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HomeMy WebLinkAbout FULL PACKET_2010-11-15MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 18, 2010 CLOSED SESSION MEETING CALLED TO ORDER POLICE CHIEF'S CONFERENCE ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 5 :21 P. M. ATTENDANCE COUNCILMEMBERS Present: CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: MIGUEL PULIDO, Mayor STAFF Present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None CLOSED SESSION CALENDAR 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Bruce Leamer vs. City of Santa Ana, WCAB case numbers: ADJ4710348; ADJ2437968; ADJ337947; ADJ2965307; and ANA186647 1B LIABILITY CLAIMS pursuant to Government Code Section 54956.95 Claimants: Eva Parsons, Claim No. 2010 -075 Siguifredo Trujillo, Claim No. 2009 -158 CITY COUNCIL MINUTES 1 0A -1 OCTOBER 18, 2010 1C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Management Association Santa Ana Police Officer's Association Santa Ana Police Management Association 1D PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957 Title: City Attorney Continue item to November 15, 2010. ADJOURNED 5:38 P.M. CITY COUNCIL MINUTES 2 OCTOBER 18, 2010 1 0A -2 REGULAR CITY COUNCIL MEETING CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 5:58 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor (6:03 p.m.) CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE Councilmember Tinajero CLOSED SESSION REPORT Refer to Agenda Item 19A for Closed Session Report. PUBLIC COMMENT • Idalia Velasquez, representing OCCO - Our Lady of Guadalupe Delhi, thanked the Council for street improvements in and around their neighborhood. Presented petition signed by neighborhood residents opposed to placement of cell tower at Delhi Park (Agenda Item 25H); requested that Council oppose item. • Vicky Baxter, Downtown Inc. Executive Director, indicated that Downtown Inc. merchants in support of Fixed Guideway project. • Joe Dixon, Assistant Superintendent of Facilities for Santa Ana Unified School District, SAUSD Board in support of Fixed Guideway project. • Jeffrey Han, new owner of Chapter 1 restaurant in downtown Santa Ana; spoke on the proposed change in the Fagade Improvement Program (CRA Item #3); requested council maintain original fagade design at Pacific Building for historical preservation purposes. • Ernesto Medrano, representing Teamsters Union, supports Fixed Guideway project. CITY COUNCIL MINUTES 3 i NMI OCTOBER 18, 2010 • Nam Pham, thanked Councilmember Sal Tinajero for efforts on behalf of Ward 6 residents; stated that he was a candidate for Ward 6 and asked for resident's vote. • Raymond Rangel, downtown business owner, requested Council honor Facade Improvement Projects as already approved by City staff. • Jose Romo, downtown business owner, spoke in support of Facade Program (CRA Item #3); other business improvements are forthcoming. • Gil Marrero, owner of Empire Building in downtown Santa Ana, spoke in support of Facade Rebate Program, specifically three participants Ray Rangel, Iry Chase, ad Davin Gumm, who have received commitment letters from the City (CRA Item #3); encouraged other businesses to participate and take advantage of rebate program. • Cathy Morehead, support of Facade Program. • David Leon, owner /operator of Yost Theater, supports Facade Program. • Iry Chase, support Facade Program;, request that the Council honor commitments as already approved by City staff before program qualifications changed; noted that Fiesta Marketplace portion will receive $600,000 and Raymond Rangel building $165,000, respectively; will renovate The Paseo at own expense and not seek reimbursement; Letter of Commitment entered into the record and is attached to Minutes. • Alfonso Calderon, representing Taqueria Guadalajara in downtown Santa Ana, requested assistance in fagade improvements. • Adolfo Lopez, supports Mr. Chase's request and Facade Improvement Program. CONSENT CALENDAR MOTION; Approve staff recommendations with the following modifications on the Consent Calendar Items 10A through 31 B: • Councilmember Sarmiento pulled item 25C for separate discussion. • Councilmember Martinez pulled items 19E, 25E, and 25H for separate discussion. MOTION: Tinajero SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS CITY COUNCIL MINUTES 4 1 0A -4 OCTOBER 18, 2010 MINUTES 10A MINUTES OF JOINT SPECIAL MEETING OF SEPTEMBER 27, 2010 - Clerk of the Council Office MOTION: Approve revised Minutes. 10B MINUTES OF REGULAR MEETING OF OCTOBER 4, 2010 - Clerk of the Council Office MOTION: Approve revised Minutes. ORDINANCES /SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading 11A ORDINANCE AMENDING THE SANTA ANA MUNICIPAL CODE RELATING TO RECYCLING - Public Works Agency Placed on first reading at the October 4, 2010 City Council meeting and approved by a vote of 7 -0. Published in the Orange County Reporter on October 8, 2010. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2808 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 16 -30 OF THE SANTA ANA MUNICIPAL CODE 11B ORDINANCE ELIMINATING DEADLINES FOR DEBT INCURRED IN THREE REDEVELOPMENT PROJECT AREAS - Community Development Agency Placed on first reading at the October 4, 2010 City Council meeting and approved by a vote of 7 -0. Published in the Orange County Reporter on October 8, 2010. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2809 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CENTRAL CITY, CITY COUNCIL MINUTES 5 OCTOBER 18, 2010 1 0A -5 INTER -CITY AND BRISTOL REDEVELOPMENT PLANS OF THE CITY OF SANTA ANA TO ELIMINATE THE TIME LIMIT IN EACH PLAN FOR THE INCURRENCE OF DEBT BOARDS I COMMISSIONS 13A BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT — APRIL 2010 THROUGH SEPTEMBER 2010 - Clerk of the Council Office MOTION: Receive and file Boards and Commissions Biannual Attendance Report. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — City Attorney's Office MOTION: Approve. 1. Compromise and Release Agreement of Bruce Learner vs. City of Santa Ana, WCAB case numbers: ADJ4710348; ADJ2437968; ADJ337947; ADJ2965307; and ANA186647 in the amount of $25,000. 2. Settlement Agreement of Eva Parsons, Claim No. 2010 -075 in the amount of $15,000. 19B EXCUSED ABSENCES — None 19C QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER - Finance & Management Services MOTION: Receive and file. 19D REQUEST FOR PROPOSALS - ENVIRONMENTAL SERVICES FOR A NEW McDONALD'S RESTAURANT - Planning and Building Agency MOTION: Receive and file. 19E REQUEST FOR PROPOSALS - ENERGY AND SUSTAINABILITY CONSULTANT - Public Works Agency MOTION: Authorize the Public Works Agency to send a Request for Proposals to qualified consultants to provide energy and sustainability consulting services to coordinate a range of energy CITY COUNCIL MINUTES 6 OCTOBER 18, 2010 iil�l�� 19F 19G 19H and climate protection activities during the next two years, payable from a grant from Southern California Edison. MOTION: Martinez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) REQUEST FOR PROPOSALS - TAXI SERVICES AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER - Public Works Agency MOTION: Authorize the Public Works Agency to send a Request for Proposals to qualified companies to provide taxi services at the Santa Ana Regional Transportation Center. REQUEST FOR PROPOSALS - WATER METER REPLACEMENT SERVICES - Public Works Agency Continued from the October 4, 2010 City Council Meeting with a vote of 7- 0. MOTION: Authorize the Public Works Agency to send a Request for Proposals to qualified firms to provide water meter replacement services. REQUEST FOR PROPOSALS - RIGHT OF WAY SERVICES FOR CAPITAL IMPROVEMENT PROJECTS - Public Works Agency MOTION: Authorize the Public Works Agency to send a Request for Proposals to qualified consulting firms to provide right -of -way services for Capital Improvement Projects. CITY COUNCIL MINUTES 7 OCTOBER 18, 2010 1 0A -7 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT - LOAN AGREEMENT WITH IRENE M. MAYORGA FOR REHABILITATION OF 601 E. 20TH STREET - Community Development Agency MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011 -081 - Recognizing a $900,000 CalHome Program Grant from the California Department of Housing and Community Development and appropriating the same to fund eligible single family rehabilitation loans. 2. Authorize the City Manager and Clerk of the Council to execute a rehabilitation loan agreement, subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2010 -207 - With Irene M. Mayorga for the rehabilitation of her home at 601 E. 201h Street in the amount not to exceed $135,000. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A and 22B) 22A SPEC. NO. 10 -038 - REPLACEMENT OF VARIABLE FREQUENCY DRIVE TO REGULATE THE PRESSURE OF WATER PUMPED FROM THE CITYS' WELLS - Award a contract to Academy Electric, Inc. in an amount not to exceed $40,000. (Public Works Agency) - Finance & Management Services 22B SPEC. NO. 10 -042 - GLOCK FIREARMS, TASERS, AND ACCESSORIES - Renew the contract with Proforce Law Enforcement for a one -year period in an annual amount not to exceed $85,000 (Police Department) - Finance & Management Services PROJECTS /CHANGE ORDERS CITY COUNCIL MINUTES 8 OCTOBER 18, 2010 illyx;� 23A REJECTION OF BIDS FOR LOCAL STREET SLURRY SEAL CITYWIDE 2010 (PROJECT NO. 106732) - Public Works Agency MOTION: Reject all bids for the Local Street Slurry Seal Citywide 2010 project. AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney and/or actions as noted on the Request for Council Action report. (Items 25A through 251) 25A AGMT NO. 2010 -196 - GENERATOR PREVENTIVE MAINTENANCE AND REPAIR - Execute an amendment with Dixie Diesel and Electric Inc., in an amount not to exceed $40,000. - Finance & Management Services 25B TUITION REIMBURSEMENT FOR LIBRARY EMPLOYEES — Parks, Recreation & Community Services Agency 1. AGMT NO. 2010 -197 - With the California State Library in the amount of $13,318. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011 -078 - Recognizing $13,318 from the California State Library in revenue account and appropriating same to expenditure account. 25C CELLULAR ANTENNA AT DELHI PARK - Parks, Recreation & Community Services Agency Council discussion ensued. Motioned to continue consideration of matter for 30 days, to meet with applicant and neighborhood association, consider undergrounding utilities. Staff working on ordinance requiring cell tower locations and options vetted before approving. MOTION: Continue consideration of matter for 30 days, to meet with applicant and neighborhood association. MOTION: Sarmiento SECOND: Alvarez VOTE: CITY COUNCIL MINUTES AYES: Alvarez, Benavides, Bustamante, Martinez, 9 LL1 A , OCTOBER 18, 2010 Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25D AGMT NO. 2010 -198 - GIS PROGRAMMING AND CONSULTING SERVICES - With Redlands Software Inc. for an amount not to exceed $120,000 annually in Fiscal Years 2010 -2011 and 2011 -2012. - Public Works Agency 25E GRAFFITI ABATEMENT PROGRAM — Public Works Agency MOTION.- 1. AGMT NO. 2010 -208 - Approve an agreement extension through December 31, 2010 with Graffiti Protective Coatings, Inc. for weekend and holiday graffiti removal services in an amount not to exceed $50,000. 2. AGMT NO. 2010 -199 - Execute an amendment with Graffiti Tracker, Inc. for software and graffiti analysis services, extending the term through December 31, 2010, in an amount not to exceed $24,000. MOTION: Martinez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) 25F AGMT NO. 2010 -200 - ACQUISITION OF RIGHT OF WAY FOR THE OCTA AT- GRADE RAIL SAFETY ENHANCEMENT (PROJECT NO. 091745) - Execute an acquisition agreement with Far West Fairhaven LTD, a Limited Partnership, for the purchase of a portion of the property CITY COUNCIL MINUTES 10 OCTOBER 18, 2010 ii[ll_dl�� located at 1201 Fairhaven Avenue in the amount of $45,000. - Public Works Agency 25G AGMT NO. 2010 -201 - ONE -STOP OPERATOR FOR PROGRAM YEAR 2010 -2011 - Execute an extension of the One -Stop Operator Memorandum of Understanding with the Santa Ana WORK Center for program year 2010 -2011 - Community Development Agency 25H GARFIELD ELEMENTARY SCHOOL COMMUNITY CENTER - Community Development Agency Assistant City Manager for Development Services Cindy Nelson noted that community center will be 10,000 square feet, shared facility with the school district — included in school renovation project; five program priorities identified for design purposes; working on joint use agreement with school district; construction to commence in the Summer; action items are for expanded architectural design. MOTION. 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement. AGMT NO. 2010 -202 - Architectural services for the design of a community center at Garfield Elementary School in an amount not to exceed $130,000. (SANTA ANA UNIFIED SCHOOL DISTRICT) 2. Amend the Fiscal Year 2010 -2011 Community Development Block Grant Program to increase the Public Facilities Improvements Program allocation by $1,500,000 from prior years' unexpended funds for a total of $2,500,000 for the development of a community center at Garfield Elementary School. 3. Approve a Funding Analysis with a total estimated project cost of $2,500,000. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Bustamante Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) CITY COUNCIL MINUTES 11 OCTOBER 18, 2010 1 0A -11 251 AGMT NO. 2010 -203 - RIGHT -OF -WAY ACQUISITION FOR FIRST STREET BRIDGE REPLACEMENT (PROJECT NO. 061723) - Execute an acquisition agreement with Orange County Flood Control District for an easement for construction of First Street Bridge over Santa Ana River in the amount of $40,900 - Public Works Agency LAND USE MATTERS CONDITIONAL USE PERMITIVARIANCES 31A CONDITIONAL USE PERMIT NOS. 2010 -18 AND 2010 -19 - TO ALLOW AFTER -HOURS OPERATION AND A BANQUET FACILITY AT THE CHAPTER ONE RESTAURANT LOCATED IN THE SPECIFIC DEVELOPMENT NO. 84- DOWNTOWN (SD84 -DT) ZONING DISTRICT - 227 NORTH BROADWAY; JEFFREY D. HALL, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on September 27, 2010, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2010 -18 and Conditional Use Permit No. 2010 -19 as conditioned. 31 B CONDITIONAL USE PERMIT NO. 2010 -20 - TO ALLOW THE RAMONA BANQUET HALL IN THE BASEMENT LEVEL OF AN EXISTING COMMERCIAL BUILDING IN THE SPECIFIC DEVELOPMENT NO. 84- DOWNTOWN (SD84 -DT) ZONING DISTRICT - 120 WEST FIFTH STREET, SUITE 110; CARLA LEONARDO, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on September 27, 2010, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2010 -20 as conditioned. * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES 12 OCTOBER 18, 2010 1 0A -12 BUSINESS CALENDAR RESOLUTIONS 55A RESOLUTION - CONTRACT AWARD TO J.P. MORGAN CHASE TO BE THE OFFICIAL CITY DEPOSITORY FOR A THREE -YEAR PERIOD COMMENCING JANUARY 1, 2011 - Finance & Management Services MOTION: 1. Adopt a resolution. RESOLUTION NO. 2010 -050 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING JP MORGAN CHASE BANK, N.A. AS THE DEPOSITORY FOR CITY OF SANTA ANA FUNDS, EFFECTIVE JANUARY 1, 2011, AND DESIGNATING SIGNATORIES AUTHORIZED FOR THE PURPOSE OF WITHDRAWAL OF SAID FUNDS 2. Authorize the City Manager and the Executive Director of Finance and Management Services Agency to execute an agreement. AGMT NO. 2010 -204 - With J.P. Morgan Chase, the lowest responsible bidder, for a three -year period, with provision for a two - year extension in the annual amount not to exceed $45,000 per year commencing January 1, 2011. 3. Authorize the City Manager and the Executive Director of Finance and Management Services Agency to extend the term of the Treasury Services Agreement. AGMT NO. 2010 -209 - With Bank of America, N.A. through December 31, 2010, with provision for payment of claims for a six month period, through June 30, 2011. MOTION: Sarmiento SECOND: Alvarez VOTE: AYES: Alvarez, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) CITY COUNCIL MINUTES 13 OCTOBER 18, 2010 1 0A -13 55B RESOLUTION AUTHORIZING SUBMITTAL OF LAND AND WATER CONSERVATION FUND GRANT PROGRAM APPLICATION FOR THE MCFADDEN AND ORANGE PARK SITE - Parks, Recreation & Community Services Agency Councilmember Martinez thanked staff for efforts on this matter. Mayor Pulido asked that staff obtain a copy of a study done on this site regarding concept of community gardens, look at other models, and bring back to Council for consideration. MOTION: Adopt a resolution. RESOLUTION NO. 2010 -051 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS TO DEVELOP THE MCFADDEN AND ORANGE PARK SITE MOTION: Martinez VOTE: AYES: PUBLIC HEARINGS SECOND: Alvarez Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 75A PUBLIC HEARING - RESOLUTION AND ORDINANCE ADOPTING THE UPDATED CALIFORNIA AND INTERNATIONAL BUILDING AND FIRE CODES WITH AMENDMENTS AND REQUISITE FINDINGS - Planning and Building Agency Legal Notice published in the 0. C. Reporter on October 8, 2010. Presentation of staff report by Planning and Building Executive Director Jay Trevino Building & Fire Code Updates & Amendments • Chapter 8 Buildings and Structures • Chapter 14 Fire Protection, Prevention & Emergency Services CITY COUNCIL MINUTES 14 OCTOBER 18, 2010 1 0A -14 New Building Codes Adopted • 2010 CA Codes become effective January 1, 2011 HSC 17958.5 & HSC 18941.5 • Local jurisdictions may amend building standards to be more restrictive than Title 24, if such amendments are justified on the basis of a local geological, topographical or climatic condition. Green Building Standards Code • California Green Building Code Fire Safety • Residential Fire Sprinklers (R313) o Required in every dwelling unit, including Single Family Dwellings. NFPA 13D Effective Date for New Codes • Beginning January 1, 2011, several NEW building codes will be enforced in CA. • All architects, engineers, designers, and contractors MUST be familiar with the new codes. SAMC Chapters 8 and 14 • Existing amendments updated with new code language • Based on geological, topographical and climatic conditions • Enhanced public safety New Codes Will Benefit Everyone • Improved life safety • Incorporates latest national standards • Improved Accessibility • Promotes greener buildings • Enhanced seismic safety standards The public hearing opens at 6:58 p.m. No correspondence was received There were no public speakers and the hearing closed. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2010 -052 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF SANTA ANA WHICH JUSTIFY CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN CITY COUNCIL MINUTES 15 OCTOBER 18, 2010 1 0A -15 BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, AND UNIFORM SOLAR ENERGY CODE AS AMENDED BY THE STATE OF CALIFORNIA 2. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2810 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, AND UNIFORM SOLAR ENERGY CODE MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL RECESSED AT 7:02 P.M. AND CONVENED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING, FOLLOWED BY THE SANTA ANA FINANCING AUTHORITY MEETING AT 7:36 P.M. THE CITY COUNCIL RECONVENED AT 7:36 WITH SAME MEMBERS PRESENT. CITY COUNCIL MINUTES 16 OCTOBER 18, 2010 iillym � WORK STUDY SESSION WSA FIXED GUIDEWAY UPDATE — Public Works Agency Santa Ana Transit Vision -Phase 1 Santa Ana - Garden Grove Fixed Guideway Project Purpose ❖ Provide a safe, convenient and reliable public transportation option ❖ Spur economic development opportunities and create jobs ❖ Increase accessibility and livability in the heart of Orange County ❖ Promote sustainable and environmentally responsible transportation ❖ Serve as a link to destinations within and surrounding Santa Ana Connecting Neighborhoods, Businesses and Activity Centers OCTA "Go Local" Process Step 1 • Identify transit concepts to link major activity & employment centers to Metrolink stations • Identify wide range of routes & transit technologies Step 2 • Refine concepts in coordination with stakeholders & the public • Conduct alternatives analysis, conceptual engineering & environmental review on "reduced set" of concepts • Refine cost estimates & develop funding plan Step 3 • Preliminary engineering (with FTA concurrence) • Final design & construction • Implementation Step 4 Once Go Local programs are operating, OCTA will perform additional upgrades to Metrolink stations to ensure passengers can connect seamlessly to the various transit services City of Santa Ana at Step 2 - Study Process: Public Outreach a e fg a HK CITY COUNCIL MINUTES 17 OCTOBER 18, 2010 1 0A -17 Stakeholder Groups We've Met With ❖ Stakeholder Working Group (SWG) ❖ Downtown Inc. ❖ Santa Ana Unified School District ❖ Santa Ana Merchants Association ❖ Santa Ana College ❖ 140+ downtown businesses on 4th and 5th Streets ❖ School Board for the SAUSD Stakeholder Feedback ❖ Downtown Businesses are excited about streetcar and foot traffic ❖ Overall support for streetcar concept ❖ Need to include Civic Center Dr. to Flower St. ❖ Want convenient connections to sites not directly on the College and S. Main St.) ❖ Pedestrian safety concerns, especially near school sites ❖ Need more resident input ❖ Concern over how project is funded ❖ Potential impact to parking on 4th St. ❖ Construction impacts on 4th St. ❖ Question if the streetcar fits or works on 4th St. ❖ Questions about the future development of Willowick ❖ Want it completed in a timely manner increased route (the Stakeholder Outreach: Next Steps ❖ Activity Center Outreach including faith -based organizations ❖ Speakers' Bureau Opportunities — City and County -wide organizations — Neighborhood associations — Seniors groups ❖ One -on -one Briefings ❖ Building Partnerships / Coalitions with key stakeholders CITY COUNCIL MINUTES 18 OCTOBER 18, 2010 ii[ll_d_E:� Which Technologies Are Most Suitable? — 0% 29.8% 33.9% 27.0% 29.5% Number of residents within a 1/4 mile GOAL$lSBDCRREM PERSONAL RAPT TRANSIT � MONORAIL Desd MNJl.71RlE CO�� RAL LIGHTRAL Bus 7ROLLJIVKA �� LIYABILI TYfACCESSIBYJTY_ 42 thousands) UNITS Number of employees within a 1/4 mile 8TRBEICAR Does the project promote livability walking distance of proposed alignment (in 26 27 27 26 25 andvA&abdW. Does it utilize Yes Yes Yes Yes Yes Yes Yes Yes Yes clean furls? Does it reduce auto dependency? High Would serve transit-supportive land use Low Medium -High High Medium -High Medium Will be perceived as a significant long -term PROVM FEASIBILITY: Public investment in infrastructure by Potential investors/developers Medium Medium High 9 High High Is the technology proven in revenue Rile Ne Yes Yes Yes Yes Yes Yes Yes service in the US? 3rd Top Technology Being Considered ❖ Modern Streetcar — Runs in street traffic or in exclusive guideway AFFORDAMLITY: — Typical Vehicle Capacity: 50 seated, up to 100 standing Reduced Set of Alternatives ❖ No Build Alternative — Depicts what happens if project is not built Can the project be e nted at already been funded and committed through the year 2035. a cost ba sed treasonable' a b d on No You Yes Yss Y es Yes Yes Possible, known funding sources? ACCESS a rTY: Does the prciect provide the required level of accessibility ? Does it address identified travel 1N No Ne no Ne Yes Yes Yes Yes markets and creeds? COMMUNITY ACCEPTANCFI ENVIRONMENTAL STEIVAROSHIP- Does the project avoid major right- Ile me No No jle Ile Yes Yes all y inipects ? Can it operate in Yes existing lanes? How Well Does Each Alignment Perform? Alternative r provides service to City's adopted transit corridors 0% 29.8% 33.9% 27.0% 29.5% Number of residents within a 1/4 mile walking distance of proposed alignment (in 43 43 45 42 42 thousands) Number of employees within a 1/4 mile walking distance of proposed alignment (in 26 27 27 26 25 thousands) Would promotes principles of "Livability" Logy Low High 9 High High Would serve transit-supportive land use Low Medium -High High Medium -High Medium Will be perceived as a significant long -term Public investment in infrastructure by Potential investors/developers Medium Medium High 9 High High Total estimated capital cost Lowy Lowy Medium Medium Medium RECOMMENDED RANKING 5th 4th 1st 2nd 3rd Top Technology Being Considered ❖ Modern Streetcar — Runs in street traffic or in exclusive guideway — Electrically powered through single overhead wire — Typical Vehicle Capacity: 50 seated, up to 100 standing Reduced Set of Alternatives ❖ No Build Alternative — Depicts what happens if project is not built — No further transportation improvements beyond what has already been funded and committed through the year 2035. CITY COUNCIL MINUTES 19 OCTOBER 18, 2010 1 0A -19 ❖ Transportation Systems Management (TSM) Alternative Explores what can be achieved with low level investments such as traffic signal synchronization Relatively inexpensive projects, operational improvements, or policy actions such as increases in existing bus service, improved signal timing, and incentives to carpooling. ❖ Streetcar 1 along Santa Ana Blvd. and 4th St. ❖ Streetcar 2 along Santa Ana Blvd. and 5th St. Streetcar 1 — Santa Ana Blvd. /4th Street Streetcar 2 — Santa Ana Blvd. /5th Street Refinements to Reduced Alternatives ❖ Streetcar 1 — Parking on 4th Street — Option 1: Remove diagonal parking along south side of 4th Street; widen sidewalk 16 feet on south side. — Option 2: Replace diagonal parking along south side of 4th Street with parallel parking; widen sidewalk 8 feet. ❖ Streetcar 2 — Civic Center Drive Loop Streetcar 1 — 4th Street Parking Option 1 ❖ Remove diagonal parking along south side of 4th Street; ❖ Widen sidewalk 16 feet on south side Streetcar 1 — 4th Street Parking Option 2 ❖ Replace diagonal parking along south side of 4th Street with parallel parking ❖ Widen sidewalk 8 feet 4th Street Station at Main Street Streetcar 2 — Santa Ana Blvd. /5th Street with Civic Center Loop How Will the Preferred Alternative Be Selected? ❖ Accessibility and Livability ❖ Economic Development, Transit Supportive Land Uses and Community Goals ❖ Environmental Responsibility and Sustainability ❖ Travel Benefits, Choice, and Reliability ❖ Cost Effectiveness and Financial Feasibility Next Steps Summer 2010 - Spring 2011 Alternatives Summer 2011 Spring 2012 July 2013 2015 CITY COUNCIL MINUTES Detailed Evaluation of Reduced Set of Draft Environmental Document Final Engineering Complete Construction Start Phase1 (SARTC to Bristol) Opening 20 OCTOBER 18, 2010 Who Is Consultant Team? Cordoba Corporation in association with: URS Corporation HNTB Corporation David Evans and Associates LTK Engineering Cambridge Systematics, Inc. COMMENTS 90A CITY MANAGER'S COMMENTS — None 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • All community service groups, including: Comlink, PTA's, and Vietnamese community, should be included in outreach efforts (on fixed guideway project). Councilmember Benavides: • Attended the South Santa Ana Merchants Association candidates forum; requested that staff look at branding initiative to inform public on projects /programs available and underway; • Wished all a Happy Halloween, and • Encouraged all to vote on November 2nd Councilmember Martinez: • Echoed message by Councilmember Benavides on informing public of projects; • Wished all a Happy Halloween; and • Asked all to vote and vote "yes" on Proposition 22. Councilmember Sarmiento: • Thanked staff for presentation and teamsters for support on fixed guideway project; • Invited all to vote on November 2nd; • City Manager looking into Public Information Officer position; and • Wished all a Happy Halloween. Mayor Pulido: • Encouraged all to vote. U r r COUNCIL MINUTES 21 OCTOBER 18, 2010 1 OA -21 MOTION: Cancel November 1, 2010 Regular City Council Meeting and adjourn to the next regularly scheduled meeting scheduled for November 15, 2010. MOTION: Alvarez VOTE: AYES: ADJOURNED - 9:09 P.M. Maria D. Huizar, Clerk of the Council SECOND: Martinez Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 22 OCTOBER 18, 2010 1 OA -22 FIESTA MARKETPLACE PARTNFRS C:rQ S & A PROPERTIES 1 ?9 W. WILSON -ST. SUITE 100 COSTA HESA, CA 97627, 4119-72)-;400 949- 722 -8855 FAX October 18, 2010 ORIGINAL LETTER C,ntria J. Nelson, Deputy Lily Nli-ioyer City c•f Santa Ana Cowrnu it,, Develapwrt Agency; ?n C•i'lir C'Pnl�+r Playa Past ikfrc� tx:a 19gfi — tai -25 Santii A-ra. CA 02702 RE: Cily c:f Sunlu Ano Fa�adc Rcbato Procrani Fiesta Mairkc #act- ParUttrs O-te and Two Rayrnur•d and Dulia Ranyci Dear Cady; Tlhs letter will serve w memorialize tree egr =er ^enl .hat th(- F esta Market) garie Part,ers One and Tv.z and Raymond and Delta R.irgel ha'ae reached wth Vx, City cord, ru :t r_ C.it 's Facaac Rebate Program. Tha Fiesta Marketplace Partners 3rd P,,•,mond an^. neiia Pan9ei :,Ili ir•ve' :t, in -heir r:_P,::ctivc Properties, app0xrr3t2ly 11,125,00C.00 :-ind will receive tmr° tie City'c: racijee Prugrarn approximateiy $825'000.00 (Casi cCnt l)ution =ron, Fiesta Mar e :plate Pahfftl Orw drid tutu i5 S2,2-15,000.70 a,d R, •yiiold Silt: Celia Rcnyel Cxhit)lt "A ", ittached ne.tcrr., !;C"4-fortn cr-tall Of tl` sc• Cxpcndr-urns. the hies,e Mirke, place Part:iers.,ha ,ry !st 7,,n tsiin a *�y ;,S,v i'nT .pp -,;-tie public gathering area currenty known as "'lhk Pasco e '•, CU.. u,!:ns .� pi-t .,r I -,e Paseo that front the Cit3' -owned su face pd-ping a; dt iliird ind 13,151 5lreets, T-ie Fiesta Marketplace Partners kl,i,l rercvate The Pasea at its' c. -;n experse anc not seer.: reimbursement trot' -h? City tnr the apprnxirn,tply mF- *nr,rµh nt - enovatijn ,vi ich translates to abo,;t 5t20,�D0.1'.C, that :n,,r he apportnnec -o -h? „rF- to.n #n of Tlic Pasco that the Cir owns, 4 nce -e y 'j0t1'5, Fiesta Marke -lace Partners One and I �•,: Raymond and Del a fang, B',, Tn;inq M. Chase, Partrc- rC: A hin F,3inharc Ryan Chase R-avmonc 4 is Delis R ir,yel Davd 5eh;:ppc--:, CPA CITY COUNCIL MINUTES 23 OCTOBER 18, 2010 1 OA -23 FiesLa Rcdey-eippment Cpsr-Esi.-imates bUilk: VG 4- :222, tLsl. •SLJV 'S.S21),f*0 XU,Uoo rt4),+ ei Euildinqpi2 :231 EaEt•1*" St,): 0,745,Xc :,.400.000 1 L:b;-1.&:', 3ulldln.o. C3 "305 LdSt 11" S1 rphit,-'I . Buildinav (JU(; Last '.'$165-000 fcb-3t8',' 34111,31)d 11 Ll Dulii Xwi.Ln-. R iddiriL. Ict3l Lfw(wiltdo: .; 5 80,;m hnprnvenc,its: YunL Om-upavc%. and StrijcttjrF;l Upgrarlps :307 K. kits Shall lir puvwrimmL% 41M N. Sput,,00n Y.): [A.m5elman DLJldiAa5ljC-H ',320 lu�L O' SL.). Wo,orin I otal $1.350000 Promenade: .AAl "'rojert liT.Atustingency; 5375.000 TOTAL: $4,125,000 F-10- de itebRIQ (5425;000) TOTAL, $3.3W,LM F�lfibil 46 CITY COUNCIL MINUTES 24 OCTOBER 18, 2010 1 OA-24 FIESTA MARKETPLACE PARTNERS Q,'O S Re A PROPERTIES 129 A'. WILSON ST. Sul It: 10tl COSTA, MESA, CA 9262+' 9 9 -77z -740,7 949- 722 -8855 FNK Octuber 18, 2010 CORRECTED LETTER Cynthia J. Nelson, Deputy City Marager City of Santa Ana Community Develcpmert Ageror 20 Civic. Ce iter Plaza — Post Office Box 1988 — V-25 Santa Ara, CA 92702 RE: GLy of Sunla Ana Facade tctau:c f'-x)yrum (icsLa MarkeLalecc Part-u:rs One, enc ir;o R4ylrlUnd and Dt+d Rdnycl gear CINY: phis letter ,vik serve to memorial ze the ag-eemert that the Fiesta 'vlarxetplace Partners One and Two and Rdyniond and Deiia Rangel have reached with fie City carce nine the. Ci .Ys = asade Rebate Program. The Fiesta Marketplace Par,,ners and Raymond and Delia Ra -,gel ,vill in:-est, n rho rospz ctive properties, approximately s1,125,000.00 and avAll n udw =mm the d'� fa4ade Program a:3p -uxi MaLely $/65,00(N -00 (Cash contrih,Ainr From Fe5tz Marke- place Par LnLf 0111 -- dnet Tow is $3,305.0{)0.01) driL Rdyrnurnd .,nd Delio Rer_eel i5 $55,DOD.00). Exhlblt "A" attached hrnn-o, sets -f(i rl -, )t these e;<p e ) tuns, The Fiesta Marketplarc Partners shalt irvest an estiMd -trd $580,UG0,C0 to renovate -hr Public gatherny area cxreitly known as "The Faseo Tne City ow s a part of -1-jo PasPO that fronts the Cit1 uwne: Surface pdrkirg :ot at Third and Bush _atn ets. 'he Fiesta Marketplace Partners w ll -enovate The Paseo a' its` m n nkpo.nso ,rrrl rnl 5 � nyim: ,nirrwment trnm the Cty thr the approximately one feu-t-) of rrn,,atihor whXh translates to 8bCLlt $160,000.00, :hat INOLId Le apJo-`iured to era of The Pa;eo hat the City own,;, Slicer e:T :yClu'S, F-st i larke, am Pzttit rs l:n dnc Ts %o rtay and and ,,mia Rkirillel By: Tr:ira P•1, Ch:ase, Ger.e -a Plai7rer cc: Allan Fair,barg Ryan Chase Raymond and De is kcnyel David Scn_p�c CP.A J CITY COUNCIL MINUTES 25 OCTOBER 18, 2010 1 OA -25 iiMANO ' ROH 10/18/10 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA. ANA MUNICIPAL CODE TO ADOPT AND AMEND THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, AND UNIFORM SOLAR ENERGY CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: That section 8-43 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -43. Adoption by reference. There is adopted by the city that certain code known as the California Building Code, 2010 Edition, based on the 2009 International Building Code as published by the International Code Council, (hereinafter referred to in this article as the "Building Code," "building code," or "California Building Code "), consisting of "Volume 1", "Volume 2" and the 2010 California Existing Building Code (together with subsequent supplements or amendments to any volume, each of which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The building code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the building code set forth in this chapter that specifically amends the Building Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended a pre -2010 edition of the "Building Code" shall also be construed as amending the applicable provision of the 2010 or later edition of the building code. The building code, as thus amended, together with all other provisions of this article, shall be known as the city building code. Appendices which are adopted pursuant to this section, are as follows: Ordinance No. NS -XXXX 11 A -1 Page 1 of 43 Appendix I, Patio Covers Appendix J, Grading SECTION 2: That section 8 -90 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -90. Board of appeals (Volume 1, Section 113). Section 113 of Volume 1 of the building code is deleted. SECTION 3: That section 8 -94 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -94. Permits required (Appendix Chapter 1, Section 105). Section 105.1 of Appendix Chapter 1 of the building code is amended to read as follows: 105.1 Permits required. No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, demolished or maintained unless a separate permit for each building or structure has first been obtained from the building official. SECTION 4: That section 8 -95 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 8 -95. Reserved. SECTION 5: That section 8 -96 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -96. Time Limitation of Application (Appendix Chapter 1, Section 105.3.2). Section 105.3.2 is amended to read as a follows: Sec. 105.3.2. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless the permit has been issued; except that the Building Official may extend the time for action by the applicant for a period not exceeding one hundred and eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after Ordinance No. NS -XXXX 11 A -2 Page 2 of 43 expiration, the applicant shall resubmit plans and pay a new plan review fee. SECTION 6: That section 8 -97 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -97. High Rise Buildings (Section 403). Section 403 is amended to read as a follows: Sec. 403. High -rise buildings having occupied floors located more than 55 feet above the lowest level of fire department vehicle access and group 1 -2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access. SECTION 7: That section 8 -98 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -98. Applicability (Section 403.1). Section 403.1 is amended to read as a follows: 403.1 Applicability. New high -rise buildings having occupied floors located more than 55 feet above the lowest level of fire department vehicle access and new Group 1 -2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access shall comply with Sections 403.2 through 403.6. SECTION 8: That section 8 -99 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -99. High -rise Structure (Section 403.1.1). Section 403.1.1 is amended to read as a follows: 2. "High -rise structure" means every building of any type of construction or occupancy having floor used for human occupancy located above 55 feet above the lowest floor level having building access (see Section 403.1.2), except buildings used as hospitals as defined by the Health and Safety Code Section 1250. SECTION 9: That section 8 -100 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -100. Standby power loads (Section 403.4.7.2). Ordinance No. NS -XXXX 11 A -3 Page 3 of 43 Section 403.4.7.2 is amended to read as a follows: 403.4.7.2 Standby power loads. The following are classified as standby power loads: a. Power and lighting for the fire command center required by Section 403.4.5; and b. Standby power shall be provided for elevators in accordance with Sections 1007.4, 3003, 3007, and 3008. SECTION 10: That section 8 -101 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -101. Emergency power loads (Section 403.4.8.1). Section 403.4.8.1 is amended to read as a follows: 403.4.8.1 Emergency power loads. The following are classified as emergency power loads: 1. Exit signs and means of egress illumination required by Chapter 10; 2. Elevator car lighting; 3. Emergency voice /alarm communications systems; 4. Automatic fire detection systems; 5. Fire alarm systems; 6. Electrically powered fire pumps; and 7. Ventilation and automatic fire detection equipment for smokeproof enclosures. SECTION 11: That section 8 -102 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -102. Location of Calls I standpipe hose connections (Section 905.4). Section 905.4 is amended to read as a follows: [F] 905.4 Location of Class I standpipe hose connections. Class I standpipe hose connections shall be provided in all of the following locations: Ordinance No. NS -XXXX 11 A -4 Page 4 of 43 1. In every required stairway, a hose connection shall be provided for each floor level above or below grade. Hose connections shall be located at an intermediate floor level landing between floors, unless otherwise approved by the fire code official. See Section 909.20.3.2 for additional provisions in smokeproof enclosures. 2. On each side of the wall adjacent to the exit opening of a horizontal exit. Exception: Where floor areas adjacent to a horizontal exit are reachable from exit stairway hose connections by a nozzle attached to 100 feet (30 480 mm) of hose, as measured along the path of travel, a hose connection shall not be required at the horizontal exit. 3. In every exit passageway, at the entrance from the exit passageway to other areas of a building. Exception: Where floor areas adjacent to an exit passageway are reachable from exit stairway hose connections by a 30 -foot (9144 mm) hose stream from a nozzle attached to 100 feet (30 480 mm) of hose, a hose connection shall not be required at the entrance from the exit passageway to other areas of the building. 4. In covered mall buildings, adjacent to each exterior public entrance to the mall and adjacent to each entrance from an exit passageway or exit corridor to the mall. 5. Where the roof has a slc horizontal (33.3 - percent slope), hose connection located either stairway with stair access to the be provided at the top of the testing purposes. )e less than four units vertical in 12 units each standpipe shall be provided with a m the roof or at the highest landing of a roof. An additional hose connection shall most hydraulically remote standpipe for 6. Where the most remote portion of a nonsprinklered floor or story is more than 150 feet (45 720 mm) from a hose connection or the most remote portion of a sprinklered floor or story is more than 150 feet (45 720 mm) from a hose connection, the fire code official is authorized to require that additional hose connections be provided in approved locations. The distance from a hose connection shall be measured along the patch of travel. 7. The centerline of the 2.5 inches (64 mm) outlet shall be no less than 18 inches (457 mm) above and no more than 24 inches (610 mm) above the finished floor. Ordinance No. NS -XXXX 11 A -5 Page 5 of 43 8. Every new building with any horizontal dimensions greater than 300 feet (91 440 mm) shall be provided with either access doors or a 2.5 inch (64 mm) outlets so that all portions of the building can be reached with 150 feet (45 720 mm) of hose from an access door or hose outlet. Required access doors shall be located in the exterior of the building and shall be accessible without the use of a ladder. The door dimensions shall be not less than 3 feet (914 mm) in width, and not less than 6 feet 8 inches (2032 mm) in height. These doors are for fire department access only. SECTION 12: That section 8 -103 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -103. High -rise buildings (Section 907.2.13). Section 907.2.13 is amended to read as a follows: [F] 907.2.13 High -rise buildings having occupied floors located more than 55 feet above the lowest level of fire department vehicle access. High -rise buildings having occupied floors located more than 55 feet above the lowest level of fire department vehicle access shall be provided with an automatic smoke detection in accordance with Section 907.2.13.1, a fire department communication system in accordance with Section 907.2.13.2 and an emergency voice /alarm communication system in accordance with Section 907.6.2.2. Exceptions: 1. Airport traffic control towers in accordance with Section 907.2.22 and Section 412. 2. Open parking garages in accordance with Section 406.3. 3. Buildings with an occupancy in Group A -5 in accordance with Section 303.1. 4. Low - hazard special occupancies in accordance with Section 503.1.1. 5. In Group 1 -2 and R -2.1 occupancies, the alarm shall sound at a constantly attended location and general occupant notification shall be broadcast by the emergency voice /alarm communication system. Ordinance No. NS -XXXX 11 A -6 Page 6 of 43 SECTION 13: That section 8 -104 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -104. Emergency voice /alarm communication system (Section 907.5.2.2). Section 907.5.2.2 is amended to read as a follows: [F] 907.5.2.2 Emergency voice /alarm communication system. Emergency voice /alarm communication system required by this code shall be designed and installed in accordance with NFPA 72. The operation of any automatic fire detector, sprinkler waterflow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information and directions for a general or staged evacuation in accordance with the building's fire safety and evacuation plans required by Section 404. In high -rise buildings having occupied floors located more than 55 feet above the lowest level of fire department vehicle access, the system shall operate on a minimum of the alarming floor, the floor above and the floor below. Speakers shall be provided throughout the building by paging zones. At a minimum, paging zones shall be provided as follows: Elevator groups. 2. Exit stairways. 3. Each floor. 4. Areas of refuge as defined in Section 1002.1. 5. Dwelling Units in apartment houses. 6. Hotel guest rooms or suites. Exception: In Group 1 -1 and R -2.1 occupancies, the alarm shall sound in a constantly attended area and a general occupant notification shall be broadcast over the overhead page. SECTION 14: That section 8 -105 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -105. High -rise buildings (Section 907.6.3.2). Section 907.6.3.2 is amended to read as a follows: 907.6.3.2 High -rise buildings. High -rise buildings having occupied floors located more than 55 feet above the lowest level of fire department vehicle Ordinance No. NS -XXXX 11 A -7 Page 7 of 43 access, a separate zone by floor shall be provided for all of the following types of alarm- initiating devices where provided: 1. Smoke detectors. 2. Sprinkler waterflow devices. 3. Manual fire alarm boxes 4. Other approved types of automatic detection devices or suppression systems. SECTION 15: That section 8 -106 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -106. Sprinkler buildings (Section 910.3.2.2). Section 910.3.2.2 is amended to read as a follows: [F] 910.3.2.2 Sprinkler buildings. Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat - responsive device rated at least 100° F above the operating temperature of the sprinkler, unless otherwise approved. SECTION 16: That section 8 -109 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -109. (Section 1505.5). Section 1505.5 of the building code is deleted. SECTION 17: That section 8 -110 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -110. (Section 1505.7). Section 1505.7 of the building code is deleted. SECTION 18: That section 8 -112 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -112. Certificate of occupancy (Section 110). Section 110 of the building code is amended to read as follows: Ordinance No. NS -XXXX 11 A -8 Page 8 of 43 Section 110 -- Certificate of Occupancy (2) No alteration to an existing building which changes the floor area of the building or which changes the exits from the building shall be made until the building official has issued a certificate of occupancy therefor as provided herein. (3) No change of occupant within a building or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. EXCEPTION: Group R, Divisions 1 and 3, and Group U Occupancies. (4) No building or structure shall be connected with utility services, nor shall a building or structure whose electrical service has been disconnected be reconnected with electrical service until an inspection has been made and the building official has determined that the building does not constitute an unsafe building. SECTION 19: That section 8 -113 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -113. Exception (Section 111.1). Section 111.1 is hereby amended to read as follows: Exception: Certificates of occupancy are not required for work exempt from permits under section 105.2 and Group R Division 3 and Group U Occupancies. SECTION 20: That section 8 -114 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -114. Posting (Section 111.5). Section 111.5 is hereby added to read as follows: 111.5 Posting. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official. SECTION 21: That section 8 -115 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -115. Inspections (Section 111.6). Ordinance No. NS -XXXX 11 A -9 Page 9 of 43 Section 111.6 is hereby added to read as follows: 111.6 Inspections. It shall be the responsibility of the owner or occupant whose action makes necessary the issuance of a certificate of occupancy pursuant to this section to apply to the building official for the inspection of the building or structure or portion thereof as necessary to obtain such certificate. Each application shall be accompanied by the payment of a nonrefundable application processing fee and an inspection fee, which shall be refunded if an inspection proves to be unnecessary, in such amounts as shall be established by resolution of the city council. The building official and the executive director of finance and management services shall establish procedures and forms to implement this subsection. SECTION 22: That section 8 -116 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -116. Prohibition against falsification (Section 111.7). Section 111.7 is hereby added to read as follows: 111.7 Prohibition against falsification. No person shall alter or reproduce a certificate of occupancy for the purpose of circumventing the requirements of this section. SECTION 23: That section 8 -150 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -150. Fire protection requirements (Volume 2, Section 3403). The first paragraph of Section 3403 of the building code is amended by adding thereto the following: EXCEPTION: If additions, alterations or repairs made to any building constructed prior to January 1, 1946, other than an R- occupancy building, exceed fifty thousand dollars ($50,000.00) in cost in any one -year period, then either (A) the entire building must be completely sprinklered in accordance with fire department standards, or (B) the building must comply with all the following requirements: 1. The ceiling of a roof system shall be of one -hour construction, and all ceiling or wall penetrations shall have approved fire dampers. 2. All stairways shall be completely enclosed with one -hour construction to exits; and enclosed stairways or required exits shall lead directly to the outside of the building. Ordinance No. NS -XXXX 11A-10 Page 10 of 43 3. Draft stops are required in floors in accordance with Section 717.3. In attic areas, one -hour walls shall be required for every one thousand (1,000) square feet of area. 4. Smoke detectors with an alarm system, receiving their primary power from the building wiring, shall be required throughout the building in accordance with NFPA standards. 5. Either (a) corridors, regardless of occupant load, shall be one -hour construction; or (b) a "life safety" sprinkler system, as approved by the fire department, shall be installed in all corridors. SECTION 24: That section 8 -151 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -151. Fire protection requirements (Volume 2, Section 3404) The first paragraph of Section 3404 of the building code is amended by adding thereto the following: EXCEPTION: If additions, alterations or repairs made to any building constructed prior to January 1, 1946, other than an R- occupancy building, exceed fifty thousand dollars ($50,000.00) in cost in any one -year period, then either (A) the entire building must be completely sprinklered in accordance with fire department standards, or (B) the building must comply with all the following requirements: 1. The ceiling of a roof system shall be of one -hour construction, and all ceiling or wall penetrations shall have approved fire dampers. 2. All stairways shall be completely enclosed with one -hour construction to exits; and enclosed stairways or required exits shall lead directly to the outside of the building. 3. Draft stops are required in floors in accordance with Section 717.3. In attic areas, one -hour walls shall be required for every one thousand (1,000) square feet of area. 4. Smoke detectors with an alarm system, receiving their primary power from the building wiring, shall be required throughout the building in accordance with NFPA standards. 5. Either (a) corridors, regardless of occupant load, shall be one -hour construction; or (b) a "life safety" sprinkler system, as approved by the fire department, shall be installed in all corridors. Ordinance No. NSAXXX 11A-1 1 Page 11 of 43 SECTION 25: That section 8 -152 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -152. Fire protection requirements (Volume 2, Section 3405) The first paragraph of Section 3405 of the building code is amended by adding thereto the following: EXCEPTION: If additions, alterations or repairs made to any building constructed prior to January 1, 1946, other than an R- occupancy building, exceed fifty thousand dollars ($50,000.00) in cost in any one -year period, then either (A) the entire building must be completely sprinklered in accordance with fire department standards, or (B) the building must comply with all the following requirements: 1. The ceiling of a roof system shall be of one -hour construction, and all ceiling or wall penetrations shall have approved fire dampers. 2. All stairways shall be completely enclosed with one -hour construction to exits; and enclosed stairways or required exits shall lead directly to the outside of the building. 3. Draft stops are required in floors in accordance with Section 717.3. In attic areas, one -hour walls shall be required for every one thousand (1,000) square feet of area. 4. Smoke detectors with an alarm system, receiving their primary power from the building wiring, shall be required throughout the building in accordance with NFPA standards. 5. Either (a) corridors, regardless of occupant load, shall be one -hour construction; or (b) a "life safety" sprinkler system, as approved by the fire department, shall be installed in all corridors. SECTION 26: That section 8 -184 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 8 -184. Reserved. SECTION 27: That section 8 -290 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -290. Adoption by reference. There is adopted by the city that certain code known as the California Plumbing Code, 2010 Edition, including the following appendices thereto: A, B, D, I and K, (hereinafter referred to in this article as the "Plumbing Code "), together with subsequent Ordinance No. NS -XXXX 11A-12 Page 12 of 43 supplements or amendments, which shall become effective, adopted and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified. The plumbing code is adopted and incorporated by reference as fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the plumbing code set forth in this chapter of this Code that specifically amend the plumbing code. Any previously enacted, unrepealed provision of this Code that amended a pre -2010 edition of the "Plumbing Code" shall also be construed as amending the applicable provision of the 2010 or later edition of the plumbing code. The plumbing code as amended, together with all other provisions of this article, shall be known as the city plumbing code. SECTION 28: That section 8 -301 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 8 -301. Reserved. SECTION 29: That section 8 -308 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 8 -308. Reserved. SECTION 30: That section 8 -340 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -340. Piping in the ground (California Plumbing Code Section 314.3). Section 314.3 of the Plumbing Code is amended to read as follows: 314.3. Piping in the ground shall be laid on a firm bed for its entire length. Building drains, sewers and storm drain piping systems in the ground, and designed and approved at less than one (1) percent grade, shall be laid on a continuous firm bed, certified by a registered soils engineer as having a compaction level of not less than ninety (90) percent density. Where support is otherwise provided, it shall be approved per Section 301.0 of this code. SECTION 31: That section 8 -341 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 8 -341. Reserved. SECTION 32: That section 8-400 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 8-400. Reserved. Ordinance No. NS -XXXX 11A-13 Page 13 of 43 SECTION 33: That section 8 -556 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -556. Adoption by reference. There is adopted by the city that certain code known as the California Mechanical Code, 2010 edition and with appendices A and C and code standards therein (hereinafter referred to in this article as the "California Mechanical Code" "Mechanical Code" or "mechanical code "), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified. The mechanical code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the mechanical code set forth in this chapter of this Code that specifically amend the mechanical code. Any previously enacted, unrepealed provision of this Code that amended a pre -2010 edition of the "Mechanical Code" shall also be construed as amending the applicable provision of the 2010 or later edition of the mechanical code. The mechanical code as amended, together with all other provisions of this article, shall be known as the city mechanical code. SECTION 34: That section 8 -557 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 8 -557. Reserved. SECTION 35: That section 8 -558 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 8 -558. Reserved. SECTION 36: That section 8 -559 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 8 -559. Reserved. SECTION 37: That section 8 -560 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 8 -560. Reserved. SECTION 38: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8 -570 amending California Mechanical Code Section 602.1 is necessary because of corrosion related to the high seasonal humidity in this coastal area which prevents moisture collecting in flexible ducting of evaporative cooling systems from draining and evaporating, contributing to the deterioration of the ductwork thereby endangering person's health and the environment. Ordinance No. NS -XXXX 11A-14 Page 14 of 43 SECTION 39: That section 8 -570 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -570. Ducts -- Material (Section 602.1). Section 602.1 of the mechanical code is amended to read as follows: 602.1 General. Supply air, return air, and outside air for heating, cooling, or evaporative cooling systems shall be conducted through duct systems constructed of metal as set forth in the ANSUSMACNA 006 -2006 HVAC Duct Construction Standards - Metal and Flexible, or another approved duct construction standard. Rectangular ducts in excess of two (2) inches w.g. shall comply with the ANSUSMACNA 006 -2006 HVAC Duct Construction Standards - Metal and Flexible, or another approved duct construction standard. Ducts, plenums, and fittings may be constructed of concrete, clay, or ceramics when installed in the ground or in a concrete slab, provided the joints are tightly sealed. In other than Group A, E, H, I, L, and R occupancies, high -rise buildings, and other applications listed in Section 1. 11.0 regulated by the Office of the State Fire Marshal, corridors shall not be used to convey air to or from rooms if the corridor is required be of fire - resistive construction per the Building Code. In Group A, E, H, I, L, and R occupancies, high -rise buildings, and other applications listed in Section 1. 11.0 regulated by the Office of the State Fire Marshal, corridors shall not be used to convey air to or from rooms except where permitted in accordance with Section 1018.5 of the California Building Code. Exception: [OSHPD 1, 2, 3 & 4] (See Section 407.4.1.3). Not permitted for [OSHPD 1, 2, 3 & 4] Concealed building spaces or independent construction within buildings may be used as ducts or plenums. When gypsum products are exposed in ducts or plenums, the air temperature shall be restricted to a range from 50 °F (10 °C) to 125 °F (52 0C), and moisture content shall be controlled so that the material is not adversely affected. For the purpose of this section, gypsum products shall not be exposed in ducts serving as supply from evaporative coolers, and in other air- handling systems regulated by this chapter when the temperature of the gypsum product will be below the dew point temperature. See Chapter 8 for limitations on combustion products venting systems extending into or through ducts or plenums. Ordinance No. NS -XXXX 11A-15 Page 15 of 43 See Chapter 5 for limitations on environmental air systems exhaust ducts extending into or through ducts or plenums. Exhaust ducts under positive pressure and venting systems shall not extend into or pass through ducts or plenums. For appliance vents and chimneys, see Chapter 8. EXCEPTION: Supply air duct, on the discharge side of an evaporative cooler, shall be conducted through rigid metal ducts constructed as set forth in the ANSUSMACNA 006 -2006 HVAC Duct Construction Standards - Metal and Flexible, or another approved duct construction standard, and unless prohibited by structural conditions shall be graded in the direction of the supply outlet. Factory-made air ducts complying with U.L. Standard No. 181 shall be limited to installation in a vertical position only. Note: Vertical shall be defined as not more than forty -five (45) degrees from the vertical. SECTION 40: That section 8 -667 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -667. Adoption by reference. There is adopted by the city that certain code known as the California Electrical Code 2010 Edition and the administrative provisions set forth herein, (hereinafter referred to in this article as the "Electrical Code ") together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless specifically adopted prior to that date, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The electrical code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the electrical code set forth in this chapter of this code that specifically amend the electrical code. Any previously enacted, unrepealed provision of this Code that amended a pre -2010 edition of the "Electrical Code" shall also be construed as amending the applicable provision of the 2010 or later edition of the electrical code. The electrical code as amended, together with all other provisions of this article, shall be known as the city electrical code. SECTION 41: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8 -815 amending California Electrical Code Section 110.5 is necessary because earthquakes are a common occurrence in the local area; that earthquakes may cause electrical connections and screws to loosen, causing arcing Ordinance No. NS -XXXX 11A-16 Page 16 of 43 problems especially in the smaller sizes of aluminum wire; and that the above amendment is necessary to address the risk of fire due to such causes. SECTION 42: That section 8 -815 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -815. Conductors (Section 110.5). Section 110.5 of the California Electrical Code is amended by adding a sentence to read as follows: All sections of this California Electrical Code allowing the use of aluminum conductors are subject to the limitation that no aluminum conductor smaller than No. 4 AWG shall be used. SECTION 43: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8 -942 amending California Electrical Code Section 334.12 is necessary because earthquakes are a common occurrence in the local area; that, unlike wire installed in conduit or raceways, non - metallic sheathed cable does not provide the degree of protection that is needed in the event of an earthquake; that exposed non - metallic sheathed cable is particularly hazardous; and that this amendment is necessary to assure that adequate protection is provided in the workplace and in other places of public gathering. SECTION 44: That section 8 -942 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -942. Uses not permitted (Section 334.12). Section 334 -12 334.12 of the California Electrical Code is amended to read as follows: Sec. 334.12. Uses Not Permitted. (A) Types NM, NMC and NMS. Types NM, NMC and NMS cables shall not be permitted as follows: 1. In any multifamily dwelling or other structure exceeding three floors above grade. For the purpose of this section the first floor of a building shall be that floor that has 50 percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. Ordinance No. NS -XXXX 11A-17 Page 17 of 43 Exception: An additional level shall be permitted where the renovation of attic, vehicle parking, or storage space creates a habitable floor level in an existing one - family dwelling. 2. Exposed in dropped or suspended ceilings in other than one - and two- family and multifamily dwellings 3. As service- entrance cable 4. In any nonresidential building or structure 5. In hoistways 6. Embedded in poured cement, concrete, or aggregate 7. In storage battery rooms 8. In hazardous (classified) locations (B) Types NM and NMS. Types NM and NMS cables shall not be installed in the following: 1. Where exposed to corrosive fumes or vapors 2. Where embedded in masonry, concrete, adobe, fill, or plaster 3. In a shallow chase in masonry, concrete, or adobe and covered with plaster, adobe, or similar finish 4. In wet or damp locations SECTION 45: That section 8 -2000 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: ARTICLE XI. PROPERTY MAINTENANCE CODE Sec. 8 -2000. Adoption by reference. There is adopted by the city that certain code known as the 2009 International Property Maintenance Code (hereinafter referred to as the "Property Maintenance Code "), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on each new official publication date of the International Property Maintenance Code, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The said Code is adopted and incorporated as Ordinance No. NS -XXXX 11A-18 Page 18 of 43 fully as if set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the property maintenance code set forth in this chapter of this Code that specifically amends the property maintenance code. Any previously enacted, unrepealed provision of this Code that amended a pre -2009 edition of the "Property Maintenance Code" shall also be construed as amending the applicable provision of the 2009 or later edition of the property maintenance code. The property maintenance code, as thus amended, together with all other provisions of this article, shall be known as the city property maintenance code. (a) Section 302.8 of the Property Maintenance Code is amended to read as follows: 302.8 Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, unless within an enclosed structure, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Occupancy of any motor vehicle for the purpose of living, sleeping, eating or cooking shall only occur within an approved trailer park. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. When auto repairs or maintenance occur on a property used for residential occupancy, only vehicles registered to the premises may undergo such repairs or maintenance. (b) Section 304.3 of the Property Maintenance Code is amended to read as follows: [F] 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Numbers shall be a minimum of 4 inches (102 mm). (c) Section 304.14 of the Property Maintenance Code is amended to read as follows: 304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used Ordinance No. NS -XXXX 11A-19 Page 19 of 43 for insect control shall have a self - closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. (d) Section 305.1.1 of the Property Maintenance Code is amended to read as follows: 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the California Building Code: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or loads effects; 3. Structures or components thereof that have reached their limit state; 4. Structural members are incapable of supporting nominal loads and load effects; 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code official. (e) Section 505.1 of the Property Maintenance Code is amended to read as follows: Ordinance No. NS -XXXX 11 A -20 Page 20 of 43 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code. (f) Section 602 of the International Property Maintenance Code is amended to read as follows: 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68 °F (20 °C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the California Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exception: In areas where the average monthly temperature is above 30 °F (-1'C), a minimum temperature of 65 °F (18 °C) shall be maintained. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68 OF (20 °C) in all habitable rooms, bathrooms, and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the California Plumbing Code. 2. In areas where the average monthly temperature is above 30 °F ( -1 °C) a minimum temperature of 65 °F (18 °C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 65 OF (18 °C) during the period the spaces are occupied. Ordinance No. NS -XXXX 11 A -21 Page 21 of 43 (g) Section 604.1 of the Property Maintenance Code is amended to read as follows: 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605 of this Code. Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units shall be served by a three - wire, 120/240 volt, single -phase electrical service having a rating of not less than 60 amperes. SECTION 46: That section 8 -2500 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -2500. Adoption by reference. There is adopted by the city that certain code known as the Solar Energy Code, 2009 Edition, (hereinafter referred to in this article as the "Uniform Solar Energy Code" or "Solar Energy Code ") save and except that portion entitled "Part I, Administrative," together with subsequent supplements, amendments, or editions, which upon the date of official publication, shall become effective, adopted, and incorporated by reference into this Code, unless otherwise specified, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The solar energy code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the International Association of Plumbing and Mechanical Officials Uniform Solar Energy Code set forth in this chapter of this Code that specifically amend the International Association of Plumbing and Mechanical Officials Uniform Solar Energy Code. Any previously enacted, unrepealed provision of this Code that amended a pre -2009 edition of the "Solar Energy Code" shall also be construed as amending the applicable provision of the 2009 or later edition of the solar energy code. The solar energy code as amended, together with all other provisions of this article, shall be known as the city solar energy code. SECTION 47: That section 8 -2600 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -2600. Adoption by reference. There is adopted by the city that certain code known as the Uniform Swimming Pool, Spa and Hot Tub Code, 2009 edition, save and except that portion entitled "Part I, Administrative" (hereinafter referred to in this article as the "Uniform Swimming Pool, Ordinance No. NS -XXXX 11 A -22 Page 22 of 43 Spa and Hot Tub Code "), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The uniform swimming pool, spa and hot tub code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the uniform swimming pool, spa and hot tub code set forth in this chapter of this Code that specifically amend the uniform swimming pool, spa and hot tub code. Any previously enacted, unrepealed provision of this Code that amended a pre -2009 edition of the uniform swimming pool, spa and hot tub code shall also be construed as amending the applicable provision of the 2009 or later edition of the uniform swimming pool, spa and hot tub code. The uniform swimming pool, spa and hot tub code, as amended, together with all other provisions of this article, shall be known as the city swimming pool, spa and hot tub code. SECTION 48: That section 8 -2800 is added to Chapter 8 of the Santa Ana Municipal code to read in full as follows: ARTICLE XV. RESIDENTIAL CODE DIVISION 1. GENERALLY Sec. 8 -2800. Adoption by reference. There is adopted by the city that certain code known as the California Residential Code, 2010 Edition, based on the 2009 International Residential Code as published by the International Code Council, (hereinafter referred to in this article as the "Residential Code" or "California Residential Code "), (together with subsequent supplements or amendments shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Residential code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Residential code set forth in this chapter that specifically amends the Residential Code. The Residential code, as thus amended, together with all other provisions of this article, shall be known as the city Residential code. Appendices which are adopted pursuant to this section, are as follows: Appendix H, Patio Covers Appendix J, Existing Buildings and Structures SECTION 49: That section 8 -2600 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Ordinance No. NS -XXXX 11 A-23 Page 23 of 43 DIVISION 2. AMENDMENTS. Sec. 8 -2810. Climatic and Geographic Design Criteria (Table R301.2(1)). Table R301.2(1) is revised to read: TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUND WIND DESIGN SEISMIC SUBJECT TO DAMAGE FROM WINTER ICE BARRIER AIR MEAN Speed Frost SNOW ° Topographic DESIGN line DESIGN UNDERLAYMENT FLOOD FREEZING ANNUAL LOAD (mph) effects" CATEGORY' eatherin ' Depth b Termite' TEMP* REQUIRED" HAZARDS° INDEX' TEMP) Very See Zero 85 No D2 or E Negligible 12 -24" Heavy 43 No Exhibit B 0 60 For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m /s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., negligible, moderate or severe) for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. C. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2( 4)].Wind exposure category shall be determined on a site - specific basis in accordance with Section R301.2.1.4. e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard Ordinance No. NSAXXX 11 A-24 Page 24 of 43 areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 100 -year return period air freezing index (BF -days) from Figure R403.3(2) or from the 100 -year (99 %) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 320)" at www.ncdc.noaa.gov/fpsf.htrnl. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index -USA Method (Base 32 °F)" at www.ncdc.noaa.gov/fpsf.html. k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed -up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. SECTION 50: That section 8 -2811 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8 -2811. Masonry stem walls (Section R403.1.3). Section R403.1.3 is amended to read as follows: In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted. Exception: In detached one- and two- family dwellings which are three stories or less in height and constructed with stud bearing walls, plain concrete footings without longitudinal reinforcement supporting walls and isolated plain concrete footings supporting columns or pedestals are permitted. SECTION 51: That section 8 -2900 is added to Chapter 8 of the Santa Ana Municipal code to read in full as follows: Ordinance No. NS -XXXX 11 A -25 Page 25 of 43 ARTICLE XV. GREEN BUILDING STANDARDS CODE Sec. 8 -2900. Adoption by reference. There is adopted by the city that certain code known as the California Green Building Standards Code, 2010 Edition, as published by the International Code Council, (hereinafter referred to in this article as the "California Green Building Standards Code "), (effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Green Building Standards code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city. The California Green Building Standards code, as thus amended, together with all other provisions of this article, shall be known as the city Green Building Standards code. SECTION 52: That section 14 -1 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -1. Adoption of the International Fire Code, 2009 Edition, and the California Fire Code, 2010 Edition. There is hereby adopted by the city that certain code known as the "International Fire Code, 2009 Edition and the California Fire Code 2010 Edition," and the whole thereof including the Appendices therein, errata issued during and after the publishing date, save and except such portions as are hereinafter deleted or amended, of which code not less than one (1) copy has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The said code is adopted and incorporated as fully as if set forth at length herein and, subject to all amendments set forth in this article, shall be in effect within the city from the effective date of this article. Any provision of this article amending the above mentioned codes shall be construed as amending the 2009 and 2010 editions thereof including such provisions enacted prior to this adoption of the said 2009 and 2010 editions and not thereafter repealed. The said International Fire Code, 2009 edition and the California Fire Code 2010 edition, as thus amended, together with all other provisions of this article, shall be known as the "Fire Code of the City of Santa Ana." SECTION 53: That section 14 -10 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -10. Historical property. Ordinance No. NS -XXXX 11 A -26 Page 26 of 43 (a) This section applies only to buildings, or portions thereof, which have been designated as historical property pursuant to section 30 -1 of the Santa Ana Municipal Code, and which would require either the installation of an automatic sprinkler system, or the installation of one (1) or more fire hydrants with appurtenant water supply, or both, in order to comply with the California Fire Code as amended by this article, by reason of the additions, alterations or repairs or changes of occupancy proposed for such building. (b) An automatic sprinkler system shall be installed in any portion of such building which is to be used as a place of public assemblage or a Group H occupancy, as defined in the building code of the City of Santa Ana. (c) Subject to the overriding requirement of paragraph (b) of this subsection, changes to buildings within the scope of this section shall be subject to approval on the following standard: Installations of automatic sprinkler systems or fire hydrants shall be required only to the extent necessary to avoid an increase in the risk of fire occurring, the danger to life in the event of fire, or the difficulty of fire suppression or to avoid a prolongation of any especially hazardous situation. The need of such installations or alternative fire protection requirements shall be evaluated in view of any modifications in building safety standards due to application of the state historical buildings code, and the fire marshal shall coordinate his review with that of the building official in this regard. The fire marshal may impose alternative fire protection requirements on building changes within the scope of this section as appropriate to maintain this standard and shall waive any requirement of this section which is inconsistent therewith. (d) The fire marshal shall give priority to building changes within the scope of this section which are submitted for his review by the community redevelopment agency. SECTION 54: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of Section 14 -21 amending California Fire Code section 202, Definition #2 is necessary due to the climatic and geographic conditions of high winds and low humidity. This combination of events creates an environment that is conducive to rapidly spreading fire. Control of such fire requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene. Also the City is located in the middle of the seismically active area identified as Seismic Zone 4. The viability of the public water system would be questionable after a large earthquake leaving tall buildings vulnerable to uncontrolled fires and the inability to pump sufficient quantities of water to upper floors. SECTION 55: That section 14 -21 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -21. Definitions (Section 202). Ordinance No. NS -XXXX 11 A-27 Page 27 of 43 Section 202 of the California Fire Code is adopted in its entirety, except for the following amendment revising the definition of High -Rise and adding a definition for Planned Unit Development building as follows: HIGH -RISE BUILDING. As used in this Code: 1. "Existing high -rise structure" means a high -rise structure, the construction of which is commenced or completed prior to July 1, 1974. 2. "High -rise structure" means every building of any type of construction or occupancy having floors used for human occupancy located more than 55 feet above the lowest floor level having building access (see California Building Code, Section 403.1.2), except buildings used as hospitals as defined in Health and Safety Code Section 1250. 3. "New high -rise structure" means a high -rise structure, the construction of which is commenced on or after July 1, 1974. PLANNED UNIT DEVELOPMENT (PUD) or PLANNED RESIDENTIAL UNIT DEVELOPMENT. As used in this Code, is a private residential subdivision or partition of land resulting in three or more dwelling units; as approved and recorded in accordance with local planning and zoning regulations. SECTION 56: That section 14 -23 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -23. Accidental alarms (Section 401). Section 401.9 is added to the California Fire Code, to read as follows: 401.9 Accidental Alarms (a) As used herein, the following terms shall have the following meanings: "Accidental alarm" means an alarm, message, signal, or notice received by the fire department as a result of the failure of a fire alarm system to function properly. "Manually activated alarm system" means a nonresidential alarm system which is activated while the business is open and /or occupied and activated by the deliberate acts of an employee, or a residential alarm system designed to be activated by a tenant from within a residential unit. It does not include manual pull stations activated from areas accessible to the public. Ordinance No. NS -XXXX 11 A -28 Page 28 of 43 "Automatic alarm system" means an alarm system other than a manually activated alarm system. It does not include manual pull stations activated from areas accessible to the public. (b) When accidental alarms are received by the fire department, the fire chief is authorized to demand that the user of the responsible fire alarm system correct, replace, or disconnect such system. (c) Except as otherwise provided in subsection (d) of this section, any person having an alarm system which results in a fire department response in which the alarm proves to be an accidental alarm shall pay a penalty assessment fee to the city as follows: (1) Accidental alarms received by the city fire department from automatic alarm systems which are in excess of the maximum allowable number, as set forth in paragraph (3) of this subsection, shall result in an automatic alarm penalty assessment in such amount as shall be set by resolution of the city council. (2) Alarms from manually activated alarm systems which are in excess of the maximum allowable number of false alarms, as set forth in paragraph (3) of this subsection, shall result in a manually activated alarm penalty assessment in such amount as shall be set by resolution of the city council. (3) Penalty assessments shall be made for accidental alarms which number more than one (1) in any thirty -day period; or more than two (2) within any ninety -day period; or more than three (3) within any one -year period. (d) Commencing with the date of a new alarm installation and continuing until the date six (6) months thereafter, or until there have been three (3) accidental alarms from such new alarm installation, whichever first occurs, subsection (c) of this section shall not apply to accidental alarms from such new alarm installation. (e) The fire chief reserves the right to discontinue response by fire department personnel to any location of a silent or audible alarm when: (1) The alarm user has been given written notice and assessed six (6) penalty assessments within a one -year period; or (2) The alarm user has failed to pay any such penalty assessment. Ordinance No. NS -XXXX 11 A-29 Page 29 of 43 Reinstatement may occur when the alarm user has taken steps to eliminate or correct the problem(s) and has documented the corrective action in writing to the fire chief. SECTION 57: That section 14 -25 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -25. Access roadways for apparatus (Section 503). (a) Subsection 503.1.1 of the California Fire Code is amended to read as follows: (a) Required construction. Every building or portions of buildings hereafter constructed shall have fire apparatus access roadways. Such access roadways shall provide two (2) separate but interconnected means of ingress and egress. Access shall be at least twenty (20) feet in clear width. A forty -foot outside and twenty -foot inside radius shall be provided wherever they make a turn. The total width shall be continuously paved to accommodate sixty thousand (60,000) pounds and shall not exceed the angle of departure (eight (8) degrees or fourteen (14) percent) for fire apparatus on any slope. Access roadways shall have a vertical clearance of not less than thirteen (13) feet six (6) inches above the finished driveway surface. EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. 2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 901.4.3. 3. When there are not more than two (2) Group R, Division 3 or Group U Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, firefighting or rescue operations would not be impaired. 4. When access roadways cannot be installed in accordance to the ordinance due to in fill projects, and land or parcel constraints, the Chief may require enhanced fire protection by method of construction, compartmentalization and or fire separation construction. Ordinance No. NS -XXXX 11 A -30 Page 30 of 43 (b) Extent. The access roadway shall be extended to within one hundred fifty (150) feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be provided as required and approved by the fire marshal. (c) Fire protection alternate. Where fire protection systems approved by the fire marshal are provided, the above required clearance may be modified. (d) Oversizing. The fire marshal shall have the authority to require an increase in the minimum access width where such width is not adequate for fire or rescue operations. (b) Subsection 503.7 is added to the California Fire Code to read as follows: 503.7 Planned Unit Development Access. (a) Road widths. Access roadways or streets in a PUD shall comply with the provisions of Santa Ana Municipal Code Sections 14 -24 and 14- 25 as well as the road widths as follows: 28 feet wide when parking is not allowed on either side of the roadway. 32 feet wide when parking is not allowed on only one side of the roadway and, 36 feet wide when parking is not restricted. (b) Dead Ends. Dead end fire department access roads shall be in accordance with Santa Ana Municipal Code Section 14 -25. (c) Cul -de -sacs. Cul -de -sacs shall be maintained clear and unobstructed as required by Santa Ana Municipal Code Section 14 -25. (c) Subsections 503.2, 503.2.1, 503.2.2, 503.2.3, 503.2.4 of the California Fire Code are deleted. (d) Subsection 503.4 of the California Fire Code is amended to read as follows: 503.4 Obstruction of emergency access lanes. (a) Obstructing emergency access lane. Ordinance No. NS -XXXX 11 A -31 Page 31 of 43 (1) The required width of any fire apparatus access road shall not be obstructed in any manner. Minimum required widths and clearances established under this section shall be maintained at all times. (2) No person shall cause or permit any vehicle, including, but not limited to, automobile, motorcycle, truck, bicycle or any other vehicle in his control or ownership, to be stopped in an area designated for emergency vehicles. (3) This section applies to all non - emergency vehicles whatsoever, attended or unattended, stopped for any length of time except when necessary to avoid conflict with other traffic or in compliance with directions of a police officer or fireman. (4) Any vehicle found in violation of this section may be towed at the owner's or operator's expense at the request of any Santa Ana police officer, parking control officer, California Highway Patrol officer, Orange County deputy sheriff or any fire department personnel described in section 1 -18 of this Code. (b) Infraction violations. Any violation of this subsection 503.4 shall be deemed an infraction. SECTION 58: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of Section 14 -27 amending California Fire Code section 507 is necessary due to climatic conditions of high winds and low humidity. Combined with high density city population conditions may be conducive to rapidly spreading fires. These climatic conditions and winds contribute to the rapid spread of even small fires originating in high density housing therefore creating a need for increases fire protection. This amendment defines fire flow, fire sprinkler and fire hydrant placement requirements. SECTION 59: That section 14 -27 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -27. Fire flow requirements (Section 507). (a) Subsection 507.1 of the California Fire Code is amended to read as follows: 507.1. Required water supply for fire protection. No building shall hereafter be constructed which would require a fire flow of more than five thousand five hundred (5,500) gallons per minute. No existing building shall be added to, altered, or changed in the character of Ordinance No. NS -XXXX 11 A-32 Page 32 of 43 its occupancy so as to increase its required fire flow above five thousand five hundred (5,500) gallons per minute. No existing building which currently requires a fire flow of more than five thousand five hundred (5,500) gallons per minute shall be added to, altered, or changed in the character of its occupancy if such addition, alteration or change would increase the fire flow required for such building. No building shall hereafter be constructed, and no additions, alterations, or repairs shall be made to an existing building within any twelve -month period which exceed twenty -five (25) percent of its value, and no existing building shall be changed in the character of its occupancy so as to increase the fire flow required for such building, unless fire hydrants and appurtenant water supply capable of delivering the fire flow that will be required for such building, with a residual pressure measured at the hydrant outlet of not less than twenty (20) pounds per square inch during times of average daily consumption, are located in accordance with the following distance limitations: 1. In any case where this requirement applies solely by reason of additions, alterations, or repairs to an existing building; and in the case of new construction of a building designed for Group R, Division 3 occupancy, as defined in the building code of the City of Santa Ana, or building or structure accessory thereto: the required hydrant or hydrants must be located within five hundred (500) feet of all portions of the exterior walls of the building or be protected. Such required hydrant or hydrants may be located either on a public street or on the site of the premises to be protected. 2. In all other cases: the required hydrant or hydrants shall be located on the site of the premises to be protected, except that any required hydrant may be located on a public street if such location is within one hundred fifty (150) feet of all portions of the exterior walls of the building to be protected. Where more than one (1) fire hydrant is located on the site of the premises to be protected, or where a combination of hydrants located on such site and a public street are used to meet the distance requirements, the required fire flow in gallons per minute may be divided between such hydrants provided: 1. That the combination of hydrants will deliver the required flow, and 2. That no single hydrant has a flow of less than one thousand five hundred (1,500) gallons per minute with a residual pressure Ordinance No. NS -XXXX 11 A -33 Page 33 of 43 measured at the hydrant outlet of not less than twenty (20) pounds per square inch during times of average daily consumption. Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains, or other fixed system capable of supplying the required fire flow, subject to the approval of the fire marshal. The precise location, number and type of fire hydrants connected to a water supply to be provided in accordance with this subsection shall be subject to the approval of the fire marshal. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 503. No use of an existing building, or any portion thereof, for either a place of assemblage or a Group H occupancy, as defined in subsections 903.2.1 and 903.2.5, shall be initiated or expanded unless the building as a whole will comply with the requirements of this subsection 507.1 such as would apply to the new construction of such building for the same uses. For purposes of this section, an existing building or structure shall be deemed to have a value equal to the current cost of construction of a building or structure of the same size and type of construction. In determining such value, the fire marshal shall be guided by the most recent building valuation data published by the International Conference of Building Officials. In determining the fire flow requirements for any building, structure, or fire area, the fire marshal shall proceed in accordance with the standards set forth in that certain "Santa Ana Fire Department Guide for Determination of Fire Flows," of which not less than one (1) copy is on file in the office of the clerk of the council of the City of Santa Ana. (b) Subsection 507.3 of the California Fire Code is amended to read as follows: 507.3. Fire Flow Methods. An automatic sprinkler system must be installed in buildings hereafter constructed, or when additions, alterations, or repairs are such as to require the building to comply with all the requirements of the building code of the City of Santa Ana for new buildings, in either of the following circumstances: • The building would require a fire flow of more than two thousand five hundred (2,500) gallons per minute if such system were not installed; Ordinance No. NS -XXXX 11 A-34 Page 34 of 43 • The building exceeds two stories in height. EXCEPTIONS: 1. Group R occupancies as defined in California Fire Code Section 903.2.8. 2. Open free standing parking structures, whether or not such structures exceed two (2) stories in height, constructed of noncombustible materials above grade, and meeting all of the provisions of the building code of the City of Santa Ana and National Fire Protection Association Standard 88A, need not be provided with automatic fire sprinkler unless such sprinklers would be required due to the area and height limitations of the building code of the City of Santa Ana or the estimated fire flow exceeds five thousand five hundred (5,500) gallons per minute. Where a conflict exists between the building code of the City of Santa Ana and National Fire Protection Association Standard 88A, the more restrictive requirement shall apply. (c) Subsections 507.5 and 507.5.1 of the California Fire Code are deleted. (d) Subsection 507.5.2 of the California Fire Code is amended to read as follows: 507.5.2 Private Hydrant Testing. Private hydrant systems shall be inspected and serviced annually, and the owner shall correct any deficiencies immediately. Hydrants shall be flushed, valves operated and caskets and caps inspected. Hydrant paint shall be maintained in good conditions. SECTION 60: That section 14 -28 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -28. Parade floats (Section 315.5). Section 315.5 is added to the California Fire Code to read as follows: Section 315.5 Parade Floats. Section 315.5.1 Decorative Materials. Decorative materials on parade floats shall be non - combustible or flame retardant. Ordinance No. NS -XXXX 11 A -35 Page 35 of 43 Section 315.5.2 Fire Protection. Motorized parade floats and towing apparatus shall be provided with a minimum 2A10BC rated portable extinguisher readily accessible to the operator. SECTION 61: That section 14 -29 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -29. Emergency and Standby Power Systems (Section 604). Subsection 604.2.14 of the CFC is amended as follows: High -rise buildings and Group 1 -2 occupancies having occupied floors located more than 55 feet above the lowest level of fire department vehicle access. Standby power, lights and emergency systems in high -rise buildings and Group 1 -2 occupancies having occupied floors located more than 55 feet above the lowest level of fire department access shall comply with the requirements of Sections 604.2.14.1 through 604.2.14.3. SECTION 62: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of Section 14 -30 amending the California Fire Code section 903 is necessary due to artificially created topographic conditions. The City is 27 square miles with a population in excess of 350,000 with extensive traffic congestion. Depending on time of day and climatic conditions response times may be impacted. Therefore those occupancies that have the potential to large loss of life (Type "A ") and those that have the highest potential for conflagration (Type "H ") make it necessary to provide automatic on -site fire extinguishing systems in order to protect occupants and property. SECTION 63: That section 14 -30 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -30. Installation of automatic sprinkler systems (Section 903). (a) Subsection 903.2.1 of the California Fire Code is amended as follows: 903.2.1 Places of Public Assemblage An automatic sprinkler system must be installed in any portion of a building whether newly constructed or preexisting, in or into which the following use is initiated or expanded. A place of public assemblage which provides for the gathering together of one hundred (100) or more persons, for such purposes of deliberation, education, instruction, worship activities, entertainment, amusement, or the awaiting of transportation, or in a dining or drinking establishment. The nearest level of exit discharge, regardless of occupancy classification must be provided with automatic sprinklers. (b) Subsection 903.2.5.1 of the California Fire Code is amended as follows: Ordinance No. NS -XXXX 11 A -36 Page 36 of 43 903.2.5.1 Group H Occupancies. An automatic sprinkler system must be installed in any portion of a building, whether newly constructed or preexisting, in or into all H occupancies as defined by the City of Santa Ana building code. (c) Subsections 903.2.4, 903.2.6, 903.2.7, 903.2.8, 903.2.9.1, 903.2.9.2, 903.2.10 and 903.2.9 of the California Fire Code are subject to sprinkler requirements stated in City of Santa Ana Municipal code section 14 -30 subsection 507.3 or the California Fire Code; whichever is more restrictive. (d) Subsection 903.3.7 of the California Fire Code is amended as follows: 903.3.7 Fire department connections. All sprinkler systems shall have the Fire Department pumper connection located at the property line, on the address side of the building as close as practical to the public hydrant. (e) Subsections 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5 of the California Fire Code are deleted. SECTION 64: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of Section 14 -31 amending California Fire Code section 907 sections 907.2.13 and 907.7.3.2 is necessary due to the climatic and geographic conditions of high winds and low humidity. This combination of events creates an environment that is conducive to rapidly spreading fire. Control of such fire requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene. Also the City is located in the middle of the seismically active area identified as Seismic Zone 4. The viability of the public water system would be questionable after a large earthquake leaving tall buildings vulnerable to uncontrolled fires and the inability to pump sufficient quantities of water to upper floors. SECTION 65: That section 14 -31 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -31. High rise amendments (Section 907). (a) Subsection 907.2.13 of the California Fire Code is amended as follows: 907.2.13 High -rise buildings and Group 1 -2 occupancies. Ordinance No. NS -XXXX 11 A-37 Page 37 of 43 Buildings with a floor used for human occupancy located more than 55 feet above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice /alarm communication system in accordance with 907.6.2.2. Exceptions: 1. Airport traffic control towers in accordance with Section 907.2.22 and Section 412 of the California Building Code. 2. Open parking garages in accordance with Section 406.3 of the California Building Code. 3. Low - hazard special occupancies in accordance with Section 503.1.1 of the California Building Code. (b) Subsection 907.7.3.2 of the California Fire Code is amended as follows: 907.7.3.2 High -rise buildings and Group 1 -2 occupancies. In buildings with a floor used for human occupancy that is located more than 55 feet above the lowest level of fire department vehicle access, a separate zone by floor shall be provided for all of the following types of alarm- initiating devices where provided: 1. Smoke detectors. 2. Sprinkler water -flow devices. 3. Manual fire alarm boxes. 4. Other approved types of automatic fire detection or suppression systems. SECTION 66: That section 14-49 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -49. Deletions from the California Fire Code. The following parts of the California Fire Code are hereby deleted: Appendix A - Board of Appeals Appendix B - Fire Flow Requirements for Buildings Appendix C - Fire Hydrant Locations and Distribution Ordinance No. NS -XXXX 11 A -38 Page 38 of 43 Appendix D - Fire Apparatus Access Roads Chapter 4 in its entirety Exceptions: Sections 401, 402, 403 and 407 as adopted by SFM. SECTION 67: That section 14 -55 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -55. Sale of safe and sane fireworks; hours of sale. No person shall display, sell, or engage in the business of selling safe and sane fireworks without first having obtained a permit to do so as hereinafter provided. No person shall sell any type of fireworks at any time except from 12:00 noon through 10:00 p.m. on July 1st; from 10:00 a.m. through 10:00 p.m. on July 2nd and 3rd; and from 10:00 a.m. through 8:00 p.m. on July 4th of any year. SECTION 68: That section 14 -56 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -56. Permits, issuance. (a) Permits for the sale of safe and sane fireworks shall be issued only to bona fide nonprofit organizations as recognized by the State of California organized for charitable, fraternal, patriotic service or religious purposes with their principal and permanent meeting place within the City of Santa Ana, and at least fifty (50) per cent of the members residing within the city limits. (b) Permits for the sale of safe and sane fireworks shall limit each sponsoring organization to a single location in any given year. (c) Such permits shall expire on July 4th at 8:00 p.m. of the year of issuance. SECTION 69: That section 14 -57 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -57. Application for permit. The number of fireworks booths allowed to operate in the City of Santa Ana will be limited to a maximum of 85 booths. Organizations that received a permit to operate a firework booth in the previous year will have their operational permit automatically renewed as long as the organization still meets the requirements listed in section 14 -56, and have not had any violations of these regulations during the past operational season. If the number of returning organizations is less than 85 the open fireworks booth operation positions shall be filled by lottery during the following year fireworks season. Ordinance No. NS -XXXX 11 A -39 Page 39 of 43 Lottery applications for a permit to operate a fireworks booth in the City of Santa Ana must be received at Santa Ana Fire headquarters no later than 5:00 pm on April 15th of the year the permit is to be issued. Lottery applications must be complete and all supporting documents included with the application. Lottery applications need not have the booth location, State Fire Marshal permit, or insurance documents submitted until after the lottery is drawn. If the Fire Chief determines that a lottery is to be run the lottery will be drawn on the first working day after April 20th. Returning organization applications and the remaining documentation for selected lottery groups must be received at Santa Ana Fire headquarters no later than 5:00 pm on May 1st of the year the permit is to be issued. All fireworks booth permit applications submitted with insufficient information or missing documentation must be corrected before May 31st of the same year, or the first working day after May 31st if May 31st lands on a weekend. SECTION 70: That section 14 -58 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -58. Fee. The fee for such permit shall be established by resolution of the city council. SECTION 71: That section 14 -61 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -61. Clean premises deposit. (a) Prior to erecting any such stand, the permittee shall deposit an amount to be set by resolution of the city council, or post a bond in such amount, with the City of Santa Ana to assure the city that the permittee will remove the stand, equipment, materials, and all rubbish from the premises upon which the stand is located, to the satisfaction of the fire chief, before midnight, July 11th, of the year for which such permit is granted. (b) If the stand, equipment, materials, and rubbish are removed within the said period of time to the satisfaction of the fire chief, its City or its agents or employees, the said cash or bond shall be returned to the permittee. (c) If the premises are not put in proper order, as determined by the fire chief, the city or its agents or employees may enter upon the property to do everything necessary to clear the premises, and said cash or bond shall be forfeited as liquidated damages for breach of condition subsequent to the permit. As a condition to the Ordinance No. NS -XXXX 11 A -40 Page 40 of 43 permittee's acceptance of the permit, it is expressly agreed that the city or its agents shall have authority to enter upon the premises to carry out the provisions of this section. SECTION 72: That section 14 -70 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -70. Electric circuits. Electrical circuits, wiring, devices and lighting are prohibited in temporary stands unless such installation has been made under a valid electrical permit obtained at the city's department of planning and building. No permit shall be required for battery- operated portable lighting devices. SECTION 73: That section 14 -72 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -72. Trash removal. All trash shall be removed from the premises and the fireworks stand each evening at the close of business and at regular intervals during hours of operation. SECTION 74: That section 14 -74 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -74. Fireworks; public display. Notwithstanding any other provisions of this article, the fire chief at his discretion may grant permits for public displays of fireworks under his supervision. Applications for such public display permits shall be filed with the fire chief not less than fifteen (15) days before the public display and shall be accompanied by a detailed statement of the pyrotechnic devices to be used in display. If such permit is granted, no pyrotechnic devices shall be discharged except as listed in the statement and the fire chief may, in granting such permit, eliminate from said statement of pyrotechnic devices, any items as he deems hazardous or an unacceptable risk to public safety. Such public display shall be under the supervision of the fire chief or such persons as he shall designate. The fee for the public pyrotechnic display permit shall be established by resolution of the city council. Such display shall be held at the place and time as designated in the permit. The application for such permit shall comply with the provisions of Title 19 California Code of Regulations, Chapter 6; Fireworks. The denial of an application may be appealed to the uniform code appeals board. SECTION 75: That section 14 -76 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -76. Exceptions. Ordinance No. NS -XXXX 11 A -41 Page 41 of 43 Nothing in this article shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or the sale or use of blank cartridges for a show or theater performance, or for signal purposes in athletics or sports, or for use by military organizations. SECTION 76: That section 14 -78 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14 -78. Prohibited areas. No persons shall sell, store, display, or discharge any fireworks of any type in any public oil or gasoline station, or on any premises where gasoline or other inflammable liquids are stored or dispensed. No person shall sell, store, display, or discharge any fireworks of any type in any permanent structure, nor within forty (40) feet of the same, except that any purchaser may discharge fireworks in conformance with these regulations in front of his own residence. SECTION 77: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 78: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation or ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations there under appertaining shall continue in full force and effect. ADOPTED this day of , 2010 Miguel A. Pulido Mayor Ordinance No. NS -XXXX 11 A-42 Page 42 of 43 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Ryan O. Hodge Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS -XXXX 11 A -43 Page 43 of 43 11 A -44 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS X� I CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006 -045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 513 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C -1 19C -2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: November 3, 2010 Re: REQUEST FOR DESTRUCTION OF RECORDS P0V -4 PM I: 35 CIT`r ANA The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. 19C -3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2010 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence November 1, 2008 and prior Correspondence/ November 1, Chronological Files Councilmember Self- explanatory 2008 and prior Council Requests Mayor Inquiries processed for Mayor November 1. 2008 and prior Wards 1 through 6 Inquiries processed for Councilmembers November 1. 2008 and prior Correspondence General Correspondence Self- explanatory November 1, 2008 and prior Staff Inquiries processed for Staff November 1, 2008 and prior Monthly Status City Manager Self- explanatory November 1, Reports 2008 and prior Payroll Records Council /Staff Self- explanatory November 1. 2008 and prior November 1, Travel Folders Council /Staff Self- explanatory 2008 and prior APPROVE David N. Ream Date City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds 19C -4 CONSENT: Joseph W. Fletcher.-. ' Date City Attorney AUDITED BY: Mark Lawrence Date Assistant to the City Manager MEMORANDUM To: Joseph Straka, Assistant City Attorney City Attorney's Office From: Kathie S. Gonzalez, Executive Director Personnel Services Department, M24 Date: October 7, 2010 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy city records on the attached list, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. 19C -5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment EE Separated Oct FORMS forms ** 2005 and prior (OFFICIAL) Flexible Enrollment forms for flexible spending EE Separated Oct Spending, program ** 2005 and prior Section 125 Life Insurance Employee life insurance enrollment forms ** EE Separated Oct 2005 and prior Long -Term Employee Long -Term Disability Insurance EE Separated Oct Disability enrollment forms ** 2005 and prior Insurance Medical Employee medical insurance enrollment EE Separated Oct Insurance forms" 2005 and prior EQUAL Employment and Personnel and employment records, EE Separated Oct EMPLOYMENT personnel including application forms *, records 2005 and prior OPPORTUNITY records pertaining to promotions * *, layoffs * *, COMMISSION terminations * *, salaries ** and training* (EEOC) Involuntary Personnel records of terminated employee ** EE Separated Oct termination 2005 and prior OFFICIAL Certification/ Request for Certification and /or EE Separated Oct PERSONNEL Reassignment reassignment forms which document and 2005 and prior FILES Forms authorize hiring, reassignment, or other employee actions. ** Certificates of Certificates issued to EE which show EE Separated Oct Training completion date of training class(es).* 2005 and prior Commendation Letters of commendation and /or other EE Separated Oct Letters congratulatory documents received by and /or 2005 and prior issued to EE.* Disciplinary Memorandums, letters, or other records of EE Separated Oct Actions proposed and /or implemented disciplinary 2005 and prior action(s). ** Doctor's Notes/ Notes /medical release forms, etc., submitted EE Separated Oct Medical regarding employee's medical condition. ** 2005 and prior Releases Drug Screen Pre - placement and drug screening EE Separated Oct Test authorization and acknowledgement form(s) 2005 and prior and results of drug screening." 19C -6 F- PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class EE Separated Oct PERSONNEL Medical Leave title, pay rate, hours worked per pay period; 2005 and prior FILES (FML) additions to or deductions from wages). Dates (or hours) FML designated/ taken; FML notices given to employer by employee; documents from employer describing FML policies; records of premium payments of employee benefits; records of any disputed confidential files: records /documents relating to medical certifications. ** Job Application Applications for employment and resumes (if EE Separated Oct any) for hired employees.* 2005 and prior Medical Leave of Leave of Absence forms used in the EE Separated Oct Absences ** documentation of medical leave (including 2005 and prior pregnancy leave and Family and Medical Leave). ** Miscellaneous Documents not specifically mentioned but EE Separated Oct Documents kept in official personnel file. * ** 2005 and prior Notice of Form completed by employee and /or EE Separated Oct Separation department indicating effective date of 2005 and prior separation, last day on the job, reason for separation, etc. ** Oath of Office Form completed and signed by employee EE Separated Oct affirming allegiance to the Constitution of the 2005 and prior United States and the Constitution of the State of California.* Outside Form submitted by employee for approval for EE Separated Oct Employment employee to be engaged in outside 2005 and prior employment.* Performance Employee performance evaluation forms EE Separated Oct Evaluations completed by supervisory personnel re 2005 and prior employees' accomplishment of their assigned duties and responsibilities, etc.* PERS Forms to enroll employees in the Public EE Separated Oct Enrollment Employees' Retirement System (PERS) ** 2005 and prior Pre - Employment Forms completed by employee and medical EE Separated Oct Medical clinic to assess physical capability of 2005 and prior employee prior to hiring. ** Security Check Form completed by Personnel Svcs to EE Separated Oct Form request Police Dept to conduct security 2005 and prior check on employee prior to hiring.* Special Licenses Special licenses issued to employees from EE Separated Oct DMV, accredited schools, etc., verifying 2005 and prior employee meets certain job - related requirements.* Tuition Copies of applications for training and EE Separated Oct Reimbursement educational assistance which show EE 2005 and prior Request request, department head approval, and final disposition of request.* 19C -7 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Union Bank Form signed by employee authorizing leave EE Separated Oct PERSONNEL Donation Form hours be donated to the Union Business 2005 and prior FILES Leave Bank to be used by union leaders for Union Business.* W -4 form Employee's Withholding Allowance EE Separated Oct Certificate completed by EE authorizing 2005 and prior employer to withhold Federal income tax from employee's pay and /or for indicating exemption. ** Please see attached spreadsheet, dated October 7, 2010, listing personnel files to be purged /digitally imaged. * Will be purged ** Will be digitally imaged * ** If non - medical records, PREPARED BY: will be purged; if medical records, will be digitally imaged. Susan Wathen for Date Kathie S. Gonzalez Executive Director of Personnel Services RECORDS DESTROYED: Number of Boxes CONSENT BY: -A s. A ,_,__ Kathie S. Gonzalez Date Executive Director of Personnel Services APPROVED BY: oseph Fletcher �, Date ✓ City Attorney 19C -8 Attachment to October 7, 2010 Obsolete Records Destruction Schedule Listing To Be Purged after October 31, 2010 Name Employee umber Classification FT PT PTCS leparation Date Reason dame, Alfonso 10838 Program Leader II PT 10101105 Separated -Svcs No Longer Reqd Adams, Gary R. 00885 Police Sergeant FT 09/30/05 Service Retirement Aguilar, Robert C. 10576 Senior Administrative Intern PT 10/18/05 Separated -Svcs No Longer Reqd Ividrez, Albert D. 10466 Page PT 10/07/05 Separated -Svcs No Longer Reqd evalo, Ana 09335 Cashier PT 10/28/05 Separated -Svcs No Longer Reqd ano, Sal 10803 Senior Program Leader PT 10/20/05 Resignation astaneda, Vincent 104447 Program Leader 11 PT 09/15/05 Expiration of Appointment Contreras, Maria G. 103931 Student Intern PT 09/23/05 Separated -Svcs No Longer Reqd Covarrubias, Brenda B. 08861 Program Leader II PT 10/03/05 Separated -Svcs No Longer Reqd ovarrubias, Cindy B. 100673 Program Leader I PT 10/03/05 Separated -Svcs No Longer Reqd rutcher, Roxanne M. 00459 Secretary FT 10/31/05 Service Retirement ueva, Joevany 103347 Program Leader I PT 09/01/05 Separated -Svcs No Longer Reqd ide, Donald L. 06176 Senior Plumbing/Mechanical Systems Spec. FT 09/30/05 Service Retirement Estrada, Alex 101495 Stores Aide PT 09/28/05 Resignation ama, Rosalba 104353 Tutor PT 09/23/05 Separated -Svcs No Longer Reqd Gipson, Owen 31445 Fire Engineer PT 10/14/05 Separated -Svcs No Longer Reqd Giron, Lilian 104450 Purchasing Clerk PT 09/21/05 Separated -Svcs No Longer Reqd Hawkins, Derrick 104408 Police Recruit FT 09/23/05 Resignation Hernandez,Erick 104185 Program Leader I PT 10/13/05 Resignation Ith, Romma 06877 Tutor PT 09/21 /05 Separated -Svcs No Longer Reqd Lamb, Matthew T. 102655 Downtown Development Manager (MM) FT 10/31/05 Resignation Miller, Heather 103311 Workers' Compensation Claims Asst (UC) FT 09/02/05 Resignation Money, Andy 57824 Deputy Fire Chief FT 10115105 Industrial Disability Retirement go,Sonny D. 09095 Firefighter FT 10/16/05 Death Nichols, Christopher 104439 Senior Administrative Intern PT 09/26/05 Separated -Svcs No Longer Reqd Okazaki, Terri L. 04551 Purchasing Supervisor FT 09/23/05 Resignation livarez, Anna 06259 Fire Communications Manager (AM) FT 10110105 Resignation ulido, Karissa M. 104431 Senior Program Leader PT 10/05/05 Expiration of Appointment Ramirez, Sonia S. 10906 Program Coordinator PT 09/21/05 Separated -Svcs No Longer Reqd Robinson, Dennis M. 75174 Fleet Equipment Technician 11 FT 10/04/05 Service Retirement Rodriguez, Ismael 103882 Police Officer FT 10/29/05 Resignation osas, Jesus M. 103251 Maintenance Aide 11 PT 09/16/05 Resignation Rose, Melody M. 01248 Police Officer FT 09/30/05 Service Retirement Salazar, Arthur L. 09210 Water Maintenance Worker 11 FT 10/16/05 Death hakur, Sonal D. 103736 Administrative Intern PT 09/09/05 Separated -Svcs No Longer Reqd rinh, Marie 104266 Engineering Intern PT 10/19/05 Separated -Svcs No Longer Reqd Vargas III, Frank 103873 Detention Officer FT 09/30/05 Probationary Rejection Wallace, Jason K. 09297 Animal Keeper I PT 09/01/05 Resignation Yanez, Ruben 1103417 lClerical Aide PT 09/23/05 Separated -Svcs No Longer Reqd 19C -9 19C -10 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES RECRUITMENTS Background Materials used in the preparation/ October 2007 and Materials implementation of recruitments. ** prior Bilingual Forms certifying bilingual capabilitiesfer October 2007 and Certification ernpleyee6 FeGeiving biliRgual prior pay apAfor Forms applicants for recruitments which require bilingual capabiliity.* Ethnicity Stubs From employment applications submitted at October 2007 and recruitment time, are kept for outreach prior purposes.* Examination Examination answer sheets completed by October 2007 and Answer Sheets applicants during testing process and other prior testing materials.* Official Eligible Eligible lists signed by City Manager. Lists of October 2007 and Lists individuals placed on an eligible list card for prior hiring purposes (copies only- original signed eligible lists are with recruitment file folder (according to classification title)). ** See attached spreadsheet, dated October 7, 2010, with recruitment files to be purged /digitally imaged. * Will be purged ** Will be digitally imaged PREPARED BY: wlt� v Susan Wathen for Date Kathie S. Gonzalez Executive Director of Personnel Services RECORDS DESTROYED: Number of Boxes CONSENT BY: 11 U Kathie S. Gonzalez Date Executive Director of Personnel Services APPROVED BY: r /11—Jo eph Fletcher Date City Attorney 19C -11 19C -12 3 � 70 a) L cn L .— fn � co o — O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 LL] I� M ti 00 M r> r 00 r r N M M OD w U N N O o r O O N M O r r M M O r O N N w 00 0 0 M M M 0 0 0 0 0 M M O M O M O M cu r O o r 0 0 0 0 r r M r r O O r 0 0 0 o 0 0 Q J I Q Z Z QI \ Z ti ti ti ti ti ti ti ti r ti ti ti ti ti ti 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cC O O d' V r O LO O r V- M 0 IT 1- r r r N N r cf) M Q O r \ N \ r \ O \ r \ N \ M \ M \ N \ N \ N \ r \ N \ r \ O \ 0 \ \ \ \ \ \ (� 00 00 O t- W 1-- t- 00 O O M 00 r- r� 1` r- M 0 t-- 00 1-- O O O O O O O O O r O O O O O O O r O O o O O O O O O O O O O O O O O O O O O O O O cu ti O CA CO N M I� N M O M LO 00 �n cM C0 N 1- O C 0 Q O N \ f` `_" 00 00 N \ 00 r \ (D N \ LO r \ ti O \ r \ N \ r \ r \ N \ r \ N \ O \ r \ r \ N \ O \ N \ r \ +- O o 0 0 0 0 I- 0 00 0 00 o O r 00 0 1- 0 1-- 0 M 0 N r LO O 00 0 N 0 r- 0 r- 0 M 0 O J a) O a) a) U w U) L E C O N O C C U Q a) L _ N U I i REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2010 1, CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the seven major elements listed below: • Type of investments, • Date of maturity, • Par and dollar amounts invested in each security, • Weighted average maturity of the investments, • Market value as of the date of the report, • Source of the market value information, and • Any funds, investments or programs, including loans, under the management of contracted parties. State statutes require that a quarterly report be presented at a Council meeting; however, our office continues to provide this information monthly. The information is in compliance with State law and the City's Investment Policy. The attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of September 30, 2010. 19D -1 Quarterly Report of Investments November 15, 2010 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit 1 Treasurer's Report WO]!A CITY OF SANTA ANA TREASURER'S REPORT as of September 30, 2010 EXHIBIT 1 lt'� E o a w E c4 m E 0 m N L co 2 O (QD w O ' E _ O O •O V c a v°) M U_ Z' m " E H 16.2 o O IL O _7 to !0 > O co O) M M O � N - co O W o r o— o ° o rn °O m co t° 00 N N CO I- to I- N 1- O m N O LO b m Q) O N O n W n O O M M N O O r M O n W CO Ul �N{ O Oj O M �V I- N O O (00 r V O q O n In O O O a0 N T N O M LO W V M O M M M O co N M N N 7 n O o co n Y W O O c O LLY N O N M O M E > O OI Cl) V 10 N 0 7 O w 1 E (C N v) O N I V T 0 CD 1: o W aNi N O a- C 0 U N•C c W C C N N N N N (L N c N aNi c ? 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E O U N 3 H C U) 3 Z m d G1 VJ 7 I $D C I O O O O O p I O O O O O O O 0 O 0 rn y O p� O N O Q o A 0 O 7 c 7 LL E 01 L N (0 U U) m d F m M co Y C 10 m O C 0 A U O O O O 0 O 0 a a r E N d C 0 FO- W W U) W w O 0 N Q' W a a Z a a Z a U) d 7 N N T C to Q E O U N 3 H C d N 3 Z m d d N 3 zs O ( O O O o I O O O 0 O O 0 0 of o O O 00 O O 0 m d O pm O N N a' o c A O to c J LL DI L N f0 U Z m d H V om Y C f0 m O C t o A U U v}i O O 0 v R C d E N d C A O F 0 0 0 m _o N 0 U M U) a �. � r Q `y O Q > LL r Q � O r a d O C• O O O 0 Q O O 0 v R C d E N d C A O F 0 0 0 m _o N 0 00 0 or Or O U .- m Q N 10 N 3 l0 F I O N l O N N f- o a O o> �+ ai O a C a m C m 7 O N O co O <D ch O O O O O O O V O O v O O v O O O O O O O O o O o I o c v I v v I O O I O O OD M I 00 M co M 00 O I 00 O co O C rd O V O O U 7 ja > d N N W N N a0 N N aD O O O lc O O O O h O O O O N O O O r O �- R 3 N > N �n N LO aD N N aD O O O Lr O O o N O O O O w O O r r R d O N o r O r U) z +O+ C m r r o o o o 0 o N r 3 N N N O o O O o O p ` o °o °o J W N > m Duo LO N o° N >` M 00 N N cD ^^ v'' / W C L �CC C N�N I f. E r y C. W > CO) (n C N y f0 o m 'c v m v o d v a3 ��- O clj N U d « Q U a ° o Q aCi E ° o > Q a aa) ° E o > Q v a�i E R m w c } E J O c a L Z N O U Z m D F W p W 7 LL a) > U W e0 5 O a W U m N o o m w Q c U m M y Q C r a=i W L CY) N 3 H Q H LL L N L m ° LL a N o o W N b - a z aNi o Du z m = b H Q z Y C p (/i F- Q = o o o CO) m U o co y G 'o a 7 y L °°0 7 W C a°°o 7 d y V N° m N co cD 6D -) REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES FOR A NEW SINGLE FAMILY RESIDENTIAL SUBDIVISION AT 1584 EAST SANTA CLARA AVENUE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the Request for Proposal Scope of Work for environmental services for a new single family residential subdivision at 1584 East Santa Clara Avenue. DISCUSSION Planning Division staff has received an application for the construction of a new 24 -unit single family residential subdivision on a five acre parcel of land located at 1584 East Santa Clara Avenue. This project was initially submitted in 2007 by Empire Homes, who was in the process of completing an environmental impact report (EIR) before withdrawing the project over a year ago. The proposal by Tava Development, the current applicant, will be similar to the Empire Homes project. After reviewing the Tava Development proposal, it was determined that an EIR would still be required to meet the requirements of the California Environmental Quality Act. A Request for Proposal for environmental services was initially prepared for this project. The Scope of Work is attached as Exhibit 1. The recommended contract will be submitted for future consideration by the City Council. FISCAL IMPACT There is no fiscal impact associated with this request. J". Trevino Executive Director Planning and Building Agency VF:rb Vt\reports4Tava Development RFP.cc111510 Exhibit: 1. Scope of Work 19E -1 19E -2 Request for Proposal for 24 -Unit Single - Family Residential Development Located at 1584 E. Santa Clara Avenue, Santa Ana, CA Scope of Work The City of Santa Ana is soliciting proposals from professional consulting firms for preparation of an Initial Study and Focused Environmental Impact Report with supporting studies for a single family residential project located at 1584 East Santa Clara Avenue in the City of Santa Ana. The property is located within the Single Family Residential (R -1) zoning district and has a General Plan designation of Low Density Residential (LR). The project proposes a vesting tentative tract map to subdivide a 4.8 acre site into 24 parcels and the development of 24 single family residences ranging in size from 2,460 to 2,760 square feet. The property is currently developed with an orange grove and single family residence with detached garage. Initial project analysis indicates that the Sexlinger family farmhouse and orange grove has been in existence since roughly 1914 and appears to qualify as a Historic Resource under the California Environmental Quality Act (CEQA). In addition, the City's Public Work's Agency has indicated that a traffic study may also be required for the proposed project. The selected firm shall prepare an Initial Study and focused Environmental Impact Report (EIR) for the project. Staff has identified the various steps necessary in the compilation of the focused EIR. These steps include: 1. Initiation of the Project/Mck -Off Attend a kick -off meeting to discuss the project with City staff within five working days of receiving a notice to proceed. At this time staff will present all information about the project, discuss any project constraints and issues, and refine the scope and responsibilities. 2. Prepare Administrative Draft Initial Study/Proposed focused EIR The firm shall prepare an Administrative Draft Initial Study /proposed EIR, which will include an evaluation of the environmental resources contained in the City's CEQA Environmental Checklist. The Initial Study shall include discussion of the existing conditions, impacts and magnitude of the impacts, and the level of significance for each environmental discipline, as appropriate. Mitigation measures shall be developed to reduce impacts to less than significant levels, where possible. This scope includes preparation of detailed technical studies including: a) Cultural Study b) Traffic Study c) Other studies deemed appropriate through the initial study 3. Prepare Mitigation Monitoring Plan The firm shall prepare a Mitigation Monitoring Plan (MMP) for the project to include all accepted mitigation measures and indication of the mitigation measure, project time period to which the measure applies and responsible party and method of monitoring. EXHIBIT 1 19E -3 4. Finalize and Circulate Initial Study/Proposed EIR Following review and comment on the Administrative Draft Initial Study/EIR, the firm shall revise and incorporate comments as appropriate. The firm will circulate the document for public review as directed by the City. In addition, the firm shall assume responsibility for posting the Notice of Intent at the Orange County Clerk's office. 5. Respond to Comments and Prepare Final EIR Following the public review period, the firm shall respond to agency and public comments. These responses and comments will be incorporated into the document and the EIR will be finalized for consideration by the Planning Commission and City Council. The firm shall file the Notice of Determination with the County Clerk's office. 6. Attend Meetings The project manager and technical staff will attend all necessary meetings to include public hearings and project coordination meetings. There shall be one project manager who will coordinate with other technical staff, as necessary. 7. Schedule Prepare a schedule of completion for all technical studies and the Administrative Draft Initial Study/EIR. In addition the proposal shall include a schedule for the entire process to include City reviews and public review periods. 19E -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES FOR HARBOR MIXED USE TRANSIT CORRIDOR PLAN ALONG HARBOR BOULEVARD CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the Request for Proposal Scope of Work for environmental services for Harbor Mixed Use Transit Corridor Plan along Harbor Boulevard. DISCUSSION Through the Southern California Association of Government's (SCAG) Compass Blueprint Demonstration Program, the City of Santa Ana has been awarded approximately $200,000 for consultant services to prepare the Harbor Boulevard Mixed Use Transit Corridor Plan. One of the implementation actions listed in the General Plan Housing Element is to evaluate and change the land use designations /zoning along the Harbor Boulevard corridor to allow affordable housing and mixed use development opportunities. The proposed Harbor Mixed Use Transit Corridor will include a study of the market feasibility, public services and infrastructure, community outreach, and recommendations for a new sustainable land use plan. After reviewing the Harbor Corridor Plan proposal, it was determined that an EIR will be required to meet the requirements of the California Environmental Quality Act (CEQA). A Request for Proposal for consultant services was prepared in conjunction with this project (Exhibit 1). The recommended environmental contract will be submitted for City Council authorization after the review of proposals has been completed. FISCAL IMPACT There is no fiscal impact associated with this action. 1 ay . Trevino L,xdcutive Director Planning and Building Agency M M: rb mm\HarborCor\RFP RFCA cc111510 Exhibit: 1. Scope of Work 19F -1 19F -2 SCOPE OF WORK Compass Blueprint Demonstration Project Santa Ana: Harbor Boulevard Mixed Use Transit Corridor RFP No. 10-004-B29 Backeround The City of Santa Ana's General Plan Housing Element (October 2009) identifies a housing vision to increase the housing supply and diversity in the community. Towards this effort, the City of Santa Ana (City) has committed to evaluating key transit corridors to allow urban mixed use and affordable housing opportunities. One of these opportunity corridors identified is Harbor Boulevard, a major north —south corridor. This project will focus on the evaluation and creation of a Harbor Boulevard Mixed Use Transit Corridor (Corridor), including an evaluation of the feasibility of re- designating up to 42 acres for residential/mixed use along Harbor Boulevard, and amending the North Harbor Boulevard Specific Plan to allow residential/mixed use. This would also include analyzing the physical environment, services and infrastructure along the Corridor, creating a new general plan land use designation, amending the North Harbor Boulevard Specific Plan to allow for residential/mixed use zoning, conducting public outreach, and creating development and design regulations. The proposed Harbor Boulevard Mixed Use Transit Corridor Study has the potential to encourage a more active commercial and residential community, provide an expanded economic base, and improve the jobs/housing balance within the City. The project is in close proximity to a variety of key transportation pathways, including: the Garden Grove Freeway, Pacific Electric Right -of -Way corridor, and the OCTA Bus and Rapid Transit (BRT) alignments on Harbor Boulevard and Seventeenth Street (Figure 1). Thus, there is a unique opportunity to introduce a mix of land uses that will utilize the existing highway and transit network, help reduce commuter vehicle trips, and minimize air quality emission impacts. Ana ........... 4� N - x�.9s�A.Jtks. i s �4 y y��y ^yy SS awe,'ILI i + jaw "x 4i?77 i1PC'6 p,� S fr i IN V�MKfMAI!1lEMY5MJM tl r 1 '} ; s A } g 4r rS'% M{ii f� .pl Figure I Location Map Santa Ana General Plan Housing Element Opportunities Area 19F -4 Requested Plannine Services: The preliminary framework for the Scope of Work for the project is as follows: TASK 1: INITIAL ANALYSIS AND FINALIZATION OF THE PROJECT PARAMETERS TASK 1.1 — PROJECT KICK -OFF MEETING and STRATEGY SESSION #1• INITIAL OPPORTUNITIES AND CONSTRAINTS The project team will meet to kick -off the project. The purpose of this kick -off meeting will be to ensure that all project participants agree with the project scope, the deliverables, and the overall goals for this project. Each task of the project scope will be reviewed and discussed to get a general consensus on the proposed task. The meeting will allow the City to introduce the Corridor and provide the opportunity to discuss the initial opportunities and constraints identified along the Harbor Boulevard Corridor. The City will share their initial thoughts about their vision for the Corridor, and what opportunities and potential the Corridor offers. The City will also share the constraints that have kept the Corridor stagnant, and the opposition's view of the City's vision of the Corridor. A site visit along the Corridor is optional. TASK 1.2 — BASE MAPPING AND DOCUMENT COLLECTION Base maps of the study corridor will be produced for use throughout all project tasks. These maps should incorporate the study area of the corridor, and project team members should be able to use the base maps to enhance any analysis or reports they will produce for other tasks. The maps should also be easy to manipulate by project team members so the visualization of any data or graphics can be incorporated onto the maps. The City will make available all relevant studies, analyses, reports, maps, and/or data for this task. TASK 1.3 — DETAIL EXISTING LAND USE INVENTORY FOR PROJECT AREA AND ADJACANT TRANSPORTATION ANALYSIS ZONES (TAZ) Data will be gathered to conduct a detailed existing land use inventory for the project area and adjacent transportation analysis zones (TAZ). The data will be provided by the City and SCAG. The existing land use data will be incorporated into the Santa Ana Property Information Network and SCAG's Sustainability Tool. TASK 1.4 — INITIAL CORRIDOR - SEGMENT RETAIL ASSESSMENT The selected consultant shall conduct a preliminary retail assessment along the corridor. The assessment will include existing conditions of retail along the corridor. It will also include a preliminary assessment of retail opportunities and constraints of the Corridor in order to guide the rest of the study, and to provide a foundation of framework for the supplemental tasks. TASK 1.5 — REDEVELOPMENT POTENTIAL ANALYSIS The selected consultant shall analyze the redevelopment potential of the Corridor. The analysis will identify of potential redevelopment sites, different types of redevelopment, and different samples of redevelopment completed on Corridors of the same characteristics. TASK 1.6 — STRATEGY SESSION 42: OPPORTUNITY SITES AND PROJECT PARAMETERS This second meeting will allow the selected consultant to present their preliminary findings for Task 1. The City will be able to provide feedback and comments in order to guide the consultant in the subsequent tasks. This meeting will also provide the opportunity to discuss the opportunity sites identified in Task 1.1 and compare them with the analyses conducted in Tasks 1.3 -1.5. After these discussions, the selected consultant will be able to move forward with the next tasks based on the opportunity sites agreed upon by the City as the main project opportunity sites. Project parameters will also be discussed and set at this meeting. These parameters shall be agreed upon by the project team, so the selected consultant is able to build off their completed tasks and guide the project towards the City's goals. Deliverables: revised scope, base maps, reports /memos for retail assessment and redevelopment potential TASK 2: ANALYSIS OF PHYSICAL ENVIRONMENT, SERVICES AND INFRASTRUCTURE TASK 2.1 — IDENTIFICATION OF EXISTING CONDITIONS — PUBLIC INFRASTRUCTURE. AIR QUALITY RECREATION /OPEN SPACE CULTURAL RESOURCES, TRANSPORTATION ETC The selected consultant shall identify the Corridor's existing conditions as it relates to public services, air quality, recreation/open space, utilities, hydrology and water, cultural resources, transportation, etc. within the defined study area that would impact feasibility of Harbor Boulevard Mixed Use/ Transit Corridor Plan, TASK 2.2 — IDENTIFICATION OF EXISTING INFRASTRUCTURE AND SERVICE NEEDS, INCLUDING TRAFFIC IMPACTS The selected consultant shall identify existing infrastructure and service needs, including traffic impacts, for the proposed mixed use transit corridor plan. In addition, the consultant shall include recommendations for best practices to promote sustainable communities outcomes. Deliverables: existing conditions assessment report TASK 3: VISIONING AND PUBLIC OUTREACH TASK 3.1 — PUBLIC OUTREACH Coordination between the project team and existing community organizations within the vicinity of the Corridor is essential. Public outreach may include meetings, workshops or charrettes. It is vital for outreach to occur relatively early in the study so public input can be discussed among the project team and incorporated into the project's vision for the Harbor Boulevard Corridor. A site walk along the Corridor, where local conditions can be experienced and discussed within the boundaries of the study area, is an option. TASKS 3.2 — CREATION OF CORRIDOR VISION LnILIZING VISUALIZATION TOOLS In order to better understand the Corridor vision built by consensus between the City and the public, visualizations of the vision will be created utilizing visualization tools. This will allow all members of the public to see what the vision of the study is visually, and allow the envisioned land uses, sidewalk improvements, landscaping improvements, development types, etc. to be seen. Deliverables: presentations, presentation materials, sketches of envisioned Corridor, land use maps, and development prototypes described in site plan sketches and visualizations. TASK 4: CORRIDOR PLAN AND IMPLEMENTATION TOOLS TASK 4.1 - UPDATED LAND USE/CIRCULATION ELEMENT PLANS Using the findings from Task 1 and the input provided from Task 2, the consultant shall update the City's Land Use and Circulation Element Plans. The updates shall include the vision of the Corridor, and incorporate the changes in land use and roadways envisioned with the Corridor. The City's housing vision to increase the housing supply and diversity in the community should be reflected in these updates, as well as the City's goal in allowing urban mixed use and affordable housing opportunities along key transit corridors. Other strategies shall also be presented and incorporated throughout both the land -use and circulation elements. TASK 4.2 - NEW ZONING STANDARDS FOR BOTH RESIDENTIAL AND NON- RESIDENTIAL USES Using the findings from Task 1 and the input provided from Task 2, the consultant shall provide new zoning standards for both residential and non - residential uses along the Harbor Boulevard Corridor. The recommended standards shall build upon the criteria established in the Santa Ana's Metro East Overlay Zone and proposed Transit Zoning Code. The zoning standards shall reflect the vision of the Corridor, and incorporate changes in land -use envisioned with the Corridor. The City's vision of encouraging a more active commercial and residential' community, provide an expanded economic base, and improve the jobs/housing balance within the City shall be reflected in these new zoning standards. TASK 4.3 — NEED USE/HOUSING DESIGN GUIDELINES OR CRITERIA Using the findings from Task 1 and the input provided from Task 2, the consultant shall provide design. guidelines/criteria for mixed - use/housing along the Harbor Boulevard Corridor. The recommended guidelines/criteria. shall build upon the criteria established in the Santa Ana's Metro East Overlay Zone and proposed Transit Zoning Code. The design guidelines/criteria shall reflect the vision of the Corridor, and incorporate the input provided during the public outreach phases of this study. These guidelines shall allow, and reflect, the City's goal to encourage a more active commercial and residential community, and provide an expanded economic base. Deliverables: updated land- uselcirculation element plans, new residential and non- residential land use zoning standards, mixed- use/housing design guidelines /criteria G •i ;ff 9] REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE FIRST STREET BRIDGE REPLACEMENT OVER THE SANTA ANA RIVER ( 061723) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Public Works Agency to send Request for Proposals to qualified consulting firms to provide construction management services for the First Street Bridge Widening over the Santa Ana River project. DISCUSSION The First Street Bridge over the Santa Ana River currently consists of two travel lanes in each direction but the street leading onto the bridge has three lanes. During rush hour, the bridge becomes a bottleneck that severely impedes traffic flow. To improve the situation, plans and specifications have been prepared to widen the bridge to three lanes in each direction with pedestrian sidewalks on both sides. The proposed work includes demolishing the existing bridge and rebuilding the new bridge from the foundation up. Field investigation indicated that the east/west bound bridge consists of two independent structures, which are structurally separated along the longitudinal center line. In light of this finding, the widening work will be conducted in two phases. In the first phase, traffic will be directed to the south half of the bridge while the north half will be demolished and rebuilt. The second phase of the project will start immediately following completion of the first phase. Traffic in this phase will be directed to the newly completed north half of the bridge during rebuilding of the south half. The construction cost is estimated at $10.5 million. The award of a construction contract is expected to take place in March 2011. Construction is expected to last for 12 months and during this time, traffic will be reduced to one lane for each direction. To mitigate the impact, changeable message signs will be set up prior to construction, alerting drivers to use alternate streets. Traffic signal timing will also be reset according to the traffic volume. Bridge construction is a highly specialized field. To ensure safe and high quality construction, staff recommends retaining a construction management firm with experience in bridge work to manage 19G -1 Request for Proposals For Construction Management Service for First Bridge Widening November 15, 2010 Page 2 construction of this project. For this reason, staff is requesting Council's approval to issue a Request for Proposal to qualified consulting firms, soliciting proposals to provide the required services (Exhibit 1). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Measure M Street Construction Fund (accounting unit 03217660 66220, project no. 061723) and the Select Street Construction Fund (accounting unit 05917660 66220, project no. 061723). Raul Godinez II Executive Director Public Works Agency RG /MG Exhibit 1: Scope of Work APPROVED AS TO FUNDS AND ACCOUNTS: a ��n Z *ct!,� %, -.-� � - Francisco Gutierrez I 6 Executive Director Finance & Management Services Agency 19G -2 SCOPE OF WORK REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE FIRST STREET BRIDGE WIDENING OVER THE SANTA ANA RIVER ScoDe of Work: 1. Receive bonds and certificate of insurance from the contractor, and forward them to the City for approval. Attend pre - construction meetings. Schedule and conduct weekly construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Prepare and promptly distribute minutes. 2. Review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead -time. Update the project schedule as required to show current conditions and revisions required by actual progress. 3. Conduct comprehensive evaluation of change order requests, provide independent estimates and render recommendations. Assist in claim resolution. 4. Monitor the contractor's safety program. Take necessary steps to ensure the job site conditions are in compliance with OSHA regulations. 5. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records. 6. Develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Make recommendations for certification to the City for payment. 7. If required, assist the City in selecting and retaining the professional services of special consultants and testing laboratories and coordinate their services. 8. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents. 9. The consultant shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City and clarified prior to construction starts. Exhibit 1 19G -3 10. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in achieving the resolution of problems which may arise. 11. Process all shop drawings, project data, samples and other submittals received from the contractor; coordinate them with information contained in related documents, and transmit to the design engineer for review and approval. 12. Record the progress of the project. Submit written daily and progress reports to the City. Keeps a daily log containing a record of weather, contractor's work on the site, number of workers, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Check certified payrolls. Monitor contractor's compliance with labor code requirements. 13. Maintain (at the job site) records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as -built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as -built records. 14. Evaluate the completion of the work of the contractor and make recommendations to the City when work is ready for final inspection. Assist the City in conducting final inspections. Secure and transmit to the City required guarantees, affidavits, leases, operations manuals and other documents stipulated to be submitted by the contractor. Exhibit 1 19G -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: FEMA ASSISTANCE TO FIREFIGHTERS GRANT FY 2009 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager to accept the FEMA Assistance to Firefighters Grant 2009 in the amount of $49,920 and designate $12,480 in City funds required for the 20% match. 2. Approve an Appropriation Adjustment for the FEMA Assistance to Firefighters Grant 2009 expenditure account. DISCUSSION The Santa Ana Fire Department has been awarded a grant from the Assistance to Firefighters Grant program in the amount of $49,920. The grant requires a 20% cash match ($12,480). The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and related hazards. The grant funds are being used to provide Santa Ana Fire Department personnel with additional personal protective clothing. FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FEMA Assistance to Firefighters Grant 2009 revenue account (account no.14615002- 52000) by $49,920 and appropriate same into the FEMA Assistance to Firefighters Grant 2009 Uniform expenditure account (account no.14615361- 63100). The required 20% match ($12,480) is available in the Fire Uniform account (account 01115360- 63100). APPROVED AS TO FUNDS AND ACCOUNTS: 'David Thomas Francisco Gutierrez Fire Chief Executive Director Fire Department Finance & Management Services Agency 20A -1 ` ll" Panel Review „y.r .r�( Ctr+'7tnrr7;nry i r: �tr, FEMAT .'Q' I U. I�4e tilt Mr. Anthony Espinosa Santa Ana Fire Department 1439 S. Broadway Santa Ana, California 92707 -1712 Re: Grant No.EMW- 2009 -FO -04027 Dear Mr. Espinosa: Page 2 of G On behalf of the Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DHS), I am pleased to inform you that your grant application submitted under the FY 2009 Assistance to Firefighters Grant has been approved. FEMA's Grant Programs Directorate (GPD), in consultation with the U.S. Fire Administration (USFA), carries out the Federal responsibilities of administering your grant. The approved project costs total to $62,400.00. The Federal share is 80 percent or $49,920.00 of the approved amount and your share of the costs is 20 percent or $12,480.00. As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your grant award. Maintain a copy of these documents for your official file. You establish acceptance of the grant and Grant Agreement Articles when you request and receive any of the Federal grant funds awarded to you. By accepting the grant, you agree not to deviate from the approved scope of work without prior written approval from FEMA If your SF 1199A has been reviewed and approved, you will be able to request payments online. Remember, you should request funds when you have an immediate cash need. If yc.,u have any questions or concerns regarding the awards process or how to request your grant funds, please call the helPdesk at 1- 866 - 274 -0960. Elizabeth M. Harman Assistant Administrator Graht Programs Directorate https: / /eservices. fema .gov /FemaFireGrant/firegrant/j sp!fire _ admin/ awards /speolvie A,_award _package.do... 10/11/2010 20A -3 Panel Review Agreement Articles 14, t U.S. Department of Homeland Security Washington, D.C. 20472 . FEM U A AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Safety program GRANTEE: Santa Ana Fire Department PROGRAM: Operations and Safety AGREEMENT NUMBER: EMW-2009-FO-04027 AMENDMENT NUMBER: Article I Article 11 Article III Article IV Article V Article VI Article VII Article VIII Article IX Article I - Project Description To S L E OF C 0 INTE IN'To' Project Description Grantee Concurrence Period of Performance Amount Awarded Financial Guidelines Prohibition on Using Federal Funds GPD Allocations Financial Reporting FEMA Officials Page 3 of 6 The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the grantee's project submitted as part of the grantee's application, and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the program's purpose and worthy of award. Therefore, the grantee shall perform the work described in the approved grant application as itemized in the request details section of the application and further described in the grant application's narrative. These sections of the application are made a part of these grant agreement articles by reference. The grantee may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval from FEMA. Article 11 - Grantee Concurrence By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees to abide by the terms and conditions of the grant as set forth in this document and the documents identified below. By receiving funds under this grant. grantees agree that they will use the funds provided through the Fiscal Year 2009 Assistance to Firefighters Grant Program in accordance with these Articles of Agreement and the program guidelines provided in the Fiscal Year 2009 Assistance to Firefighters Grants program guidance. All documents submitted as part of the application are made a part of this agreement by reference. h"ps://eservices.fenia.gov/FemaFireGrant/firegr-,uit/J*sp,lftre—admiii/awards/spec/-,,ie,.N?_award_package.do... 10 /1 1 /20 10 20A-4 Panel Review Page 4 of 6 Article III - Period of Performance The period of performance shall be from 18- SEP -10 to 17- SEP -11. Article IV - Amount Awarded The amount of the award is detailed on the Obligating Document for Award attached to these articles. Following are the budgeted estimates for each object classes of this grant (including Federal share plus grantee match): Personnel $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $62,400.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $62,400.00 NEGOTIATION COMMENTS IF APPLICABLE (max 4000 characters) The Program Office has made the following reductions to your grant: The approved quantity of gloves is 140, not 203. The approved quantity of boots is 173, not 203. Therefore, they have recommended the award at this level: Total budget $62,400 Federal share $49,920 Applicant share $12,480 Article V - Financial Guidelines The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non- exclusive list of regulations commonly applicable to FEMA grants are listed below: A. Administrative Requirements 1. 44 CFR Part 13: Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education. Hospitals. and Other Nonprofit Organizations (OMB Circular A -110) B Cost Principles 1. 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A -87) 2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A -21) 3. 2 CFR Part 230, Cost Principles for Nonprofit Organizations (OMB Circular A -122) 4. Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial https _ llcservices. fema. gov/ FemaFireGrantlfiregrantljsp /fire_adminlawards /spec /view_award_package.do... 10/11/2010 20A -5 Panel Review Page 5 of 6 Organizations C. Audit Requirements 1. OMB Circular A -133, Audits of States. Local Governments, and Nonprofit Organizations Article VI - Prohibition on Using Federal Funds Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. Article VII - GPD Allocations The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2009 Assistance to Firefighters Grant Program guidance and application kit. Article Vlll - Financial Reporting The grantee must complete an on -line, semiannual financial status report to meet FEMA requirements. Semiannual financial reports are due within 30 days of the end of every six month period for the life of the grant. At the end of the performance period, or upon completion of the grantee's final program narrative, the grantee must complete an on -line final financial status report that is required to close out the grant. It a grantee's performance period is extended beyond the initial 12 -month period, a periodic performance report is due every six month increment until closeout. Article 1X - FEMA Officials Program Officer: Tom Harrington is the Program Officer for the Assistance to Firefighters Grant Program. The Program Officer is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. Grants Assistance Officer: Jane Early is the Assistance Officer for this grant program. The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. Grants Management Division POC: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this award. If you have any questions regarding your grant please call ASK -GMD at 866- 927 -5646 to be directed to a specialist. https :// eservices. fema .gov /FemaFireGrant/firegrant/jsp /fire admin /awards/ spec /vieNv_aNvard_package.do... 10/11/2010 20A -6 Panel Review la AGREEMENT NO EMW-2009-FO-04027 6 RECIPIENT NAME AND ADDRESS Santa Ana Fire Department 1439 S Broadway Santa Ana California, 92707-1712 9. NAME OF RECIPIENT PROJECT OFFICER Anthony Espinosa 11. EFFECTIVE DATE OF THIS ACTION 18-SEP-10 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARDIAMENDMENT 2. AMENDMENT NO 3. RECIPIENT NO, 0 95-6000785 Page 6 of 6 4. TYPE OF 5. CONTROL NO. ACTION W469000N AWARD 7. ISSUING OFFICE AND ADDRESS 8. PAYMENT OFFICE AND ADDRESS Grant Programs Directorate FEMA, Financial Services Branch 500 C Street, S.W 500 C Street. S.W, Room 723 Washington DC, 20528-7000 Washington DC, 20472 POO Jane Early PHONE NO, 10 NAME OF PROJECT COORDINATOR PHONE NO. 7146475724 Tom Harrington 1-866-274-0960 12. METHOD OF 13 ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD PAYMENT Cost Sharing From:18-SEP-10 To:1 7-SEP-1 1 SF-270 Budget Period FiomA5-JAN-10 To 30-SEP-10 15 DESCRIPTION OF ACTION a, (indicate funding data for awards or financial changes) PROGRAM NAME CFDA NO, ACCOUNTING DATA PRIOR TOTAL AMOUNT AWARDED CURRENT TOTAL CUMMULATIVE ACRONYM (ACCS CODE) AWARD THIS ACTION AWARD NON- xxxx-xxx-xxxxxx_xxxxx- + OR ( -) FEDERAL xxxx-xxxx-x COMMITMENT C 44 4.^,1 - C2C= D TOTALS $0.00 $49,920.00 $49,920.00 $12,480.00 b To describe changes other than funding data or financial changes, attach schedule and check here. NIA 16a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Assistance to Firefighters Grant recipients are not required to sign and return copies of this document However, recipients should prrnt and keep a copy of this document for their records 16b FOR DISASTER PROGRAMS! RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE N/A N/A 18. FEMA SIGNATORY OFFICIAL (Name and Title) Jane Early Go Back DATE 13-SEP-10 https ://eserNices.fema.gov/FemaFireGrant/firegrant/jsp/fire_ adniin/awards/spec/vie,.Nr_award_,package.do... 10/11,12010 20A-7 qlMlff;,� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE AUTHORIZATION TO APPLY FOR FEDERAL HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize staff to apply for federal funding of four projects and to submit the projects for funding consideration under the Highway Safety Improvement Program. DISCUSSION The State of California Department of Transportation issued a call for projects for the Highway Safety Improvement Program (HSIP) for Federal Fiscal Year 2010/2011. HSIP is a federally funded program, which provides construction funds for projects to improve traffic and pedestrian safety, such as traffic signals and signage upgrades. Staff is requesting authorization to submit four projects for HSIP funding (Exhibit 1). The selected project locations are based on the FY 09/10 Traffic Signal Priority List ranking that considers vehicular traffic volume, pedestrian activity, and collisions history. Given the need for these improvements, staff recommends the City Council adopt a resolution supporting federal funding of these projects and authorizing staff to submit the designated projects for funding consideration under the Highway Safety Improvement Project. ENVIRONMENTAL IMPACT Environmental reviews will be conducted for those presented to the City Council when the construction projects typically qualify for Categorical Exemptions. 21A-1 projects that receive funding and will be contract(s) is awarded. These types of Resolution for Highway Safety Improvement Program Grant November 15, 2010 Page 2 FISCAL IMPACT The City needs to provide 10 percent matching funds and the Highway Safety Improvement Program will provide 90 percent of the funding for any project that is approved for funding. The City's 10 percent match for those project receiving HSIP grant funds will be budgeted in a future Capital Improvement Program. Raul Godinclz II Executive Director Public Works Agency RG:ZK APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez -6 14"Y Executive Director Finance & Management Services Agency Exhibit 1: Projects Recommended for Grant Application 21A-2 Highway Safety Improvement Program Projects Recommended For Grant Application FY 2010 -2011 Location Improvement Cost McFadden Avenue and Traffic signal modification & $382,000 Euclid Street Signage upgrade McFadden Avenue and Traffic signal modification & $382,000 Lyon Street signage upgrade Fairview Street and Edna Install new traffic signal & $445,500 Street signage upgrade Raitt Street and Adam Install new traffic signal & $445,500 Street signage upgrade Total $1,655,000 Exhibit 1 21A-3 21A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: AUTHORIZE CONTRACT WITH WELLS SUPPLY CO. AND CONTRACT AWARD FOR COPPER TUBING (SPEC. NO. 10- 045) i CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: P wu �i ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize contract to Wells Supply Co. for copper tubing in the amount not to exceed $50,000. 2. Award contracts for copper tubing and miscellaneous waterworks parts for a one -year period, with provision for three one -year renewals, in an annual aggregate amount not to exceed $160,000 with the following vendors: Vendor Location Copper Tubing Ferguson Enterprises Pomona S & J Supply Co. Inc. Santa Fe Springs Emergency waterworks parts Wells Supply Co. Santa Ana DISCUSSION The Public Works Agency maintains 50,000 water service connections to deliver 40,438 acre -feet of water to businesses and residents in Santa Ana. To perform maintenance and repairs on the City's extensive water distribution system, PWA requires varies sizes of the industry standard grade K copper tubing. The tubing is purchased through the Central Stores warehouse for distribution. The contract for copper tubing and miscellaneous waterworks parts is designed to provide quality products at a significant savings based on quantity pricing. The notice inviting bids was advertised on October 13, 2010, and bids were solicited. A summary of the bid invitations and bids received is as follows: 10 Invitations For Bid mailed 4 Invitations For Bid mailed to Santa Ana vendors 2 Bids received 22A -1 Contract Award for Copper Tubing and Miscellaneous Waterworks Parts November 15, 2010 Page 2 Bids were solicited, opened on October 27, 2010 and evaluated. The results are as follows for a price example based on a one month order of copper tubing with a specific order date: Vendor: Location: Cost: Ferguson Enterprises Pomona $13,585.51 S & J Supply Co. Inc. Santa Fe Springs $15,000.32 The bids received from Ferguson Enterprises and S & J Supply Co. Inc. are responsive to the specifications and meet the City's requirements. Staff recommends awarding contracts to two local vendors to allow for competitive quotes from both vendors on any given day. Copper tubing has a very volatile price pattern and fluctuates based on current market value supply and demand. The new contracts offer a daily market price for copper tubing with a fixed markup rate. The aggregate annual amount of $150,000 is based upon past usage and staff projections for this contract period. During the bid process, copper tubing purchased by Central Stores staff was handled thru Wells Supply Co. after soliciting informal quotations. Payment on purchased copper tubing stock is required to bring the account current during transition in supplier's contract for copper tubing. In addition, award a $10,000 contract to Wells Supply Co for emergency supplies for the Public Works Water Resource crews operating in the field. FISCAL IMPACT Funds are available in the Water Utility Water Production & Supply account (no. 63001). ri G �'os Raul Go Inez II Executive Director Public Works Agency KM APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: AWARD A CONTRACT TO COMMERCIAL DOOR OF ORANGE COUNTY FOR OVERHEAD DOOR MAINTENANCE (SPEC. NO. 10 -034) �' / CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED � As Recommended 0 As Amended (] Ordinance on 1�` Reading 0 Ordinance on 2 "d Reading 0 Implementing Resolution 0 Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Commercial Door of Orange County, Inc. for overhead door maintenance for a one -year period with provision for three, one -year renewals in an annual amount not to exceed $30,000_ DISCUSSION The Santa Ana Fire Department utilizes various overhead doors that require maintenance and repair. Currently, at the 10 fire stations there are 37 front and rear apparatus room overhead doors of various sizes, types and ages. The Fire Department maintenance schedule requires a bi- annual inspection and service for all apparatus room overhead doors. Throughout the year, the department incurs repair, parts replacement and labor costs for the overhead doors as well as man -doors in all fire facilities. A preventative maintenance contract is essential to ensure full function and response at all times. The contract provides for regularly scheduled maintenance, and 24 -hour emergency repair response as well as miscellaneous repairs and parts. The Request for Proposal was issued on September 13, 2010 and proposals were solicited. A summary of the request for Proposal and proposals received is as follows. 5 Request for Proposal sent. 2 Request for Proposal sent to Santa Ana vendors 5 Proposals received 2 Proposals received from Santa Ana vendors. The proposals were solicited, opened and evaluated by a staff committee for experience, cost, and level of services proposed. Staff's evaluation determined that Commercial Door of Orange County, Inc.'s proposal is responsive to the specification and meets the City's requirements. 22B -1 Contract for Overhead Door Maintenance November 15, 2010 Page 2 The evaluation results are as follows: Vendors Score Commercial Door of Oran a Count 80 Vortex 55 Casco 55 Southern California Overhead Door Co. 49 McKinle E ui ment Cor 37 FISCAL IMPACT Funds are available in the Fire Maintenance Other Contractual Services account (no. 01 1 1 5360- 62300). David Thomas Fire Chief Fire Department EG APPROVED AS TO FUNDS AND ACCOUNTS= �C�C\,mr�jlm . � � � Francisco Gutierrez u� Executive Director Finance & Mgmt. Services Agency 22B -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: CONTRACT AWARD TO BEN'S ASPHALT, INC. FOR ASPHALT POTHOLE REPAIR (SPEC. NO. 10 -040) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Ben's Asphalt, Inc., for asphalt pothole repair for a one -year period with provision for three one -year renewals in an amount not to exceed $500,000 annually. DISCUSSION The Public Works Agency is responsible for maintaining approximately 400 miles of roadway within the City of Santa Ana. Services provided under the asphalt pothole repair contract include the repair of all potholes and the repair of all damaged pavement areas not exceeding 100 sq. ft. in area with asphalt overlay. In addition the contract will provide for sidewalk maintenance which includes sidewalk ramping and sidewalk offset grinding which are used to reduce risks to pedestrian traffic. The notice inviting bids was advertised on September 29, 2010 and bids were solicited. A summary of the bid invitations and bids received is as follows: 9 Invitations For Bid mailed 5 Invitations For Bid mailed to Santa Ana vendors 3 Bids received 2 Bids received from Santa Ana vendors Bids were received and opened on October 11, 2010 and evaluated (Exhibit 1). To evaluate costs, vendors provided quotations for representative repair projects that included various quantities and specifications. The annual amount is based on staff's projection for the next year. Upon release of the bid results, Elite Bobcat Service, Inc., discovered a significant error in their calculations and withdrew their offer. The bid received from Ben's Asphalt, Inc., a Santa Ana vendor, is responsive to the specification and meets the City's requirements. 22C -1 Contract Award for Pothole Repair November 15, 2010 Page 2 FISCAL IMPACT Funds are available in the Public Works Agency Roadway Maintenance Account (account no. 02917660 62300). Raul Godinl6z II Executive Director Public Works Agency 10.1% APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22C -2 ABSTRACT OF BIDS CONTRACT AWARD FOR POTHOLE REPAIRS (10 -040) Vendor Elite Bobcat Ben's Service, Inc. Asphalt, Inc Location Corona Santa Ana Hardy & Harper Santa Ana Total $ 349,000.00 $ 566,100.00 $ 630,100.00 (Bid withdrawn due to error) Exhibit 1 22C -3 22C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: CONTRACT AWARD FOR ASPHALT STREET MAINTENANCE (SPEC. NO. 10 -039) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to All American Asphalt for asphalt street maintenance for a one -year period with provision for three one -year renewals in an amount not to exceed $580,000 annually. DISCUSSION The Public Works Agency is responsible for maintaining approximately 400 miles of streets within the City of Santa Ana. To do so, asphalt street maintenance and repairs are required. Services provided under the asphalt street maintenance contract include the excavation and cold milling of existing roadways, the installation of pavement reinforcement fabric, construction of asphalt concrete pavement, crack sealing and portland cement concrete repairs. In addition, the contract provides for water and sewer system maintenance, including trench repair and the adjustment of water valve boxes and manhole frames and covers to grade. The notice inviting bids was advertised on September 29, 2010 and bids were solicited. A summary of the bid invitations and bids received is as follows: 9 Invitations For Bid mailed 5 Invitations For Bid mailed to Santa Ana vendors 4 Bids received 2 Bids received from Santa Ana vendors 22D -1 Contract Award for Asphalt Repair November 15, 2010 Page 2 Bids were received and opened on October 11, 2010 and evaluated (Exhibit 1). To evaluate costs, vendors provided quotations for representative repair projects that included various quantities and specifications. The annual amount is based on staff's projection for the next year. The bid received from Ben's Asphalt, Inc., did not reference a required addendum which increased the quantities of several line items and was considered non responsive. The bid received from All American Asphalt is responsive to the specification and meets the City's requirements. FISCAL IMPACT Funds are available in the Public Works Agency Water System Maintenance and Sanitary Sewer Service accounts (account nos. 06017641 62300 and 5617640 62300). Raul God' ez II Executive Director Public Works Agency I"-Z APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22D -2 ABSTRACT OF BIDS CONTRACT AWARD FOR STREET MAINTENANCE (10 -039) Vendor All American Elite Bobcat Hardy & Asphalt Service, Inc. Harper Location Corona Corona Santa Ana Total $1,679,511.00 $1,928,475.00 $1,953,350.00 Exhibit 1 22D -3 22D -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: CONTRACT RENEWAL WITH L.N. CURTIS 8� SONS FOR FIRE HOSE (SPEC. NO. 08 -023) ����. CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED � As Recommended � As Amended D Ordinance on �s` Reading 0 Ordinance on 2ntl Reading � Implementing Resolution � Set Public Hearing For_ CONTINUED TO i�i��sn.r_r� RECOMMENDED ACTION Renew the contract with L.N. Curtis &Sons for the purchase of fire hose for aone -year period in an annual amount not to exceed $32,000, and increase the aggregate limit by $25,000 for miscellaneous supplies for the Fire Department in an annual amount not to exceed $57,000. DISCUSSION Each of the 10 fire stations house a fire engine, outfitted with approximately 2,900 feet of fire hose. The Fire Department has established an ongoing replacement program for fire hose at a rate of one engine load per year, eliminating the need for mass purchases. The replaced fire hose is used on reserve fire apparatus or stored for unexpected emergencies, ensuring quick access to water supply. On April 7, 2008, the City Council awarded a contract to L.N. Curtis &Sons for aone -year period with provision for three one -year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract_ Staff recommends the second renewal of the contract. Additionally, L.N_ Curtis &Sons provides miscellaneous equipment, supplies, and turnout garments for the Fire Department. The purchase of the fire hose, when combined with previous purchases by the Fire Department during the current fiscal year, will exceed the $25,000 aggregate limit. In order to facilitate future purchases, staff recommends an increase to the aggregate limit. FISCAL IMPACT Funds are available in the Fire Maintenance Other Contractual Services account (no. 01 1 1 5360- 63001 ). c� �_ � �� David Thomas Fire Chief Fire Department EG APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez �1� Executive Director "" 0 Finance & Mgmt. Services Agency 22E -1 22E -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: CONTRACT AWARD WITH TREE ELEMENTS, INC. FOR CIVIC CENTER TREE PRUNING (SPEC. NO. 10 -037) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Tree Elements, Inc. for tree pruning at the Civic Center complex in the amount not to exceed $31,400 DISCUSSION The Parks, Recreation and Community Services Agency maintains 1,053 trees in the Civic Center. This service contract will provide a Class 1 pruning to maintain the health of the trees and enhance safety for Civic Center visitors. The notice inviting bids was advertised on September 23, 2010, and bids were solicited. A summary of the bid invitations and bids received is as follows: 34 Invitations For Bid mailed 6 Invitations For Bid mailed to Santa Ana vendors 8 Bids received Bids were solicited and opened on October 20, 2010 and evaluated. The bid received from Tree Elements, Inc. is responsive to the specifications and meets the City's requirements. To allow for unanticipated charges, an additional five percent contingency has been included in the award amount. FISCAL IMPACT Funds are available in the Civic Center Regular Maintenance account (no.07413250- 62320). Gerardo Mouet Executive Director Parks, Rec. & Comm. Svcs Agency KM APPROVED AS TO \Fn\\ \U` \ (1� \NDSAND ACCOUNTS: v Francisco Gutierrez Executive Director Finance & Management Services Agency 22F -1 22F -2 ABSTRACT OF BIDS CONTRACT AWARD FOR SANTA ANA CIVIC CENTER TREE PRUNING (10 -03 VENDOR TREE RGS GREAT ARBORWELL ELEMENT SERVICES SCOTT TREE LOCATION YORBA LINDA ANAHEIM STANTON HAYWARD TERM 3 %, 30 DAYS NET 30 DAYS NET 30 DAYS NET 30 DAYS OFFER $30,808. $33,456. $35,885. $37,804. TERM DISCOUNT 924 $ 29,884 5% CONTINGENCY 1,494 TOTAL $ 31,378 ROUND OFF $ 31,400 VENDOR TREESMITH TRIMMING ARTISTIC THRIFTY ENTERPRISES LAND CO. SOLUTIONS TREE LOCATION ANAHEIM SOUTH GATE VISTA RESEDA TERM 2 %15 / NET 30 NET 30 DAYS NET 30 DAYS NET 30 DAYS OFFER $45,619. $50,900. $65,000 $255,000 AWARD TO: TREE ELEMENTS INC. $31,400.00 Exhibit 1 22F -3 22F -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: CONTRACT AMENDMENT WITH PRUDENTIAL OVERALL SUPPLY AND CONTRACT AWARD WITH G&K SERVICES INC. FOR UNIFORM, MAT AND TOWEL SERVICE (SPEC. NO. 10 -021) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Amend the contract with Prudential Overall Supply for uniform, mat and towel service through the end of the current year to provide service during the transition of new uniforms and finalizing the charges on lost stock in an amount not to exceed $20,000. 2. Award a contract to G & K Services Inc. for uniform, mat and towel services for a three -year period with provision for one three -year renewal, in an annual amount not to exceed $33,130. DISCUSSION In accordance with the City's general employee Memorandum of Understanding, clean uniforms are provided to all employees who are required by the City to wear uniforms. Rented floor mats are at various locations, bath towels provided in shower areas, and dishtowels at all fire stations. The rental service includes weekly laundering of the uniforms, towels and dishtowels. The notice inviting bids was advertised on September 23, 2010, and bids were solicited. A summary of the bid invitations and bids received is as follows: 8 Invitations For Bid mailed 2 Invitations For Bid mailed to Santa Ana vendors 5 Bids received Bids were solicited and opened on October 14, 2010 and evaluated. Nine key points were reviewed with samples of shirts and pants provided, warranty, references, compliances or deviation from specifications and cost. The bid received from G & K Services, Inc. is responsive to the specifications and meets the City's requirements. To allow for unanticipated charges, an additional five percent contingency has been included in the award amount. 22G -1 Contract Amend and Award for Uniform, Mat and Towel Service November 15, 2010 Page 2 Amend the current contract with Prudential Overall Supply to provide continued service through the end of the current fiscal period while the task of measuring and providing new uniforms is processed. In addition, once all old uniforms, mats, towels and dishtowels are returned to Prudential Overall Supply, charges will be assessed for all lost items. Amend current $25,000 contract to $45,000 to cover closure of the uniform contract. FISCAL IMPACT Funds are available in the various departments under Uniforms and Tools (no.63100). Francisco Gutierrez Executive Director Finance & Management Services Agency KM 22G -2 ABSTRACT OF BIDS CONTRACT AWARD FOR UNIFORM, MAT AND TOWEL SERVICE (10 -021 VENDOR LOCATION TOTAL PTS OUT OF 100 G &K PRUDENTIAL CINTAS SERVICES OVERALL SANTE FE IRVINE TUSTIN 95 83 74 ARMARK UNIFIRST FALLBROOK NORWALK 64 61 COST PER CHANGE $0.44 $0.75 $0.85 $1.10 $0.48 SHIRT + PANTS CHANGES/WEEK 5 SETS 5 SETS 5 SETS 5 SETS 11 SETS COST CHANGE/WK $2.20 $3.75 $4.25 $5.50 $5.28 190 EMPLOYEES WEEKLY COST $ 418.00 $ 712.50 $ 807.50 $1,045.00 $1,003.20 ANNUAL UNIFORMS $21,736. $37,050. $41,990. $54,340. $52,166. MATS & TOWELS $ 9,816. $11,072. $ 9.375. $ 9,096. $12,327. ANNUAL TOTAL $31,552. $48,122. $51,365. $63,436. $64,493. + 5% CONTINGENCY 1,578. GRAND TOTAL ANNUAL $33,130 AWARD TO: G &K SERVICES $33,130.00 Exhibit 1 22G -3 22G -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: CONTRACT AWARD WITH HAAKER EQUIPMENT COMPANY FOR REFURBISH VACTOR SEWER TRUCKS (SPEC. NO. 10 -043) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Haaker Equipment Company for refurbishing two Vactor sewer trucks in the amount not to exceed $217,105. DISCUSSION The Fleet Division of Finance and Management Services Agency maintains 762 operated vehicles. The City purchased in 2001 and 2002, the two Vactor sewer trucks. With constant contact with water and debris, the sewer trucks have reached a point where pumps, hoses and water tanks need to be replaced. Quotes received by staff defined new sewer trucks cost $328,000 each, complying with the alternative fuel AQMD requirement. In evaluating the financial impact of refurbishing the sewer trucks at one -third the cost of new sewer trucks, Fleet and Public Works endorse the task of overhauling the mechanical parts since the mileage and life expectancy of the truck chassis has not be maximized to date. The notice inviting bids was advertised on October 13, 2010, and bids were solicited. A summary of the bid invitations and bids received is as follows: 2 Invitations For Bid mailed 1 Bid received Bids were solicited and opened on October 27, 2010 and evaluated. The bid received from Haaker Equipment Company as the sole Southern California authorized Vactor dealer is responsive to the specifications and meets the City's requirements. To allow for unanticipated charges, an additional five percent contingency has been included in the award amount. 22H -1 Contract Award for refurbish Vactor sewer trucks November 15, 2010 Page 2 FISCAL IMPACT Funds are available in the Public Works Sanitary Sewer Service account (accounting unit 05617640- 62322). APPROVED AS TO FUNDS AND ACCOUNTS: Raul God' ez II Francisco Gutierrez Executive Director Executive Directors Public Works Agency Finance & Management Services Agency KM 22H -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: CONTRACT AWARD WITH GULEN INC. db a LEGAL TEK FOR DIGITAL AUDIO - VIDEO RECORDING SYSTEM (SPEC. NO. 10 -031) f CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 'I't Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Gulen Inc. dba LegalTek for digital audio -video recording system in an amount not to exceed $45,550. DISCUSSION The Police Department maintains recording systems in nine interview rooms to provide permanent documentation of the interview of suspects, citizens and police officials. The current equipment has exceeded its estimated life expectancy and is no longer dependable or produces clear quality recording. Due to budget restraints, five of the nine interview rooms are scheduled for replacement in fiscal year'10 -'11. The notice inviting proposals was advertised on August 12, 2010, and proposals were solicited. A summary of the request for proposal and proposals received is as follows: 9 Request for Proposal mailed 5 Proposals received Request for proposals were solicited and opened on September 8, 2010 and evaluated in a two - phase process. The two vendors receiving the top point evaluations were asked to make one hour presentation to the evaluation team for final assessment of the function, ease of use and performance of the their equipment. LegalTek recording system provides a Linux recording systems, separate monitors with workstations for each of the five rooms, and video resolution of 720 x 480 for clarity, In addition, audio records at 48 Kilohertz and offers a compressor /limiter as part of the system. All of these marks exceed the equipment operation provided by Precise Digital. As a result, staff recommends LegalTek as providing the best digital audio -video recording system. To allow for unanticipated charges, an additional five percent contingency has been included in the award amount. 221 -1 Contract Award for Recording System November 15, 2010 Page 2 FISCAL IMPACT Funds are available in the Police Department Criminal Activity D.O.J. account (no. 02614450- 66400). Paul M. Walters Chief of Police KM APPROVED AS TO FUNDS AND ACCOUNTS: N�. Francisco Gutierrez Executive Director Finance & Management Services Agency 221 -2 ABSTRACT OF BIDS CONTRACT AWARD FOR RECORDING SYSTEM (10 -031) EVALUATION IN 2 PHASES: WRITTEN PROPOSAL REVIEW WITH POINT AWARD THEN ORAL PRESENTATION BY THE VENDORS EARNING THE 2 TOP POINT TOTAL. VENDOR LEGALTEK PRECISE KDC VERSATILE SIMPLEX SYSTEM DIGITAL SYSTEMS INFO GRINNELL LOCATION ANAHEIM LUTZ, FL LOS RIVERSIDE ORANGE ALAMITOS TOTAL PTS OUT OF 100 97.5 92.5 70 67.5 53 PRICING: LEGALTEK PRECISE KDC VERSATILE SIMPLEX PARTS TOTAL $31,950.00 $21,209.82 $41,765.97 $26,455.00 $59,785.73 FABRICATION $ 850.00 INSTALL /SET UP $ 2,770.00 $16,480.00 $ 5,000.00 $ 6,600.00 $ 9,498.08 SALES TAX /PARTS $ 2,795.63 $ 1,855.86 $ 3,654.52 $ 2,314.81 $ 5,231.25 5 -YR WARRANTY $ 5,000.00 $13,227.50 SHIPPING $ 220.00 $ 77.19 PROJECT TTL $43,365.63 $39,765.68 $50,420.49 $48,597.31 $74,592.25 + 5% CONTINGENCY 2,168.29 TOTAL $45,533.92 TOTAL AWARD 1$45,550.00 ROUNDED OFF AWARD TO: GULEN INC., dba LEGALTEK $45,550.00 Exhibit 1 221 -3 221 -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED INCREASE CONTINGENCY FOR ❑ As Recommended BRISTOL STREET WIDENING FROM ❑ As Amended MCFADDEN AVENUE TO PINE 171 Ordinance on Reading El Ordinance on 2 " n d Reading STREET (PROJECT NO. 061500) ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO �l CITY MANAGER RECOMMENDED ACTION FILE NUMBER Increase the contingency for the contract with All American Asphalt for the Bristol Street Widening Project by $200,000 to a total estimated contract amount of $10,178,904 and authorize the City Manager to execute change orders up to the contingency amount. DISCUSSION On May 4, 2009, the City Council awarded a contract for the Bristol Street Widening Project to All American Asphalt in the estimated amount of $8,315,754 plus a contingency of $1,663,150 totaling $9,978,904. While constructing Bristol Street, several unforeseen conditions have exhausted the approved contingency; consequently, additional funds are required to complete the work. The work includes revising the striping plan to include a bike lane on Bristol Street between Cubbon and Walnut Streets, adding new conduit to preserve the link between the traffic signals in the area and the traffic management center, constructing new sidewalk at intersecting streets and retaining curb, and repairing existing block wall to match the new adjacent improvements and street asphalt sections. ENVIRONMENTAL IMPACT This is no environmental impact associated with this action. 23A -1 Increased Contingency for Bristol Street Widening for McFadden Avenue to Pine Street November 15, 2010 Page 2 FISCAL IMPACT The contingency increase and additional co available in the Select Street Construction Measure M Street Construction Fund (acco Raul Godia6z II Executive Director Public Works Agency RG /DI ntract amount are estimated at $200,000. Funds are Fund (accounting unit 05917661- 66220) and the untina unit 03217660 - 66220). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez G Executive Director I Finance & Management Services Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: INCREASED CONTINGENCY FOR RECYCLED WATER CONVERSION PROJECT (PROJECT NO. 093215) % j-�__ ___ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Increase the contingency for the contract with Guerrero Backhoe Service, Inc. for the Recycled Water Conversion Project by $100,000 to a total estimated contract amount of $324,526 and authorize the City Manager to execute change orders up to the contingency amount. DISCUSSION On December 7, 2009, the City Council awarded a contract for the Recycled Water Conversion Project to Guerrero Backhoe Service, Inc. in the estimated amount of $195,240 plus a contingency of $29,286 totaling $224,526. Unforeseen field conditions not shown in the contract at Centennial Park have prompted additional work to complete the Water Conversion Project. The existing water supply system at Centennial Park continuously loops throughout the entire park with connections to Godinez High School, the lake, and the soccer fields. Water is provided for daily use in the school and the park, as well as irrigation water for the landscaped areas. To convert the irrigation system from potable water to recycled water, the existing water pipes and apparatus will need to be disconnected and regrouped into two separate systems: potable water for domestic use and recycled water for landscaping. After construction started, it was discovered that the underground piping system was significantly different from what was shown on the plans, which were prepared based on old as- built records. To rectify the situation, exploratory excavations have been performed at several connection points to determine the actual layout of pipes, and plans have been revised based on the result of the investigation. The revisions require additional pipes and equipment to provide separate domestic water and recycled water for each area, and to provide temporary water to the school and the park until the conversion is completed. 23B -1 Increased Contingency for Recycled Water Conversion Project November 15, 2010 Page 2 About $70,000 in additional work has been identified an d recommends the contingency be increased by $100,000 due to are normally associated with installation of underground utilities. ENVIRONMENTAL IMPACT This is no environmental impact associated with this action. FISCAL IMPACT negotiated. However, staff the unforeseen conditions that The contingency increase is estimated at $100,000. Funds are available in the Water Utility Capital Projects Fund (accounting unit 06617647- 66301). APPROVED AS TO FUNDS AND ACCOUNTS: h-, ez"-s" "'e �� Raul Godinez II 10F Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG /DI W REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: LEASE AGREEMENT WITH T- MOBILE WEST CORPORATION FOR CELLULAR ANTENNA AT DELHI PARK CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 15t Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For_ CONTINUED TO /_ /i -�C/ p FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a lease agreement with T- Mobile West Corporation for installation of a stealth monopalm antenna and equipment building at Delhi Park, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment recognizing $38,800 in the Capital Outlay Fund Miscellaneous Recovery account (no. 05102002 57010) and appropriate same to the Capital Outlay Fund Improvements Other than Buildings Expenditure account (no. 05113263 66220). 3. Receive and file Categorical Exemption for Environmental Review No, 2010 -30 (Delhi Park). BOARD OF RECREATION AND PARKS Recommended approval of lease agreement with T- Mobile West Corporation for cellular equipment building and monopalm cell tower at Delhi Park, at their meeting of April 28, 2010, by vote of 4:0:3. DISCUSSION T- Mobile is requesting approval of a lease agreement to install a 65 foot monopalm with cellular antenna at 60 feet in Delhi Park. The lease agreement with T- Mobile West Corporation is for 636 square feet of lease space for the equipment building and cell tower area. T- Mobile will build the equipment building and plant (2) palm trees on the west side of Delhi Park ball field (see Exhibit 1). 25A -1 Lease Agreement with October 18, 2010 Page 2 T- Mobile West Corporation at Delhi Park The lease agreement is for 10 years, with three 5 year extension options in the amount of $2,400 per month ($28,800 per year). The agreement provides for a rate increase of 4% per year throughout the term of the lease. In addition T- Mobile has agreed to submit a one time $10,000 payment as soon as the lease is signed. The $10,000 payment will be deposited in a special account for deferred maintenance improvements at Delhi Park. The annual $28,800 lease payment will be deposited in the General Fund for payment of the landscape maintenance contracts in City parks. T- Mobile will provide all the proper insurances and obtain the necessary City permits prior to construction. Three presentations were made to the neighborhood association and OCCCO on T- Mobile's proposal. Questions were mainly focused on health /safety issues which were addressed by T- Mobile's representatives. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempted from further review. Categorical Exemption Environmental Review No. 2010 -30 (Delhi Park) will be filed for this project. FISCAL IMPACT This appropriation adjustment will recognize $28,800 and the $10,000 onetime payment in the Capital Outlay Fund Miscellaneous Recovery account (no. 05102002 57010) and appropriate same to the Capital Outlay Fund Improvements Other than Building Expenditure account (no. 05113263 66220) for landscape maintenance of City parks. Gerardo Mouet, Executive Director Parks, Rec. and Com. Svcs. Agency Exhibit: 1. Map 2. Agreement APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Mgt. Svcs. Agency 25A -2 LAND LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND T- MOBILE WEST CORPORATION for DELHIPARK This Agreement, made this day of 2010, between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter designated "LESSOR" and T- Mobile West Corporation, a Delaware corporation, hereinafter designated "LESSEE ". The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties ". I. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property commonly known as Delhi Park (the entirety of LESSOR's property is referred to hereinafter as "the Property" and a legal description of the Property is attached hereto as Exhibit "A"), Iocated at 730 E. Warner Ave., Santa Ana, CA 92707, and being described as a twenty-two foot (22') by twenty foot (20') space on the ground containing four hundred forty (440) square feet for LESSEE's radio equipment cabinets, a fourteen foot (14') by fourteen foot (14') space on the ground containing one hundred ninety -six (196) square feet for LESSEE's tower, and space required for cable runs to connect LESSEE's equipment and antennas, together with the non - exclusive right for ingress and egress from and to the nearest public right -of -way, seven (7) days a week, twenty -four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or within the building to the demised premises, said demised premises and access and utilities paths (hereinafter collectively referred to as the "Premises "} for access being substantially as described herein in Exhibit "B" attached hereto and made a part hereof. 2. SURVEY . LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey along with detailed site plans shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A ". Costs incurred for such work shall be borne by LESSEE. 3. TE . This Agreement shall be effective as of the date of execution by both parties, provided, however, the initial term shall be for ten (10) years and shall commence on the Commencement Date (defined below). 4. RENT. After the Commencement Date, rental payments will be due in an annual rental amount of twenty -eight thousand eight hundred dollars ($28,800.00) to be paid in equal monthly installments of two thousand four hundred dollars ($2,400.00) per month on the fast day of the month, in advance, to LESSOR or to such other person, firm or place as the LESSOR may, from time to tune, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall commence on the first day of the month following the issuance of the building permit for LESSEE's Facilities (as defined below), or the first day of the month that is six (6) months after the full execution of this Agreement or the first day of the month following the date LESSEE commences installation of LESSEE's Facilities on the Premises, whichever occurs first ( "Commencement Date"). If rent is not paid within fifteen (15) days after the due date and provided LESSOR has complied with all applicable notice and cure provisions herein, LESSEE agrees to pay a late charge equal to six percent (6%) of the then - current monthly rent. Rental amounts attributable to partial months shall be prorated on a daily basis. 5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental increase of four percent (4a /o) per year, to be increased on each anniversary of the Commencement Date. 6. INITIAL PAYMENT. LESSEE hereby agrees to pay to LESSOR a one -time, non - recurring, non- refundable payment equal to ten thousand dollars ($10,000.00), within thirty (30) days after the Commencement Date. Notwithstanding the above, LESSOR shall refund LESSEE the initial $10,000.00 payment in the event LESSEE is unable, due to the sole fault and unreasonable delay of LESSOR, to obtain all Approvals necessary to construct LESSEE's Facilities, within six (6) months alter the full execution of this Agreement. 7. EXTENSIONS. The Lease Agreement may be extended for up to three (3) additional five (5)- year terms (each a "Renewal Term "). Each Renewal Term shall be on the terms and conditions as set forth herein as follows: EXHIBIT 2 Site #: LA33836B Site Name: Delhi Park Date: 0611 WO 10 (i) Six (6) months prior to the expiration of the initial term, if LESSOR, in its reasonable discretion determines that LESSEE's continued tenancy is not in conformity with LESSOR's intended use of the Property, LESSOR shall provide written notice to LESSEE that the Lease will not be extended. (ii) Thereafter, each subsequent renewal shall be subject to the following procedure: If LESSEE determines that it desires to extend the tercet LESSEE shall provide written notice six (6) months prior to the end of the then - current term. Within sixty (60) days of receipt of LESSEE's notice, LESSOR shall determine whether such extension is in LESSOR's best interest and, if not in LESSOR's interest, LESSOR shall deny such extension request. If LESSOR does not respond within sixty (60) days, the lease is deemed renewed for an additional Renewal Term. If neither party provides notice as set forth above, the lease shall continue on a month -to -month basis. 8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or local authorities as well as satisfactory soil boring tests which will permit LESSEE's use of the Premises as set forth herein. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action, which would adversely affect the status of the Property with respect to the proposed use by LESSEE. Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LESSEE's Facilities (defined below) and for the purpose of preparing for the construction of LESSEE's Facilities. In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE will be unable to use the Premises for its intended purposes or LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties shall have no further obligations including the payment of money, to each other. 9. APPROVAL OF PLANS. Prior to commencing construction of LESSEE's Facilities (defined below), LESSEE shall obtain LESSOR's approval of LESSEE's work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within fifteen (15) working days of LESSOR's receipt of LESSEE's work plans. If LESSEE does not receive such approval or request for changes in writing within such fifteen (15) working day period, LESSOR shall be deemed to have approved the plans. LESSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LESSEE's plans. 10. USE84AINTENANCE. LESSEE may use the Premises for any lawful activity in connection with the provisions of mobile/wireless communications services, including without limitation, the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance, and operation of related communications facilities. Accordingly, LESSEE shall have the right to construct, maintain, install, repair, and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ( "LESSEE's Facilities'). All improvements shall be at LESSEE's sole expense and the installation of all improvements shall be at the discretion and option of LESSEE, with LESSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LESSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 9 above, and LESSEE agrees to submit architectural and engineering drawings ( "Plans ") of the equipment to be installed. LESSEE agrees that the installation and maintenance of LESSEE's Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise LESSEE's Facilities for the purpose of repairing or upgrading the communications capabilities of LESSEE's Facilities, with notice to LESSOR, Site #: LA3383 B 2 Site Name: Delhi Park Date: 06/18/2010 2 %901A_%-_4W so long as the equipment, cables or antennas remain within the original physical parameters of the Premises. LESSEE shall not make any substantive physical and/or aesthetic changes to the Premises without the prior approval of LESSOR which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 13 contained herein below. LESSEE shall be responsible for the cost of any and all damage to the Property including but not limited to concrete and/or asphalt, buildings and/or appurtenances causal by LESSEE. LESSOR at its discretion may require LESSEE to repair and or replace said damages or contract for said services and bill LESSEE. The cost of said repairs can be subtracted from any deposits retained by LESSOR. LESSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law. LESSEE's Facilities shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. LESSOR shall provide LESSEE, LESSEE's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a weak, at no charge to LESSEE. LESSOR represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to LESSEE to the extent required to construct, maintain, install and operate LESSEE's Facilities on the Premises, and to remove them therefrom. LESSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LESSOR. Except in cases of emergency, LESSEE agrees to provide twenty-four (24) hours notice to LESSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the repainting of LESSEE's Facilities, such maintenance must be completed by LESSEE within thirty (30) days. 11. 1LYI3EWIFICATION. A. LESSEE's Indemnity. LESSEE shall indemnify, defend and hold LESSOR, its officers, employees, successors and assigns harmless from and against any and all Ioss, cost, claim, liability ( "Claims ") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSOR, its officers, agents, employees, successors, assigns, or contractors; (ii) violation of law by LESSOR, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSOR under this Agreement; or (iv) any condition relating to the Premises which LESSEE has no obligation to repair or maintain. B. LESSOR's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ( "Claims ") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSOR, its officers, agents, employees, or contractors, including, but not limited to City Business as defined in Section 17 below, except for Claims arising out of (i) the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors; (ii) violation of law by LESSEE, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSEE under this Agreement; or (iv) any condition relating to the Premises which LESSOR has no obligation to repair or maintain. A. In accordance with the provisions of Section 3300 of the Labor Code, if LESSEE has any employees it is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing performance of this Agreement, LESSEE agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If LESSEE has no employees, nor workers' compensation coverage, it must execute a Declaration available from LESSOR, and update as is necessary. B. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per- occurrence. Such insurance shall: (1) name LESSOR, its officers, agents, representatives, employees and volunteers as additional insureds (see sample Exhibit C); (2) be primary with respect to insurance or self - insurance programs maintained by LESSOR, except claims resulting from LESSOR's negligence or misconduct; (3) contain standard separation of insured's provisions; and (4) give to LESSOR prompt and timely notice of claim made or suit instituted arising out of LESSEE's operations hereunder. Site #: LA33836H Site Name: Delhi Perk Date: 06/18/2010 LESSEE shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to LESSOR which shall clearly evidence all coverages required above; (b) provide that such insurance shall not have its required limits reduced or terminated except on thirty (30) days prior written notice to LESSOR; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. 13. INTERFERENCE. LESSEE's Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date this Agreement is fully executed ( "Pre- Existing Communications" }, or public safety communication operations, as may be upgraded periodically, and LESSEE's Facilities shall comply with all non - interference Hiles of the Federal Communications Commission ( "FCC "). LESSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LESSEE's use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party causing any alleged interference and/or immediately terminate this Agreement. Notwithstanding the foregoing, Pre- Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LESSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wimless or radio communications facilities to comply with the provisions of this Section and shall obtain LESSEE's written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LESSEE's consent may be withheld if interference with LESSEE's transmissions, receptions, operations, or use of frequency will result due to such use, whether or not such interference is with LESSEE's frequencies or otherwise. The City Manager shall determine whether consent is unreasonably withheld and may require LESSEE to consent subject to the above conditions. In the event of any interference with LESSOR's public safety communications operations, LESSEE shall have twenty-four (24) hours after receipt of notice to cure the interference, and if LESSEE fails to do so, LESSOR has the right to require that LESSEE cease operating LESSEE's Facilities (except for intermittent testing to determine the source of the interference) until LESSEE is able to recommence operations without causing such interference. If LESSEE's Facilities interfere with LESSOR's public safety communications operations during an emergency, LESSOR may require that LESSEE immediately cease operating LESSEE's Facilities and if LESSEE fails to do so, LESSOR has the right to shutdown the electricity supply to LESSEE's Facilities. LESSEE shall reimburse LESSOR for any actual, reasonable costs that LESSOR incurs to cure any interference with LESSOR's public safety communications operations caused by LESSEE's Facilities. 14. REMOVAL UPON TERMINATION. LESSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove all of LESSEE's fixtures and all personal property and otherwise restore the Premises substantially to its original condition, at LESSEE's sole expense, reasonable wear and tear, and casualty excepted. Underground conduits, foundations and equipment /storage buildings may remain at LESSOR's option. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. If such time for removal causes LESSEE to remain on the Premises past the aforementioned ninety (90) day period after the expiration or earlier termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro -rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. Antenna support structure and all utilities cabling and wiring shall remain at LESSOR's option in its as-is condition. 15. RECORDING AND QUITCLAIM DEED. If requested by LESSEE, LESSOR agrees promptly to execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit "F ". LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of LESSEE's interest in the Property upon the expiration or termination of this Agreement. 16. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of the portion of this Property underlying the right -of -way herein granted shall be under and subject to the right of LESSEE in and to such right -of -way. LESSOR shall obtain for the benefit of LESSEE a reasonable non - disturbance agreement from the present and any future mortgagee(s) or holder(s) of a deed of trust confirming that LESSEE's right to quiet Site il: LA33836B 4 Site Name: Delhi Park Date: 06/18/2010 possession of the Premises during this Agreement shall not be disturbed, so long as LESSEE is not in default under this Agreement. 17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall have the right and privilege to conduct City Business on the Property, as necessary. "City Business" shall include, but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City sponsored events, located near the Premises, so long as the City Business does not interfere with or impair the operation of LESSEE's Facilities. 18. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, judgments or impediments of title on the Property or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth above. 19. NO LI . LESSEE will not permit any mechanics' or materialmen's liens on the Property for any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its own expense. If LESSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. 20. MISCELLANEOUS LESSEE RESPONSIBILITIES. A. Maximum Permissible Exposure — LESSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ( "MPE') and other related health issues directly applicable to its operation of LESSEE's Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LESSEE's indemnity contained herein, LESSEE, on behalf of itself and its successors and assigns, shall indemnify LESSOR from and against all claims of personal injuries due to violation of MPE to the extent such personal injuries are actually caused by LESSEE's Facilities on the Premises. B. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to the Premises necessitated to keep the Premises safe. LESSOR may require LESSEE to make repairs to and/or replace damaged equipment of LESSEE's Facilities and/or any parts thereto regardless of fault (including but not limited to damage caused by vandalism or acts of god not later than one (1) week after said damage is reported to LESSEE, except for damage caused by LESSOR. This time period may be extended with written authorization from the City Manager. In the event such authorization is not given and repairs are not made in one week, LESSOR may cause such repairs to be made including making said repairs and/or hiring a consultant to make said repairs. LESSOR may charge LESSEE for the cost of said services. Damage caused by graffiti shall be removed within forty -eight (48) hours notification to LESSEE by LESSOR. If said graffiti is not removed within the 48 -hour period, City may remove said graffiti and bill LESSEE for the cost of services. C. LESSEE shall pay all personal property taxes assessed directly against its equipment and all increases in LESSOR's real property taxes or assessments directly attributable to installation of LESSEE's equipment or LESSEE's use of the Premises, within sixty (60) days after receipt of satisfactory documentation indicating calculation of LESSEE'S share of such real estate taxes and proof of payment provided that such amounts are in fact due within the said sixty (60) -day period. LESSEE has the right to challenge any unreasonable tax assessment. D. LESSOR grants LESSEE the right to obtain utilities for the operation of LESSEE's Facilities. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE for its use of the Premises. LESSOR shall cooperate with LESSEE in its efforts to obtain utilities from any location provided by LESSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. E. LESSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and tear excepted. Site #: LA33936B S Site Name: Delhi Park Date: 06/18/2010 21. EMERGENCY USE OF SITE. LESSEE shall make available to the police, fire and emergency services of the City of Santa Ana space on its communications tower at no cost to LESSEE or said entities, subject to structural analysis. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LESSEE's communications operations. As to any future subleases, their respective installations will be permitted only at such locations that will not cause interference with LESSEE or LESSOR and the City's operations. The City entities will be afforded 24-hour access to its equipment at the Property. In addition, the City will be provided glower backup" by LESSEE, if available at the Premises. 22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 23. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County. 24, ATTORNEYS' FEES,. The substantially prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. SMEEF.wMaur ._. i_. IOXW—• �l A. LESSEE will not assign or transfer this Agreement without the prior written consent of LESSOR, which consent will not be unreasonably withheld, delayed or conditioned, provided, however, that LESSEE shall have the right to assign its rights under this Agreement, to any of LESSEE's (i) partners, parents, subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of LESSEE's FCC authorization for the geographic area in which the Premises are located or of majority of LESSEE's network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LESSEE's property. B. LESSEE acknowledges and agrees that the City policy is to provide for co-location on communication tower facilities and will reasonably facilitate any co- location subject to the conditions outlined in Paragraph 13 (INTERFERENCE). LESSEE fiuther agrees that LESSOR shall retain ownership of any further lease rights with respect to space for additional communication facilities on the Property, other than the Premises which is already leased to Lessee. Further, regarding co-location/subleasing space on LESSEE's tower, LESSEE shall enter into a Tower Lease Agreement, or sublease, subject to all permits and approvals from all governmental agencies having jurisdiction thereover, with a future tower co- location user, subject to (i) LESSEE's right to require any such future co-location user to reimburse LESSEE for a pro-rata share of the costs of the tower and its installation, and (ii) LESSOR receiving eighty percent (80%) of the tower rent received by LESSEE. LESSEE shall provide for LESSOR's consent on any Tower Lease Agreement, or sublease and affidavits stating the sublease rent. The Party's intent in allowing LESSEE to collect rent and a pro-rata reimbursement of costs is to provide a means by which LESSEE can recoup its cost of construction and maintenance of said tower facilities on a pro-rata basis with subsequent users. The Parties intend that LESSOR, and not LESSEE, should benefit financially, from any future tower co- location agreement. Any future carrier or co- locator shall enter into a separate ground lease agreement with the City. 26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): Site #: LA3383613 Site Name_ Delhi Park Date: 06/I8/20I0 7'+_ Al M LESSOR: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 Courtesy City of Santa Ana — Office of the City Attorney Copies to 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 LESSEE: T- Mobile USA, Inc. 12920 SE 38" Street Bellevue, WA 98006 Attn: PCS Lease Administrator, Site #: LA33836B With a copy to: Attn: Legal Dept. Copy to: T- Mobile West Corporation 2008 McGaw Avenue Irvine, CA 92614 Attn: Lease Administration Manager, Site #: LA33836B Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above. 27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors, administrators and assigns of the Parties hereto. A. Anytime within the initial term, LESSOR shall have the right to cause LESSEE to relocate LESSEE's Facilities to alternate space on the Property; provided however, that such relocation shall (1) be at LESSOR's cost and expense which shall be limited to reasonable expenses of moving and re- installing the tower structure and accompanying equipment, including the cost of City permits and fees which LESSOR may legally pay, (2) be performed by LESSEE or its agents, (3) not result in any interruption of the communications service provided by LESSEE on the Property, (4) not impair, or in any manner alter, the quality of communications service provided by LESSEE on and from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LESSEE's Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LESSOR, to operate and maintain LESSEE's Facilities. B. LESSOR shall exercise its relocation right under subsection A above by (and only by) delivering written notice (the "Notice'l to LESSEE. In the Notice, LESSOR shall propose an alternate site within or on the Property to which LESSEE may relocate LESSEE's Facilities. LESSEE shall have sixty (60) days from the date it receives the Notice to evaluate LESSOR's proposed relocation site, during which period LESSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails to disapprove of such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to have approved such proposed relocation site. If LESSEE disapproves such relocation site, then LESSOR may thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site which LESSOR and LESSEE agree upon in writing shall be referred to as the "Relocation Site." LESSEE shall have up to twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate LESSEE's Facilities to the Relocation Site. Upon relocation of LESSEE's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE, and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises. Except as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE's Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. Site #: LA339368 Site Name: Delhi Park Date: 06718/2010 KA C. Should the parties fail to agree on a suitable Relocation Site, LESSOR may pay LESSEE the depreciated value for LESSEE's Facilities and equipment, based on a ten -year lease period. 29• DEFAULT. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, the non - defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non - monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non - defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Section. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. A. LESSEE shall not bring any Hazardous Materials onto the Premises/Property, except for those contained in its back -up power batteries and common materials used in telecommunications operations. f4Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat and dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with all federal, state and local laws and regulations. B. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of LESSEE. C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (including but not limited to payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: (i) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from conditions caused by LESSEE; and (ii) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has not commenced the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. If LESSEE decides not to terminate this Agreement, Rent shall be abated proportionally to the reduction of use. 32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may terminate this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LESSEE under condemnation law (but not Site #: L.A33836B Site Name: Delhi Park Datc: 06/18/2010 for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 33, SUBMISSION Of LEASE. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. 34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described herein in accordance with applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of the Premises. 35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance subsequent to the termination, or expiration of this Agreement shall also survive such termination or expiration. 36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS. To the extent that such rules are not inconsistent with or do not interfere with LESSEE's rights herein, LESSEE agrees to abide by all rules and regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D, attached hereto, as the same may be changed from time to time upon reasonable notice to LESSEE. These rules and regulations are specific to the Facilities site and are imposed to insure the proper maintenance, good order and reasonable use of the Premises and Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto. 38. POWERING DOWN DURING MAINTENANCE I REPAIR. LESSEE agrees that during all maintenance on the Communications Facility by the LESSOR or other lessees or users of the Facility, while following the procedures and guidelines set forth by the Occupational Safety and Health Administration (OSHA) and the FCC implementing the National Environmental Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards promulgated by a governmental authority having jurisdiction over LESSEE) due to radiation, the effected transmitters of LESSEE will be turned off until the unsafe condition no longer exists. The earliest practicable notice will be given to LESSEE using the information in Exhibit E, as applicable. 39. TERMINATION. A. Compelled Termination: If, during the lease term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LESSEE's operations that LESSEE's use of the Premises poses a human health hazard which cannot be remedied and that LESSEE must cease all operations on the Premises, then LESSEE shall immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination which is final and non - appealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding that LESSEE's use as set forth in this Agreement presents a material risk to the public health or safety and that LESSEE must cease all operations on the Premises, LESSOR may terminate this Agreement upon fourteen (14) days notice to LESSEE. B. Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if (i) LESSEE does not obtain all permits, consents, easements, non - disturbance agreements or other approvals (collectively "approval ") reasonably desired by LESSEE or required from any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LESSEE's Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE, or (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or Site #: L.A33836B 9 Site Name: Delhi Park Date: 06/1&2010 1 �1 (iii) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) above or (iii) above as the result of LESSOR's default. C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to cure as set forth in Section 29. t u -. - - -I __ S A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and each party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. C. LESSOR shall not have unsupervised access to LESSEE's equipment and LESSEE's Facilities, except in cases of exigent circumstances or emergency situations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: LAURA SHEEDY Assistant City Attorney LESSEE: T -MOBIL T CO TION By: Name: Its: Chrl$Wpher Eldri Date: Dkedar of FLOW" Dev. 2.(C- Approved as to rorm snis B. Dao COrPmte Counsel Site #: LA33836B 10 Site Name: Delhi Park Date: 06/18/2010 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY APN: 016- 090 -22 All that certain real property located in the County of Orange. State of California, being more particularly described as follows: BLOCK 1 AND LOT 1 IN BLOCK 2 OF TRACT NO. 39, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 37 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 3 OF SAID TRACT NO. 39; THENCE EAST ALONG THE SOUTH LINE OF SAID BLOCK 3 AND ALONG THE NORTH LINE AND EXTENSION OF BLOCK 4 IN SAID TRACT NO. 39, A DISTANCE OF 534.55 FEET, THENCE NORTH 00 22' 25" WEST 569.16 FEET; THENCE WEST, PARALLEL TO 30.00 FEET SOUTHERLY FROM THE CENTERLINE OF DELHI ROAD, NOW KNOWN AS WARNER AVENUE, A DISTANCE OF 150.00 FEET; THENCE SOUTH 0° 22'25" EAST 386.60 FEET; THENCE WEST ALONG THE NORTH LINE AND ITS EASTERLY EXTENSION OF SAID BLOCK 3, A DISTANCE OF 37234 FEETTO A NON - TANGENT CURVE; THENCE FROM A TALENT WHICH BEARS SOUTH 50 22'35" WEST, SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 975.04 FEET THROUGH A CENTER ANGLE OF S° 00' WAN ARC DISTANCE OF 85.09 FEET; THENCE SOUTH 0° 22'25" EAST 98.29 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN 3.56-ACRE PARCEL OF LAND AS SHOWN ON A MAP FILED IN BOOK 27, PAGE 30 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 0° 22'25- EAST 20.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 50.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF WARNER AVENUE AND THE TRUE POINT OF BEGINNING; THENCE EAST LONG SAID PARALLEL LINE A DISTANCE OF 140.00 FEET; THENCE SOUTH 130.00 FEET; THENCE WEST 60.00 FEET; THENCE SOUTH 440 30' 35" WEST 112.17 FEET TO A POINT ON THE EASTERLY LINE OF SAID 3.56-ACRE PARCEL OF LAND; THENCE NORTH 00 22'25" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 210.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF CENTRAL AVENUE AND HALLADAY STREET, AS SHOWN ON SAID MAP OF TRACT NO. 39; THENCE NORTH 340.00 FEET; THENCE WEST 320.00 FEET; THENCE SOUTH 340.00 FEETTO A POINT IN THE CENTERLINE OF SAID CENTRAL AVENUE; THENCE EST ALONG SAID CENTERLINE 320.00 FEET TO THE POINT OF BEGINNING. APN: 016 - 090 -22 LESSOR INITIALS: LESSEE INITIALS: Site #: LA33836B Site Name: Delhi Park Date: 06/18/'2010 II _-- �..:�.A� EXHIBIT B LEGAL DESCRIPTION OF THE PREMISES SITE PLANS/ DESCRIPTIVE RENDERINGS However, it is expressly agreed and understood by and between the LESSOR and LESSEE that the exact and precise location of the LESSEE's Facilities are subject to review and approval by the planning and/or zoning Boards having jurisdiction over the "Premises ". Therefore, it is expressly agreed and understood by and between LESSOR and LESSEE that the precise location of the Premises as shown on Exhibit "B" may be modified by the LESSEE in order to comply with and obtain necessary planning and/or zoning approvals, and any and all other approvals necessary for LESSEE's intended use of the property. "Ile Premises as described herein may therefore be modified by the LESSEE to reflect the final engineering design. An amended Exhibit "B" (if necessary) will be provided by the LESSEE and attached to the lease in place of the existing Exhibit "B ", a copy of which will be provided to the LESSOR for review prior to being incorporated into the Agreement. See the attached drawings dated 02/26/10, Sheets A -1, A -2, A -3, & A-4, identified with Site Information: Delhi Park, LA33836B. In addition to the approximately 636 square feet depicted on the attached drawings for LESSEE's equipment, the Premises also includes space for coax and cable runs to connect the radio equipment and antennas. LESSEE INITIALS: UK LESSOR INITIALS: Site N: LA33836B Site Name: Delhi Park Date: 06/18/2010 12 r�� n MI I 10 all ti F-F ob 4— 77! 44 P— e, rz - I . n. — — —V.- "' -- 'Ll' ' — ' — 11-1- "! — , rt ift 01 r Am %#F%- I %# oil 4. t ul A 1111 Oil I F-11 I RR j�� Z�A IP �gg r' I h Jill 1111p, foil. 0111 I fit!. rm rmz tree Derr .ear a 01 -7 � i�� Its 8 e [fill F` w ■ Nil 0 k g lie I t le rr tm to wrww ir�r -� msai o oer� r x.0 meow awim•e a■aW,n r a .w eriwo. aweRa mfwror . wem as x.�e rem/ "w 4 mimed r rwa a xn wwr w a a to - e..rw awwx ara r eoaw m rle �. nsnnwusiw awe. -e a1� / aware mr r ra m r nsrM.oer awes arse r rt ai �m errrr mavr r rt a s 1l EXHIBIT C ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative Site #: LA33836B Site Name: Delhi Park Date: 06/18/2010 13 EXHIBIT D PROPERTY SPECUIC ACCESS RULESJREGLILATIONS 1. LESSOR shall have the unilateral right and privilege to undertake all normal items and operations associated with the current use of the Property, including, but not limited to public events and City business, which may include high powered electric lights and food services, arrange for the televising of any public event to be held at the Property, and ability to contract with other interested parties. 2. City business may also include minor landscaping, minor maintenance and minor construction proximately located near the Premises, so long as the City business does not interfere with or impair the operation of LESSEE's Facilities. 3. LESSEE's access to the Premises shall be limited when the Premises is being used for a public event, and the four (4) hours before and after any such event. LESSEE will obey any procedures set by LESSOR regarding notification before visiting the Premises, checking in on -site, parking, gates, etc. Site #: LA33836B 14 Site Name: Delhi Park Date: 06/19/2010 1� W19 i EXHIBIT E CONTACT INFORMATION: LESSOR'S TECHNICAL CONTACTS: Name: Santa Anna Parks, Recreation and Community Services Agency 1. Ron Ono Address: 20 Civic Center Plaza (M -23) Santa Ana, CA 92702 Daytime Phone No.: Ron: (714) 571 -4220 Facsimile No.: (714) 571 -4209 24 -Hoar Contact No.: Dispatch Center: N/A LESSEE'S TECHNICAL CONTACTS: Name: 1. Robert Norton 2. Luis Gonzales Address: 2008 McGaw Avenue Irvine, CA 92614 Daytime Phone No.: (714) 850 -2403 Facsimile No.: (714) 850 -6620 24 -Hour Contact No.: N.O.C. (888) 662 -4662 Dispatch Center: N.O.C. (888) 662 -4662 Site #: LA33836B 15 Site Name: Delhi Park Dote: 061 18not 0 "I auLy-le THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of 2010, by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "Lessor ") and T- Mobile West Corporation, a Delaware corporation ( "Lessee "). WITNESSETH: That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain real property (the "Property") in the State of California, County of Orange, City of Santa Ana commonly known as 730 E. Warner Ave., a legal description of which is shown in Exhibit ,A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded Land Lease Agreement by and between Lessor and Lessee dated by Lessor , 2010, and incorporated herein by reference (the "Agreement ") for an initial term of ten (10) years, commencing on the Commencement Date, as defined in the Agreement, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the Agreement. The Agreement provides for grant of non- exclusive right of way for rights of access to the Property and to electrical and telephone facilities serving the Property. IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written. LESSEE: T- Mobile West Corporation, a Delaware corporation By: Name: Title: Date: Address: 2008 McGaw Avenue Irvine, CA 92614 Attn: Lease Administration Manager, Site #: LA33836B LESSOR: City of Santa Ana By: Name: DAVID N. REAM Title: City Manager Date: Address: 20 Civic Center Plaza Santa Ana, CA 92702 [FORM DOCUMENT, PLEASE INITIAL ONLY - NOT FOR EXECUTION] LESSEE INITIALS:3� _ LESSOR INITIALS: Site #: LA33836B 16 Site Name: Delhi Park Date: 06/18/2010 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: T- Mobile West Corporation 2008 McGaw Avenue Irvine, CA 92614 Attn: Property Management Site #: LA33836B MEMORANDUM OF LAND LEASE AGREEMENT THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of 20_, by and between City of Santa Ana, a charter city and municipal . corporation organized and existing under the Constitution and laws of the State of California ( "Lessor") and T- Mobile West Corporation, a Delaware corporation ( "Lessee "). WITNESSETH: That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain real property (the "Property ") in the State of California, County of Orange, City of Santa Ana commonly known as 730 E. Warner Ave., Santa Ana, CA 92707, a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded Land Lease Agreement by and between Lessor and Lessee dated by Lessor , 20_, and incorporated herein by reference (the "Agreement ") for an initial term of ten (10) years, commencing on the Commencement Date, as defined in the Agreement, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the Agreement. The Agreement provides for grant of non - exclusive right of way for rights of access to the Property and to electrical and telephone facilities serving the Property. [SIGNATURE PAGE FOLLOWS] Site #. LA33836B Site Name: Delhi Park Date. 04/24/2010 IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written. LESSEE: 'F-Mobile )Wci§tgorporatioq,.aDelaware corporation By: I 'A- A A Name: — \ Title: owwpher Eldrwl� Date: I*Sdm-r of r' r" Address: 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 Attn: Lease Administration Manager, Site #: LA33836B LESSOR: City of Santa Ana By: Name: DAVID N. REAM Title: City Manager Date: Address: 20 Civic Center Plaza Santa Ana, CA 92702 Site #. LA3383611 Site Nwm: Delhi Park Date. 04292010 2 Approved as to form I Tents S. Doo Corporate Counsel EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY APN: 0 16-090-22 All that certain real property located in the County of Orange, State of California, being more particularly described as follows: BLOCK 1 AND LOT I IN BLOCK 2 OF TRACT NO. 39, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 37 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 3 OF SAID TRACT NO. 39; THENCE EAST ALONG THE SOUTH LINE OF SAID BLOCK 3 AND ALONG THE NORTH LINE AND EXTENSION OF BLOCK 4 IN SAID TRACT NO. 39, A DISTANCE OF 534.55 FEET; THENCE NORTH 01 22' 25" WEST 569.16 FEET; THENCE WEST, PARALLEL TO 30.00 FEET SOUTHERLY FROM THE CENTERLINE OF DELHI ROAD, NOW KNOWN AS WARNER AVENUE, A DISTANCE OF 150.00 FEET; THENCE SOUTH 00 22'25" EAST 386.60 FEET; THENCE WEST ALONG THE NORTH LINE AND ITS EASTERLY EXTENSION OF SAID BLOCK 3, A DISTANCE OF 372.34 FEETTO A NON - TANGENT CURVE; THENCE FROM A TANGENT WHICH BEARS SOUTH 50 22' 35" WEST, SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 975.04 FEET THROUGH A CENTER ANGLE OF 50 00' 00" AN ARC DISTANCE OF 85.09 FEET; THENCE SOUTH 0° 22' 25" EAST 98.29 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN 3.56 -ACRE PARCEL OF LAND AS SHOWN ON A MAP FILED IN BOOK 27, PAGE 30 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 00 22'25" EAST 20.00 FEETTO A POINT ON A LINE PARALLEL WITH AND 50.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF WARNER AVENUE AND THE TRUE POINT OF BEGINNING; THENCE EAST LONG SAID PARALLEL LINE A DISTANCE OF 140.00 FEET; THENCE SOUTH 130.00 FEET; THENCE WEST 60.00 FEET; THENCE SOUTH 440 30'35" WEST 112.17 FEET TO A POINT ON THE EASTERLY LINE OF SAID 3.56 -ACRE PARCEL OF LAND; THENCE NORTH 0° 22'25" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 210.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LINE: BEGINNING ATTHE INTERSECTION OF THE CENTERLINES OF CENTRAL AVENUE AND HALLADAY STREET, AS SHOWN ON SAID MAP OF TRACT NO. 39; THENCE NORTH 340.00 FEET; THENCE WEST 320.00 FEET; THENCE SOUTH 340.00 FEETTO A POINT IN THE CENTERLINE OF SAID CENTRAL AVENUE; THENCE ESTALONG SAID CENTERLINE 320.00 FEET TO THE POINT OF BEGINNING. APN: 016 - 090 -22 (a-" Site #: LA33836B 3 Site Name: Delhi Pork Date: 04/292010 _ _ C AG �_ State of California County of.—_—. On before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: State of California County of On before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized eapacity(ies), and that by his/herhtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Site k: LA33836t3 Site Name: Delhi Park Date: 04129(2010 140AILAt-LKY -- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT" _ State of California ti County of hCA OJ J_� On q , r► Iv before me, ' dru /9/,;,C- j�l., ND�Cr i t"hru� _.� Personally appeared ago` Ma1M(t} a avatar _ - — .. p. CODRUTA AUM BES010 COMM, #1855547 �p � cow Cyr ot>Hry u► j My Comm Expires June 2e, 701 s " who proved to me on the basis of satisfactory evidence to be the persort(ej whose name(s) is�anrtubscribed to the within instrument and acknowledged to me that hef 4&*,ey executed the same in his/#lerF iF authorized CaPaCit�, and that by hisJk� signature(i+on the instrument the person(a)s or the entity upon behalf of which the person ( s} - acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws Of the State of California that the foregoing paragraph is true and correct, WITNESS my ptwo NvArr Sea, Ab*�# FnPSL Signature OPTIONAL Though the inAorntarton below is not requ +red by 1",, it a•^rd could PrewN ftudLdenr ramomf and reattschmenl a, th srs form anof dnocurnent. document Description of Attached Document Title or Type of Document: MO L /�,338 36 73 Document Dale: Number of Pages: '3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: = Individual Signer's Name: ❑ Corporate Officer — Tille(s): r- Individual Partner — Limited CJ Genera! _ Corporate Officer — Title(s): = ❑ Attorney in Fad Partner — 0 limited = General Trustee TOD -q t' -wnb ere 7 Attorney in Fact ❑ Guardian or Conservator = Trustee Too al th_lrb hwe Other: ' ' Guardian or Conservator � = Other: _ Signer Is Representing: �! Signer Is Representing:__�i_ I t 2oC7 Nab-&' 5 yJOW .w 13i.:rbrn•yy5,(,i De 5c" AVa.P.OBo: 2aa2•Cna�vnrm,CA ~ 2 ;3t�f.ui•wws..NStgnary �� aaryorq dnm +54a� Repder- G6TatiFrse4- FiiA- o16ed2J aLAIIKOO� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010-10 FOR THE PROPERTY LOCATED AT 2127 NORTH GREENLEAF STREET L� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Melvin G. and Catherine W. Ladd, property owners, for the structure located at 2127 North Greenleaf Street, subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Melvin G. and Catherine W. Ladd, property owners, for the structure located at 2127 North Greenleaf Street, subject to non - substantive changes approved by the City Manager and City Attorney at its October 7, 2010 meeting by a vote of 5:0 (O'Callaghan absent). DISCUSSION After the public hearing on October 7, 2010, 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. 2010 -10 November 15, 2010 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $50.29 to $251.45 annually, for a period of not less than ten years. Jay . Trevino Executive Director Planning & Building Agency HS:rb hs\historic info \mills act agreements \2127_N_Greenleaf\hppal0 -10.cc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency k Exhibit: A. Historic Resources Commission Staff Report i REQUEST FOR Historic Resources Commission Action OCTOBER 7, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -10 FOR THE PROPERTY LOCATED AT 2127 NORTH GREENLEAF STREET Prepared by Hally Soboleske rr APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planning Mana46r RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Melvin and Catherine Ladd, property owners, for the structure located at 2127 North Greenleaf Street subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Melvin and Catherine Ladd, request the approval of Historic Property Preservation Agreement No. 2010 -10 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Tudor Revival styled residence located at 2127 North Greenleaf Street and is within the Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). 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 for 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. i W_:S] HPPA No. 2010 -10 October 7, 2010 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 as the E.B. Smith House and categorized as Contributive in July 2010 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). 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 under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. Rally Sobo1JKke Associate Planner HS:jm hslhistoric info\mills act agreements\2127— N_Greenleaflhppal0- 10.100710.hrc 25B -4 HPPA_2010 -10 2127 North Greenleaf Street PLANNING AND BUILDING AGENCY EXHIBIT 1 25B -5 2220 221s 2226 2 2211 2216 F M r 2r 212 12 211 21pk jou 71121 2i�a JON 20rI 71121 24?i 2022 r 500' RADIUS HPPA_2010 -10 2127 North Greenleaf Street PLANNING AND BUILDING AGENCY EXHIBIT 1 25B -5 I � �� EXECUTIVE SUMMARY E.B. SMITH HOUSE 2127 North Greenleaf Street Santa Ana, CA 92706 NAME E.B. Smith House REF. NO. ADDRESS 2127 North Greenleaf Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric M Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half - timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late 19"' century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY /CONCLUSION: The E.B. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the combination of the Tudor Revival style in the Floral Park neighborhood, "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. EXHIBIT 2 Page 1 of 5 25B -7 Stab of California — The Resources Agency Primary S DEPARTMENT OF PARKS AND RECREATION HRl Al PRIMARY RECORD Trinomial NRHP Status Code Other Ustin� Review Code Reviwwr Date i of 4 Resource names) or number (assigned by recorder) E.B. Smith House P1. Other Identifier. 'P2. Location: ❑Not for Publication ■Unrestricted •a. County Orange County •b. USGS 7.5' Ouad TCA1725 Date: "c. Address 2127 North Greenleaf Street City Santa Ana Zip 92706 *e. Other Locational Date: Assessor's Parcel Number 002- 112 -35 •P3a. Description: (Describe resource and its major elements, include design, materials, condition, alterations, size, setting, and boundaries.) Clad in smooth frmsh stucco, with a cross gabled roof, The E. B. Smith House is a single story home in a Tudor Revival style of architecture. The steep front gable with composition shingle with roiled edges and remaining roof is dad with composition shingle to match. The front facing gable is pierced by a nondescript rectangular attic vent. The front porch is wrapped by two wide stucco pilasters with a stuccoed pony wall in between. The south facing porch entry has a narrow, arched opening. The front facing window (west) is a wood tripartite window with wood screens and a nononginal canvas canopy covering the top. Another front facing window is a tripartite bow window gracing the front porch area towards the front yard. Porch ftwing is concrete. Two steps lead to the front entry underneath the arched opening. Other windows on the building are shrgle hung wood with wood wits and are sans trim. A nondescript detached garage sits to the rear of the south side of the property " P3b. Resource Attributes: (list attributes and codes) HP2. Single- family Property 'P4. Resources Present: ■Building OStructure ❑Object ❑Site ODistrict ❑Element of District ❑Other P5b. Photo; (view and date) East facing elevation Wing Station Record ORock Art Record ❑Artifact Record OPhotograph Record ❑ Other (list) DPR 623A (11%) Page 2 of 5 25B -8 March 2010 "P6. Date ConstnxtedlAge and Sources: ■historic 192VC1ty of Santa Ana Building Permits "P7. Owner and Address: Melvin and Katherine Ladd 2127 North Greenleaf Street Santa Ana, CA 92706 "P8. Recorded by: Hally Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 "P9. Date Recorded: May 24, 2010 "P10. Survey Type: intensive Survey Update "P11. Report Citation: (Cite surrey report and other sources, or enter "none') None. 'Attachments: ❑None ❑Location Map ❑ Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record O "Required infomnation State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 - Kesource Name or*: t:. d. Jman House B1. Historic Name E.B. Smith House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Single- family Residence *135. Architectural Style: Tudor Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1927 April 21, 1927. Residence and garage. $4,000. February 2, 1942. Reroof by Pan Roofing Co. $375.00. July 9, 1945. One fixture for E.B. Smith by United Plumbing. $75. August 28, 1962. Grove electric. Relocate meter. (August 29, 1962). November 10, 1988. Aluminum patio enclosure and fixtures. April, 9, 1990. Reroof. *B7. Moved? ■No OYes ❑Unknown Date: Original Location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single -family Residence Applicable Criteria: NR: Z; CR: 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The E. B. Smith House is architecturally significant as a Tudor Revival style of architecture in the Floral Park neighborhood. It was built in 1927, but completed in 1928. The first owners were E. Bradley and Flora Smith. Mr. Smith was a local proprietor of the Smith Pump Equipment Company, and he ran the company until 1940. The Smiths lived in the home until at least 1956, where city records indicate that ownership shifted after that year. The home has been restored by Melvin and Katherine Ladd. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *1314. Evaluator: Hally Soboleske *Date of Evaluation: May 24, 2010 DPR 523B (1195) (This space reserved for official comments.) Page 3 of 5 25B -9 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) E.B. Smith House "Recorded by Hally Soboleske *610. Significance (continued): *Date May 24, 2010 21 Continuation ❑ Update 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 E.B. Smith House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West 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 ° (Orange County 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 County Register September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco -styled Old Santa Ana City Hall, the El Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped 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 Il 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 (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The E.B. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history" of Santa Ana, and, as an intact example of the Tudor Revival style in the Floral Park neighborhood, "is a good example of period architecture" as well as its association with E.B. Smith, long term owner and proprietor of the Smith Pump Company located in Santa Ana. Character - defining exterior features of the E.B. Smith House that should be preserved include, but may not be limited to, rolled roofing edges, smooth stucco exterior cladding, original windows where extant, and front porch configuration. DPR 523L Page 4 of 5 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) E.B. Smith House nmoraeo by nany S000iesKe 'Date May 24, 2010 ❑O Continuation ❑ Update 812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. 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. Pleasants, Mrs. J. E. History of Orange County, California. volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Alison Honer Dies at 84," The Santa Ana Joumal, September 21, 1981. "Builder of Honer Plaza Dies, " Orange County Register, September 15, 1981. "History of Floral Park." http:// www.floral- park.comlpaae2.html. Santa Ana and Orange County Directories, 1937 -1978. DPR 523L Page 5 of 5 25B -11 25B -12 MILLS ACT AGREEMENT 2127 North Greenleaf Street 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 §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this November 15, 2010 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 Melvin G. And Catherine W. Ladd, (hereinafter referred to as "Owner "), owner of real property located at 2127 North Greenleaf Street, 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 Owner 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 possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2127 North Greenleaf Street, 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. -1- EXHIBIT 3 25B -13 MILLS ACT AGREEMENT 2127 North Greenleaf Street 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: Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 15, 2010, 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 -14 MILLS ACT AGREEMENT 2127 North Greenleaf Street 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 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- 25B -15 MILLS ACT AGREEMENT 2127 North Greenleaf Street 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 have 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 have 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 %) 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- 25B -16 MILLS ACT AGREEMENT 2127 North Greenleaf Street 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 subject the Historic Property, located at 2127 North Greenleaf Street, Assessor Parcel Number, 002 - 112 -35, 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' 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: Melvin G. And Catherine W. Ladd 2127 North Greenleaf Street Santa Ana, CA 92706 -5- 25B -17 MILLSACT AGREEMENT 2127 North Greenleaf Street 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' 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 restrictions 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 -18 MILLS ACT AGREEMENT 2127 North Greenleaf Street 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 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: MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- CITY OF SANTA ANA DAVID N. REAM City Manager 25B -19 Melvin G. Ladd Catherine W. Ladd MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 Exhibit A TR 788 Lot 17 and All Exs 37.50 ft — Lot 16 Assessor's Parcel Number: 002 - 112 -35 5:2 W- , MILLSACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 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: 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 -21 MILLS ACT AGREEMENT 2127 North Greenleaf Street 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- 25B -22 MILLSACTAGREEMENT 2127 North GreenkajStreet Santa Ana, CA 42706 Exhibit C (photographs attached) 25B -23 2127 NORTH GREENLEAF STREET PHOTO LOCATION MAP NORTH GREENLEAF STREET . �� 0 0 • I I L..7 ' I I I ' ■ ■ I I f ' ■ NORTH -12- 25B -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010-14 FOR THE PROPERTY LOCATED AT 917 NORTH LOUISE STREET ((1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Anthony Peter Michalski, property owner, for the structure located at 917 North Louise Street, subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Anthony Peter Michalski, property owner, for the structure located at 917 North Louise Street, subject to non - substantive changes approved by the City Manager and City Attorney at its October 7, 2010 meeting by a vote of 5:0 (O'Callaghan absent). DISCUSSION After the public hearing on October 7, 2010, 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. 2010 -14 November 15, 2010 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $83.19 to $416.16 annually, for a period of not less than ten years. _v Jiy,M. Trevino Executive Director Planning & Building Agency HS:rb hs\historic info\mills act agreements \917_N_Louise\hppal0 -14.cc APPROVED AS TO FUNDS AND ACCOUNTS: A: �� �N� S-- . N S�. t-I �, �\- L -, - --' Francisco Gutierrez Executive Director Finance & Management Services Agency �— Exhibit: A. Historic Resources Commission Staff Report 25C -2 REQUESTFOR Historic •es Commismn Acldion - dd — L P ZA OCTOBER 7, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -14 FOR THE PROPERTY LOCATED AT 917 NORTH LOUISE STREET Prepared by Hally Soboleske APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO G� -Q•v� cutive Director Planning Manager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Anthony Peter Michalski, property owner, for the structure located at 917 North Louise Street subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicant, Anthony Peter Michalski, requests the approval of Historic Property Preservation Agreement No. 2010 -14 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Spanish Colonial Revival styled residence located at 917 North Louise Street and is within the Washington Square Neighborhood. Surrounding land uses are all residential (Exhibit 1). 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 for 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. 2 25C -3 HPPA No. 2010 -14 October 7, 2010 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 as the W.P. Heninger House and categorized as Contributive in August of 2010 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). The benefits of executing this agreement include, but are not limited to, the following: 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 under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. I'W' Ha y S Teske Sergi lotz, AssociaW Planner Princ a Plan HS:jm hs\historic infolmills act agreements \917 N Louise\hppal0- 14.hrc 25C -4 HPPA- 2010 -14 917 North Louise Street PLANNING AND BUILDING AGENCY EXHIBIT 1 25C -5 IEEE 4 I HPPA- 2010 -14 917 North Louise Street PLANNING AND BUILDING AGENCY EXHIBIT 1 25C -5 25C -6 EXECUTIVE SUMMARY W.P. HENINGER HOUSE 917 North Louise Street Santa Ana, CA 92703 NAME W. P. Heninger House REF. NO. ADDRESS 917 North Louise Street CITY Santa Ana ZIP F92703 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 7 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Spanish Colonial Revival The Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. 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 wood, wrought iron, tile, or stone decorative elements. SUMMARY /CONCLUSION: The W.P. Heninger 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 Spanish Colonial 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 Spanish Colonial Revival, "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. EXHIBIT 2 Page 1 of 4 25C -7 Stab of California — The Resources Apency Primary 8 DEPARTMENT OF PARKS AM RECREATION HRI PRIMARY RECORD Trinomial NRHP Status Code. Other Ustinps Review Code Reviwwr Dab Page f of 3 Resource name(*) or number (assigned by recorder) W.P. HeningwHouse P1. Other Identifier: 'P2. Location: ONot for Publication ■Unrestricted "a. County Orange County •b. USGS 7.5' Quad TCA0054 Dab: 'c. Address 917 North Louise Street City Santa Ana Zip 92703 'e. Other Locationai Data: Assessors Parcel Number 405- 261 -31 "P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This Spanish Colonial Revival styled residence is single story with a smooth stucco ffmsh, and a front facing gable and flat roof. A lad, steep gable, pierced by three day tubes for venting, spans nearly the width of the front of the house. The front facing gable and remaining roofing is topped with nornongtrnal day barrel tile. An arched entry loads the way to the front porch which is surrounded by a slocco ed pony wall that extends from the arched opening to the northernmost setback of the hour. Other than the front facing gable entry, the remainder of the residence is rectangular in design with the right bay exte ndiln f upwards above the cross gable. This bay is pierced by three round day ventsapproximatety two feet apart in a horizontal line. The front fagade is pierced by four window openings. The window on the front facing gable is wood and lapan to In design with a fixed center window and casement on either shale. Other wvmk ws are also wood, and a cornbinabon of single hung and casement A nondescript garage sits to the rear of the property. The garage has a flat roof with barrel We capping the parapet and a front facing shed roof over the garage door The structure is in excellent condition and appears to be substantially k t d, possible alterations include refinishing of the stucco, and the composition shingle on the front facing gable. 'P3b. Resource Attributes: gist attributes and codes) HP2. Singte- family Property "P4. Resources Present: ■Building OStructure OObject ❑Site ❑District ❑Element of District OOther P5b. Photo: (view and date) East facing elevation January 2010 "P8. Dab ConstrucbcYAge and Sources: ■historic 193WSource: City of Santa Ana Building Permit "P7. Owner and Address: Anthony Peter Michalski 917 North Louise Street Santa Ana, CA 92703 "P8. Recorded by: Hally Sobofeske 20 Civic Center Plaza *20 Santa Ana, CA 92702 'P9. Date Recorded: July 1, 2010 "P10. Survey Type: intensive -survey upoare "P11. Report Citation: (Cite survey report and other sources, or enter 'noney None. "Attachments: ONone OLocation Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record OArchaeological Record ❑District Record OLinear Feature Record ❑Milling Station Record ❑Rock Art Record OAdifad Record ❑Photograph Record O Other (list) DPR 523A (1196) Page 2 of 4 25C -8 "Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI #_ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 'Resource Name or #: W.P. Heninger House B1. Historic Name: W.P. Heninger House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Single - family residence *B5. Architectural Style: Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1930 November 20, 1930. Residence and garage for W. P. Heninger. $3,500. June 3, 1954. 1 fixture for A. E. Confer by Pacific. $100. May 4, 1971. Water heater by Pacific Inst. October 11, 1978. Floor fumace for Flossie Confer. May 14, 1984. Service meter. May 7, 1990. A/C on roof, furnace, absorbption system, gas piping. *B7. Moved? ■No OYes ❑Unknown Date: Original Location: *138. Related Features: B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888 -1953 Property Type: Single- family Residence Applicable Criteria: NR: X,• CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The W.P. Heninger 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 William P. Heninger of the Heninger family that founded Heninger Park in Santa Ana. William and his wife Cleora originally lived at 1631 West Third Street, and he was employed as a carpenter. While the home was still under construction, they moved to 714 North Ross Street with relatives Mildred and Mary Heninger. The home was built as a speculative venture. The entire household rented the Ross Street house from Cleophus and Anna Sparks, a salesman with Sam Stein's Stationary Store on Fourth Street. The Heningers never moved into this Louise Street residence as the first known residents were Cleophus and Anna Sparks in 1935. By 1936, Van L. and Edna Brown moved into the home while conducting business at 103 West Third Street as Hawks -Brown Real Estate and Insurance Company. Mr. Brown was a 50 year member of the local Masonic Lodge, a Shriner, and Rotary Club member. He was interred at Fairhaven Memorial Park with Smith and Tuthill Mortuary in charge of the burial. His wife, Edna was a secretary before marriage. Mrs. Edna Brown lived in the residence until 1947 when Mr. M.R. Duncan took occupancy. By 1956, Arthur (Arth) and Flossie Confer owned the home. Arth was a well -loved custodian at Wilson High School. The home changed hands a few times until Mr. Anthony Peter Michaliski took residence in 2009. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanbom Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Hally Soboleske (This space reserved for official comments.) DPR 523B (1195) Page 3 of 4 25C -9 Sketch Map 917 N. Louise St. 405 - 261 -31 *Date of Evaluation: May 25, 2010 *Required information ( e0 f O )+ ° o (( *Date of Evaluation: May 25, 2010 *Required information State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) W.P. Heninger House *Recorded by Hally Soboleske *1310. Significance (continued): *Date May 25, 2010 O Continuation ❑ Update 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 W P. Heninger 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 southem California, the development of Washington Square was all but completed. The W. P. Heninger 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 Spanish Colonial Revival. The house contributes to the historic character of the Washington Square neighborhood through its age, style, and scale. The W. P Heninger 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 Spanish Colonial Revival Revival and is a good example of period architecture. " Character - defining exterior features of the W. P. Heninger House that should be preserved, include, but may not be limited to: materials and finishes (stucco); roof configuration and arched front porch opening, massing; original windows and doors where extant, and front porch area via pony wall. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedta. 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 Parts 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. DPR 523L Page 4 of 4 25C -10 MILLS ACT AGREEMENT 917 North Louise Street 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 §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this November 15, 2010 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 Anthony Peter Michalski, (hereinafter referred to as "Owner "), owner of real property Iocated at 917 North Louise Street, 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 Owner 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 possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 917 North Louise Street, 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. -I- EXHIBIT 3 25C -11 MILLS ACT AGREEMENT 917 North Louise Street 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 November 15, 2010, 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 -12 MILLS ACT AGREEMENT 917 North Louise Street 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 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 -13 MILLS ACT AGREEMENT 917 North Louise Street 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 have 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 have 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 %Z) 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 -14 MILLS ACT AGREEMENT 917 North Louise Street 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 subject the Historic Property, located at 917 North Louise Street, Assessor Parcel Number, 405- 261 -31, 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' 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: Anthony Peter Michalski 917 North Louise Street Santa Ana, CA 92706 -5- 25C -15 MILLS ACT AGREEMENT 917 North Louise Street 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' 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 restrictions 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- 25C-16 MILLS ACT AGREEMENT 917 North Louise Street 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 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: MARIA D. HUIZAR Clerk of the Council Owner Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Joseph W. Fletcher City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager -7- 25C-17 Anthony Peter Michalski MILLS ACT AGREEMENT 917 North Louise Street Santa Ana, CA 92706 Exhibit A LOURIES SUB LOT S 54.8 FT N 104.8 FT W 147.5 FT E 295 FT -EX N.8 FT E 2.5 FT- OF TRACT Assessor's Parcel Number: 405 - 261 -31 -8- 25C -18 MILLS ACT AGREEMENT 917 North Louise Street Santa Ana, CA 92706 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: 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- 25C -19 MILLS ACT AGREEMENT 917 North Louise Street 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. - io- 25C -20 MILLS ACT AGREEMENT 917 North Loatse Street Santa Ana, CA 92786 Exhibit C (photograph attached) 25C -21 917 NORTH LOUISE STREET PHOTO LOCATION MAP LOUISE STREET 54.80 I 1 I I 1 ! 1 ! I 147.50 ! ! ! I ! I ! I ! . • 1 ! I ! I ! I ! I NORTH -12- 25C -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010-15 FOR THE PROPERTY LOCATED AT 2019 NORTH VICTORIA DRIVE n CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s1 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Gary Regalado and Lisa LaFourcade, property owners, for the structure located at 2019 North Victoria Drive, subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Gary Regalado and Lisa LaFourcade, property owners, for the structure located at 2019 North Victoria Drive, subject to non - substantive changes approved by the City Manager and City Attorney at its October 7, 2010 meeting by a vote of 5:0 (O'Callaghan absent). DISCUSSION After the public hearing on October 7, 2010, 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. 25D -1 HPP Agreement No. 2010 -15 November 15, 2010 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $23.00 to $114.79 annually, for a period of not less than ten years. Trevino Executive Director Planning & Building Agency HS:rb hs\historic info\mills act agreements \2019_N_Victoria \hppal0 -15.cc APPROVED AS TO FUNDS AND ACCOUNTS: 11 Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit: A. Historic Resources Commission Staff Report 25D -2 REQUEST FOR Historic Resources Commission Action 7. • �: uF �. •� a .�:_ = _ 1 OCTOBER 7, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -15 FOR THE PROPERTY LOCATED AT 2019 NORTH VICTORIA DRIVE Prepared by Hally Soboleske APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO cA6 Director Planning Managed RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Gary Regalado and Lisa LaFourcade, property owners, for the structure located at 2019 North Victoria Drive subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Gary Regalado and Lisa LaFourcade, request the approval of Historic Property Preservation Agreement No. 2010 -15 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Colonial Revival styled residence located at 2019 North Victoria Drive and is within the Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). 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 for 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. 25D -3 HPPA No. 2010 -15 October 7, 2010 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 as the Was House and categorized as Landmark in April of 2003 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). 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 from further review under General Rule Section action is exempt from further review. Hally So leske Associate Planner HS:jm Whistoric inlolmills act agreements12019_N Victoria\hppal0- 15.hrc Quality Act, the recommended action is exempt 15061(b)(3), and therefore, the recommended 2501-4 .tl�Vy tsr w errs xrra rue 500' RADIUS HPPA -209 0 -15 2019 North Victoria Drive PLANNING AND ,BUILDING AGENCY EXHIBIT 1 25D -5 o EXECUTIVE SUMMARY WAS HOUSE 2019 North Victoria Drive Santa Ana, CA 92706 NAME Was House REF. NO. ADDRESS 2019 North Victoria Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park NATIONAL REGISTER CRITERIA FOR EVALUATION I C NATIONAL REGISTER STATUS CODE 3S Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side - gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double -hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320 -326). SUMMARY /CONCLUSION: The Was House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Colonial Revival style of the mid- I930s. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business community. In addition, the Was House has been categorized as "Landmark" because the building "appears to be eligible" to be placed on the National Register and the California Register and "has a unique architectural significance" as an intact and representative example of the Colonial Revival style that contributes to the historic streetscape of North Victoria Drive (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. • National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 3S: Appears eligible for separate listing. EXHIBIT 2 Page 1 of 4 25D -7 State of CaiKornla — The Resources Agency Primary 0 DEPARTM E14T OF PARK$ AND RECREATION HRI PRIMARY RECORD Trtnomisi NRHP Status Code Other Listings Review Code Revlowor Data Page I of -�L Resource names) or number (assigned by recorder) Was House P1. Other Identif er: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2019 North Vktbda Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002- 151 -12; ORANGE GROVE TR LOT 78X 253.5 FT. *153a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This two-story residence is a textbook example of the Colonial Revival style. A medium- pitched, side gabled roof with bracketed eaves crowns the symmetrical, west- facing building. Wide clapboard sheathes the exteriors. AN windows on the fagade are six- over-slx, double hung sash with wood shutters, the /mar story openings scaled larger than the upper story ones. A portico projects from the central bay of the five-bay wide bgede and is the focal point of the design. It is defined by a pair of Tuscan columns that carry a triangular pedFment whose horizontal and raking cornices are bracketed to suggest dentils. Pilasters echo the design of the columns and flank the entry, whirl► is enhanced by a paneled surround. Narrow sidelights frame the paneled door. A small iron lantern hangs from the ceiling of the portico. North and south elevations are fenestrated with a combination of shuttered windows of various sizes. A brick chimney is attached to the south elevation. (See Continuation Sheet 3 of 3.) *P3b. Resource Attributes: (list attf wtes and codes) HP2. Single - family Property *P4. Resources Present: ■Building ❑Structure ❑ Object ❑Site ❑District ❑Element of District ❑Other *P11. Report Citation: (Cite survey report and other sources, or enter - none') None. 136b. Photo: (view and date) West elevation January 2003 *P6. Date Constructed/Age and Sources: t1111ttistoric 1927 / City of Santa Ana Building Permits *PT. Owner and Address: Willard V Treadwell 2019 North Victoria Drive Santa Ana, CA 92706 *P8. Recorded by: Lesko J. Neumann, Peter C. Moruzzi SA /C 35 S. Raymond Ave. S 204 Pasadena, CA 91105 *P9. Date Recorded: February 1, 2003 *P1 o. Survey Type: Intensive Survey update *Attachments: ❑None ❑Location Map ❑Sketch Map INContinuation Sheet ■Building, Structure, and Object Record OArchaeologlcal Record ODistrict Record ❑Linear Feature Record ❑Milling Station Record ORock Art Record OArtifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1186) Pap 2 of 4 25D -8 *Required Information Photo 1P�5ra. *P11. Report Citation: (Cite survey report and other sources, or enter - none') None. 136b. Photo: (view and date) West elevation January 2003 *P6. Date Constructed/Age and Sources: t1111ttistoric 1927 / City of Santa Ana Building Permits *PT. Owner and Address: Willard V Treadwell 2019 North Victoria Drive Santa Ana, CA 92706 *P8. Recorded by: Lesko J. Neumann, Peter C. Moruzzi SA /C 35 S. Raymond Ave. S 204 Pasadena, CA 91105 *P9. Date Recorded: February 1, 2003 *P1 o. Survey Type: Intensive Survey update *Attachments: ❑None ❑Location Map ❑Sketch Map INContinuation Sheet ■Building, Structure, and Object Record OArchaeologlcal Record ODistrict Record ❑Linear Feature Record ❑Milling Station Record ORock Art Record OArtifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1186) Pap 2 of 4 25D -8 *Required Information State of California —The Resources Agency Primary 0 DEPARTMENT OF PARKS AND RECREATION HRII# BUILDING, STRUCTURE, AND OBJECT RECORD Page 3 of 3 *NRHP Status Code 3S "Resource Name or P: Was House B1. Historic Name: Was House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Single - family Residence *135. Architectural Style: Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): November 28, 1927. Residence and garage. $15,000. April 12, 1933. Rebuilt fireplace chimney. $15. September 30, 1935. Alterations. $50. June 4, 1936. Alterations to residence. $500. November 10, 1939. Addition to residence. $500. October 16, 1946. Canopy over driveway by C. Bond, owner. $200. October 2, 2000. Reroof. $18,800. *67. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *138. Related Features: Detached garage. B9a. Architect: Unknown b. Builder: Unknown *B10. 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 Was House is significant as an excellent example of the Colonial Revival style in terms of its characteristic features and high level of integrity. Its period revival design, substantial scale, and generous setback contribute to the elegant and distinctive streetscape on North Victoria Drive. According to the original building permit, the house and garage were constructed in 1927, making this property one of the first on Victoria Drive to be improved. The cost of construction was $15,000, a large sum at the time and typical of the homes that would follow on the street. Orange County directories in 1929 and 1930 indicate that Frank J. Was, vice president of First National Bank, and his wife Margaret owned the house. From 1931 until at least 1946, Clarence and Hazel B. Bond resided at the address. Clarence Bond was with G. W. Bond and Son, an investment securities firm located at 109 West Sixth Street in Santa Ana. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. 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: *1314. Evaluator: Leslie J. Heumann *Date of Evaluation: February 1, 2003 (This space reserved for official comments.) DPR 5238 (1/95) Page 3 of 4 J *Required Information ouse r-- t mn+orth Victoria Dr. ARA V£ Ic KA2 �a ©` 4 0 s , *x 53-1 Y 151 Y a s *J hA MACY xas Y�rpIM � GA►t Page 3 of 4 J *Required Information State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Was House 'Recorded by Leslie J. Neumann, Peter C. Moruzzi, SAIC "Date February 1, 2003 IM Continuation ❑ Update "133a. Description (continued): A concrete driveway near the north side of the property leads to an original two -car detached garage with roof form, roof pitch, and cladding similar in style to the residence. Landscaping consists of low shrubs, a large pine tree, several young trees, and an expansive front lawn. The house appears original and is in good condition. `B10. Significance (continued): The Was House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West 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" (Orange County 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 County Register, 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 El Toro Marine Base during World War 11, 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 ll 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 Was House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Colonial Revival style. Characteristic features in this regard include the symmetrical massing and composition of the house, the dignified portico, and the fenestration. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business community. Additionally, the house has been categorized as "Landmark" for its unique architectural significance as an example of the Colonial Revival style that contributes to the historic streetscape of North Victoria Drive. All original exterior features of the Was House are considered character defining and should be preserved. These features include, but may not be limited to: materials (wood); roof configuration and treatment, massing and composition; porch; doors and windows; chimney; architectural detailing (stick work, pilasters, brackets), and original garage. '1312. References (continued): Harris, Cyril M. American Architecture: An illustrated Encyclopedia. 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. "Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. "History of Floral Park." http:I Avww.tioral- park.com/page2.html Talbert, Thomas (editor -in- chief). Historical Volume and Reference Works Including Biographical Sketches of Leading Citizens. Volume 1. Whittier, Historical Publishers, 1963. Armor, Samuel. History of Orange County. 1921. Orange County Directories, 1930 -1941, 1945. DPR 523L Page 4 of 4 25D -10 MILLS ACT AGREEMENT 2019 North Victoria Drive 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 §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this November 15, 2010 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 Gary Regalado and Lisa LaFourcade, (hereinafter referred to as "Owner "), owner of real property located at 2019 North Victoria Drive, 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 Owner 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 possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2019 North Victoria Drive, 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. -1- EXHIBIT 3 25D -11 MILLS ACT AGREEMENT 2019 North Victoria Drive 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 November 15, 2010, 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: MR 25D -12 MILLS ACT AGREEMENT 2019 North Victoria Drive 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 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. WZ 25D -13 MILLS ACT AGREEMENT 2019 North Victoria Drive 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 have 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 have 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 1/2) 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- 25D -14 MILLS ACT AGREEMENT 2019 North Victoria Drive 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 subject the Historic Property, located at 2019 North Victoria Drive, Assessor Parcel Number, 002 - 151 -12, 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' 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: Gary Regalado and Lisa LaFourcade 2019 North Victoria Drive Santa Ana, CA 92706 -5- 25D -15 MILLS ACT AGREEMENT 2019 North Victoria Drive 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' 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 restrictions 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- 25D-16 MILLS ACT AGREEMENT 2019 North Victoria Drive 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 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 MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Joseph W. Fletcher City Attorney DAVID N. REAM City Manager By: Gary Regalado By: Lisa LaFourcade -7- 25D-17 MILLS ACT AGREEMENT 2019 North Victoria Drive Santa Ana, CA 92706 Exhibit A ORANGE GROVE TR LOT 78 X 253.5 FT Assessor's Parcel Number: 002 - 151 -12 -8- w 9 -9 Feee MILLS ACT AGREEMENT 2019 North Victoria Drive Santa Ana, CA 92706 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. 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- 25D -19 MILLS ACT AGREEMENT 2019 North Victoria Drive 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- 25D -20 :7' - {. MILLS ACT AGREEMENT tEEMENT 1019 North Vldorlt Drihv Start Art, CA 92706 Exhibit C (photograph attached) -If- 2019 NORTH VICTORIA DRIVE PHOTO LOCATION MAP NORTH VICTORIA DRIVE 78.00 I O I I I I 1 I I 253.5 I I I I I 1 I I I I � I I ' I I 1 NORTH -12- 25D -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -16 FOR THE PROPERTY LOCATED AT 413 WEST SANTA CLARA AVENUE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Raymond D. and Linda L. Chapel for the structure located at 413 West Santa Clara Avenue, subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Raymond D. and Linda L. Chapel for the structure located at 413 West Santa Clara Avenue, subject to non - substantive changes approved by the City Manager and City Attorney at its October 7, 2010 meeting by a vote of 5:0 (O'Callaghan absent). DISCUSSION After the public hearing on October 7, 2010, 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. 2010 -16 November 15, 2010 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $98.34 to $491.31 annually, for a period of not less than ten years. Ja . Trevino Executive Director Planning & Building Agency HS:rb hs\histodc infoVnills act agreements \413_W_SantaClara \hppalO -16.cc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit: A. Historic Resources Commission Staff Report 25E -2 REQUEST FOR Hiistoric Resources Commission Action Aw HISTORIC RESOIJRM COMMISSION NEE TM DATE: OCTOBER 7, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010-16 FOR THE PROPERTY LOCATED AT 413 WEST SANTA CLARA AVENUE Prepared by Hally Soboleske APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO (Jr, xecutive Director Planning M ager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Raymond D. and Linda L. Chapel for the structure located at 413 West Santa Clara Avenue, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicants, Raymond D. and Linda L. Chapel, request the approval of Historic Property Preservation Agreement No. 2010 -16 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single story Spanish Colonial Revival styled home with a detached garage located at 413 West Santa Clara Avenue (Exhibit 1). The property is within the Park Santiago neighborhood and the 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 for the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. 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. 4 25E -3 HPPA No. 2010 -16 October 7, 2010 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 October 2010 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). A review of the property indicates that this 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. A photo of the property is 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 under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. &1/.-. go y Sob eske Associate tanner HS:jm hs \historic info \mills act agreements \413— w_SantaClara \hppal0- 16.hrc 25E -4 H PPA- 2010 -16 413 West Santa Clara PLANNING AND BUILDING AGENCY EXHIBIT 1 25E -5 25E -6 EXECUTIVE SUMMARY NEFF HOUSE 413 West Santa Clara Avenue Santa Ana, CA 92706 NAME Neff House REF. NO. ADDRESS 413 West Santa Clara Ave. CITY Santa Ana ZIP 92703 ORANGE COUNTY YEAR BUILT 1929 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE I 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Spanish Colonial Revival The Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. 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 wood, wrought iron, tile, or stone decorative elements. SUMMARY /CONCLUSION: The Neff 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 Spanish Colonial Revival. The house also contributes to the historic character of the Floral Park 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 Floral Park, and, as an intact and representative example of the Spanish Colonial Revival, "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.) 6S1: Individual property that is listed or designated locally. EXHIBIT 2 Page I of 4 25E -7 State of CaWwnis — The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary 0 HRI 8 Trinomial NRHP Status Cods Other Listings Review Code Reviewer Dais Page 1 of __J Resource names) or number (assbned by recorder) P1. Other Identifier: `P2. Location: ONot for Publication ■Unrestricted "a. County Orange County `b. USGS 7.5' Quad TCA0054 Date `c. Address 413 West Santa Clare Ave. City Santa Ana Zip 92706 `e. Other Locational Data: Assessors Parcel Number 002- 123-21 "P3a. Description: (Describe resource and its major elements. Include design, materials, oondition, alterations, size, setting, and boundaries.) This Spanish Colonial Revival styled residence is single story with a smooth stucco finish, and a front facing gable end a low pitched day barrel tiled roof. The front facing gable is pierced by six day tubes for venting, and the attached concrete porch is supported by two 6" x 6" wooden posts. Each post has a brad, but simple, triangular cap#W. A stuccoed chimney is located on the east side of the residence. The front facing bay is pierced by a tripartite wood window with a fixed center and a narrow casement window on either We Each casement window has three tights. The window is flanked by nonoigfnal wooden sibuillem each with a circular metal pull in the center. The hunt entry door appears odgkW and is located perpendicular to the front bay. It is composed of rectangular, heavy wood planks with a rectanguitar window piercing the upperpodw. The door window Is covered with curving wrought iron. It is hung with heavy metal hinges. A small wood fixed window is mn@dW* left of the entry door. This window is covered with a curvilinear grit which matches that or the front door. The other hot facing window is comprised of wood casement windows with three tights. it Is also flanked by nonoV#al shutters that match the others. Other windows on the house are single hung wood windows with a simple lambstongue feature. Many of these windows are adorned with awnngs and spear shaped supports. The weld -!kept yard is landscaped with native Caffibmis plants, and a Spanish ifour6m near the Mont porch. A new gate with rectangular pdasters leads to the walkway which leads to the front porch. "133b. Resource Attributes: (list attributes and codes) HP2. SkVie-fan* Property "P4. Resources Present: ■Building OStructure OObjed OSite ODistrict OElement of District OOther P5b. Photo: (view and date) South faghg elevatbn September 2040 `P8. Date ConstructedlAos and Sources: ■historic 492WSouroe: City of Santa Ana Buikffng Permit 6137. Owner and Address: Raymond D. and Linda L. Chapel 421 W. Santa Clara Ave. Santa Ana, CA 92706 "P8. Recorded by: Holly Soboleske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 "P9. Date Recorded: September 9, 2040 `P10. Survey Type: •1311. Report Citation: (Cite survey report and other sources, or enter 'none ") None. `Attachments: ONone OLocabon Map OSketch Map ■Continuation Sheet ■Building, Structure, and Object Record DArchasologic:al Record ODistrict Record OLinear Feature Record OMiliing Station Record ORock Art Record OArtifad Record OPhotograph Record O Other (list) DPR 623A (1196) *Required iMormadon Page2of4 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRi# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 -Kesource Name or e: even mouse B1. Historic Name: Neff House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Single - family residence *B5. Architectural Style: Spanish Colonial Revival *816. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1929 August 1, 1929. Residence and garage. $4,500. April 1. 1933. Alterations. April 10, 1933. Rebuild fireplace chimney. July 8, 1939. Termite treatment. December 12, 1940. Reroof. January 16, 1951. Reroof for Paul Neff by Holmes Roofing Co_ November 5, 1951. Add shower room. November 14, 1051. 1 circuit, 3 outlets, one space heater for Paul Neff by Gilber & Steams. May 11, 1953. 1 fixture for P. Neff by N. R. Soucie. $125. May 25, 1967. Water heater. January 26, 1984. Reroof. *137. Moved? ■No ❑Yes OUnknown Date: Original Location: *B8. Related Features: 69a. Architect: Unknown b. Builder: Unknown *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888 -1953 Property Type: Single- family Residence Applicable Criteria: NR: X, CR: 3 (Discuss importance in terms of historical or architectural content as defined by theme, period, and geographic scope. Also address integrity) The Neff House is architecturally significant as a characteristic example of the revival styled homes built along the streets of the Floral Park neighborhood during its most characteristic phase of development. According to City building permit records, the house and garage were built for Paul W. Neff, and his wife Katherine, in 1929. Mr. Neff was a reporter for the Santa Ana Daily Evening Register, an early precursor to the Orange County Register newspaper. He worked himself from reporter to Associate Editor. Neff remained in the newspaper's employee until R. C. Hodes purchased the company and took the rains of the editorial department. Although Neff continued to live at 413 West Santa Clara, he began work at Northwester Mutual Life Insurance Company. By 1938, he had taken a job with Prudential Life Insurance which was located in the Builder's Exchange Building at 200 North Main Street, and where he worked until at least 1941. City directories indicate that he accepted a position with Firestone Rubber Company in Los Angeles where he worked until at least 1956, when he moved out of the home, and the Paquette family moved into the residence. (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: *B14. Evaluator: Hally Soboleske (This space reserved for official comments.) *Date of Evaluation: May 25, 2010 Sketch Map a1c T- ---- - - - - -- rRRR v a iw a O 413 W. Santa Clar; 002- 123 -21 DPR 523B (1195) Page 3 of 4 *Required information 25E -9 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Neff House "Recorded by Hally Soboleske `Date September 9, 2010 IM Continuation ❑ Update *B10. Significance (continued): 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 Neff House is is located in Floral Paris, a neighborhood northwest of downtown Santa Ana bounded by West 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" (Orange County 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 County Register September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 19306 Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped 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 11 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 (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Neff 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 Santa Ana, and, as an intact example of the Spanish Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture", as well as its association with Paul W. Neff, long term owner and reporter /editor for the Santa Ana Daily Evening Register, a precursor to the Orange County Register located in Santa Ana. Character - defining exterior features of the Neff House that should be preserved include, but may not be limited to, smooth stucco exterior cladding, original windows where extant, front door, and front porch configuration. *B12. References (continued): Hams, Cyril M. American Architecture: An Illustrated Encyclopedia. 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. DPR 523L Page 4 of 4 25E -10 MILLS ACT AGREEMENT 413 West Santa Clara Ave. 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 §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this November 15, 2010 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 Raymond D. and Linda L. Chapel, (hereinafter referred to as "Owners "), owner of real property located at 413 West Santa Clara 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 413 West Santa Clara 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. -1- EXHIBIT 3 25E -11 MILLS ACT AGREEMENT 413 West Santa Clara Ave 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 November 15, 2010, 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 non-renewal 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- 25E -12 MILLS ACT AGREEMENT 413 West Santa Clara Ave- 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 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. BIB 25E -13 MILLS ACT AGREEMENT 413 West Santa Clara Ave 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 '/2) 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- 25E -14 MILLS ACT AGREEMENT 413 West Santa Clara Ave. 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 413 West Santa Clara Avenue, Assessor Parcel Number, 002 - 123 -21, 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. S. 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: Raymond D. and Linda L. Chapel 413 West Santa Clara Avenue Santa Ana, CA 92706 -5- 25E -15 MILLS ACT AGREEMENT 413 West Santa Clara Ave. 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 restrictions 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- 25E -16 MILLS ACT AGREEMENT 413 West Santa Clara Ave. 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 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 MARIA HUIZAR Clerk of the Council PROPERTY OWNERS Date: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney Joseph Fletcher City Attorney M. DAVID N. REAM City Manager Raymond D. Chapel Linda L. Chapel -7- 25E-17 MILLS ACT AGREEMENT 413 West Santa Clara Ave. Santa Ana, CA 92706 Exhibit A Lot 239, Tract 425, North Broadway Park Tract, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 16, Pages 33 and 34 of Miscellaneous Maps in the Office of the County Recorder of said County. Assessor Parcel No. 002 - 123 -21 -8- 25E -18 MILLS ACT AGREEMENT 413 West Santa Clara Ave. Santa Ana, CA 92706 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- 25E -19 MILLS ACTAGREEMENT 413 West Santa Clara Ave 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. - to- 25E -20 MILLS ACT AGREEMENT 413 West Santa Clara Ave. Santa Ana, CA 42706 Exhibit C (photograph attached) 25E -21 a. Q Z 0 0 J O O z IL W Z W Q Q J V Q F— Z a W M r 'CC N ■ OD OD I • ■ ' � 1 •o 1 I LO I Q . � 1 ° 1 • �� mill:: I o LO Z 0 N I -12- 25E -22 Q m c� U co co REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -17 FOR THE PROPERTY LOCATED AT 1911 NORTH WESTWOOD AVENUE f J CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Ashley and Ninh Vu, property owners, for the structure located at 1911 North Westwood Avenue, subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Ashley and Ninh Vu, property owners, for the structure located at 1911 North Westwood Avenue, subject to non - substantive changes approved by the City Manager and City Attorney at its October 7, 2010 meeting by a vote of 5:0 (O'Callaghan absent). DISCUSSION After the public hearing on October 7, 2010, 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. 2010 -17 November 15, 2010 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $89.74 to $448.88 annually, for a period of not less than ten years. Ja . Trevino Executive Director Planning & Building Agency HS:rb hs \historic info\mills act agreements \1911_N_Westwood \hppal0 -17.cc APPROVED AS TO FUNDS AND ACCOUNTS: I . � -1 \�\'. Francisco Gutierrez Executive Director Finance & Management Services Agency �— Exhibit: A. Historic Resources Commission Staff Report 25F -2 REQUEST FOR f • .J. • R7 -7, a i1i 77 • f • . [ililfl_ • -.x• r r• .�. • Z I JA ­I I �• OCTOBER 7, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -17 FOR THE PROPERTY LOCATED AT 1911 NORTH WESTWOOD AVENUE Prepared by Hally Soboleske APPROVED ❑ As Recommended • As Amended • Set Public Hearing For CONTINUED TO Executi a Director Planning anager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Ashley and Ninh Vu, property owners, for the structure located at 1911 North Westwood Avenue subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Ashley and Ninh Vu, request the approval of Historic Property Preservation Agreement No. 2010 -17 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Folk House /Colonial Revival styled residence located at 1911 North Westwood Avenue and is within the West Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). 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 for 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. 5 F -3 HPPA No. 2010 -17 October 7, 2010 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 as the A.T. Bates Ranch House and categorized as Key in May of 2005 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). The benefits of executing this agreement include, but are not limited to, the following: 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 from further review under General Rule Section action is exempt from further review. 14al& So eske Associat Planner HS:jm hslhistodc infoVnills act agreements11911 _N_Westwooahppa10- 17.hrc Quality Act, the recommended action is exempt 15061(b)(3), and therefore, the recommended 25F -4 K I HPPA- 2010 -17 1911 North Westwood Avenue PLANNING AND BUILDING AGENCY EXHIBIT 1 25F -5 1 ■ ST MMI' 25F -6 EXECUTIVE SUMMARY A. T. BATES RANCH HOUSE 1911 North Westwood Avenue Santa Ana, CA 92701 NAME A. T. Bates Ranch House REF. NO. ADDRESS 1911 North Westwood Avenue CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT Circa 1895 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N!A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 1 CALIFORNIA REGISTER STATUS CODE 5S Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Other. Folk House (1 -House Variant), Colonial Revival Folk houses, often simply labeled "vernacular houses," reflect nation -wide traditions of basic housing built without regard for architectural styles and fashions. While early folk houses utilized indigenous materials, forms, and labor, the spread of the railroads and the advent of balloon framing enabled subsequent construction to take advantage of inexpensive building materials such as mass - produced lumber. Although the materials and the methods evolved, the forms generally did not. Simple side - gable, "I- Houses" (defined as houses that are two rooms wide, one room deep, and two stories in height, as opposed to the one -story "Hall and Parlor" houses) were derived from British precedents and were adapted to the United States by the additions of a front porch and a rear add -on. Such homes became the dominant pre- and post - railroad housing over much of the southeastern United States and elsewhere, lasting into the 201h century. 1- houses are typically side - gabled, wood - framed, and have porches, usually hipped or shed - roofed, attached to the fagade. Windows are generally double -hung sash, often in the tall and narrow proportions of the Victorian era. Variations in the type involve differing chimney placements, porch sizes, porch roof types, shapes of the rearward extensions that enlarged the interior space, and the addition of details borrowed from other styles. Hall -and Parlor houses and I- Houses evolved into "Massed -Plan, Side - Gabled" houses, which are more than one room deep and no longer have rear add -ons (McAlester, 94 -98). The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side - gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double -hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors. The Dutch Colonial Revival subtype always has a gambrel roof that encompasses almost a full second story. Early examples (circa 1895 -1915) feature front - facing gambrels while side gambrels, often with long shed dormers are more common during the 1920s and 1930s (McAlester, 320 -326). SUMMARY /CONCLUSION: The A. T. Bates Ranch House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a structure with the distinguishing characteristics of an architectural style or period, and under Criterion 7, as a building connected with a business or use which was once common, but is now rare. Additionally, the house has been categorized as "Key" because it "is characteristic of a significant period in the history of the City of Santa Ana," the agricultural period. (Municipal Code, Section 30 -2.2). EXHIBIT 2 Page 1 of 6 25F -7 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.) 1: It is associated with events that have made a significant contribution to the broad patterns of local, California, or national history 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.) 551: Individual property that is listed or designated locally. Page 2 of 6 25F -8 State of Catifornla The Resources Agency Printtary o DEPARTMENT OF PARKS AND RECREATION HRI ai« PRIMARY RECORD Trbnontiej NRHP Shrkn Code Other Listings Review Code Revie"r Daartss Pays i of 4 Resource manta(:) or number (aasipnsd by moon" A. T. Bates Ranch House P1. Other Identifier: •P2. Location: ONot for Publication sUnnstricted 'a. County Orange County •b. USOS 7.5' Quad Date: •c. Address 1911 North Wleshnood Avenue City Santa Ana Zip 92706 "e. Other Locationai Data: Assessor's Parcel Number 399-071 -07 'P3a. Description: (Desa%e maoume and its malt elunents. Indude deskn, maQeriaic cond> w, aheratorrs, size, so", and boundaries.) This (omw ranch house stands in stfty contrast to its more recent neighbors. 0691neW the house was accessed from Seventeenth Street on the south, so the current street tw&V facade was intended to be a side elevation. A compW roof composed of a gambrel, front and Wde gables, and shed and hoped roof sections caps the two-story btdkting. The or ovW narrow dapbosrd sliding remains on some portions of the exterior, ptfnmrW below a sIN level stringcourse on the ground floor and on the We of the hunt gambrel and Ns cmtwft gsblet. We stucco covers the remainder. Two tali and narrow double- hung sash *#mews are centered in the garmbnei l ace, ~ Is sand►wchad between the roof of a ck3p@d gable above it and a pent roo( below it The lower stay lienestra6w heaths a triperft window in the center bay, a shVe, doubefiung "shin the north bay, and a recessed porch corntobkV the entry in the south bay. Alterations kxtdrde the replacement of the windows, addli ,n of shutters, and replacement of the original wood porch supports with lacy wrought ken in the New Odeens stye. The south elevation features a gabled second story projection contso tng a pak of doubk4mng sash windows ownr 1bok ng a wood-reeled bony. On ft r"M obvetion an nttached bn ck ctknney has been nsbu#L Lustily kvxbcg)ed, the property is in exosAart conddion. DeapMe the noted vileraaborm the house appears substanNaay as It did in historic photographs (see Confinuetion Sheet 4 of 4). 'P3b. Resource Attributes: (Net attributes and codes) HP2. Sloe - family Property `P4. Resources Present: ■EkAkWV ❑Structure aObject DSite ODistrict [Xismert of District DOther P5b. Photo: (view and date) Wiest elevation Af&vh 2004 "P8. Dab ConstructedlAge and Sources: whistoric Circa 1894/Soume: Las, 1980. W. Owner and Address: K"W A. Massey 1911 N. ftstwoodAve" Santa Ana, CA 92706 W. Recorded by: Leslie J. Neumann SA(C 35 S. Raymond Ave. t# 204 Pasadena, CA 91105 •P!. Date Recorded: April 21, 2004 •P10. Survey Type: fnlensive Sunray Update 'P11. Report Citation: (Cite survey sport and 00w sources, or ~"none') Lee, Kathleen. A. T. Bates Stock Ranch Home." fMftk ftsoymw May 1880. `Attacturrents: DNane CLoc830n Map OSketch Map sfContirwation Sheet ■Building, Sbucbxe, and Object Record OArchea idd Record DAiaMct Record OLinear FwAurs Record OMiNkV Station Record DRodc AR Record DArtilect Record Photograph Record O Other (pet) DPR 923A (1Ha) Page 3 of 6 25F -9 'Ro'club d inkma w State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 "CHR Status Code 5S1 *Resource Name or #: A. T. Bates Ranch House B1. Historic Name: A. T. Bates Ranch House B2. Common Name: Ramsey House B3. Original Use: Single - family Residence 84. Present Use: Single- family Residence '135. Architectural Style: Other: Folk House (1 -House Variant); Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed circa 1895 August 13, 1948. Private garage, 20 x 24. February 15, 1954. New foundation and repairs to residence. August 2, 1954. Private garage, 18 x 20. May 11, 1994. Reroof with tear off. Remove composition shingles and replace with composition shingles (pitched area). Remove built up roof and replace with built up roof (flat area). '137. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown `B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 Property Type: Single- family Residence Applicable Criteria: NR: A,C, CR: 1,3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The A. T. Bates Ranch House is historically significant as a substantially intact remnant from the early agricultural period in Santa Ana and architecturally noteworthy as an example of a vernacular ranch house. The house is located on the former seventy-acre A. T. Bates stock ranch, apparently purchased by Bates from N. O. Stafford, Columbus Tustin, and Samuel Ross who in turn had acquired this section of the Rancho Santiago de Santa Ana from the Yorba family (Ramsey, page 120). Bates had come west during the Gold Rush, and upon settling in Santa Ana around 1870, occupied an existing adobe home on the ranch (Marsh, page 30). One of his early employees was Robert McFadden, another of the pioneers of Santa Ana as well as of Newport Beach. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) 'B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanbom Maps (See Continuation Sheet 3 of 4.) B13. Remarks: 'B14. Evaluator: Leslie J. Neumann "Date of Evaluation: April 21, 2004 (This space reserved for official comments.) Sketch Map o O 398 -071 -07 1911 N. Westwood Avenue y V r o \J o I° 4 64 b O DPR 523B (1195) "Required Information Page 4 of 6 25F -10 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Pane 3 of 4 Resource Name or# (Assigned by recorder) A. T. Bates Ranch House `Recorded by Leslie J. Neumann, SAiC *Date April 21, 2004 0 Continuation ❑ Update "B10. Significance (continued): In 1910, father and son John B. and Merle Ramsey, who had come to Santa Ana in 1902 and subsequently set up business as plaster contractors, purchased fifteen acres of the ranch from a Mr. Talcott. By that time, the adobe had been replaced by the present house, estimated to have been built circa 1895 (Cultural Heritage Inventory, 1983). A bam with an attached bunkhouse was located west of the house (approximately where Westwood Avenue runs today). The Ramseys began tending the orange and walnut trees already on half of the acreage, and planted additional walnut trees and apricot trees on the vacant land. They also developed the Ramsey Apple" by grafting cuttings from their home in Ohio onto California rootstock. At the time of the Ramsey's purchase, the ranch, although located within the city limits of Santa Ana, was "far out in the country, " reached via dirt roads, with no nearby neighbors. The location of the property was understood to be the vicinity of Baker and Seventeenth. In 1921, father and son divided the property, with the father keeping the rear portion for farming and son taking the front in order to take advantage of the expanding residential area of Santa Ana by building houses. City directories in the 1930s list the address of John Ramsey as 1901 North Baker Street and of Merle Ramsey as 1101 West Seventeenth Street. Westwood Avenue north of Seventeenth, however, was not developed until the post World War ll period, and the first building permit with the current address was recorded in 1948. Merle Ramsey recalled his life on the A. T Bates ranch in This Was Mission County: Reflections in Orange of Merle and Mabel Ramse y. published in 1973, and noted that the house remained exactly when; it had been, only surrounded by streets and houses. Ramsey also recalled unearthing several Native American artifacts on the property, most notably two stone pots discovered when they installed an irrigation system. Since the second half of the twentieth century, the neighborhood in which the A. T. Bates Ranch House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed during the 1950s, and the California Ranch style homes that characterized that era still dominate the streets of West Floral Park in the early twenty-first century. Although the A. T Bates Ranch House has been altered somewhat, its massing, roof configuration, the placement of the windows and doors, and plan features such as the porch and balcony still bear a close resemblance to historic photographs in the Ramsey book (see Continuation Sheet 4 of 4) and included in the documentation at the Santa Ana Library History Room (Cultural Resources Inventory, 1983). The house is vernacular in design, combining features associated with the Dutch Colonial Revival (the gambrel roof) with the elements of the tradition of wood - framed folk houses (the overall massing, simplicity of design, and lack of ornamentation). In contrast to the mid twentieth century "California Ranch" style homes that have been built around it, the A. T Bates Ranch House is easily recognizable as a product of the nineteenth century. The A. T. Bates Ranch House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a structure with the distinguishing characteristics of an architectural style or period, and under Criterion 7, as a building connected with a business or use which was once common, but is now rare. Additionally, the house has been categorized as "Key" because it "is characteristic of a significant period in the history of the City of Santa Ana, "the agricultural period. Character - defining exterior features of the A. T. Bates Ranch House that should be preserved include, but may not be limited to: original materials and finishes where extant, roof configuration and detailing; massing; windows and doors (including original placement dimensions, and materials where extant); porch configuration and original detailing, where extant,' brick chimney, and architectural details (such as the sill course and balcony). DPR 523L Page 5 of 6 25F -11 Stab of CaNfongs -- The Resources Agency Prin wY S DEPARTMENT OF PARKS AND RECREATION HRI S CONTINUATION SHEET Trinomlw Page 4 of -I- Resource Name or * (Assigned by recorder) A T. Oaks Ranch (louse 'Recorded by Los#* J. Neumann, SAIC -Date Apr# 21, 2004 M Conft atlon 0 update '812. References (continued): Hauls, Cyr# M. . New York, WW Norm, 1998. Marsh, Diann. Santa An&,_An HOMW H[atierv. Einck* s, Heritage Pub'shing, 1994- McAlester, Vmph* and Lee. A I%k Gukb to American /iouaes. New York: Afrod A. Knopf, 1984. Natrona! Register & Ne8n ISA. -How to C Mute Bee National Register RegistrMlon Form." WaahkVton DC: National Register Branch, National Perk Sewtco, US Dept of the k0dor, 1991. Office of Histow Preservation kmdruchons for Reconft Historical Resources. " Ssommento: Mauch 1995. KWffen, Marcus. Am tr on AnAjoctwy Since 178. Cambridge: ALIT Bess, 1969. Sarits Ana and OraVe Cowoty Dkododes, 1901 -1935. Armor, Samuel fftimy of Oman Cour v. Los Angeles: Dory Record Company, 1921. Ramsey, Merle and Mabel with Warren F. Morgan. TINS Was Mission Cawetrv. Lagune Beach: Mission Printing Co., 1973. 'The A. T. Bades Stock Renck Name, " Ciftnol fbrkage kworgay slab C -13, Santa Ana Lit rwy History Room. P5b. Historic Photographs: DPR ax source: Ramsey, Made and Mabel w th Worm F. Morgan. This Was AiisaiM Country. 1973. P"c6of6 25F -12 MILLS ACT AGREEMENT 1911 North Westwood 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 §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this November 15, 2010 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 Ashley and Ninh Vu, (hereinafter referred to as "Owner "), owner of real property located at 1911 North Westwood 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 Owner 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 possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1911 North Westwood 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. -1- EXHIBIT 3 25F -13 MILLS ACT AGREEMENT 1911 North Westwood 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 November 15, 2010, 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: I►JB 25F -14 MILLS ACT AGREEMENT 1911 North Westwood 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 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 -15 MILLS ACT AGREEMENT 1911 North Westwood 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 have 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 have 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 %2) 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 -16 MILLS ACTAGREEMENT 1911 North Westwood 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 subject the Historic Property, located at 1911 North Westwood Avenue, Assessor Parcel Number, 399 - 071 -07, 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' 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: Ashley and Ninh Vu 1911 North Westwood Avenue Santa Ana, CA 92706 -5- 25F -17 MILLS ACT AGREEMENT 1911 North Westwood 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' 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 restrictions 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-18 MILLS ACT AGREEMENT 1911 North Westwood 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 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: MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- CITY OF SANTA ANA DAVID N. REAM City Manager By: Ashley Vu By: Ninh Vu MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 Exhibit A TR 1280 LOT 15 NLY 70 FT -EX NLY 8 FT- Assessor's Parcel Number: 399 - 071 -07 WE 25F -20 MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 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. 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. 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- 25F -21 MILLS ACT AGREEMENT 1911 North Westwood 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- 25F -22 MILLSACT AGREEMENT 1911 Noi lk Watwbod Amnue Sonfe Any, C4 92706 Exhibit C (photograph attached) Ere 1911 NORTH WESTWOOD AVENUE PHOTO LOCATION MAP WESTWOOD AVENUE 62.00 i � I 1 I i I I I 158.5 i 1 1 I I I I I I I I I I I I I NORTH -12- 25F -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: AGREEMENT FOR ENVIRONMENTAL SERVICES WITH KIMLEY -HORN AND ASSOCIATES, INC. ,!�"�° CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Kimley -Horn and Associates, Inc. for environmental services in an amount not to exceed $40,150, for a new McDonald's restaurant at 1100 South Grand Avenue subject to non - substantive changes approved by the City Manager and City Attorney DISCUSSION In November 2009, the Planning Division received a submittal by Fountainhead Development to construct a new McDonald's Restaurant on two properties located at 1100 S. Grand Avenue. During the site plan review process, it was determined that a mitigated negative declaration would be required for this project to meet the requirements of the California Environmental Quality Act. Staff sent out a Request for Proposal to three qualified environmental firms. After reviewing the proposals, Kimley -Horn and Associates, Inc. was selected as the environmental consultant for the project. The consultant has identified a cost of $40,150 for the mitigated negative declaration to be prepared. FISCAL IMPACT Funds in the amount of $40,150 will be deposited by the applicant into the Planning and Building Agency account for contractual services (no. 09801001 - 24035). C-Z�� Jay Trevino Executive Director Planning and Building Agency VF:rb Vf\ reports \KimleyHomMNDoontract.cc111510 Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25G -1 25G -2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 2010 by and between Kimley -Horn and Associates, Inc., North Carolina Corporation (hereinafter "Consultant "), and THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the constitution and laws of the state of California (the "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of professional environmental reports and services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting fnrn in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide professional environmental services, including the preparation of a mitigated negative declaration, for a proposed McDonalds Restaurant at McFadden and Grand in Santa Ana. The scope of services (including estimated fees and costs) is attached hereto as Exhibit A and is incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 25G -3 3. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A, minus any scope of work contemplated under separate contract. The total sum to be expended under this Agreement shall not exceed $40,150.00 during the term of this Agreement. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2011, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended not shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total OA 25G -4 amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be ftimished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (3U) days prior written notice to the City. £ If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to Runish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) fiom any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is 25G -5 due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent acts, omissions or willful misconduct in the performance of this Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana C/o Clerk of the Council 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With copy to: Executive Director of City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973 -1461 4 25G -6 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant: Kimley -Horn and Associates, Inc. 765 The City Drive, Suite 400 Orange, CA 92868 Name Serine Ciandella, AICP Its Vice President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written donsent of the City and any such assignment, transfer, delegation or subcontract without 5 25G -7 the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NON - DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, 6 25G -8 authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City Rilly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if Rilly set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager KIMLEY -HORN AND ASSSOCIATES, INC. Serine Ciandella, AICP Vice President Tax ID# 7 25G -9 25G -10 EHIBIT A SCOPE OF SERVICES (Attached) 25G -11 25G -12 PROPOSAL TO PREPARE A MITIGATED NEGATIVE DECLARATION FOR A Mc DONALD'S DRIVE - THROUGH RESTAURANT IN THE CITY OF SANTA ANA PROJECT UNDERSTANDING The project applicant proposes to develop a 3,800- square -foot McDonald's Restaurant with drive - through window at the northwest corner of the intersection of Grand Avenue and McFadden Avenue. The project site consists of two parcels. A square parcel located at the corner of the intersection of Grand Avenue and McFadden Avenue is currently an empty dirt lot. A rectangular parcel located immediately to the north is currently occupied by the El Cortez restaurant and banquet hall, with a paved parking lot to the west of the building. The proposed project would consist of a lot merger of the two parcels, demolition of the El Cortez building, and construction of the McDonald's Restaurant on a portion of the site. The western portion of the El Cortez site is labeled "Not a Part (NAP) ", and would not be developed as part of this project. The proposed development would consist of the McDonald's building, a wrap- around drive - through with a dual order -board system, and 38 on -site parking spaces. The project will require preparation of environmental documentation, including supporting technical studies, in accordance with the requirements of the California Environmental Quality Act (CEQA). Based on our review of the RFP and our understanding of the project, the environmental document will be an Initial Study with a Mitigated Negative Declaration (N4ND). Technical studies will include a Phase I Environmental Site Assessment to identify any hazardous materials that may be present within the project site, a traffic impact study, and an air quality study and global climate change analysis. This scope assumes that a noise study is not needed for this project. This scope also assumes that the Initial Study described in Task 5 will incorporate site soils and geology information provided in the City's General Plan and a separate geotechnical study will not be needed for the project. Kimley -horn proposes the following Scope of Services. SCOPE OF SERVICES TASK I -- PROJECT KICK OFF AND COORDINATION The Kimley -Horn team will attend a kick -off meeting with the City of Santa Ana to initiate the environmental review process and collect readily available infrastructure and operations data. Kimley -Horn will perform a visual field observation of the project site and study area to identify and document known /visible built and natural features that may be adversely affected by the proposed project. City of Santa Ana - 1- Kimley -Horn and Associates, Inc. MND for McDonald's Restaurant April 30, 2010 25G -13 TASK 2 — PHASE 1 ENVIRONMENTAL SITE_ ASSESSMENT Kimley -Horn will prepare a Phase I Environmental Site Assessment (ESA) in accordance with the due diligence procedures and methodology presented in the American Society for Testing & Materials (ASTM) E 1527 -05. The purpose of the Phase I ESA is to provide the following: • An identification of Recognized Environmental Conditions (RECs) as defined in ASTM E 3527 - 05,1.1.1 • An opinion of the impacts on the property resulting from conditions identified during the investigation, by a qualified Environmental Professional (EP) (ASTM E 1527 - 05,12.6) • An opinion, by a qualified EP, on the need for additional investigations (ASTM E 1527 -05, 12.6.1) • A statement consistent with ASTM E 1527 -05, 12.13, on the qualifications of the EP and the suitability of the Phase I ESA to meet the requirements of The All Appropriate Inquiry Rule, CFR 40 312. This Phase I ESA will also provide comments on non -scope considerations defined under ASTM'E 1527- 05,13. The assessment will reflect the general national standard of practice and the local customary practice as understood by Kimley -Horn. The EP will use ASTM 1527 -05 along with our judgment and experience when reviewing results of the assessment and in identifying findings and RECs (ASTM E 1527 -05, 1.6). Kimley- Horn's scope of services for conducting the Phase I ESA consists of the sub -tasks set forth below. The following tasks refer to only that information that is defined as reasonably ascertainable (ASTM E 1527 -05, 6.2.1). TASK 2. 1 RECORDS REVIEW This task consists of the following: An environmental database search will be prepared encompassing the minimum search distances listed in ASTM E1527 -05, 8.2.1. This report will be reviewed for known and suspected contaminated sites. Where available, local environmental agency files and other local governmental authority files, as defined in ASTM E 1527 -05, 8.2.2 may be reviewed, if the EP determines the files to be reasonably ascertainable and relevant to the successful completion of the Phase I ESA. • Kimley -Horn will review readily available databases on institutional and engineering controls (IC/EC) and Activity Use limitations (AU Ls). • Kimley -Horn will retrieve and examine readily available historical aerial photographs of the site and the surrounding vicinity. Aerial photographs will be researched to the earliest date that is reasonably obtainable. Kimley -Horn will obtain and review readily available historical city directories, fire insurance maps, and historical topographic maps. City of Santa Ana - 2 - Kimley -Horn and Associates, Inc. MND for McDonald's Restaurant April 30, 2010 25G -14 • Should Kimley -Horn determine that other readily available, non- traditional sources may provide information relevant to the completion of the Phase I ESA, these sources will be reviewed and documented. TASK 2.2 SITE RECONNAISSANCE Kimley -Horn will conduct a site reconnaissance consistent with ASTM E 1527 -05, 9, which will consist of the following: • Observations of exterior site conditions • Observations of interior site conditions • Determination of current use of the property • Determination of current use of the adjoining properties • Identify evidence of past use of property • Identify evidence of past use of adjoining properties • Identification of the following visually or physically accessible items: - Hazardous substances and petroleum products - Storage tanks - Odors, pools of liquid, drums - HVAC system power /fuel source - Containers of known and unknown substances - Possible Polychlorinated Biphenyls (PCBs) - Stains and corrosion on floors, walls and ceilings - Drains and sumps - Pits, ponds or lagoons - Distressed vegetation - Stained soil or pavement - Solid waste - Waste water - Wells - Septic systems The Site Reconnaissance will be non - invasive. Kimley -Horn will not collect or analyze any samples. We assume that we will be allowed appropriate access to all areas of the site and that the site reconnaissance shall be conducted as a single event. Should an additional site reconnaissance be required due to access limitations, the additional site reconnaissance shall be considered additional services. TASK 2.3 INTERVIEWS Consistent with ASTM E 1527 -05, 10.5.2.3 and 10.5.4, Kimley -Horn will make a reasonable attempt to conduct the following interviews: • Kimley -Horn will interview current and past owners, operators and occupants of the property that have or are likely to have material information regarding uses, physical characteristics and the potential for REC's at the subject property consistent with ASTM E 1527 -05 sections 10 .5.1,10.5.2,10.5.2.1,10.5.2.2, and 10.5.4. City of Santa Ana - 3 - Kimley -Horn and Associates, Inc. MND for McDonald's Restaurant April 30, 2010 25G -15 • Kimley -Horn will interview one or more of the following state or local agencies to obtain site specific information: City of Santa Ana ;fire Department Orange County Environmental Health Department Department of Toxic and Substance Control TASK 2.3 REPORT PREPARATION Upon completion of the Tasks 2.1 and 2.2 activities, Kimley -Horn will prepare a summary report of the results of the Phase I ESA. The report will be formatted consistent with Appendix X4 of ASTM E 1527 -05 and will contain the following: • Phase I documentation • USGS Quad map(s) • Aerial photograph(s) of the site • Database search records • Site photographs • Description of field activities and site reconnaissance documentation • Interview documentation • Findings and identified REC's • EP opinion on need for additional investigation • Identification of, and opinion on significant data gaps • Conclusions • EP statement consistent with ASTM E 1527 - 05,12.13 • Qualifications of EP and staff working on Phase I ESA TASK 3 AIR QUALITY I GLOBAL CLIMATE CHANGE ANALYSIS Scientific Resources Associated (SRA) will sub - contract with Kimley -Horn to prepare an evaluation of potential air quality and global climate change impacts associated with the proposed project. TASK 3.1 EVALUATE EMISSIONS FROM PROJECT CONSTRUCTION SRA will conduct a project - specific construction evaluation to assess potential impacts from construction of the project. The analysis will be based on information provided by the City regarding construction schedules and requirements, including workforce, construction equipment, and grading /earth- moving amounts. SRA is proposing to estimate emissions using the URBEMIS 2007 Model, Version 9.2.4. SRA will compare emissions with Southern California Air Quality Management District (SCAQMD) significance thresholds and evaluate the effect of mitigation measures, if appropriate. In addition, SRA will conduct a screening analysis of localized impacts based on the SCAQMD Localized Significance Threshold methodology, which provides estimates of the potential for air quality impacts due to construction and operations based on project size and proximity of receptors. City of Santa Ana - 4 - Kimley -Horn and Associates, Inc. MND for McDonald's Restaurant April 30, 2010 25G -16 TASK 3.2 EVALUATE CRITERIA POLLUTANT EMISSIONS SRA will estimate the emissions associated with the proposed project. The analysis will address potential increases in area sources (energy use, landscaping, etc.) and vehicle emissions. In addition, SRA will address potential emissions associated with cooking and vehicle idling in the drive- through. Because of the size of the project, SRA assumes that no CO "hot spots" analysis will be required. In the event that the traffic analysis indicates a degradation in Level of Service due to project - related traffic, the analysis for the CO "hot spots" will be considered additional services. SRA will also conduct a Localized Significance Analysis based on on -site emissions associated with vehicle idling and McDonald's operations. TASK 3.3 GLOBAL CLIMATE CHANGE EVALUATION To address the requirements of the recently adopted CEQA guidelines, SRA will conduct a greenhouse gas analysis in accordance with CEQA requirements and SCAQMD draft guidance. The analysis will include quantification of emissions of greenhouse gases, a discussion of the consistency of the project with the applicable Climate Action Plan(s), and a discussion of the project's consistency with the goals of AB 32. Because of the size of the project, SRA anticipates that the analysis will demonstrate that emissions would not result in a significant impact on global climate. If required, SRA assumes that McDonald's will provide information on projected energy and water use for the project that will serve as the basis for the evaluation, along with proposed measures to reduce greenhouse gas emissions such as energy efficiency measures and water conservation measures. TASK 3.4 PREPARE TECHNICAL REPORT SRA will prepare an Air Quality Technical Report and Global Climate Change Report that summarize the analysis conducted for Tasks 3.1 through 3.3. The reports will summarize the results of the analyses. SRA assumes we will address one round of comments in this task. TASK 4 -- TRAFFIC IMPACT STUDY A traffic impact study will be prepared in accordance with the traffic study requirements of the City of Santa Ana. The traffic study will address the project's traffic - related impacts on the street system surrounding the project site. The study will also provide an evaluation of site access, on- site circulation, and drive - through queuing. The following tasks are envisioned. • Conduct a site visit to observe existing traffic conditions on the streets surrounding the project site and at the study intersection. • Obtain a copy of the project site plan for the proposed project, including building square footages and uses, site layout, site driveways, parking supply, and any other site features that will affect the traffic analysis. City of Santa Ana - S - Kimley -Horn and Associates, Inc. MND for McDonald's Restaurant April 30, 2010 25G -17 Obtain peak hour turning movement traffic count data at the intersection of Grand Avenue and McFadden Avenue for three peak periods: AM peak hour (7:00 to 9:00 AM) Lunchtime peak hour (11:00 AM to 1:00 PM) PM peak hour (4:00 to 6:00 PM) • Obtain daily traffic volumes on the roadway segments in the immediate vicinity of the project site: - Grand Avenue, north and south of McFadden Avenue - McFadden Avenue, east and west of Grand Avenue • Develop project trip generation estimates for the proposed project the morning, midday (lunchtime), and evening peals hours. The trip generation data that is available in the Institute of Transportation Engineers (ITE) Trip Generation (8th Edition) publication for a fast -food restaurant with a drive - through contains widely varying results for daily and peak hour periods, and the Rz values are very low. The Trip Generation document also does not provide trip generation data for the lunchtime peak period. For these reasons, we propose to develop trip generation rates by other means: - Kimley -Horn will first poll our Kimley -Horn offices across the country to see if any of our colleagues have conducted trip generation studies for McDonald's. - We will then conduct an internet search to see if trip generation data for McDonald's is available from other sources. We will submit any data obtained through these efforts to City staff for review and consideration. If, after review of the data, it is determined that trip generation data needs to be collected locally, we will arrange for driveway counts at two local McDonald's for the time periods listed above. We will request input from the project applicant and city staff to identify two appropriate McDonald's locations for data collection. For budgeting purposes, the cost for traffic data collection is assumed in this proposal. • The El Cortez restaurant and banquet facility is currently operating on a limited schedule. They are not open Monday through Wednesday, are open for lunch and dinner on Thursday, and open only for dinner Friday through Sunday. We will consult with staff to develop an appropriate approach to account for trip generation for the existing site operation. • Develop trip distribution assumptions for the project traffic, based on likely origins and destinations of employees and customers, and current traffic patterns in the area. Project traffic will be distributed through the study intersection and on area roadway segments, and the project traffic contribution to each intersection will be identified. City of Santa Ana - 6 - Kimley -Horn and Associates, Inc. MND for McDonald's Restaurant April 30, 2010 25G -18 Each of the topics identified on the environmental assessment form contained in the State CEQA Guidelines will be evaluated to document the nature and extent of potential environmental consequences and the need for mitigation. Many of the issue areas addressed in the Initial Study will not have the potential for significant effects (i.e., "No Impact" or "Less than Significant Impact ") based on the type and size of the proposed project. However, the document will address any potential impact under the environmental issues. The specific purpose of the analysis in the Initial Study will be to identify potential significant adverse environmental impacts and incorporate measures to reduce or mitigate any adverse consequences. Kimley -Horn will prepare a draft Initial Study document to include the following sections: Introduction - This section will introduce the Initial Study, describe the purpose of the Initial Study and determination for the preparation of the MND and will provide a brief summary of the findings of the Initial Study. Environmental Setting - The environmental setting will describe existing physical setting and characteristics of the project site, as well as the setting and character of adjacent land uses and the immediate surrounding area. Project Description - The project description will provide a description of the proposed project. The purpose and need for the project will be stated, along with the benefits of the proposed project. Discretionary actions needed to implement the project would be identified. Environmental Analysis - This section will provide an expanded discussion of the environmental issues as presented in the Environmental Initial Study checklist. Each checklist question will be presented along with a response. A statement will be provided to support the checklist response to each question. References used as the basis for the analysis would also be listed after each response. Mandatory Findings of Significance - This section of the document will provide a discussion of the project's impacts, as they relate to the mandatory findings of significance under CEQA. Similar to the discussion in the Environmental Analysis section, a response will be presented for each of the Mandatory Findings of Significance questions, as found in the Initial Study Checklist. Any mitigation measures developed to reduce adverse impacts will also be identified, to support the determination of an MND. Appendix - The Environmental Initial Study checklist will be included as an appendix to the document. TASK 6 t-- PREPARE MITIGATION MONITORING PLAN In compliance with AB 3180 (PRC 21081.6), which requires the monitoring of mitigation measures and reporting their implementation to ensure compliance as part of specific project approvals, Kimley -Horn will prepare a Mitigation Monitoring Plan (MMP) for the project. Implementation of any mitigation measures and the required monitoring would be linked to specific stages of project development to define when mitigation measures are to be implemented, responsible party, and method of monitoring. We assume one round of revisions based on the City's review of the MMP. City of Santa Ana - 8 - Kimley -Horn and Associates, Inc. MND for McDonald's Restaurant April 30, 2010 25G -19 TASK 7 — CIRCULATE INITIAL STUDY AND MND Kimley -Horn will prepare the Office of Planning and Research COPR) Notice of Completion, Notice of Availability and Notice of Intent as part of this task. Kimley -Horn will distribute the Notices and draft Initial Study to the State Clearinghouse, responsible agencies and other interested parties to initiate the public review period, but we assume the City would be responsible for posting and /or noticing in the local newspaper. Kimley -Horn would post the Notice of Intent at the Orange County Clerk's office. TASK 8 -- RESPOND TO COMMENTS AND PREPARE FINAL MND Upon completion of the 30 -day public review period, Kimley -Horn will prepare written responses to letters of comment received. Comments will be discussed with the City and an approach to the responses will be agreed upon prior to preparation of the responses. Draft responses to comments will be submitted for review and comment. Once finalized, Kimley -Horn will provide copies of the responses to agencies and parties that provided written comments on the Initial Study. After responding to the comments and in accordance with City direction, Kimley -Horn will revise the Initial Study and MND and prepare the final documents. The final Initial Study /MND will include necessary agreed -upon revisions requested by staff or resulting from the Public Review process, all Letters of Comment and Responses, and the MMP. This task assumes that following the adoption of the MND, Kimley -Horn would prepare and file the Notice of Determination at the Orange County Clerk's office. This task assumes 25 hours of effort to respond. Any effort- beyond these hours will be considered additional services. TASK 9 -- MEETINGS AND PUBLIC HEARINGS The Kimley -Horn team envisions the need for just one (1) project kick -off meeting with the project team. In addition, if required, Kimley -Horn will attend one Planning Commission and one City Council hearing regarding adoption of the document. PROJECT SCHEDULE A project schedule reflecting a six -month timeframe from notice to proceed to completion, including the appeal period, is provided on the next page. Our team is available and ready to start work immediately upon receipt of notice to proceed. FEE SCHEDULE A copy of our proposed fee, broken down by task, including the cost for the Air Quality analysis by our proposed sub - consultant SRA, is provided on the last page of this proposal. City of Santa Ana - 9 - Kimley -Horn and Associates, Inc. MND for McDonald's Restaurant April 30, 2010 25G -20 w 0 J uj U F— V to O a 0 LL z L_0 r LU 0 W Q LU z C) LU Q C7 LL z O Q Q Q W a Q Q V) uj (2 v 0 s.0 z 0 U F z a z V) LL 0 U t:u s F- z 25G -21 ®■■■■■1l■■■EEEE■t�■EE■ ■■■■■■�■■■ ■■■■■ ■Err■ on 0 B ■ ■ ■ ■SIIS ■ ■■ ■ ■■ ■SEEN _ ® ■ ■E ■ ■l�EEE■ ■ ■ ■ ■ ■ ■ ■■ - ®SEES ■t1 ■ ■ ■�s _ ■■■■OEEE ® ■■■E ■ t ■■■. - , EON = ■■■ B ■ ■ENNIEE4 Ems moons _■■■■■■■■■■ oEE■ ■Eta ■ ■`_ . ■ ■ ■ ■ ■t�11� - ■ ■EE ■ ■ ■ ■■ O0 SEEN ■ ■S NONE ■ ■EN ONE! S1� N■ENEEEESE■■ EENE■■ ■E ■■EE D ■It 11 EEN■E ■■E ■NE■ ©Eill_ ml, EENENE■■■ENN .11 ©I�r moo-ME ENEEEEE ■NEEE 25G -21 PREPARATION OF AN MND FOR A MCDONALD'S DRIVE - THROUGH RESTAURANT IN THE CITY OF SANTA ANA ESTIMATE OF COST BREAKDOWN BY TASK KIMLEY -HORN AND ASSOCIATES, INC. IF- TOTAL TOTAL TASK HOURS COST Project Coordination / Kick -off 20 $3,950 Prepare Phase 1 ESA 49 $6,340 Prepare Draft Initial Study 59 $6,860 Traffic Impact Study / Trip Generation Study 108 $14,070 On -site Circulation and Queuing Evaluation 28 $4,100 Air Quality Study (Sub- Consultant SRA) 26 $4,700 Prepare MMP 10 $1,170 Circulate IS/ MND 17 $1,780 Response to Comments / Final MND 33 $4,290 Public Hearings 16 $3,300 TOTAL HOURS 366 $50,560 Expenses Office Expenses: duplicating, forms reproduction, plots, bluelines, $2,530.00 computer expenses, deliveries, etc. On -site driveway and queuing data collection @ $S0 / hr 24 1,200.00 Intersection Counts @ $200 per intersection (3 pk periods) 1.5 300.00 Roadway Counts @ $100 per segment 4 300.00 Total Expenses 4,330.00 Sub -Total $54,890.00 Contingency N/A $0.00 Total $54,990.00 4130/2010, 11:25 AM 25G -22 1M14 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I . The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 6 25G -23 25G -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: COOPERATIVE AGREEMENT WITH OCTA AND COUNTY OF ORANGE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Vt Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For CK�7��I�1�T�1t�[i7 FILE NUMBER Authorize ongoing custodial service expenses in the amount of $18,262.50 per year and $15,000 in improvements pursuant to a Cooperative Agreement and Amendment No. 1 between the Orange County Transportation Authority, the County of Orange and the City for the public restrooms at the Santa Ana Transit terminal. DISCUSSION The Orange County Transportation Authority owns the transit terminal in the city which is currently vacant. That terminal building has restroom facilities that the County of Orange and the City agree are needed in the Civic Center area. A cooperative agreement between the three parties is currently in effect and provides for a maximum of $15,000 in improvements to the facility to limit public access to the remainder of the building and monthly maintenance expenses. It is likely that the aggregate amount of the agreement will exceed the $25,000 limit this fiscal year which requires approval from the City Council. It is recommended that the Council authorize these expenses and continue to provide public access to these restroom facilities. FISCAL IMPACT Funds for the agreement are budgeted in the City Manager's account for professional contract services (accounting unit 01105015 - 62300). Raul Godirfez II Executive Director Public Works Agency RG/TLC APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25H -1 25H -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 CLERK OF COUNCIL USE ONLY: TITLE APPROVED AGREEMENT WITH PACIFIC ❑ As Recommended TRAFFIC DATA SERVICES FOR ❑ As Amended TRAFFIC COUNTING SERVICES E] Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading PROJECT (PROJECT NO. 116739) ❑ Implementing Resolution ❑ Set Public Hearing For_ s 7 CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the agreement with Pacific Traffic Data Services to provide traffic counting services, for an amount not to exceed $30,000 with an option to extend the agreement for one additional year, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION The City contracts for annual traffic counting services to conduct counts for neighborhood studies, the biannual citywide traffic volume study, traffic signal operations, and the annual traffic signal and left -turn priority studies. These contracts also include data collection and speed surveys in support of the speed hump program. A Request for Proposals (RFP) for annual traffic counting services was mailed on September 29, 2010 to 11 qualified consulting firms. One of the firms is based in Santa Ana. Seven of the 11 consultants submitted proposals. The proposals were reviewed by a three - member committee comprised of Public Works Agency staff. The ratings were based on experience, qualifications, project understanding, scheduling, past performance, and the overall proposal. Once rated, the sealed cost bids of the top four firms were opened. To compare the fees of the firms, the RFP required each firm to submit its proposed costs for a particular scenario of work specified in the RFP, based on the fee schedules for services. The costs for the scenario were for comparison purposes only and not related to the contract amount. 251 -1 Agreement for Contract for Traffic Counting Services November 15, 2010 Page 2 The proposal scores and total costs for the scenario are: AVERAGE SCENARIO FIRM SCORE COST 1. National Data & Surveying Services 96 $ 21,700.00 2. Pacific Traffic Data Services 92 $ 14,338.75 3. Quality Traffic Data 90 $ 20,885.50 4. Metro 89 $ 31,375.00 It is recommended that Pacific Traffic Data Services be retained for an amount not to exceed $30,000 for annual traffic data collection services. The consultant will be paid only for the services performed as required and in accordance with the rates submitted in the proposal. The contract will include an option to extend the agreements for one additional year. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The total cost of the agreement is not to exceed $30,000 per year. Funds in the amount of $30,000 are available in the Measure M - Select Street Construction fund (accounting unit no. 03217660- 66220). Raul Go inez II Executive Director Public Works Agency RG:ZK Exhibit 1: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director �J Finance & Management Services Agency 251 -2 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 151h day of November, 2010 by and between Pacific Traffic Data Services, a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of traffic counts services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide traffic counting services on an as- needed basis, as set forth in City's "Request for Proposals — Annual Contract For Traffic Counting Services" and the specifications attached hereto as Exhibit A and incorporated by this reference. All services will be provided in conformance with Consultant's Proposal dated September, 13, 2010, on file with the Public Works Agency and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $30,000.00, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. The invoice shall provide a description of the location and purpose of the count and the person requesting the count, in addition to a detailed breakdown of the services, tasks, hours, and unit costs of the hourly rates. City shall retain ten percent (10 %) of payment for each task until the task is complete. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2011, unless terminated earlier in accordance with Section 13, below. This Agreement may be renewed for an additional one -year period upon the same terms and conditions set forth herein. The term of this 251 -3 Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain, and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per occurrence. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 2 251 -4 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall defend, indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from any and all claims, demands, damages, costs, expenses, judgments or liability of any nature whatsoever which may arise from the negligence or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf in the provision of the services described in section 1 of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises from the negligence or willful misconduct of Consultant in the provision of services. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 3 251 -5 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Santa Ana Public Works Agency Traffic and Transportation Engineering 20 Civic Center Plaza (M -43) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -5616 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant: Pacific Traffic Data Services Mr. Douglas Bowen 8502 E. Chapman Avenue, Suite 625 Orange, California 92869 Telefacsimile 714 - 882 -7369 A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. 4 251 -6 In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. 251 -7 Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney DAVID N. REAM City Manager PACIFIC TRAFFIC DATA SERVICES DOUGLAS BOWEN Senior Partner Tax ID# 6 251 -8 EXHIBIT A I. PROJECT DESCRIPTION The City of Santa Ana is soliciting proposals from traffic count firms to provide traffic counting services on an as- needed basis for one year. The total annual cost for the contract shall not exceed $30,000. The contract will have a provision to extend such services for an additional year. Neighborhood requests for City assistance in solving intrusive traffic problems often require a series of traffic counts to be taken at specific locations over several days to confirm and then to monitor the intrusive traffic. In such a situation, it is important that the same firm be used throughout the study for consistency and reliability. In addition to typical counts for stop sign warrants, the annual contract for traffic counting services may also include the bi- annual city -wide Average Daily Traffic study, City -wide Turning Movement study, and traffic counts for our signal priority list studies. Pedestrian counts, speed surveys, vehicle classifications (using machines) and/or other services may also be requested as part of this contract. For services not specifically listed, a price for such services will be mutually agreed to prior to the provision of services. From the proposals received, one firm will be selected. The City will enter into an agreement with the selected firm. As traffic counting needs are identified, they will be assigned to the selected firm. The City reserves the right to assign the work in any manner which will best serve the City's interests. II. SCOPE OF WORK The Consultant shall provide necessary services for collecting traffic count data for various studies on an as- needed basis. This may include, but not be limited to 24 -hour ADT counts, 24 -hour entering traffic volume counts, intersection turning movement counts for 2, 4, or 6 -hour, etc. periods, hourly pedestrian counts, speed surveys, and machine vehicle classifier data. For the assigned tasks, the Consultant shall compile the traffic data and provide the following to the City: • For each ADT volume count, a two- directional 15- minute count sheet with hourly totals, similar in format to the sample in Attachment E. Note: Consultant must be able to provide up to 25 simultaneous count locations for neighborhood traffic counts. • For each entering traffic volume count, a 15- minute count sheet with hourly totals, containing all legs of the intersection (sample in Attachment E). • For each manual turning movement count, a 15- minute count sheet for each count period, with the actual peak hour(s) identified (sample in Attachment E). Note: Consultant must be able to provide LIP to 15 simultaneous count locations for neighborhood traffic counts or for various intersection locations throughout the City. • For each intersection pedestrian count, a 15- minute count sheet for each count period, plus a count sheet of manual (vehicle) turning movements, if requested. Note: Counts categorized by age group may be requested for certain locations. 7 251 -9 • For the Citywide Average Daily Traffic (ADT) study: a. Count sheets as described above. Note: Consultant should be prepared to conduct counts at 280 locations within a 2 -month period. b. "Traffic Census" booklet (summary of ADTs), 25 bound copies and the associated electronic files. c. Traffic Flow Maps (sample in Attachment E) will be included in the "Traffic Census" booklet. City will furnish the street map on computer diskette, compatible with AutoCAD or Microstation. Depending on the cost provided by the Consultant, the City may choose to complete this map in- house. d. If, due to the cost limit of the contract, more than one Consultant is needed to complete the study, the City will furnish the count data collected by the "secondary" Consultant to the "prime" Consultant who is compiling the "Traffic Census" booklet. The "prime" Consultant will include this data in the count summary and on the flow maps of the 'Traffic Census" booklet. e. Before the Consultant(s) begin the study, a schedule will be developed in cooperation with the Consultant(s) regarding when the counts will be conducted, and when the count data and "Traffic Census" booklet will be delivered. • Computer file(s) for all counts conducted by the consultant, including manual or machine counts, in Excel spreadsheet format every three (3) months. Computerized files shall also be provided upon city' staff request. 3. CITY RESPONSIBILITIES The City will furnish each selected Consultant with a map showing the street sweeping schedule. The City will notify the Consultant of any changes to the schedule. With each request for traffic count data, the City will provide: • The location(s) of traffic data collection, • The type of data to be collected, and • When the data is to be collected. For the City -wide ADT study, the City will furnish the street map on computer diskette, compatible with AutoCAD or Microstation. 251 -10 EXHIBIT B CONSULTANT FEE SCHEDULE 251 -11 rj CL 1 i c M HLI.�A NI l;!a46l Ell] iltll a !A+! w 4ft 40�0 44:2 1 t V" 411 4+ 4* 411 cy qv; Ao� V�i M a� 401- V-V la om w M 1: '15 5! Rig 1 1 C'ViT!� TL! T i's"119 0 . .0 g�gizfx gi.19�9 ,o01 0 :m 11191 o 16 NIX ,4 MIX E; W! cc I " DPEDi Ix - 81DIzil - DIE i-., Q ?:R: R:9 =12�2;9 li 212 4 T! fl Ce 6 6A 0 O- :7- Z 0 0 0 - :6, HWY U w 1 K ce Uli� de HIM ce Lu V6 19 4 M HLI.�A NI 1 t V" 411 4+ 4* 411 la om w M 1: '15 5! Rig 1 1 C'ViT!� TL! T i's"119 0 . .0 g�gizfx gi.19�9 ,o01 0 :m 11191 o 16 NIX ,4 MIX E; W! cc I " DPEDi Ix - 81DIzil - DIE i-., Q ?:R: R:9 =12�2;9 li 212 4 T! fl ORANGE COUNTY PACIFIC TRAFFIC & TRANSIT DATA SERVICES A REGIONAL DATA COLLECTION FIRM SERVING SOUTHERN CALIFORNIA FROM OUR OFFICE IN MISSION VIEJO 27722 RUBIDOUX . MISSION VIEJO' CALIFORNIA 92692 Douglas Bowen has over 23 years of owner and operations experience. it should be noted that Douglas Bowen has been a successful bidder on the city of Santa Ana contract as an owner of Southland. Prior to founding Southland, he worked as an employee of TDS, which was under contract by the city of Santa Ana. Douglas Bowen is very familiar with both the city of Santa Ana and work required under the contract. Pacific is well aware that it has submitted prices that are well below recent pricing. We have made the decision to aggressively price this contract. Pacific will profitably fulfill its obligation and complete the tasks as included within the terms of the contract. I can assure you that Pacific has priced it at a level that will still result in a gross profit to Pacific as it relates to each service. As a result of our decision to aggressively price this contract, the city of Santa Ana has the opportunity to cut its costs, while not sacrificing quality and in fact it will see a provable increase in the quality of its data. We are certainly willing to meet with city representatives to discuss in detail the basis for our cost and related pricing. Pacific used high estimates in its calculation to provide the city with estimated cost, so as to not underestimate the cost of completing each task. In addition and due to how Pacific operates, costs decline as a percentage of revenue as the size of the project increases in size. The cost estimates are based on each scenario provided by the city of Santa Ana... The cost to complete 4 approach volumes will not exceed $51.50($12.88 per set -up) for the intersection. The cost estimate is inclusive of all related field expense, office expense, payroll tax and insurance. The profit margin will exceed 25.36 %. The cost to complete 25 bi- directional tube counts will not exceed $388.75($15.55 per location). The cost estimate is inclusive of all related field expense, office expense, payroll tax and insurance. The profit margin will exceed 21.13 %, The cost to complete 15 - 4 hour TMC will not exceed $1,149.60($19.16 per hour). The cost estimate is inclusive of all related field expense, office expense, payroll tax and insurance. The profit margin will exceed 28.37 %. The cost to complete 1 - 4 hour pedestrian & bike study will not exceed $57.24($14.31 per hour). The cost estimate is inclusive of all related field expense, office expense, payroll tax and insurance. The profit margin will exceed 27.54 %. Pacific only employs full time experienced personnel to complete the field work. An experienced field staff is far more efficient and far more likely to work safety while in the field. Currently there are not any fringe benefits, but based on profitability Pacific may add certain benefits to be provided to our field employees only. At the high end, the benefits will be limited to a cost of no more than 2.56% of gross sales, therefore If the city wants to factor in the potential for a fringe benefit, it should add no more than 4% to the cost indicated above. Pacific does not anticipate the need to purchase additional equipment specifically for this contract, but the city may factor in a cost equal to 1.5% for miscellaneous supplies that may not be factored into the cost above. Rate for the following examples as Indicated by the city of Santa Ana... 1 - 4 approach volumes = $89.00 1$17.26 per one tube set -up] 26 bi- directional tube counts = $493.76 [$19.76 per two tube set -up] 15-4 hour TMC locations = $1,605.00 [$107.00 per Intersection - $26.75 per hour] 1 - 4 hour pedestrian & bike study only = $79.00 [$19.75 per hour] 251 -13 251 -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE AGREEMENT WITH ALBERT GROVER & ASSOCIATES FOR CITYWIDE SPEED LIMIT STUDY (PROJECT 116738) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Albert Grover & Associates to conduct an engineering and traffic survey for speed limit updates, in an amount not to exceed $44,682 subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION An engineering and traffic survey is required every five years in order for the City's posted speed limits to comply with the California Vehicle Code requirements for enforcing speed limits. Since the prior study was conducted in 2006, it is time for the City to update its study. Requests for Proposals were sent to nine qualified consultant firms. Five firms submitted proposals. The proposals were evaluated by a four - member committee comprised of Police and Public Works Agency staff. The proposals were rated on the basis of qualifications, experience with similar projects, work plans, and overall proposals. Following the evaluation, sealed fee proposals submitted by the three top firms were opened. The scores and costs for the top three firms are as follows: AVERAGE FIRM SCORE COSTS 1. Albert Grover & Associates 94 $ 40,620 2. Willdan 94 $ 69,500 3. KOA 89 $ 75,360 25J -1 Agreement for Citywide Speed Limit Study November 15, 2010 Page 2 Staff recommends the selection of Albert Grover & Associates, the number one ranked firm, to provide the requested consulting services. Their proposal demonstrates that the firm has adequate experience with similar projects, a good understanding of the project objectives, and a strong project team. Albert Grover & Associates' proposed costs are significantly lower than the number two and three ranked consultants. In addition Albert Grover & Associates successfully completed the City's prior study for a similar dollar amount and are very familiar with the City's needs on this project. The consultant's cost for the study of 200 zones is $37,920. The City anticipates requesting the preparation of 90 sketches for sign replacement or relocation. The anticipated additional cost of the study is estimated at $2,700. Therefore, the contract is estimated at a cost of $40,620 plus a ten percent contingency for a contract amount not -to- exceed $44,682. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for this contract are available in the Measure M — Street Construction Fund (accounting unit no. 03217660- 66220, project no. 11- 6738). Raul Go nez II Executive Director Public Works Agency RG: Exhibit 1: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25J -2 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES CITYWIDE TRAFFIC SURVEY THIS AGREEMENT, made and entered into this 15`" day of November, 2010 by and between Albert Grover & Associates, a California corporation (hereinafter "AGA "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of traffic engineering services. B. AGA represents that it is able and willing to provide such services for the City. C. In undertaking the performance of this Agreement, AGA represents that it is knowledgeable in its field and that any services performed by AGA under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES AGA shall provide engineering and traffic survey services to complete a Citywide Speed Limit Study, as set forth in AGA's Proposal dated September 15, 2010, attached hereto as Exhibit A, and incorporated by reference. 2. DELIVERY OF WORK PRODUCT - OWNERSHIP AGA warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. AGA's contribution to the Project, including works to be produced by AGA hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. AGA shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and AGA. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by AGA, AGA agrees, for itself and its affected officers, 25J -3 employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to AGA, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and AGA agrees to accept as total payment for its services, the rates and charges identified in AGA's Fee Proposal, attached hereto as Exhibit B and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $44,682.00, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2011, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 25J -4 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25J -5 7. INDEMNIFICATION Consultant agrees to and shall defend, indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from any and all claims, demands, damages, costs, expenses, judgments or liability of any nature whatsoever which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf in the provision of the services described in section 1 of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises from the negligence, recklessness or willful misconduct of Consultant in the provision of services. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or 25J -6 other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 facsimile (714) 647 -6956 With courtesy copies to: Public Works — Traffic and Transportation Engineering City of Santa Ana 20 Civic Center Plaza (M -43) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -5616 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -6515 To Consultant: Mark Miller Albert Grover & Associates 211 E Imperial Highway, Suite 208 Fullerton, California 92835 facsimile (714) 992 -2883 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not 25J -7 be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE "Bel This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. /// IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 25J -9 CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney 25J -10 DAVID N. REAM City Manager ALBERT GROVER & ASSOCIATES MARK H. MILLER Executive Vice President Tax ID# FEE PROPOSAL TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR A CITYWIDE ENGINEERING AND TRAFFIC SURVEY /N THE CITY OF SANTA ANA I Prepared For 1 PUBLIC WORKS AGENCY CITY OF SANTA ANA SEPTEMBER 15, 2010 i 1 1 Submitted By .. ALB ER 1 RO'G'ER �Z 25J -11 ALBERT ROVER & %-J SOCIATES September 15, 2010 Mr. Raul Godinez, II Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza, M -21, Fourth Floor Santa Ana, California 92701 RE: Fee Proposal to Provide Professional Consulting Services for a Citywide Engineering and Traffic Survey in Santa Ana Dear Mr. Godinez: Albert Grover & Associates (AGA) is pleased to respond to the City of Santa Ana Request for Proposal (RFP) dated August 26, 2010, to provide professional consulting services to conduct engineering and traffic surveys of various city streets. Enclosed please find our Fee Proposal to provide the requested services. As requested in the RFP, our Fee Proposal includes breakdown of costs by task, and an estimate of hours for all personnel. Also included is a copy of AGA's Current Schedule of Hourly Rates. Should you have any questions regarding our Fee Proposal, please contact me. We look forward to working with the City of Santa Ana on this project. Respectfully submitted, ALBERT GROVER & ASSOCIATES Rob Kuehn Director of Project Development PropoylslSsnu AnASpwd Survey 2010/2010 Speed Survey Fa Lena dot TRANSPORTATION CONSULTING ENGINEERS 211 e. Imperial Hwy., Suite 208, Fullerton, CA 92835 (714) 992 -2990 FAX (714) 992 -2883 E -Mail: aga@albertgrover.com 25J -12 SANTA ANA CITYWIDE ENGINEERING AND TRAFFIC SURVEY PROJECT FEE Task 1. Radar Speed Surveys (200 zones) 2. Field Review and Other Data Collection 3. Analysis 4. Report Preparation Note: Cost $ 7,500 $ 7,950 $ 13,550 $ 8,920 TOTAL $37,920 Additional locations (over and above the initial 200 locations) will be billed at a cost of $190 each. Optional Task: Sketches for Sign Locations (90 locations at $30 per location) $2,700 25J -13 FR w W Q z W W G7 z W letO v Q Q z CA z Q W R Q W a 25J -14 p a 100 O r i ! N N IT q h r ci N ry. DD O N Cit:H 64 d9 ZA bA CD O N a N 4n F I j �+ C i p O O I O O O 4n W go n I v �o BAH I� i6s V% I N I M � rj j 8 I 0 601)jeo� N �I 8 A ! O C2 N M � 25J -14 ALBERT DROVER & A CISOATES SCHEDULE OF HOURLY RATES EFFECTIVE JUNE 19 2008 Principal/President $ 250 Vice President $ 220 Director of Project Development $ 220 Senior Transportation Engineer $ 190 Senior Design Engineer $ 175 Transportation Engineer $ 165 Senior Associate $ 150 Design Engineer $ 140 Associate Transportation Engineer $ 140 Signal Systems Specialist $ 125 Transportation Engineering Associate /Civil Engineering Technician $ 125 Designer /Construction Inspector /Signal Systems Technician $ 120 Assistant Transportation Engineer /Assistant Engineer $ 120 Senior CADD Operator $ 120 Project Coordinator, Engineering Assistant $ 110 CADD Operator $ 110 Traffic Enumerator, Engineering Aide $ 75 Engineering Aide II $ 50 Council /Commission Meetings, Hearings, etc. (Billing Rate + $50 Surcharge) $ 1,000 Minimum Expert Witness (Billing Rate + $50 Surcharge) $ 1,000 Minimum Expert Witness - Deposition/Court (Billing Rate+ $100 Surcharge) $ 1,000 Minimum Subconsultants will be billed at cost plus 20% Conditions of Usaye: The above rates are typically effective for a 12 -month period, but AGA maintains the right to change the billing rates at anytime for convenience of record keeping. Therefore, all billings will always beat the then current billing rates. This will not affect any agreed upon total or not -to- exceed fees. INVOICES WILL BE SUBMITTED MONTHLY AND SHALL BE DUE AND PAYABLE WITHIN 30 DAYS. FINANCE CHARGES MAY BE ACCRUED DAILY ON UNPAID BALANCES BASED ON A 10% ANNUAL PERCENTAGE RATE. TRANSPORTATION CONSULTING EXGrNFERS 211 E. Imperial Hwy., Suite 208, Fullerton, CA 92835 (714) 992 -2990 FAX (714) 992 -2883 E -Mail: aga(a albertgrover.com 25J -15 25J -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: SETTLEMENT AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT NO. 081700) f, f CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreements, subject to nonsubstantive changes approved by the City Manager and City Attorney: • Winchell's Donut Houses Operating Company, L.P. for the purchase of 624 N. Bristol Street in the amount of $915,000. • Richard and Susan Riemer for the purchase of 602 N. Bristol Street in the amount of $352,720. • Santa Ana Florist (Charles and Vicki Kruger) for acquisition settlement for the business at 315 N. Bristol in the amount of $280,000. • Richard R. Garibay for the purchase of 828 N. Bristol Street in the amount of $3,190,000. • Garibay Tax Service for acquisition settlement for business at 828 N. Bristol in the amount of $75,000. • Clinica Medica San Miguel for acquisition settlement for business at 1302 W. Santa Ana Blvd. in the amount of $300,000. • Joaquin Torres for purchase of 622 N. Bristol in the amount of $275,000. DISCUSSION On March 6, 2006, the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Warner Avenue to Seventeenth Street. The first phase of the project, between Pine Street and McFadden Avenue, 25K -1 Settlement Agreements For Bristol Street Corridor November 15, 2010 Page 2 is under construction and is expected to be completed by December 2010. Public Works is acquiring property for the second phase of the project, between Third Street and Civic Center Drive, as well as the intersection of Bristol Street and Warner Avenue. To accommodate the widening for the second phase, acquisition of the entire properties located at 602, 622, 624 & 828 N Bristol is required (Exhibit 1). In addition, settlement agreements have been reached with the tenants of properties at 315 N. Bristol and 1302 W Santa Ana Blvd. The compensation amounts are the appraised values prepared by an appraiser licensed by the State of California. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment No. 89 -01 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (accounting unit 05917661- 66100). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Gddinez II Francisco Gutierrez rg Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG /SA Exhibit 1: Location map Exhibit 2: Agreements 25K -2 25K -4 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS (Commercial) THIS AGREEMENT, entered into this _ day of , 2010, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as "City "), and WINCHELL'S DONUT HOUSES OPERATING COMPANY, L. P. (hereinafter called "Seller "), regardless of number or gender; WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property (hereinafter referred to as "said real property ") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 624 N. Bristol Street, Santa Ana, CA) Seller and City acknowledge and agree that the sale of said real property from Seller to City is in lieu of condemnation. Said purchase and sale of said real property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Intentionally O"tted. 3. Title Insurance. It shall be a condition to the obligation of City to purchase said real property that Seller deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property. Seller agrees to delivery to City a policy of title insurance to be issued by the above mentioned title company, with City therein named as the insured, in the amount of NINE Revised.9.13.2010wkj - I - 25K -5 HUNDRED FIFTEEN THOUSAND AND NO /100 Dollars ($915,000) insuring the title of City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, except as set forth in Paragraph 15 below and excepting such specific ones as City may hereinafter expressly agree to take subject to. 4. Escrow. Seller and City agree to open an escrow for the purchase and sale of said real property in accordance with the terms and conditions of this Agreement (the "Escrow ") at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the "Escrow Agent ") within five (5) days from and after the date on which the City has signed this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 120 days of the City's execution of this Agreement. Seller and City agree to execute such escrow instructions as the Escrow Agent shall reasonably require in connection with the opening and administration of the Escrow, provided that all such escrow instructions shall be consistent with the terms of this Agreement and any modifications to this Agreement mutually agreed upon by Seller and City. Seller agrees to execute and deliver to the Escrow Agent a Certificate of Non - Foreign Status sufficient to meet the requirements of FIRPTA. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all years prior to the fiscal -2- Eel, year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, as improved, goodwill (if any), and severance damages, the total sum of NINE HUNDRED FIFTEEN THOUSAND AND NO /100 Dollars ($915,000). City agrees to deposit said purchase price in the Escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has signed this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Grant Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Grant Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, subject to the interests described in Paragraph 15, below. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of all leases and agreements for occupancy of said real property (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days after such form is provided with copies of any written leases or rental agreements attached. All rents for any such leases or agreements for occupancy of said real property will be prorated as of the close of Escrow on the basis of a 30 -day month/360 -day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of Escrow. Seller agrees that any and all Tenant Security Deposits pertaining to said real property collected by or in the possession of Seiler prior to the close of Escrow shall be transferred to and become the property of City at the close of Escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded). Seller also warrants that there are no oral leases on all or any portion of said real property which grant the right to occupy any portion of said real property for a term exceeding one month. -3- 25K -7 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Assigns, Successors in Interest. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the successors and assigns of Seller and City. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon said real property at all reasonable times during the 30 -day period established pursuant to Paragraph 6, above, for the purpose of making necessary inspections, subject to the rights of tenants in possession. City hereby expressly acknowledges and agrees that it shall acquire the Property "AS IS" and "WHERE IS," and "WITH ALL FAULTS ". City shall acquire the Property after such inspection, analysis, examination and investigation as it cares to make and expressly without Seller's covenant, warranty or representation, whether express or implied, statutory or otherwise, as to physical condition, title, leases, rents, income, expenses, operation, environmental conditions, zoning or other regulation, compliance with law, suitability for particular purposes, or any other matter whatsoever. City expressly acknowledges that it shall have been afforded ample opportunity to inspect, analyze and investigate all aspects of the Property and conditions relevant thereto and the business conducted thereon, and City shall rely on City's own investigation and inspection, and all matters relating thereto and agrees that Seller has and shall have no liability or obligation whatsoever. City hereby expressly acknowledges that, notwithstanding anything to the contrary contained in this Agreement or elsewhere, Seller has not made and shall not be deemed to have made any representations or warranties whatsoever regarding the Property or otherwise, and there shall be no obligations of Seller that shall survive the Closing. City hereby assumes all risks in connection with the Property and the matters referred to in this Section. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for Seller's fixtures, goodwill (if any), and severance damages 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, Santa Ana, CA 92702. The mailing address of the Seller is Winchell's Donut Houses Operating Co., L.P., 5220 Pacific Concourse Drive, Suite 130, Los Angeles, CA 90045. Either party may change its notice address by delivery of a notice to the other, specifying the new address. Notices hereunder shall be effective upon actual delivery (or refusal of delivery) to the other party. -4- ee� 15. Exceutions. City acknowledges receipt and terms of the Lease Agreement between Seller and Yum Yum Donut Shops, Inc., dated as of October 20, 2004. 16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of said real property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of said real property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about said real property, or transported any Hazardous Materials to or from said real property, other than materials used in connection with the operation of said real property, in accordance with applicable laws. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, said real property, other than materials used in connection with the operation of said real property, in accordance with applicable laws. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter- Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S 1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et M. (42 U.S.C. S6903) or (xi) defined as a hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et seq. (42 U.S.C. 59601). -5- WSo, 18. Compliance With Environmental Laws. To the best of Seller's knowledge, said real property complies in all material respects with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances relating to Hazardous Material of the City, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus, insofar as any of the same are applicable to said real property. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, said real property in violation of applicable laws as a result of acts or omissions of Seller while it was in possession of said real property, or (ii) the violation, or alleged violation, by Seller, while it was in possession of said real property, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, said real property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date the Escrow shall close. Seller shall not be responsible for acts or omissions to act post close of the Escrow. 20. Contineency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. W 25K -10 22 Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 23. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 28. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Assignments. Neither Seller nor City shall have the right to assign its rights under this Agreement without the express prior written consent of the other. -7- 25K -11 31. Disputes. In the event of any dispute between Seller and City with respect to the interpretation or enforcement of this Agreement, the prevailing party in such dispute shall be entitled to recover from the other party, in addition to any other relief or remedy, its costs of suit and reasonable attorneys' fees. 32. Incornoration of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The parties have executed this Agreement as of the date written below. SELLER: WINCHELL'S DONUT HOUSES OPERATING COMPANY, L.P. By: C— — Date: ��flT �� t lac <', Print Name: Mz- - v Title: CITY /CITY: CITY OF SANTA ANA By: David N. Ream City Manager ATTEST: By: Maria D. Huizar Clerk of the Council Dated: APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Jo Sandoval anaging Senior Assist nt City Attorney Ee 25K -12 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: LOT 2 AND 3 OF TRACT 662, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24 PAGE 17, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE SOUTH 14 FEET OF SAID LOT 2 APN: 405 - 073 -14 ME 25K -13 EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, except to the extent such costs, damages, judgments, and expenses are caused by your negligence or willful misconduct, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. -10- 25K -14 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS (Residential) THIS AGREEMENT, entered into this _ day of , 2010, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City" or "Buyer "), and TF Investments, LLC, a California limited liability company (hereinafter called "Seller "), WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property (hereinafter referred to as "said real property ") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 602 N. Bristol /1301 W. 6th, Santa Ana, CA) Said purchase and sale of said real property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, through an escrow to be opened at First American Title Insurance Company, located at 2 First American Way, Santa Ana, California, subject to the provisions of paragraph 2. . 2. Cancellation of Escrow. Escrow shall be cancelled and this Agreement shall be null and void if the City has not approved this Agreement and notified Seller of such approval by 5 pm on November 19, 2010. 3. Title Insurance. Seller makes no representations or warranties as to the state of title and Buyer is to obtain during Escrow, at its expense, such title insurance as it deems necessary or desirable. Seller shall have no responsibility to provide Buyer with any title documents, reports or policies of title insurance. 4. Escrow. City agrees to open an escrow at the office First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close prior to December 31, 2010 — time being of the essence. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached 25K -15 hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be prorated as of the Close of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price; and Other Consideration. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, the total sum of THREE HUNDRED FIFTY -TWO THOUSAND SEVEN HUNDRED AND TWENTY DOLLARS ($352,720). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. In addition: (a) The City shall deliver to Seller the water heater which was recently installed in 1301 W. 6 1 Street or, should such water heater be unavailable, then the City shall pay to Seller $500 to reimburse Seller for the costs associated with such water heater (see paragraph 17); (b) The City shall, prior to the Close of Escrow, deliver to Seller a letter on the City's letterhead acknowledging that this sale was consummated under the threat that the City would acquire the subject property by eminent domain in a form reasonably acceptable to Seller. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property subject to the rights of the existing tenants. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Estoppel Certificate) on a form furnished to Seller by Buyer and deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached thereto. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /360 -day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall remain the property of Seller. 2 25K -16 Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded). Seller also warrants that there are no oral or written leases on all or any portion of property, exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors in Interest. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. (Intentionally omitted). 13. Tenants: Neither the City nor its agents shall negotiate with and /or contact the tenants in the Property until Escrow closes. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, Attn: Kent Jorgensen M -36, P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: TF Investments, LLC C/O Richard L. Riemer P.O. Box 6467 Santa Ana, CA 92706 15. Title. City agrees to accept title to said real property in its current condition per the preliminary title report dated October 7, 2010. In addition, all monetary liens being recorded prior to the close of escrow shall be cleared. 16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of said real property by City. 17. Water Heater. Notwithstanding the closing of the Escrow as it relates to the real property, Escrow shall continue to hold $500 of the City's money until the City makes the water heater described in paragraph 6 above available to the Seller or until May 1, 2011 whichever first occurs. If the City has not made such water heater available to Seller by May 1, 2011 for whatever reason (eg. the tenant has not vacated the unit, the new water heater has `disappeared' or whatever) then, and in that event, Escrow Agent shall pay the $500 to Seller. 18. "As -Is" Sale. The City acknowledges and agrees that the sale of the Property as provided for in this Agreement is being made on an "AS IS, WHERE IS" condition and basis "WITH ALL FAULTS ", with no right of setoff or reduction in the Purchase Price. In furtherance thereof, the City hereby acknowledges and agrees as follows: 3 25K -17 (a) That Seller has not made, does not make and specifically disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (a) the nature, quality or condition of the Property, including, without limitation, the water, soil and geology, (b) the income to be derived from the Property, (c) the suitability of the Property for any and all activities and uses which Purchaser may conduct thereon, (d) the compliance of or by the Property or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, including, without limitation, environmental laws and the Americans with Disabilities Act and any rules and regulations promulgated thereunder or in connection therewith, (e) the habitability, merchantability or fitness for a particular purpose of the Property, or (f) any other matter with respect to the Property. (b) That the City has conducted such due diligence as it considered necessary or appropriate. (c) That the City, for itself and its successors and assigns, hereby releases Seller and its members from, and waives, any and all problems, conditions, losses, costs, damages, claims, liabilities, expenses, demands or obligations of any kind or nature whatsoever (collectively, "Liabilities ") against Seller for or attributable to or in connection with the Property, whether arising or accruing before, on or after the Closing and whether attributable to events or circumstances which may occur before, on or after the Closing, including, without limitation, any implied or statutory warranties or guaranties of fitness, merchantability or any other statutory or implied warranty or guaranty of any kind or nature regarding or relating to any portion of the Property. In addition to, and not by way of limitation of, the foregoing, the City, for itself and its successors and assigns, hereby releases Seller from, and waives, any and all Liabilities against Seller for or attributable to any affirmative obligation that Seller may have under the laws of the State of California to make any disclosures to the City regarding the condition of the Property or whether any portion of the Property lies within a natural hazard area. The City further acknowledges and represents that it will make its own independent investigations, or shall have the opportunity to do so, as it deems necessary or appropriate concerning the Property, including without limitation investigations to determine whether any portion of the Property is located in any natural hazard areas. In view of the foregoing, the City hereby knowingly, voluntarily, and intentionally waives its right to disclosure of natural hazards found in the Natural Hazard Disclosure Act, California Government Code §§ 8589.3, 8589.4, and 51183.5, and California Public Resources Code §§ 2621.9, 2694, and 4136, and any similar or successor statutes or laws. The City acknowledges that Seller is not required to make any of the disclosures dealing with lead based paint or mandated by Civil Code § 1102 et seq. (d) By closing and acceptance of the deed from Seller, the City agrees that it shall be deemed to: (i) assume and take responsibility and liability for any and all Liabilities attributable to the Property arising or accruing after the Close of Escrow and attributable to events or circumstances which occurred after the Close of Escrow (collectively, the "Assumed Liabilities "), and (ii) indemnify, defend and hold harmless Seller and its members from all Assumed Liabilities (including reasonable attorneys' fees, expenses and disbursements). (e) The City expressly understands and acknowledges that it is possible that unknown Liabilities may exist with respect to the Property and that the City explicitly took that possibility into account in determining and agreeing to the Purchase Price, and that a portion of such consideration, having been bargained for between parties with the knowledge of the possibility of such unknown Liabilities has been given in exchange for a full accord and satisfaction and discharge of all such Liabilities. 4 (f) The provisions of this paragraph 18 shall survive Close of Escrow. W 1215 a 19. Releases. WITH RESPECT TO ANY RELEASE SET FORTH IN THIS AGREEMENT RELATING TO UNKNOWN AND UNSUSPECTED CLAIMS, THE CITY HEREBY ACKNOWLEDGES THAT SUCH WAIVER AND RELEASE IS MADE WITH THE ADVICE OF COUNSEL AND WITH FULL KNOWLEDGE AND UNDERSTANDING OF THE CONSEQUENCES AND EFFECTS OF SUCH RELEASE, AND THAT SUCH RELEASE IS MADE WITH THE FULL KNOWLEDGE, UNDERSTANDING AND AGREEMENT THAT CALIFORNIA CIVIL CODE §1542 PROVIDES AS FOLLOWS, AND THAT THE PROTECTION AFFORDED BY SAID CODE SECTION IS HEREBY WAIVED: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 21. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 23. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 28. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 4", 25K -19 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The parties have executed this Agreement as of the date written below. SELLER: BUYER: TF INVESTMENTS, LLC CITY OF SANTA ANA By: Date: 2010 By: Date: 2010 Richard L. Riemer David N. Ream City Manager ATTEST AS TO FORM: Joseph W. Fletcher City Attorney ATTEST: By: Date: 2010 Jose Sandoval Managing Senior Assistant City Attorney By: Date: 2010 Maria D. Huizar Clerk of the Council M 25K -20 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: Lot 11, Tract No. 1152, per map recorded in Book 38, Page 9 of Miscellaneous Maps, in the office of the County Recorder, County of Orange, California. 25K -21 EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The Buyer agrees to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25K -22 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -36 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER USE _ GOVERNMENT CODE SECTION 6103. SPACE ABOVE THIS LINE FOR RECORDER'S CANCEL APPROVED AS TO APPROVED BY DESCRIPTION DESCRIPTION A,P. R/W MAP PROJECT TAXES FORM BY ATTY. DIRECTOR WRITTEN BY CIIECKED -O.K. NUMBER NUMBER NUMBER X 405 - 073 -18 602 N. Bristol, Santa Ana DEED NUMBER (Address /Approximte Location) GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TF Investments, LLC, a California limited liability company does hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, the real property in the City of Santa Ana, County of Orange, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated STATE OF CALIFORNIA )ss. COUNTY OF 1 0, before me, TF Investments, LLC, a California limited liability company By: Richard L. Riemer personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public place notary seal above MAIL TAX STATEMENTS AS DIRECTED ABOVE 25K -23 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: Lot 11, Tract No. 1152, per map recorded in Book 38, Page 9 of Miscellaneous Maps, in the office of the County Recorder, County of Orange, California. 25K -24 Oct 25 10 10:00a p.2 10/22/2010 FRI 17:48 FAX 2132369724 Peterson Law Group PC 0002/012 ALL INCLUSIVE SETTLEMVff AGREEMENT This Agreement ("Agreement'") is made by and between the City of Santa Ana, a charter city and municipal corporation duly organized and exiting under the Constitution and laws of the State of California ( "City') and Charles Krueger and Vicki Krueger dba Santa Ana Florist ( "Tenant"). The City and Tenant are hereinafter sometimes referred to collectively as the "Parties." RECITALS A. Tenant operates a business, commonly known as Santa Ana Florist at 315 N. Bristol Street, Santa Ana, CA (the "Property"). B. The Agency has acquired the Property for the Bristol Street Widening Project. Tenant currently occupies the Property under a Iease which became effective Jane 1, 2001 and extends through May 31, 2011, and provides Tenant with one 5 year option, to renew under the same terms (the "Lease"). C. The Parties desire to resolve all issues relating to the Agency's acquisition of the Property in accordance with the terms and conditions set forth below. D. The Parties acknowledge that the payment as set forth in paragraph 1(a) and other consideration given in connection with this Agreement are the result of a compromise and settlement of disputed claims, and shall never, at any time or for any purpose, be considered an admission of liability or responsibility on the part of any of the parties herein released. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, it is hereby agreed by and among the Parties that I. Consideration (a) The Agency shall pay to Tenant the sum of S280,000.00 (Two Hundred Eighty Thousand Dollars) (Tenant Settlement Payment) as total compensation for relocation assistance and any and all related expenses and claims as more fully described in paragraph 1(b) below. Upon foil execution of this Agreement, the Agency will begin processing an initial payment, payable to the Peterson Law Group Client Trust Account, in the amount of $180,000.00, and pay same within thirty (30) days of execution of this Agreement. The Agency will make the final Payment to the Peterson Law Group Client Trust Account in the amount of $100,000:00, when Tenant vacates the Property, signs a Certificate of Abandonment, provides all keys to the Property to the Agency or to the Ageaey's relocation consultant, and provides written verification that all hazardous materials have been legally and properly moved. (b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) above constitutes full satisfaction of any and aU obligations of the Agency to Tenant, 1 of 7 25K -25 Oct 25 10 10:00a IU /zz /LUIU PKA I7:40 rwa ziJzjuvYza rererson Lae croup m including, without limitation, any obligations for relocation assistance, relocation benefits, moving expenses, interest of any kind in the real estate and leasehold, loss of business goodwill, compensation for personal property (loss of invemoty), furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or damages of any nature. (c) Tenant agrees to vacate the Property by no later than December 31, 2010 (Vacate Date). (d) Tenant hereby agrees that Agency may remove and dispose of any personal property or trash that has not been moved upon the Vacate Date, as it elects and desires, without any notice to Tenant (e) Payment will be made for Relocation Expenses in the amount of $122,347. M Payment will be made for Leasehold Bonus Value and Loss of Business Goodwill in the amount of $157,653. (g) City has delivered to Owner an offer to purchase the Property under threat of eminent domain pursuant to Government Code Section 72672. Tenant and City now wish to enter into this Agreement in lieu of eminent domain proceedings. All payments hereunder and this transaction generally are made under said threat of eminent domain. 2. .Release (a) Nothing contained herein shall constitute a release or discharge by either party for any of the undertakings of the other party to this Settlement Agreement This Agreement shall serve as a full release and discharge by the Parties, on behalf of themselves, their agents, representatives, assigns, trustees, administrators, attorneys, heirs, relatives, spouses, ex- spouses, beneficiaries, and successors in interest, in consideration of the nrutual covenants and promises contained herein, of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency, and those parties' accountants, other professionals, agents, representatives, assigns, employees, administrators, trustees, insurers, attorneys, heirs, beneficiaries, and successors in interest (collectively the "Released Parties "), from all rights, claims or cross - claims, demands, actions, or causes of action, including those for damages, compensation, relocation assistance, relocation benefits, loss of goodwill, property interest, compensation for personal property (loss of inventory), furniture, fixtures and equipment, punitive damages, interest, costs, attoney's and appraisal fees, injunctive or declaratory relief, or for relief by way of writ of mandate, or for demands, damages, refunds, debts, liabilities, reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and causes of action of whatever kind, at law or in equity, that the Parties have now or may have against any of the Released Parties arising from the facts and circumstances described in this Agreement including but not limited to (1) the acquisition of the Property by the Agency, (2) Tenant's leasehold interest, if any, 2of7 25K -26 p.3 1¢JUV.11 U1Z Oct 25 10 10:01a P,q in the Property (or any portion thereof] or (3) any other right or interest Tenant may have, assert, or claim by reason of Agency's actions or failure to act, including, but not limited to, any claim to relocation assistance, relocation benefits or compensation for property or loss of goodwill from the Agency. - (b) In making this release, the Parties intend to and do release, acquit and discharge the Released Parties, and each of them, from any liability of any nature whatsoever for any claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim might be based, is known or unknown to the party possessing the claim. Each party expressly acknowledges and waives any and all rights under Section 1542 of the California Civil Code, which the Parties understand provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor. Each party acknowledges the foregoing waiver of the provisions of California Civil Code Section 1542 was separately bargained for and expressly consents that this Agreement shall be given full force and effect in accordance with each and all of its express terms and provisions, including those terms and provisions relating to unknown or unsuspected claims, demands and causes of action, if any, to the same effect as those terms and provisions relating to any other claims, demands and causes of action herein above specified. (c) Each party acknowledges drat it may hereafter discover facts or law different from or in addition to those which it now believes to be true with respect to the release of claims. Each party agrees that the foregoing release shalt be and remain effective in all respects notwithstanding such different or additional facts or law or any party's discovery thereof. The Parties shall not be entitled to any relief in connection therewith, including, but not limited to, any damages or any right or claim to set aside or rescind this Agreement. (d) None of the Parties or their respective agents nor any related entities have made any statement or presentation to the other regarding any fact relied upon in entering into this Agreement and the Parties, and each of them, expressly do not rely upon any statement, representation or promise of any other party or nay party's agent or related entities in executing this Agreement, except as is expressly set forth herein. Each of the Parties has made such investigation of the facts and law pertaining to the subject matter of this Agreement as it deems necessary, and has consulted with legal counsel of its own choosing concerning these matters. (e) Tenant hereby represents and warrants as of the Effective Date of this Agreement that (1) to its actual knowledge, no other entity or person has any right, title, or interest whatsoever in the released claims, and (2) that there has been no assignment, transfer, conveyance or other disposition by Tenant of any of the 3 of 7 25K -27 Oct 25 10 10:01a p.5 released claims, ad that Tetsant" will not make any such assignment, transfer, conveyance or other disposition subsequent to the Effective Date of this Agreement. Tenant acknowledges that the Authority has relied and is relying upon such representations and warranties in entering into this Agreement. (f) Tenant will Hold Harmless and defend Agency, its employees, agents, contractors or representatives from any claims' that may arise from Tenant's nondisclosure of any other interests in the Property or personal property referenced by this agreement. (p) This Agreement represents a settlement of doubtful and disputed claims between the Parties and does not constitute any admission of liability by either party to the other party to this Agreement 3. Thifd Party Beneficiaries Except as explicitly set forth herein, nothing in this Agreement is intended to create any third party beneficiaries under this Agreement, and no person or entity other than Authority and Tenant shall be authorized to enforce the provisions of this Agreement. 4. Attorney's Fees In the event of litigation relating to or arising out of this Agreement, the prevailing party shall be entitled to be reimbursed by the non - prevailing party for all reasonable costs and expenses incurred thereby, including, but not limited to reasonable attorney's fees and costs for services rendered to such prevailing party. 5. Indemnitv Each party shalt indemnify, defend and hold the other party and the Released Parties harmless from and against any claims, damages, demands, liabilities, losses, judgments, expenses and attorney's fees and/or costs resulting from the breach by such indemnifying party of any provision of this Agreement, the falsity of any representation or warranty made by the indemnifying party contained in this Agreement. 6. Entire Agreement This Agreement together contains the entire Agreement of the Parties, and supersedes any prior written or oral agreements between them, concerning the subject matter of this Agreement. 7. Partial Invalidity In the event that any term, covenant, condition or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or against public policy, the remaining provisions shall continue in full force and effect. 4 of? 25K -28 Oct 25 10 10:01a 8. Waiver and/or Modification p.6 The provisions of this Agreement may not be waived, altered, amended or repealed, in whole or in part, except upon a written agreement signed by each of the Parties. The waiver by one party of the performance of any provisions of this Agreement shall not invalidate this Agreement, nor shall it be deemed a waiver of any other provision hereof. 9. Headingi The headings, subheadings and numbering of the different paragraphs of this Agreement are inserted for convenience and for reference only and shall not be considered for any purpose in construing this Agreement. 10. Governinp- Law The rights and obligations of the Parties under this Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 11. Successors In Interest Subject to any restrictions against assignment contained herein, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, executors, estates, heirs, legatees, agents and related entities of each of the Parties. 12. Necessary Acts Each of the Parties agrees to perform such further acts, and execute and deliver such further documents, as may be reasonably necessary to carry out the provisions of this Agreement. 13. Advice of Counsel The Parties, and each of the, acknowledge that in connection with the negotiations and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed the Agreement after review by such independent counsel; or, if they were not so represented, said non - representation is and was the voluntary, intelligent and informed decision and election of the party not so represented; and, prior to executing the Agreement, each party has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters which are the subject of this Agreement including but not limited to the advisability of entering into this Agreement and the meaning of California Civil Code Section 1542. Sof7 25K -29 Oct 25 10 10:01a 14. Authq 1 t4lrxecntt This „ �reement p.7 Each person executing this Agreement on behalf of an entity represents that he or she is authorized to execute this Agreement on behalf of that entity and to bind that entity to the terms of this Agreement. 15. Consttucti on Each party has cooperated in the drafting and preparation of this Agreement. In any construction to be made of this Agreement, or of any of its teams and provisions, the same shall not be construed against any party. 16. Counterparts This Agreement may be executed in counterparts, each of which shall be deemed an original and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 17. Voluntary Agreement The Parties, and each of them, further represent and declare that they have carefully read this Agreement and know the contents thereof, and that they sign the same freely and voluntarily. 18. Notices All notices, requests, demands and other communications required or permitted to be given under this Agreement shall be in writing and shall either be delivered personally or be sent by telegram or by regular or certified first class mail, postage prepaid, deposited in the United States mail, and properly addressed to the party at its address set forth below, or at any other address that such party may designate by written notice to the other ply: To Agency: Soun Amirani Deputy City Engineer City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, California 92701 To Tenant: Charles and Vicki Krueger Santa Ana. Florist CIO Peterson Law Group 707 Wilshire Blvd. #5270 Los Angeles, CA 90017 6 of 7 25K -30 __ Oct 25 10 10:02a 19. Jurisdiction and Vepus p.8 Any action or proceeding concerning this Agreement shall be filed and prosecuted in the appropriate California court in the County of Orange, California Each party hereto irrevocably consents to the personal jurisdiction of the court. The Parties each hereby expressly waive the benefit of any provision of law providing for a change of venue to any other court, including, without limitation, federal Agency court, due to any diversity of citizenship between the Parties or due to the fact that either the Authority is a party to, such action or proceeding. Without limiting the generality of the foregoing, the Parties specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394 or other state or federal statutes or judicial decisions of similar effect. IN WITNESS WHEREOF, the parties to this Agreement have executod this Agreement as of the date first written above. les Kruege. Title Tax Identification No. Date UA4 37-3q 5 263 10 -c2YJ-O Vicki Krueger Title Tax Identification No. Date APPROVED AS TO FORM: BY: John Peterson, Tenant CITY OF SANTA ANA Counsel Dated BY: Dated David N. Reath City Manager ATTEST: Dated Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Dated Jose Sandoval Managing Senior Assistant City Attorney 7of7 25K -31 19. Jurisdiction and Venue Any action or proceeding concerning this Agreement shall be filed and prosecuted in the appropriate California court in the County of Orange, California. Each party hereto irrevocably consents to the personal jurisdiction of the court. The Parties each hereby expressly waive the benefit of any provision of law providing for a change of venue to any other court, including, without limitation, federal Agency court, due to any diversity of citizenship between the Parties or due to the fact that either the Authority is a party to such action or proceeding. Without limiting the generality of the foregoing, the Parties specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394 or other state or federal statutes or judicial decisions of similar effect. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above. TENANT: Santa Ana Florist Charles Krueger Title Vicki Krueger APPR ED,) am Title Tax Identification No. Date Tax Identification No. Date Dated CITY OF SANTA ANA BY: Dated David N. Ream City Manager ATTEST: Dated Maria D. Iluizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY:_ Dated Jose Sandoval Managing Senior Assistant City Attorney 7of7 25K -32 Oct 25 10 10:02a t� W -9 Request for Taxpayer 0 Pa °C10bef 200s tdentiflcation Number and Certification oaparaneM or e. 7'w.sury mail Reww" aw ce CV C y O a0 `e rn shown on your Income tax I d Business name, It dfbrwd from P.9 titre form to the requeder. Do nat sold io titre IRS. Check app q-.Ms box: Iff inc9v **VSo* W*W w ❑ Corporation ❑ partneM* ❑ Limited Iieb*ty compery. Hater the tax clafaifieation 113-dereWrded wilily. C- mporation, p=partren:110) ► ....... ❑ ❑ odw ge htrctla f p� City, state, and ap code List accow.t and apt w elite no.) (optiof" Requssw's name and address (OptlOfnsl) Enter your TIN in the appropriate box. The TiN provided must match the name gNen on Line 1 to avoid backup withholding. For Individuals, this is your social security number (SSN), However, for a resident alien, sole proprietor, or disregarded etity, no the Part 1 Instructions an page 3. For other ettiftea, it Is your employer identification number (Ettii. If you do not have a number, sea How so get a TW an page 3. 8oeh1 securbty number Under penalties of perjury. I curtly that: 1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting for a number to be Issued to me), and 2, 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or 041 have not been notified by the Internal Revenue Service ORS) that i am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification iestructlons. You must cross out Item 2 above if you have been notified by the MS that you are ormwily, subject to backup For withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions. Item 2 does not apply. gage interest paid, acquisition or abandonment of secured property, cancellation of debt, con ribytiona to an Individual retirerrie't arrangement PRA). and generally, payments other than interest and dividends, you are riot required to sign the Certification. but you., t Provide your correct TIN. See the instructior:kj on page 4. A �n Signature of Here U.& person ► —/ —Z� — _ Dale ► Je General lnstruc ons v � Definition of a U,S, person. For federal tax purposes, you are Section references are to the Internal Revenue Code unless considered a U.S. person it you are_ otherwise noted. • An individual who is a U.S. citizen or U.S. resident alien. PurpOse of Form e A partnership, corporation, company, or association created or A Person who Is required to file an information return with the organized in the United States or under the laws of the United Stagy. IRS must obtain your correct taxpayer identification number (n" to report, for example, income paid to you, real estate a An estate (other than a foreign estate), or transactions, mortgage irrtarest you paid, acquisftion or abandorxnent of secured Property, cancellation of debt, • A dome stic trust (aS deified in Regulations section 301 dourest or contributions you made to an IRA. Special rules for partnerships. Partnerships that conduct a Use Form W -9 only if you are a U.S. Person (including a trade or business in the United States are generally required to resident alien), to provide your correct TiN to the person Pay a withholding tax on any foreign partners' share of income requesting it (the requester) and, when applicable, to: from such business. Further, in certain cases where a Form W-9 I. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), has not been received, a partnership is required to presume that a partner is a foreign parson, and pay the wffhhofding tax, Therefore; if you are a U.S. person that is a partner in a 2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business In the United States, 3. Claim exemption from backup withholdi ng It are a U.S. exempt payee. if applicable, you are also certifying hr9 that provide Form W -9 to the partnership to establish your U.S. tatus and avoid withholding on Your share of partnership as a U.S. person, your allocable share of an y partnership income from income. a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. The pew Who gives Form W -9 to the partnership for Purposes of establishing its U.S. status and avoiding withholding Nobs, if a requester gives You a form other than Form W -9 to request your TIN, you must use the requester's form If it is on its allocable share of net income from the partnership conducting a trade or business In the United States is in the substantially sirnilar to this Form W -9. following cases: 0 The U.S. owner of a disregarded entity and not the entity, Gat. No. 10231x Form -9 (Acv. 1041007) 25K -33 Oct 25 10 10:02a P.10 Form w -9 (Raw. io -xoon ieya 2 e The U.S. grantor or other owner of a grantor trust and not the trust, and e The U.S. trust (other than a gm tbor truss) and not the beneficiaries of the trust. Foreign person. If you are a foreign person. do not use Form W -9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Alkens and Foreign Entities). Nonreslderit alien who becomes a resident alien. Generally, only a nonresident alien Individual may use the terms of a tax treaty to reduce or eliminate U.S, tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause.' Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of Income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you moat attach a statement to Form W -9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from lax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and Its eowepdons. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from taut under the terms of the treaty article. Example. Article 20 of the US: China income tax treaty slows an exemption from tax for scholarshiQ Income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S. -China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese 'student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying of this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W -9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W -8. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called 'backup withholding," Payments that may be subject to backup withholding include interest, tax - exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonernployee pay, and certain payments from fisting boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments YOU receive if you give the requester your correct TIN, make the Proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be- subject to backup withholding if. 1. You do not furnish your TIN to the requester. 2. You do not certify your TIN when required (see the Part 11 instructions on page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4 The IRS left you that you are subject to backup withholding because you did not report all you interest and dividends on your tax return (for reportable interest and dividends only), or 8. You do not certify to the requester that you are not subject to backup withholding under 4 above obr reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the WW I" below and the separate Instructions for the Requester of Form W-9. Also sea Special rules for parUmsfte on page 1. Penalties Failure to furnish TiN. It you fait to furnish your correct TiN to a requester, you are subject to a penalty of $50 for each such failure unless your Whine Is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. if you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penally for falsifying information. Willfully falsifying certifications or affimrelions may subject your to criminal penalties Including fines andror imprisonment. Misuse of TINS. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to dud and criminal penalties. Specific Instructions Name If you are an Individual, you must generally enter the name shown on your income tax retum. However, if you have changed your test name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your amid security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part 1 of the form. Sole proprietor. Fetter your individual name as shown on your income tax return on the "Name" brie. You may enter your business, trade, or "doing business as (1313/)" name on the 'Business name" line. Lknited liability company (LLC). Check the "Umlted liability company" box only and otter the appropriate rode for the tax classification ("D" for disregarded entity, "C" for corporation, "P" for partnership) in the space provided. For a single- member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Regulations section 301.7701 -3. enter the owner's name on the "Name" line. Ester the LLC's name on the "Business name" line. For an LLC classified as a partnership or a corporation, enter the LLC's name on the "Name" line and any business, trade, or DBA name on the "Business name" line. Other entities. Enter your business name as shown on required federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name' line. Note. You are requested to check the appropriate box for your status (individual /sole proprietor, corporation, etc.). Exempt Payee If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the "Exempt payee" box in the line following the business name, sign and date the form. 25K -34 Oct 25 10 10:02a P. 11 Form W -0 ray.10 -20071 pop 3 Generally, individuals pnduding sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete tlhia form to avoid possible erroneous backup withholding. The following payees are exempt from backup wilthliotdiry 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 408 ft?) if the account satlefles the requirements of section 4010, 2. The United States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or Instrumentalities, 4. A foreign gw4emment or any of its political subdivisions, agencies, or instrumentalities, or S. An international organization or any of Its agencies or instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation. 7. A foreign central bank of issue, S. A dealer in securliies or commodities required to register in the United Stales, the District of Cokunbia, or a possession of the United States. 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a). 13. A financial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described in section 4947. The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees Read above, 1 through 15. IF the payment Is for ... THEN the payment is exempt for. Interest and dividend payments All exempt payees except for 9 Broker transactions Exempt payees 1 through 13. Also, a person registered under the Westmont Advisers Act of 1940 who regularly acts as a broker Barter exchange transactions Exempt payees 1 through 5 and patronage dividends Payments over $600 required Generaiy, gempt payees to be reported and direct _ i through 7 sales over $5,000' Sea Fprm 10994AISC. Mlaoelianeous Incorne, end Its instructions. -- However. the foNowirtg PeYmertts made to a corporation pncludng gross proceeds paid to an attamey under section 6045M even 0 the attorney is a corporation) and reportable on Form 1099 -MISC are not exempt from backup withholding: medical and health care payments. aMOmeys' lass. and Aayrnenta for services paid by a tederal axommv agency. Part 1. Taxpayer IdentiRcadon Number (TIN) Enter your TIN in the appropriate boot. If you are a resident alien and you do not have and are not eligible to ggeett an SSN, your TIN Is your IRS Individual taxpayer Identification number QTiM. Enter it In the social security number box. If you do not have an ITIN, see How to yet a 771V below. N you are a sole proprietor and you have an EIN, you may enter either your WN or 9N. However. the M prefers that you use your SSN. N you are a single - member LLC that is disregarded as an entity separate from its owner (see LknMed Uabilijr company 40 on pme 2L enter the owners SSN (or EIN if the owner has one). Do not enter the disregarded entity s 9A. If the I LC is classified as a corporation or partnership, ender the entity's EIN. Nato See the chant on page 4 for father clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one Immediately. To apply for an SSN, get Farm SS-6, Application for a Sock Security Card, from your local Social Security Administration office or get this form online at www.ssa.gov. You may also get this torn by calling 1-800- 772 -1219. Use Form W-7. Application for IRS Individual Taxpayer Identification Number, to applyY for an I11N, or From SS-4, Application for Employer tdentiftcation Number, to apply for an EIN. You can apply for an EiN online by aoceasirtg the IRS webeite at www.hs.govIbuslnesses and clicking on Employer Identification Number (W under Starting a Business. You can get Forms W -7 and SS4 from the IRS by visiting www.ks.gov or by calling 14K*- TAX -FORM (1- 800 - 829 - 3676). If you are asked to complete Form W9 but do not have a TIN, write "Applied For" In the space for the TIN, sign and date the form, and give it to the requester. For Interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caudion: A disregarded domesbc enVty that has a foreign owner must use the appropriate Form W-8. Part 11. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W -9. You may be requested to sign by the withholding agent even if ftems 1, 4, and 5 below Indicate otherwise. For a joint account, only the person whose TiN Is shown in Part 1 should sign (when required). Exempt payees, we Exempt Payee on page 2. Signature requirements. Complete the certification as indicated in 1 through 5 below. 1. interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification, I Interes% dividend, broker, and barter excdhango accotmts opened after 1683 and broker accounts considered inactive during 1983. You must sign the certification or backup withhokfmg will apply. if you are subject to backup withholding and you are merely providing your correct TIN to the requester, YOU must cross out item 2 in the certification before signing the form. 25K -35 Oct 25 10 10:03a p.12 paps 4 Form W -9 (Rev. 10-2M 3. Heal estate transactions. You must elfin the cer"Hc&tbn- You may cross out item 2 of the certillcatton. 4. Otter payments. You must give You Cotreet '171N, but you do not have to sign the certification unless you have boon notified that you have previously given an incorrect TIN. 'Other payments" include payments made In the course of the requester's trade or business for rents, royalties. goods (other then bills for merchandise), medical and 1OWth care services (including payments to corporations), payments to a nonernployee for services, payments to certain fishing boat crow members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). S. Mortgage Interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualMted tuition program payments (under section &ilk, IRA, Coverdell ESA. Archer MSA or HSA contn'butione or distributions, and pension distributlons. You must give your cornett TIN, but you do not have to sign the oerlifica What Name and Number To Ghre the Requester For this type of account Give reams and Sew ok 1. kx1viduat The Individual 2. Two or more individuals Qoint The ansld owner of the account or, account) It combined funft the 11nt Individual on the 600ount' 3. Custodian soowxrt of a minor The mina ` (Uniform Gift to Minors Act) 4, a. The usual revocable savings The grarttor- truateo' trust (grantor is also trustee) b. So- called trust account that Is The actual owner' not a legal or vend trust order state law 5. Sole proprietorship or disregarded The owner' entity owned by an individual For this "a of account: Give name and EIN oft 6. Disregarded entity not owned by an The owner individual J. A vaad trust, estate, or pension trust Legal entity ' e. Corporate or LLC electing The corporation corporate status on Form 8832 9. Association, club, mOgkw% The organization charitable, educational. or other tax - exempt organization 10. Partnership or mutti- member LLC The partnership 11. A broker or registered norrlknee The broker or nominee 12. Account with the Department of The public entity Agriculture in the name of a public entity tsuch as a state or local government, school cistrict or prison) that receives agricultural program payments 'Ust ra :t and circle the name dew Pusan whops number you Urn4h N arty am pnaon on a joint e6aear has an 35N. that pw%Ws numbs mutt to Itxnhhed. `Circle one ~2 name and furnpsh the mshorb SM YOU must dhow your lndWuv) name and you may also sneer your bLe new or 'DW name on the second name moo. You mW we 9H)w your SSN or f9N ft you haw one). but the M utcomilas you to use your SSN. ' ust first and drdo the name or the oasts estate. or pension tnts6 too not banish are TIN or !M perowar reprsssnmxve or ttvcree urdess the regal enmity scow is rut daienaied N the account rme i Also see Special ndes Awp V"Vslejoe on pays 1. Note. If no name is circled when more than one name Is listed, the number will be considered to be that of the thirst name listed. Privacy Act Notice Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal wonnatbrt such as your nw, social security number p=4. or other identifying Information. without your permission. of � fraud or other crimes. An idenft thief may to re�ur S a refund. a job or may file a taut I0AI using Your SSN To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax Praparer. Call the IRS at 148004829.1040 if you think your Identity has been used inappropriately for tax Purposes. Vld'Srts of identity theft who are experiencing economic harm or a bystem problem, or we sealing help in r*G0Mn9 tax problems that have not been rewkw through normal channels, be You reycWt nt can reach TAS byc�tghe TAS toll-free Cass Intake film at 1- 877- 777 -4778 or T Y/iDD 1-800- 829 -4059. Protect yourself from suspicious snails or phishing schemes. Phishing is the creation and use of email and websltes designed to mimic legitimate business emails and websim. The mod common act is sending an email to a user falsey claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does rot initiate contacts with taxpayers via emails. Also, the IRS dose not request personal detailed 'information through email or ask taxpayers for the PIN ntunbers, passwords. or similar secret access information for their credit card. bank, or other financial atxotints. if you rtaceive an unsolicited emmi claiming to be from the iRS, forward this message to phWWjQaffs.gov. You may also report misuse of the IRS name. logo, or other iRS personal property to the Treasury Inspector General for Tax Administration at 1- 800366 -4484. You can forward suspicious emails to the Federal Trade Commission at Vameuce.gov or contact them at www.consunw.govrjd&aft or 1- 877- IDTHEFT(438- 4338). Visit the IRS webelte at www.irsgov to learn more about Identity theft and how to reduce your risk. Section 6109 of the Internal Revenue Code requires you Igo provide your correct TIN to persona who must Gee Information returns ugh the IRS to report interest, dividends, and certain other Income paid to you, mortgage kftr*M you paid, the acquisition or abandorunent of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or HSA The IRS tries the numbers for identification purposes and to boo verify the accuracy of your tax return. The IRS may also Provide this information to the Department of Justice for civil and criminal litigation, and to titles, states, the District of Columbia. and U.S. possesslons to carry out their tax laws. We may also disclose arts sdormation to other cow tries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law entaoemerd and intsrigence agencies b combat lerrodsnn. You must provide your nN whether or not you are required to Rio a tax return. Payers must generaay wHhhold 28% of taxable interest dividend. and certain other Payments to a payee who sloes not give a TIN to a payer. Certain penalties may also apply. s J_ 011161, PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS (Commercial) THIS AGREEMENT, entered into this _ day of , 2010, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City" or "Buyer "), and Ricardo R. Garibay (hereinafter called "Seller "), regardless of number or gender; WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property (hereinafter referred to as "said real property ") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 828 N. Bristol Street, Santa Ana, CA) APN: 004 - 123 -48 Said purchase and sale of said real property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all voluntary encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), and except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any voluntary encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller, at City's expense, agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of THREE MILLION ONE HUNDRED NINETY THOUSAND AND NO /100 Dollars ($3,190,000.00) insuring the title of the City to said real property is free and clear of any and all encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance shall constitute a waiver by City of its right to such insurance as is herein required of Seller. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance 25K -37 Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 45 days of the City's execution of this Agreement. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), and severance damages, the total sum of THREE MILLION ONE HUNDRED NINETY THOUSAND AND NO /100 Dollars ($3,190,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property subject to the 2 wmfee� rights of the existing tenants. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by Buyer and deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /360- day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of Buyer during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors in Interest. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon said real property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), and severance damages. City had delivered to Seller an offer to purchase said real property under threat of eminent domain pursuant to Government Code § 7267.2. Seller now wishes to avoid eminent domain proceedings and sell said real property to the City, and City wishes to buy said real property from Seller, pursuant to the terms and conditions of this Agreement in lieu of, and under threat of, condemnation. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, Attn: Kent Jorgensen M -36, P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: Ricardo R. Garibay 828 N Bristol, 103 Santa Ana, CA 92703 -2190 W F "MTJ *� 15. Exceptions. None. 16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of said real property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seg. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 20. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 4 21. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 22. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 24. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any parry based upon any attribution to such party as the source of the language in question. 25. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 26. Duty To Cooperate Further. Each parry hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 27. Applicability of Aareement To Assignees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 28. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 0 25K -41 29. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The parties have executed this Agreement as of the date written below. SELLER: Ricardo R. Garibay Ricardo R. Garibay Dated CITY /BUYER: CITY OF SANTA ANA BY: David N. Ream City Manager ATTEST: BY: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Jose Sandoval Managing Senior Assistant City Attorney Re Dated 25K -42 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: That portion of the northeast quarter of the southeast quarter of Section 11, Township 5 south, Range 10 West, San Bernardino Meridian, described as follows: Parcel I, in the City of Santa Ana, County of Orange, State of California as shown on a map filed Book 150, pages 12 and 13 of parcel maps, in the office of the County Recorder of Orange County, California. APN: 004 - 123 -48 7 25K -43 EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. E:3 25K -44 ALL INCLUSIVE SETTLEMENT AGREEMENT This Agreement ( "Agreement ") is made by and between the City of Santa Ana Public Works Agency, a public body, corporate and politic ( "Agency ") and Garibay Tax Service ( "Tenant "). The Agency and Tenant are hereinafter sometimes referred collectively as the "Parties." RECITALS A. Tenant operates a business, commonly known as Garibay Tax Service, located at 828 N. Bristol St., 103 Santa Ana, CA (the "Property "). B. The Agency has made an offer to purchase the Property for the Bristol Street Widening Project. The property owner, Ricardo R. Garibay, and Agency have negotiated a Purchase and Sale Agreement ( "PSA ") for Owner's Property ( "Acquired Property "), which will result in the termination of Owner's and Tenant's rights, title and /or interests in the Acquired Property. C. The Parties desire to resolve all issues relating to the Agency's acquisition of the Property in accordance with the terms and conditions set forth below. D. The Parties acknowledge that the payment as set forth in paragraph 1(a) and other consideration given in connection with this Agreement are the result of a compromise and settlement of disputed claims, and shall never, at any time or for any purpose, be considered an admission of liability or responsibility on the part of any of the parties herein released. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, it is hereby agreed by and among the Parties that: 1. Consideration (a) The Agency shall pay to Tenant the sum of $75,000.00 (Seventy -Five Thousand Dollars) (Tenant Settlement Payment) as total compensation for relocation assistance and any and all related expenses and claims as more fully described in paragraph 1(b) below. Upon full execution of this Agreement, the Agency will begin processing a second payment, payable to the Garibay Tax Service, in the amount of $50,000.00. The Agency will make the final payment to Garibay Tax Service the in the amount of $25,000.00, less any deductions described in paragraphs 1 (c) (d) and (e) of this Agreement, after Tenant vacates the Property, signs a Certificate of Abandonment, provides all keys to the Property to the Agency or to the Agency's relocation consultant, and provides written verification that all hazardous materials have been legally and properly moved. (b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) above constitutes full satisfaction of any and all obligations of the Agency to Tenant, including, without limitation, any obligations for relocation assistance, relocation benefits, moving expenses, interest of any kind in the real estate and leasehold, loss of business goodwill, compensation for personal property (loss of inventory), 1 of 7 25K -45 furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or damages of any nature. (c) Tenant agrees to vacate the premises by no later than May 31, 2010 (Vacate Date). Should Tenant remain in occupancy beyond the Vacate Date, a Two Hundred Fifty Dollars ($250) per day penalty will be deducted from Tenant's Settlement Payment, for each day of occupancy beyond the Vacate Date unless a written request for an extension has been submitted and consequently approved by the Agency or its Agents. (d) Tenant hereby agrees that Agency may remove and dispose of any personal property or trash that has not been moved upon the Vacate Date, as it elects and desires, without any notice to Tenant. Any disposal costs associated with Tenants' personal property, or clean up fees paid by the Agency, will be deducted from the Tenant Settlement Payment. (e) Commencing January 1, 2011 and ending May 31, 2011, rent will be $1,000 per month. Tenant is obligated, however, to adhere to all other terms of their existing Lease. 2. Release (a) Nothing contained herein shall constitute a release or discharge by either party for any of the undertakings of the other party to this Settlement Agreement. This Agreement shall serve as a full release and discharge by the Parties, on behalf of themselves, their agents, representatives, assigns, trustees, administrators, attorneys, heirs, relatives, spouses, ex- spouses, beneficiaries, and successors in interest, in consideration of the mutual covenants and promises contained herein, of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency, and those parties' accountants, other professionals, agents, representatives, assigns, employees, administrators, trustees, insurers, attorneys, heirs, beneficiaries, and successors in interest (collectively the "Released Parties "), from all rights, claims or cross - claims, demands, actions, or causes of action, including those for damages, compensation, relocation assistance, relocation benefits, loss of goodwill, property interest, compensation for personal property (loss of inventory), furniture, fixtures and equipment, punitive damages, interest, costs, attorney's and appraisal fees, injunctive or declaratory relief, or for relief by way of writ of mandate, or for demands, damages, refunds, debts, liabilities, reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and causes of action of whatever kind, at law or in equity, that the Parties have now or may have against any of the Released Parties arising from the facts and circumstances described in this Agreement including but not limited to (1) the acquisition of the Property by the Agency, (2) Tenant's leasehold interest, if any, in the Property (or any portion thereof) or (3) any other right or interest Tenant may have, assert, or claim by reason of Agency's actions or failure to act, including, but not limited to, any claim to relocation assistance, relocation benefits or compensation for property or loss of goodwill from the Agency. 2 of 7 WA (b) In making this release, the Parties intend to and do release, acquit and discharge the Released Parties, and each of them, from any liability of any nature whatsoever for any claim, injury, damages, or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim might be based, is known or unknown to the party possessing the claim. Each party expressly acknowledges and waives any and all rights under Section 1542 of the California Civil Code, which the Parties understand provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him /her must have materially affected his /her settlement with the debtor. Each party acknowledges the foregoing waiver of the provisions of California Civil Code Section 1542 was separately bargained for and expressly consents that this Agreement shall be given full force and effect in accordance with each and all of its express terms and provisions, including those terms and provisions relating to unknown or unsuspected claims, demands and causes of action, if any, to the same effect as those terms and provisions relating to any other claims, demands and causes of action herein above specified. (c) Each party acknowledges that it may hereafter discover facts or law different from or in addition to those which it now believes to be true with respect to the release of claims. Each party agrees that the foregoing release shall be and remain effective in all respects notwithstanding such different or additional facts or law or any party's discovery thereof. The Parties shall not be entitled to any relief in connection therewith, including, but not limited to, any damages or any right or claim to set aside or rescind this Agreement. (d) None of the Parties or their respective agents nor any related entities have made any statement or presentation to the other regarding any fact relied upon in entering into this Agreement and the Parties, and each of them, expressly do not rely upon any statement, representation or promise of any other party or nay party's agent or related entities in executing this Agreement, except as is expressly set forth herein. Each of the Parties has made such investigation of the facts and law pertaining to the subject matter of this Agreement as it deems necessary, and has consulted with legal counsel of its own choosing concerning these matters. (e) Tenant hereby represents and warrants as of the Effective Date of this Agreement that (1) to its actual knowledge, no other entity or person has any right, title, or interest whatsoever in the released claims, and (2) that there has been no assignment, transfer, conveyance or other disposition by Tenant of any of the released claims, and that Tenant will not make any such assignment, transfer, conveyance or other disposition subsequent to the Effective Date of this Agreement. Tenant acknowledges that the Authority has relied and is relying upon such representations and warranties in entering into this Agreement. 3 of 7 25K -47 (f) Tenant will Hold Harmless contractors or representatives nondisclosure of any other referenced by this agreement. and defend Agency, its employees, agents, from any claims that may arise from Tenant's interests in the Property or personal property (g) This Agreement represents a settlement of doubtful and disputed claims between the Parties and does not constitute any admission of liability by either party to the other party to this Agreement. Agency has delivered to Owner an offer to purchase the Property under threat of eminent domain pursuant to Government Code Section 7267.2. Tenant and Agency now wish to enter into this Agreement in lieu of eminent domain proceedings. 3. Third Party Beneficiaries Except as explicitly set forth herein, nothing in this Agreement is intended to create any third party beneficiaries under this Agreement, and no person or entity other than Authority and Tenant shall be authorized to enforce the provisions of this Agreement. 4. Attorney's Fees In the event of litigation relating to or arising out of this Agreement, the prevailing party shall be entitled to be reimbursed by the non - prevailing party for all reasonable costs and expenses incurred thereby, including, but not limited to reasonable attorney's fees and costs for services rendered to such prevailing party. 5. Indemnity Each party shall indemnify, defend and hold the other party and the Released Parties harmless from and against any claims, damages, demands, liabilities, losses, judgments, expenses and attorney's fees and /or costs resulting from the breach by such indemnifying party of any provision of this Agreement, the falsity of any representation or warranty made by the indemnifying party contained in this Agreement. 6. Entire Agreement This Agreement together contains the entire Agreement of the Parties, and supersedes any prior written or oral agreements between them, concerning the subject matter of this Agreement. 7. Partial lnvalidit In the event that any term, covenant, condition or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or against public policy, the remaining provisions shall continue in full force and effect. 4of7 8. Waiver and /or Modification The provisions of this Agreement may not be waived, altered, amended or repealed, in whole or in part, except upon a written agreement signed by each of the Parties. The waiver by one party of the performance of any provisions of this Agreement shall not invalidate this Agreement, nor shall it be deemed a waiver of any other provision hereof. 8. Headings The headings, subheadings and numbering of the different paragraphs of this Agreement are inserted for convenience and for reference only and shall not be considered for any purpose in construing this Agreement. 9. Governing Law The rights and obligations of the Parties under this Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 10. Successors In Interest Subject to any restrictions against assignment contained herein, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, executors, estates, heirs, legatees, agents and related entities of each of the Parties. 11. Necessary Acts Each of the Parties agrees to perform such further acts, and execute and deliver such further documents, as may be reasonably necessary to carry out the provisions of this Agreement. 12. Advise of Counsel The Parties, and each of the, acknowledge that in connection with the negotiations and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed the Agreement after review by such independent counsel; or, if they were not so represented, said non - representation is and was the voluntary, intelligent and informed decision and election of the party not so represented; and, prior to executing the Agreement, each party has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters which are the subject of this Agreement including but not limited to the advisability of entering into this Agreement and the meaning of California Civil Code Section 1542. 5of7 I J 13. Authority to Execute This Agreement Each person executing this Agreement on behalf of an entity represents that he or she is authorized to execute this Agreement on behalf of that entity and to bind that entity to the terms of this Agreement. 14. Construction Each party has cooperated in the drafting and preparation of this Agreement. In any construction to be made of this Agreement, or of any of its terms and provisions, the same shall not be construed against any party. 15. Counterparts This Agreement may be executed in counterparts, each of which shall be deemed an original and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 16. Voluntary Agreement The Parties, and each of them, further represent and declare that they have carefully read this Agreement and know the contents thereof, and that they sign the same freely and voluntarily. 17. Notices All notices, requests, demands and other communications required or permitted to be given under this Agreement shall be in writing and shall either be delivered personally or be sent by telegram or by regular or certified first class mail, postage prepaid, deposited in the United States mail, and properly addressed to the party at its address set forth below, or at any other address that such party may designate by written notice to the other party: To Agency: Souri Amirani Deputy City Engineer City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, California 92701 To Tenant: Garibay Tax Services c/o Hector Garibay 828 N. Bristol, Suite 103 Santa Ana, CA 92703 6 of 7 25K -50 18. Jurisdiction and Venue Any action or proceeding concerning this Agreement shall be filed and prosecuted in the appropriate California court in the County of Orange, California. Each party hereto irrevocably consents to the personal jurisdiction of the court. The Parties each hereby expressly waive the benefit of any provision of law providing for a change of venue to any other court, including, without limitation, federal Agency court, due to any diversity of citizenship between the Parties or due to the fact that either the Authority is a party to such action or proceeding. Without limiting the generality of the foregoing, the Parties specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394 or other state or federal statutes or judicial decisions of similar effect. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above. TENANT: Garibay Tax Service BY: Dated Its: CITY OF SANTA ANA BY: Dated David N. Ream City Manager ATTEST: Dated Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Dated Jose Sandoval Chief Assistant City Attorney 7of7 25K -51 25K -52 ALL INCLUSIVE SETTLEMENT AGREEMENT This All Inclusive Settlement Agreement ( "ASA" or "Agreement ") is entered into on , 2010 between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City "), and Clinica Medica San Miguel ( "Tenant "). City and Tenant may collectively be referred to in this ASA as the "Parties." RECITALS A. Tenant operates a business on the Property commonly known as Clinica Medica San Miguel, and is the occupant of the real property and improvements located at 1302 W. Santa Ana Blvd, also known as 316 N. Bristol Street ( "Property "). B. On January 29, 2010, as part of the Bristol Street Widening Project, the City acquired from In Saba, Inc the Property occupied by Tenant. C. The Parties' rights and obligations with regard to the acquisition of the Acquired Property by City are in dispute. The Parties desire to establish their respective rights and obligations and to resolve any and all existing disputes with regard to the acquisition of the Acquired Property by City upon the terms and conditions as hereinafter set forth. D. Tenant will develop a replacement retail structure ( "Replacement Structure ") on the lot immediately west and adjacent to the Property, identified as APN 007 - 183 -08. Construction of Replacement Structure is expected to be completed on or about, June 30, 201 1. E. Tenant qualifies as a displaced person under California Code of Regulations, Title 25, Division 1, Chapter 6, and is therefore eligible for relocation benefits as described therein. Tenant acknowledges that they have been informed of the City's relocation program and that they have received written material describing the relocation program, including a General Information Notice, an Informational Brochure and a Notice of Eligibility. Tenant understands that they are under no obligation to enter into this ASA and move into the Replacement Structure. Tenant understands and acknowledges that they may choose to relocate from the Property to an alternate site. Therefore, in consideration of the promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions of this ASA, the Parties agree as follows: Consideration a. City has determined and Tenant has agreed to accept THREE HUNDRED THOUSAND AND NO /100 DOLLARS ($300,000.00), as compensation for relocation assistance and /or other relocation benefits to which Tenant may be entitled, and any and all loss of business goodwill, leasehold interests, personal property, improvements pertaining to realty, bonus value, severance damages, and any and all other damages to which Tenants may be entitled as a result of City's acquisition of the Acquired Property for the Project. All Inclusive Settlement Agreement Page 1 of 9 25K -53 b. As part of this ASA, City has agreed to sell to Tenant, the Surplus Property, ( "Surplus Property ") identified in the Exhibit "A" and `B" of this Agreement for THREE HUNDRED THOUSAND FORTY NINE FOUR HUNDRED EIGHTY TWO AND NO /100 DOLLARS ($349,482.00). C. Tenant hereby expressly acknowledges and agrees that it shall acquire the Surplus Property "AS IS" and "WHERE IS," and "WITH ALL FAULTS ". Tenant shall acquire the Property after such inspection, analysis, examination and investigation as it cares to make and expressly without City's covenant, warranty or representation, whether express or implied, statutory or otherwise, as to physical condition, environmental conditions, zoning or other regulation, compliance with law, suitability for particular purposes, or any other matter whatsoever. Tenant expressly acknowledges that it shall have been afforded ample opportunity to inspect, analyze and investigate all aspects of the Surplus Property and conditions relevant thereto and the business conducted thereon, and Tenant shall rely on Tenant's own investigation and inspection, and all matters relating thereto and agrees that City has and shall have no liability or obligation whatsoever. Tenant acknowledges that city is not making any representations as to the future granting of any city approvals, if any, required for the development of the Surplus Property. Tenant hereby expressly acknowledges that, notwithstanding anything to the contrary contained in this Agreement or elsewhere, City has not made and shall not be deemed to have made any representations or warranties whatsoever regarding the Surplus Property or otherwise, and there shall be no obligations of City that shall survive the Closing. Tenant hereby assumes all risks in connection with the Surplus Property and the matters referred to in this Section. d. City agrees to convey said Surplus Property to Tenant, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this ASA. e. The Parties agree to open an escrow for the purchase and sale of said Surplus Property in accordance with the terms and conditions of this Agreement (the "Escrow ") at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the "Escrow Agent ") within five (5) days from and after the date on which the City has signed this Agreement. This Agreement constitutes the joint escrow instructions between the Parties' and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 30 days of the City's execution of this Agreement. The Parties' agree to execute such escrow instructions as the Escrow Agent shall reasonably require in connection with the opening and administration of the Escrow, provided that all such escrow instructions shall be consistent with the terms of this Agreement and any modifications to this Agreement mutually agreed upon by Tenant and City. The Parties agree to split escrow fees 50 percent each. City agrees to pay cost of any transfer taxes, recording fees, cost of title insurance, document preparation fees, incidental to the conveying of said real property to City. All Inclusive Settlement Agreement Pa e 2 of 9 25k -54 Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to Tenant as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. City shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to Tenant is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to Tenant is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all years prior to the fiscal f. Payment of Purchase Price. Tenant agrees to use the proceeds it would be entitled to under paragraph la towards the purchase price of the Surplus Property. Tenant agrees to deposit the remainder of the purchase price in the sum of FORTY NINE THOUSAND FOUR HUNDRED EIGHTY TWO AND NO /100 DOLLARS ($49,482) in the Escrow with the Escrow Agent within TEN (10) days from and after the date on which the City has signed this Agreement, and the Escrow Agent is hereby authorized to pay the same to City upon and after: Conveyance of said Surplus Property by City to Tenant as hereinabove provided; Delivery to Tenant a policy of title insurance as hereinabove provided; Recordation of the Grant Deed conveying said Surplus Property to Tenant. g. Possession. City agrees to deliver to Tenant, quiet and peaceful possession of said Surplus Property, conditional upon Bristol Drug Co. vacating the lower first floor of the building, located on Property. Tenant agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from Bristol Drug Co. occupancy as it relates to the Surplus Property. h. Vacating Date. Tenant agrees to vacate Property on or before June 30, 2011. Payment of the consideration referenced in section 1 of this ASA, shall constitute full satisfaction of any and all of City's obligations to compensate Tenant. j. As a matter of record, the compensation paid to Tenant in accordance with this ASA shall be proportioned in the following amounts: Relocation benefits shall equal $128,000. Payment for any loss of furniture, fixtures and equipment, All Inclusive Settlement Agreement Page 3 of 9 25K -55 bonus value, improvements to realty, business goodwill, and/or severance damages shall equal $172,000. 2. Release a. Tenant, on behalf of itself, its agents, assigns and related entities, agree to indemnify, fully release, acquit and discharge City, and the officers, directors, employees, attorneys, accountants, other professionals, insurers and agents of City (collectively "Agents ") and all entities related to City, from any and all rights, claims, interests, demands, actions or causes of action which Tenant now has or may in the future have against City arising from the acquisition of the Acquired Property, including, but not limited to, trade fixtures, furniture and equipment, leasehold interests, and claims for loss of business goodwill, bonus value (if any) and /or severance damages (if any), including claims from vendors, independent contractors, subtenants now and forever. b. No Party, nor any Agents, nor any related entities, to this ASA have made any statement or representation to any other Party regarding any fact relied upon in entering into this ASA, and each party expressly states it does not rely upon any statement, representation or promise of any other Party or any Party's Agent or related entities in executing this ASA, except as is expressly stated in this ASA. Each Party to this ASA has made such investigation of the facts and law pertaining to this ASA, and of all other matters pertaining hereto, as it deems reasonable, necessary and/or appropriate, and has consulted with legal counsel concerning the matters contained herein. 3. Attorney's Fees In the event of litigation relating to this ASA, the prevailing party shall be entitled to reasonable attorneys' fees and costs. 4. Indemnity By Tenants Tenant shall indemnify, defend and hold harmless City from and against any and all claims, demands, liabilities, losses, judgments, expenses and attorney's fees resulting from the breach by Tenant of any provision of this ASA, or the falsity of any representation or warranty made by Tenant contained in this ASA. 5. Entire Agreement This ASA contains the entire Agreement of the Parties hereto pertaining to the subject matter discussed herein, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. This ASA may be modified only by a writing executed by the Parties hereto. All Inclusive Settlement Agreement Page 4 of 9 25K -56 6. Partial Invalidi In the event that any term, covenant, condition or provision of this ASA shall be held by a court of competent jurisdiction to be invalid or against public policy, the remaining provisions shall continue in full force and effect. 7. Waiver The provisions of this ASA may be waived, altered, amended or repealed, in whole or in part, only upon the written consent of all Parties to this ASA. The waiver by one party of the duty of performance by the other Party of any provision in this ASA shall not invalidate this ASA, nor shall it be considered a waiver of any rights or remedies available to the non - breaching Party of this ASA. 8. Headings The headings, subheadings and numbering of the different sections of this ASA are inserted for convenience only and shall not be considered for any purpose in construing this ASA. 9. Governing Law The rights and obligations of the parties hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 10. Successors In Interest Subject to any restrictions against assignment contained herein, and to any legal limitations on the power of the signatories to bind non - signatories to this ASA, this ASA shall inure to the benefit of, and shall be binding upon, the assigns, successors -in- interest, personal representatives, executors, estate, heirs, legatees, Agents and related entities of each of the Parties hereto. 11. Necessa y Acts Each Party to this ASA agrees to perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this ASA. 12. Advice Of Counsel Each Party hereto, by its execution of this ASA, represents to every other Party that it has reviewed each term of this ASA with its counsel and hereafter no Party shall deny the validity of this ASA on the ground that the party did not have advice of counsel. Each Party to this ASA has had the opportunity to receive independent legal advice with respect to the advisability of entering into and being bound by this ASA and with respect to the meaning of California Civil Code § 1542. All Inclusive Settlement Agreement Page 5 of 9 25K -57 13. Parties Have Not Transferred Right Or Claims The Parties hereto each represent and warrant to the other Party that they have not assigned, transferred or sublet to any third party any of the rights, claims, causes of action or items to be released or transferred which they are obligated to transfer or to release as part of this ASA. 14. Authority To Execute This Agreement Each Party executing this ASA represents that it is authorized to execute this ASA. Each Party executing this ASA on behalf of an entity, other than an individual executing this ASA on his or her own behalf, represents that he or she is authorized to execute this ASA on behalf of said entity. 15. Construction Each Party has cooperated in the drafting and preparation of this ASA. In any construction or interpretation to be made of this ASA, or of any of its terms, conditions and/or provisions, the same shall not be construed against any party. 16. Notices All notices, requests, demands and other communications required or permitted to be given under this ASA shall be in writing and shall either be delivered in writing personally or be sent by telegram or by regular or certified first class mail, postage prepaid, deposited in the United States mail, and properly addressed to the Party at its address as set forth below, or at any other address that such Party may designate by written notice to the other Party: To City: City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 Attention: Souri Amirani To Tenant: Raul Torres Clinica Medica San Miguel c/o Law Offices of Nick Mosich 2204 E. Fourth St., #100 Santa Ana, CA 92705 All Inclusive Settlement Agreement Page 6 of 9 25K -58 17. Counterparts This ASA may be executed in counterparts, each of which shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. IN WITNESS WHEREOF, the Parties have executed this All Inclusive Settlement Agreement as of the date first written above. TENANT: Clinica Medica San Miguel By: Its: CITY OF SANTA ANA: By: David N. Ream City Manager ATTEST: M. Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Jose Sandoval Chief Assistant City Attorney Date MR( Date: 2010 Date: 12010 All Inclusive Settlement Agreement Page 7 of 9 25K -59 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: All that certain real property situated in the County of Orange, State of California, described as follows: All Inclusive Settlement Agreement Page 8 of 9 25K -60 EXHIBIT B All Inclusive Settlement Agreement Page 9 of 9 25K -61 w_ ►Q* PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS (Residential) THIS AGREEMENT, entered into this _ day of , 2010, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City" or "Buyer "), and Joaquin Torres (hereinafter called "Seller "), regardless of number or gender; WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property (hereinafter referred to as "said real property ") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 622 N. Bristol, Santa Ana, CA) Said purchase and sale of said real property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, , located at 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (including any and all leases), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (including any and all leases), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title insurance company, with the City therein named as the insured, in the amount TWO HUNDRED AND SEVENTY FIVE THOUSAND DOLLARS ($275,000) insuring the title of W_ fte l the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (including any and all leases), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of title insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 90 days of the City's execution of this Agreement. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, the total sum of TWO HUNDRED AND SEVENTY FIVE THOUSAND DOLLARS ($275,000). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided 25K -64 (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Estoppel Certificate) on a form furnished to Seller by Buyer and deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached thereto. All rents will be prorated as of the close of escrow on the basis of a 30 -day month /360 -day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of Buyer during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of property, exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors in Interest. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon said real property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property,. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: 622 N. Bristol Santa Ana, CA 92703 25K -65 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of said real property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 26220 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seg. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seg. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, 4 W ffpe1` ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 21. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 23. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 28. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 25K -67 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The parties have executed this Agreement as of the date written below. SELLER: BUYER: CITY OF SANTA ANA By: Date: 2010 By: Joaquin Torres David N. Ream City Manager ATTEST AS TO FORM: ATTEST: Joseph W. Fletcher City Attorney By: 6 Date: Jose Sandoval Chief Assistant City Attorney Date: 2010 2010 By: Date: 2010 Maria D. Huizar Clerk of the Council W mle ee� EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: Lot 1, and the south 14 feet of Lot 2, Tract No. 662, in the City of Santa Ana, County of Orange, State of California, as shown by map recorded in Book 24, Page 17 of Miscellaneous Maps, in the office of the County Recorder, County of Orange, California. 25K -69 EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25K -70 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -36 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER USE GOVERNMENT CODE SECTION 6103. SPACE ABOVE THIS LINE FOR RECORDER'S CANCEL APPROVED AS TO APPROVED BY DESCRIPTION DESCRIPTION A,P. R/W MAP PROJECT TAXES FORM BY ATTY, DIRECTOR WRITTEN BY CHECKED -O.K. NUMBER NUMBER NUMBER X 405 - 073 -15 622 N. Bristol, Santa Ana (Address /Approximate Location) DEED NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JOAQUIN TORRES Does Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, fee simple title to the real property in the City of Santa Ana, County of Orange, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Dated STATE OF CALIFORNIA )SS. COUNTY OF I 2010, before me, By: Joaquin Torress personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SIGNATURE OF NOTARY PUBLIC PLACE NOTARY SEAL ABOVE MAIL TAX STATEMENTS AS DIRECTED ABOVE 25K -71 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: Lot 1, and the south 14 feet of Lot 2, Tract No. 662, in the City of Santa Ana, County of Orange, State of California, as shown by map recorded in Book 24, Page 17 of Miscellaneous Maps, in the office of the County Recorder, County of Orange, California. 25K -72 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: AMENDMENT TO COOPERATIVE AGREEMENT WITH COUNTY OF ORANGE FOR PROPOSITION 1B ALLOCATION FOR CITY STREETS L � CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a second amendment to the cooperative agreement with the County of Orange to redirect the surplus from previously allocated Proposition 1 B funds, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION At their March 4, 2008 meeting, the County Board of Supervisors allocated a portion of the County's Proposition 1 B (Prop 1 B) funds to assist cities in the delivery of critical transportation and safety projects. On May 5, 2008 the City Council approved a cooperative agreement with the County for the receipt of the first allocation of these Prop 1 B funds. The City completed the projects but due to competitive and favorable bids the project balance resulted in a surplus of $526,167. On March 16, 2010, the City requested the surplus funds to be reallocated for improvements to Golden Circle Drive from First Street to 650 feet north of Fourth Street (Exhibit 1). A letter dated May 13, 2010 from the County indicated support for the funding reallocation and that the City's request would be approved in November 2010. For the County to dispense these funds, Amendment No. 2 to the existing County /City Cooperative Agreement No. D08 -42 must be executed. The allocation was included in the City's Fiscal Year 2010/11 CIP and will be expended by June 30, 2011. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25L -1 Amendment to Cooperative Agreement with County of Orange November 15, 2010 Page 2 FISCAL IMPACT Revenues received from Proposition 1B will be allocated to the projects as part of Capital Improvement Program in FY 10/11. APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godin z II Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency RG:SA Exhibit 1: Location Map Exhibit 2: Amendment 25L -2 i y PROJECT LIMITS EXHIBIT 1 SANTA ANA TITLE: cmr COUNCIL SECOND AMENDMENT TO THE P W AGENDA DATE: COOPERATIVE AGREEMENT WITH COUNTY NOV. 15, 2= OF ORANGE FOR COUNTY'S PROPOSITION PUBLIC WORKS AGENCY _. 16 ALLOCATION FOR CITY STREETS 25L -3 25L -4 Amendment No. 2 to Agreement No. D08 -042 AMENDMENT NO.2 TO PROPOSITION 111 CITY AGREEMENT This AMENDMENT NO. 2 TO CITY AGREEMENT No. D08 -042 ( "Agreement ") is made and entered into this day of , 2010, by and between the County of Orange, California, a political subdivision of the State of California ( "County "), and the City of Santa Ana, a municipal corporation in the State of California ( "City "). The County and City shall sometimes be referred to separately as a "Party" and collectively as the "Parties." RECITALS WHEREAS, on June 17, 2008 the County entered into Agreement No. D08 -042 for the City to receive as aid, a portion of the County's Proposition 1 B First Allocation in order to fund necessary roadway improvements in the City that are in the general County interest; WHEREAS, on September 29, 2009 the County and City executed Amendment No. 1 to D08 -042 to provide City with an additional $1,019,381 to fund other necessary roadway improvements in the City that are in the general County interest; WHEREAS, the total County's Proposition 113 First Allocation funds shared with the City is $2,019,381; WHEREAS, such funds were deposited with the City on July 15, 2008 and December 24, 2009; WHEREAS, the City completed its projects with a total cost of $1,590,592.98, which resulted in a surplus of $526,167; WHEREAS, the City wishes to redirect the surplus of $526,167 to the Golden Circle Street Pavement Rehabilitation Project; and WHEREAS, the City and County mutually agree to redirect the surplus of $526,167 to the Golden Circle Street Pavement Rehabilitation Project. IT IS MUTUALLY UNDERSTOOD BY THE PARTIES THAT: Exhibit A (Revision 2) has been revised to redirect the surplus of $526,167 to the Golden Circle Street Pavement Rehabilitation Project. All other conditions and requirements of Agreement No. D08 -042 and its Amendment No. 1 remain in full force. 2 k lgf 3 Amendment No. 2 to Agreement No. D08 -042 IN WITNESS WHEREOF, City has caused this Agreement to be executed by its City Manager and attested by its Clerk, on the dates written opposite their signatures, all thereunto duly authorized by the City Council. City of Santa Ana, a municipal corporation Date: By: City Manager ATTEST: APPROVED AS TO FORM: By: City Clerk City Attorney 2 WE2 —6,f 3 Amendment No. 2 to Agreement No. D08 -042 IN WITNESS WHEREOF, County has caused this Agreement to be executed by the Chairman of the Board of Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the Board of Supervisors. Date: County of Orange, a political subdivision of the State of California Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM: THIS DOCUMENT HAS BEEN DELIVERED COUNTY COUNSEL TO THE CHAIRMAN OF THE BOARD ORANGE COUNTY, CALIFORNIA an am Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California 26L 3 ! 3 Deputy N le O co O 0 O z r c d E d d a� a O N 0 z r c d C d Q c a Rr N 00 c c N O � V a R O O cu a Cc m U) 0 O O o O r_ o O .N a c ~ O CO 00 O N O c o M m a) z_ LL o 0 M O CO CA O O N C. _ r- O O m 0 v CV m co _ .O 6c# r LL X •p W G. -a E L O m ° cn w. `O d U M CL �a p a t Q c a Rr N 00 c c N O � V a R co a cc m U) 0 cc a cu m U) 0 cu a Cc m U) 0 O o O o .N a c O O c o a) z_ LL o L v/ Qi L Q y O N C. _ O 0 v co _ .O J O LL X •p W -a E L W 3 a m ° cn w. `O d U i CL �a p a t Q 2' a LL E o G E U N N (D U) O O N (n y U Cl) (D C o L U) N vii �-wo E cn — U-) co CD Ui o CL o 0 co 25L -8 0 m m 0_ REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: CONTRACT EXTENSION FOR PARKING CONCEPTS, INC. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached contract amendment with Parking Concepts, Inc. of Los Angeles in an amount not to exceed $35,000 for a one -year term, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana owns and operates four parking facilities within Downtown Santa Ana. All four facilities are multi -level parking structures and are vital in providing easily accessible parking for the surrounding retail businesses and numerous visitors to the area, as well as providing parking for various events held throughout the year. On December 3, 2007, the City Council approved the award of a two -year contract to Parking Concepts, Inc. (PCI) for parking management services with a provision to extend the term of the agreement for three additional one -year periods. Staff is recommending that the second of the three, one -year options be exercised. Further, it is proposed that several amendments be included in the contract to address needs not anticipated in the original contract. These include: 1) operation and maintenance of the surface parking lot at Third and Bush Streets in the amount of $200 per month; 2) implementation of a valet parking service on weekends, subject to a three -month trial period to determine economic feasibility; 3) installation of certain improvements to enhance garage security and operations. These items may include, but are not limited to, securing the ground floor perimeter of the garages, where possible; upgrading /adding lighting; installation of security cameras; and improving circulation, where possible. In addition, new operational measures will be implemented including: extended service hours, enhanced security services, and coordinating operational procedures with the Police Department 25M -1 Contract Extension for PCI November 15, 2010 Page 2 and Downtown, Inc. The City will also be re- evaluating the installation of a new access control system. Recently, PCI underwent the process of selecting a new security company for the parking structures. Five companies responded to the request for proposals. After an interview process, which included representatives from the Police Department and Downtown, Inc., PCI selected Universal Protection Services (UPS) as the new security company for the parking structures. UPS is a Santa Ana based company with experience in the downtown under its contract for security services with First American. As part of the new contract, UPS will be required to coordinate with other security companies operating in the downtown. The proposed PCI contract modifications have been reviewed and approved by the Police Department, all of which will result in safer, cleaner, and more accessible public parking facilities. PCI continues to maintain a collective bargaining agreement with the California Teamsters Local 911. FISCAL IMPACT Funds are available in the Downtown Parking Facilities account (no. 02718861- 62300). � I Paul M. Walters Chief of Police Police Department Cynthia J. Nell& Deputy City Manager for Development Services Community Development Agency CJN /NTE /FH /mlr Exhibit: 1. Contract Amendment APPROVED AS TO FUNDS AND ACCOUNTS: C� Francisco Gutierrez Executive Director Finance & Management Services Agency 25M -2 EXERCISE OF SECOND ONE -YEAR OPTION AND AMENDMENT TO NON - EXCLUSIVE OPERATING AGREEMENT FOR PUBLIC PARKING GARAGES AND SURFACE LOT STAFFING AND FIELD MANAGEMENT BETWEEN THE CITY OF SANTA ANA AND PARKING CONCEPTS, INC. THIS EXERCISE OF SECOND ONE -YEAR OPTION AND AMENDMENT TO NON- EXCLUSIVE OPERATING AGREEMENT is entered into on November 15, 2010, by and between Parking Concepts, Inc. ( "Operator ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City"). RECITALS: A. The City entered into the Non - Exclusive Operating Agreement for Public Parking Garages and Surface Lot Staffing and Field Management Between the City of Santa Ana and Parking Concepts, Inc. (Agreement #2007 -253) dated December 31, 2007 ( "said Agreement "), with Operator by which Operator has operated and managed the City's Parking Garages and Surface Parking Lots for two years. B. In accordance with said Agreement, the parties exercised the First Option to said Agreement on November 2, 2009. C. In accordance with the terms and conditions of said Agreement, the parties wish to exercise the second one -year option to extend the term for one (1) additional year. The parties also wish to amend certain terms of said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement, the parties hereto do hereby agree as follows: 1. Section A. of the Recitals shall include the following language: "5. Parking Garage E: The surface parking lot with 67 spaces located at the corner of Third Street and Bush Street, Santa Ana, CA 92701." 2. Section 1. A in "Definitions" shall include Parking Garage E, and Exhibit A shall be amended to include this additional parking lot as set forth in the amended Exhibit A, attached hereto and incorporated herein. 3. Section 2 "Scope of Services" shall be amended to add valet parking services and the installation of certain improvements to enhance garage security and operations, subject to prior approval by the City. These improvements may include, but are not limited to, securing the ground floor perimeter of the garages where possible; upgrading/adding lighting; installation of security cameras and improving circulation, EXHIBIT 1 25M -3 where possible. Insurance shall be upgraded to cover any additional liability exposure due to such increases in the Scope of Work. 4. Section 3 "Term of Agreement" shall be extended by exercise of this Second Option to Extend the term from January 1, 2011 to January 1, 2012. 5. Section 4 "Compensation" shall be amended to increase the compensation to $2,600.00 per month. Total annual compensation under the Agreement shall not exceed $35,000.00 over the extended term. 6. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Option to Extend the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Lisa Storck Assistant City Attorney Recommended for Approval: Cynthia J. Nelson, Deputy City Manager For Development Services CITY OF SANTA ANA David N. Ream City Manager PARKING CONCEPTS, INC. Robert Hindle Vice President Tax ID# 25M -4 A 201 West Third Street B 300 East Fifth Street C 420 North Main Street D 310 North Birch Street E 201 East Third Street Exhibit A 25M -5 25M -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: AGREEMENT WITH KNOWLWOOD ENTERPRISES, INC. FOR PROVIDING FOOD CONCESSION SERVICES AT THE SANTA ANA ZOO AT PRENTICE PARK CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached foods concession agreement with Knowlwood Enterprises, Inc. for providing food concession services at the Santa Ana Zoo at Prentice Park. DISCUSSION The Santa Ana Zoo at Prentice Park receives 275,000 visitors per year from all over Orange County. To enhance the visitor experience, the Zoo food concession provides a variety of hot and cold meals, beverages, and snack food items. The Zoo's food concession facility is designed to service customers both inside and outside the Zoo. In addition, the Zoo has a large private picnic area and 150 -seat amphitheater that is suitable for private parties up to 500 people. These areas are often used for catering private and company picnics and after -hours events operated by the City and Friends of Santa Ana Zoo (FOSAZ). Our existing Zoo concessionaire was selected in 2000 and had an initial five year agreement with the City with one five year renewal option. The renewal was provided in 2005 and the agreement ends this year. On July 15, 2010, 36 Requests for Proposals (RFPs) were issued to restaurateurs and concessionaires soliciting proposals for food concession services. A pre - proposal conference was conducted on July 27, 2010 and four vendors submitted proposals for consideration. El Coyar, El Tapatio, Knowlwood Enterprises and Misto Faire each submitted proposals for review. A six - member evaluation committee consisting of representatives from Bowers Museum, Discovery Science Center, Friends of Santa Ana Zoo, and the Parks, Recreation and Community Services Agency evaluated and rated the four proposals. 25N -1 Agreement with Knowlwood Enterprises November 15, 2010 Page 2 The proposals were evaluated based on the Vendor's Credentials and Experience (40 %), Operations and Menu (40 %), and ability to provide Theme Based Marketing (20 %). The results of the evaluation committee are as follows. Vendor Score Knowlwood Enterprises 591 Misto Faire 495 El Co ar 411 El Ta atio 361 Knowlwood is proposing a broad menu consisting of burgers, fries, Mexican food, kid's meals, and a variety of healthy menu items. The agreement will have a three -year term and will include a provision that allows the City to extend the agreement for two additional two -year terms. Under the agreement, the City will maintain the exterior of the facility and pay all utilities, including electricity, water and gas. Knowlwood will pay the City $2,800 per month for the right to operate the facility. FISCAL IMPACT Funds for this agreement will be deposited in the Zoo Food Sale Concession revenue account (no.01113002 53313) Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: M b -�— a ��, Francisco Gutierrez, P Executive Director Finance and Management Services Agency 25N -2 CONCESSION AGREEMENT THIS AGREEMENT, made and entered into this _day of , 2010 by Knowlwood Enterprises, Inc, a California Corporation (hereinafter "Concessionaire "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Concessionaire having special skill and knowledge in the field of foods service concessions comparable with "high- level" industry practice. B. Concessionaire represents that Concessionaire is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Concessionaire represents that it is knowledgeable in its field and that any services performed by Concessionaire under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional "high- level" food service operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Concessionaire shall perform those services as set forth in the Scope of Services (Exhibit "A ") as well as Concessionaire's proposal on file with the City. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. COMPENSATION In consideration for the concession rights granted by this Agreement, Concessionaire agrees to pay the City a monthly concession fee of $2,800 per month, in arrears. The payment is due on the 1" of each month. For the initial month only, services for a partial month shall be prorated on a daily basis. A 3% late fee will be added if payment is not received by the 10th of the month. 3. TERM This Agreement shall commence on the date first written above and terminate on the last day of the month three (3) years following the date set forth for the above, unless terminated earlier in accordance with Section 11, below. At the sole discretion of the City Council, the term may be extended an additional 2 two -year terms. 25N -3 4. INDEPENDENT CONTRACTOR Concessionaire shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Concessionaire performs the services which are the subject matter of this Agreement; however, the services to be provided by Concessionaire shall be provided in a manner consistent with all applicable standards and regulations governing such services. Concessionaire shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Concessionaire shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Concessionaire shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Concessionaire's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Concessionaire shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "B" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Concessionaire is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Concessionaire agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Concessionaire pursuant to this section: (i) Concessionaire shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 2 25N -4 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Concessionaire fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. 6. INDEMNIFICATION AND HOLD HARMLESS Concessionaire agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Concessionaire or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates in any way to the services provided by Concessionaire under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects arising from this Agreement or of the Concessionaire's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Concessionaire further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Concessionaire's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFLICT OF INTEREST CLAUSE Concessionaire covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 3 25N -5 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana P.O. Box 1988 Santa Ana, California 92702 To Concessionaire: Knowlwood Enterprises, Inc. 17654 Newhope Street, Suite H Fountain Valley, CA 92708 Fax: 714- 729 -9214 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement between the City and Concessionaire, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Concessionaire. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Concessionaire nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 10. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Concessionaire, Concessionaire may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing L, W L1 l in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Concessionaires retained by City. 11. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Concessionaire upon thirty (30) days written notice. In the event of termination by the City, City shall be entitled to receive compensation for all activities by Concessionaire prior to receipt of such notice of termination. The City shall give the Concessionaire ten (10) days written notice of any deficiency before it may exercise its right of termination if the reason is for breach by the Concessionaire. 12. DISCRIMINATION Concessionaire shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Concessionaire affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 15. LICENSES & PERMITS Concessionaire shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. These shall include but not be limited to the following: a California State Board of Equalization Seller's Permit; City of Santa Ana Business Tax Receipt; Certified Food Handler Permit; and County of Orange Heath Department Permit. Concessionaire shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said failure shall be cause for termination of this Agreement by the City in accordance with Section 11, above. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. E 25N -7 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director of the Parks Recreation and Community CITY OF SANTA ANA: DAVID N. REAM City Manager CONCESSIONAIRE: Thanh D. Nguyen, Ph.D. President and CEO Tax ID # 0 W_\_Q967 EXHIBIT "A" I. SCOPE A. PROJECT DESCRIPTION This specification outlines the service expectations for the food concessionaire that operates the Santa Ana Zoo at Prentice Park concession building. The concession building totals 2,488 sq. ft. of which 704 sq. Ft. is provided for food preparation and sales. Friends of Santa Ana Zoo ( FOSAZ) operates the gift shop and has exclusive rights for the gift shop and souvenir items; however, the food service concessionaire may sell souvenir drink cups and other items approved by the Zoo Manager. The Zoo concession facility is a full service food operation that is capable of providing a variety of hot and cold meals, beverages, and snack food items. It is equipped with a large grill. The successful vendor will be responsible for providing a deep fat fryer, ice machine, refrigerator and freezer, soft drink dispensers, Icee machines, ice cream freezer, microwave, coffee maker, popcorn machine, or churro warmer and any other equipment needed. The Zoo has a large private picnic area and 150 -seat amphitheater that is available to the City and FOSAZ for special events. The City and /or FOSAZ reserve the right to hire another caterer for special events at the Zoo. Private parties are under no obligation to use the Zoo concessionaire. Concessionaire may be given the opportunity to bid on food service for those events and will be given a 10 -day notice of such events. Annual attendance at the Zoo ranges from 250,000 to 275,000 with the busiest months being March through August. The Zoo is open every day of the year except Christmas Day and New Year's Day. The Zoo is open to the public from 10:00 a.m. to 5:00 p.m. daily except for Saturdays and Sundays from Memorial Day through Labor Day when hours are 10:00 a.m. to 6:00 p.m. B. SATELLITE CARTS Satellite food/beverage stations are possible at the following locations: 1. Carrousel plaza — between the carrousel line and the train rides. 2. Elephant ring — food stand and carts next to the elephant ride. Any other satellite stations will have to be pre- approved by the Zoo Manager. C. OBJECTIVES 1.Provide excellent food service at reasonable prices. 2.Conduct a clean and efficient operation. 3.The food concession operation should be consistent with and enhance the Zoo image. 4.The operating hours shall be consistent with those of the Zoo. Any exceptions to these hours must be approved by Zoo Manager. 5.Upon Zoo Manager's approval the concessionaire may also sell beyond Zoo hours to patrons through outside service window. 7 D. CITY RESPONSIBILITIES 1. City will maintain the exterior of the structure and landscaping except for trash and debris around eating area tables and chairs. 2. City will provide paid utilities including water, trash, electricity, and gas. 3. City will communicate with the concessionaire regarding events organized by the Zoo or Friends of Santa Ana Zoo. 4. City will provide staff contact as liaison for communication and problem resolution. 5. City reserves the right for independent audit of concession operations. E. CONCESSIONAIRE RESPONSIBILITIES 1. Provide food service to Zoo visitors that meet standards of quality and service as mutually agreed by concessionaire and Zoo Manager. Fast food menu is acceptable providing there are varieties of "healthier" menu alternatives. 2. The Zoo Manager must approve all menu items, pricing and marketing material. Some food items may be restricted due to possible problems related to excessive litter or potential animal health issues. 3. Provide on -site manager who has current food service handler's certification from the Orange County Health Department. 4. Meet sanitation and food preparation standards as established by the Orange County Health Department. 5. Have and maintain Santa Ana City business license 6. Secure an ABC License for the sale of beer and wine and maintain requirements for same. Sale of beer and wine will only be allowed at events approved by the Executive Director of Parks, Recreation & Community Services. 7. Concessionaire is responsible for hiring and compensating employees, including all applicable payroll taxes and deductions. Concession employees are not considered City employees. 8. Provide adequate staff to meet visitor demands, which vary with season and day. 9. Maintain a regular schedule of cleaning and sanitation of interior of food service facility and equipment, and proper recycling of deep fat fryer cooking oil. The concessionaire is responsible for repairs to interior of food service area subject to City approval. The concessionaire is also responsible for any repairs to any equipment and facilities damaged due to concessionaire's negligence. 8 25N -10 10. Tenant improvements and move in to be done by concessionaire in conjunction with the OC Health approval. 11. Continually maintain front of concession stand clean which includes cleaning tables and chairs, picking up all trash and empting trash cans. In addition, all trash cans must be emptied at the end of each business day. Trash from inside the facility may be enclosed in proper containers behind the facility in the service area but must be removed to the Zoo's dumpsters on a daily basis before closing. No plastic bags of trash or cardboard boxes are to be stacked in the service area. This is necessary for vermin control. 12. Provide such equipment as necessary for food service operation that is not part of the permanent fixtures of the facility. 13. Provide supplies for food preparation, cleaning and sanitation, and trash containment. 14.Provide theme based marketing such as graphics, menus, and operational materials. F. CONCESSION FEE In consideration for the rights obtained hereunder, Concessionaire shall pay $2,800 per month, payable on the first day of each month for the following month. For example: rent for October is due on October 1st. A 3% late fee will be added if payment is not received by the 10th of the month. G. SPECIAL CONSIDERATIONS AT A ZOO FACILITY Because of special requirements and considerations for Zoo animal safety, special restrictions may be necessary as far as items sold, food packaging, location of portable carts, etc. The Zoo Manager must approve all menu items, packaging and cart locations (or changes to above). H. VISITOR SERVICES Customer satisfaction and visitor service is of utmost importance. It is mandatory that our food concessions be run in an efficient, courteous manner by staff that is clean and neatly dressed, presenting a positive image for the Zoo. Food concession staff will be expected to wear a Zoo specific `uniform" approved by Zoo Manager. I. TENANT IMPROVEMENTS Concessionaire shall provide detailed plans of all tenant improvements to be completed and submitted to City by 90 days after the commencement of the agreement. All non - structural tenant improvements shall be completed by six months after the commencement of the agreement. All structural tenant improvements shall be completed by one year after commencement of the agreement. Concessionaire shall work with City on a more detailed timeline once details of tenant improvements are available.. E 25N -11 Exhibit `B" ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and volunteers are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Issued to this endorsement form as a part of Policy # Named Insured Countersigned by 10 25N -12 Authorized Representative REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: AGREEMENT TO PROVIDE A JAIL INMATE DISTANCE LEARNING PROGRAM � � t c� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Rancho Santiago Community College District to provide registration and class materials for the jail inmates enrolled in Distance Learning Classes in an annual amount not to exceed $25,000 subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On February 5, 2007, Council approved the agreement with Ranch Santiago Community College District to provide educational classes for inmates. One of the programs offered by the jail is an opportunity for the inmates to obtain an Associate of Arts Degree with Santa Ana College. The Santa Ana Police Department is requesting to renew the agreement to provide for an additional year of services. FISCAL IMPACT Funds are available in the Police Department's Inmate Welfare Account (account no. 02314475- 62300). � � I Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 250 -1 250 -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this Lda of August, 2010, by and between Rancho Santiago Community College District/Santa Ana College (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of jail inmate education. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $25,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. {Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2011, unless terminated earlier in accordance with Section 12, below. In order to provide continuous uninterrupted service, all services provided by Consultant since July 1, 2010, shall be included within the Scope of Services of this Agreement. The term of this Agreement may be extended upon a writing executed by the Chief of Police and the City Attorney. SAC -10 -050 250 -3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Due to the nature of the services provided, commercial general liability insurance is not required. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability inswance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the .city. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just SAC-10-050 compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 SAC -10 -050 250 -5 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 245 -8001 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant: Rancho Santiago Community College District Santa Ana College Attn: Peter J. Hardash 1530 W. 17' Street Santa Ana, California 92706 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, Promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. SAC-10-050 250 -6 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shalt pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City SAC -10 -050 immediately and in writing of its inability to obtain or maintain such permits, licenses, ;approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's tees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Ryan O. Hodge Deputy City Attorney RECOMMENDED FOR APPROVAL: W PAUL M. WALTERS Chief of Police SAC -10 -050 CITY OF SANTA ANA DAVID N. REAM City Manager CONSULTANT RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT PETER J. HAR Vice Chancellor Business Operations and Fis • I Services Tax ID# �! 250 -8 EXHIBIT A SCOPE OF SERVICES Consultant agrees to provide distance learning college credit classes to Santa Ana Jail inmates wishing to obtain an Associate of Arts degree. Rancho Santiago Community College District/ Santa Ana College agrees to: 1.) Provide registration material at least 30 days prior to the start of the semester; 2.) Guarantee a minimum of sixteen (16) slots for inmate students; 3.) Offer one (1) or more distance learning courses to inmates per semester; 4.) Make course videotapes available at the beginning of the semester for inmates to view at their own pace throughout the semester; 5.) Allow inmates to complete assignments, tests, quizzes at any time prior to the deadline, in order to allow each inmate to finish classes quickly; 6.) Allow any Santa Ana College instructor currently employed at the Santa Ana Jail to proctor the quizzes/tests/ midterms. The Proctor is responsible for mailing the test items; 7.) Allow homework and regular assignments to be mailed by the inmate to an agreed upon college address and return graded assignments, quizzes, and tests by mail within ten (10) working days of receipt of the item; 8.) Allow all interactions between the students and the assigned instructor to be handled by regular mail (no phone interactions); 9.) Allow inmates to drop with a "withdraw" rather than a "fail" if they are transferred before the end of the semester. Students dropping the course, but remaining in the jail facility, will be subject to a "fail" after the regular drop date for the semester. The City /Santa Ana Jail agrees to: I . Pay incurred tuition fees, calculated each semester at the then current rate per credit, within 30 days of billing; 2. Pay for mailing of class materials from the students to the course instructor(s); 3. Pay for textbooks and additional materials required, up to a maximum of $150.00 per inmate, within 30 days of billing; 4. Provide a VCR for the sole use of students enrolled in a credit class and allow access to the VCR for a minimum of 15 hours per week, unless a general lockdown occurs; 5. Prepare class materials to conform to Jail security regulations, including, but not limited to, reading of all college mail entering the facility, removal of hard covers from textbooks, removal of staples and removal of all tape; 6. Provide pens for the completion of assignments (no pencils allowed); 7. Assure the security of Santa Ana College distance teaming videotapes while housed at the Santa Ana Jail facility; 8. Verify that all necessary proctoring is performed by a Santa Ana College instructor with Jail security clearance; 9. Notify Santa Ana College when a student drops or is transferred. SAC -10 -050 250 -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: AGREEMENT WITH KCC KNOWLEDGE COMPUTING Ltd. TO PROVIDE ANNUAL SOFTWARE MAINTENANCE AND SUPPORT r CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council agreement with KCC Knowledge Computing Ltd, fo r customer support in an amount not to exceed $57,500 by the City Manager and City Attorney. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2`' Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER to execute the attached amendment to the the software application maintenance and subject to non - substantive changes approved On June 15, 2006, Council approved the agreement with KCC Computing, to provide annual software maintenance and support of the Visiphor Booking System which enables sworn personnel the ability to access data compiled by multiple police agencies. The Santa Ana Police Department requests to amend the agreement to provide for an additional year of basic software service and maintenance. This Visiphor Booking System is proprietary and owned by KCC Computing (CANADA) and can only be serviced by this company. The recommended action will allow for continuous and uninterrupted service. FISCAL IMPACT Funds are available in the Police Department's Computer Services fund (account no. 01114425- 62300). Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25P -1 25P -2 THIRD AMENDMENT TO SUPPORT AND MAINTENCE AGREEMENT THIS THIRD AMENDMENT TO SUPPORT AND MAINTENANCE AGREEMENT is entered into on August 2, 2010, by and between, KCC Knowledge Computing (Canada) Limited, formerly known as Visiphor Corporation, a corporation having its principal place of business located at 1424 — 4710 Kingsway, Burnaby BC ( "KCC ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement #A- 2006 -169, dated June 15, 2006, (hereinafter "said Agreement ") by which Visiphor provided software designed to enhance the retrieval of law enforcement records for use in jail and intelligence operations. B. Knowledge Computing Corporation acquired the assets of Canadian -based Visiphor Corporation. Under the terms of the agreement, Knowledge Computing Corp. acquired the rights to Visiphor's intellectual property and all of their physical assets and took over client contracts related to law enforcement, including the Santa Ana Police Department contract. To support the acquisition, Knowledge Computing formed a wholly owned subsidiary, KCC Knowledge Computing (Canada) Limited located in Vancouver, British Columbia. C. In accordance with the terms and conditions of said Agreement, the parties wish to extend the Customer Support Agreement by which KCC has supported and maintained the software and applications. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Pursuant to Section 3. 1, CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS, warranty support commenced August 1, 2007 and continued through July 31, 2008. The parties desire to extend the customer support through September 30, 2011, in accordance with the Customer Support Agreement. 2. The City agrees to pay and KCC agrees to accept, as total compensation for KCC's Software and Application Maintenance and Support services, an annual fee of $57,500 for the term from November 1, 2010 through September 30, 2011. In order to provide continuous uninterrupted service, all services provided by KCC since August 1, 2010, shall be included within the Scope of Services of this Agreement. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25P -3 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Support and Maintenance Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: MELISSA CROSSTHWAITE Deputy City Attorney RECOMMENDED FOR APPROVAL: PAUL M. WALTERS Chief of Police CITY OF SANTA ANA DAVID N. REAM City Manager KCC KNOWLEDGE COMPUTING (CANADA) LIMITED (NAME) (Title) Tax ID# 25P -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: November 15, 2010 TITLE: AGREEMENT TO PROVIDE ANNUAL MAINTENANCE AND SUPPORT FOR SIMPLEX/GRINNELL LP. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Simplex/Grinnell LP, for the annual maintenance and support of the Electronic Door Access System in an amount not to exceed $14,024.00, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On July 6, 2009, Council approved the agreement with Simplex/Grinnell LP, to provide annual maintenance and support of the Electronic Door Access System. The Police Department currently uses the card access control system as a part of the controlled entry into the Police Administration Building, Jail facility, and a portion of City Hall. The Santa Ana Police Department wishes to amend said Agreement to provide for an additional year of basic service and maintenance. This system is proprietary and can only be serviced by Simplex/Grinnell LP. The recommended action will allow for continuous service to the Santa Ana Police Department. FISCAL IMPACT Funds are available in the Police Department's Computer Services fund (account no. 01114425- 62300). Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25Q -1 25Q -2 SECOND AMENDMENT TO CONSULTANT AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT, is entered into this 1St day of November, 2010, by and between Simplex /Grinnell LP, a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS: A. City and Consultant entered into Agreement #N- 2008 -160, dated December 1, 2008, for the service and maintenance of electronic door access systems (hereinafter "said Agreement "). B. City and Consultant entered into a First Amendment to Consultant Agreement ( "First Amendment "), dated October 1, 2009, amending the Scope of Services to provide system testing and maintenance services, amending compensation to pay for additional services, and extending the term of the Agreement for an additional one -year period, through September 30, 2010. C. In accordance with the terms and conditions of said Agreement, the Parties desire to amend the scope, amend the compensation, and extend the term of said Agreement for an additional one -year period. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to provide system testing and maintenance services as set forth in Exhibit A to this Second Amendment to Agreement. 2. Section 2, COMPENSATION, shall be amended to provide that total compensation shall not exceed $14,024.00, plus any applicable tax, to pay for the services set forth in Exhibit A to this Second Amendment to Agreement. 3. Section 3, TERM, shall be amended to extend the term of said Agreement for an additional one -year period through October 31, 2011. 4. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. 25Q -3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement the on date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Melissa M. Crosthwaite Deputy City Attorney RECOMMENDED FOR APPROVAL: PAUL M. WALTERS Chef of Police Santa Ana Police Department CITY OF SANTA ANA: DAVID N. REAM City Manager SIMPLEX/GRINNELL LP (Name) (Title) 2 25Q -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: AGREEMENT WITH DIGITAL IMAGING MANAGEMENT SYSTEM (DIMS) FOR MAINTENANCE AND UPGRADE TO POLICE DIGITAL IMAGING MANAGEMENT SYSTEM (July 1, 2010 — JUNE 30, 2011) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager, Chief of Police and the Clerk of the Council to execute an agreement with Linear Systems for the continued maintenance and upgrade of the Digital Imaging Management System (DIMS), which maintains all photographic still, video and audio evidence for the city and police department, in an amount not to exceed $33,325. DISCUSSION The Police Department's Digital Imaging Management System (DIMS) was purchased in 2004 through Urban Area Security Initiative (UASI) funds and allows crime scene images to be captured and stored digitally. It currently houses nearly three hundred -fifty thousand crime scene photographs and countless hours of crime scene video footage. This system is a compulsory investigative tool that assists in the successful documentation of extensive crime scenes. Such a system is of paramount importance to criminal investigations and its maintenance, continued security, and storage redundancy is necessary. The responsible vendor, Linear Systems, has been professional and consistent in its servicing of the system thus far. FISCAL IMPACT Funds are available in the Police Department's Investigations Bureau / Forensic Services Contractual Account #01114455- 62300. APPROVED AS TO UNDS AND ACCOUNTS: Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Police Department Finance & Management Services Agency 25R -1 25R -2 FOURTH AMENDMENT TO DIGITAL IMAGING MANAGEMENT SYSTEM MAINTENANCE AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT is entered into on , 2010, by and between Linear Systems ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into Agreement # A- 2005 -166, dated July 21, 2005, (hereinafter said Agreement ") by which Consultant has provided digital imaging software and maintenance for use by the City's Police Department Forensic Division. B. Said Agreement was amended by agreement A- 2006 - 166 -01, dated March 28, 2007, to include additional equipment and provided extended warranties, support and maintenance. C. Said Agreement was subsequently amended by agreement A- 2006 - 166 -02, dated March 6, 2008, to extend the warranties, maintenance and support and to set forth the parties' agreement as to the annual maintenance period. D. Said Agreement was subsequently amended by agreement A- 2009 -046, dated May 4, 2009, to extend the warranties, maintenance and support and to set forth the parties' agreement as to the annual maintenance period. E. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement to provide equipment upgrades, extend the term of the software support and maintenance provisions and increase compensation to pay for the upgrades and support and maintenance services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Agreement, the parties agree as follows: 1. Section 3.a, COMPENSATION, shall be amended to increase compensation to $33,325.75 to pay for upgrades to and an additional term, July 1, 2010 through June 30, 2011, of on -site warranty, maintenance and support for hardware and software installed and maintained pursuant to said Agreement, as set forth in Exhibit 1, attached hereto and incorporated by reference. 2. Section 4, TERM, shall be amended to extend the warranties, maintenance and support for an additional period from July 1, 2010 through June 30, 2011. In order to provide continuous uninterrupted service, all services provided by Consultant since July 1, 2010, shall be included within the Scope of Services of this Agreement. 25R -3 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney Ryan O. Hodge Deputy City Attorney RECOMMENDED FOR APPROVAL: PAUL M. WALTERS Chief of Police 25R -4 CITY OF SANTA ANA DAVID N. REAM City Manager LINEAR SYSTEMS (NAME) (Title) EXHIBIT 1 Linear Systems will provide on -site warranty & upgrades for a one -year term, from July 1, 2010 through June 30, 2011, as follows: Linear 1 year on -site warranty & upgrades Download Station $2,750.00 Linear 1 year on -site warranty & upgrades ImageServer $8,750.00 Linear 1 year on -site maintenance, upgrades & support for DB Case Management Rack $3,500.00 Linear 1 year on -site maintenance, upgrades & support for Linear PDD Library $8,750.00 Linear 1 year additional warranty Forensic Services Field Personnel Kit $2,985.75 Linear 1 year additional warranty Forensic Services Lab Kit 20D $975.00 Linear 1 year additional warranty Forensic Services Lab Kit XL -2 $215.00 Linear 1 year on -site maintenance & support for Digital Output Devices $5,400.00 Total $33,325.75 25R -5 •l REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: November 15, 2010 TITLE: AGREEMENT FOR EVENT /ENTERTAINMENT MANAGEMENT SERVICES TO OPERATE THE 2011 FIESTAS PATRIAS AND CINCO DE MAYO FESTIVITIES r" CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with MXLive and Romo Enterprises, Inc. to provide event/entertainment management services for the 2011 Fiestas Patrias and Cinco de Mayo festivities. DISCUSSION The downtown 4th Street "Fiestas Patrias" and Cinco de Mayo festivities have been positive community events supported by the downtown businesses and the greater community for the past 22 years. Traditionally, these events have included a downtown fiesta and carnival, a parade, and an "el grito" ceremony. Since 1989, there have been various private and public organizers of this event including the City of Santa Ana, the former Downtown Business Association, the Business Improvement District and other private organizations. In recognizing the significance of the 2010 Bicentennial of Mexican Independence, the City Council passed a resolution in October 2009 directing the City Manager to have staff organize and manage the bicentennial festival with the primary goal of enhancing the scope, quality and success of the festivities. The 2010 Bicentennial festival met the goals of the City Council and resulted in one of the most successful and well attended events to date. As a result of this success, staff recommends that the City officially organize the 2011 Fiestas Patrias events and the Cinco de Mayo festival. Proposed events include the 4th Street festival and carnival, complemented by a film festival, el grito ceremony, and parade. Other activities may include a series of city -wide Mexican Independence cultural events highlighting the historical significance of Mexican Independence. The City's sponsorship and management of this event will ensure maximum civic involvement and minimal adverse impact on public resources. 25S -1 2010 Fiestas Patrias November 15, 2010 Page 2 In years past, various organizations including the City, have organized the Fiestas Patrias, and have contracted with a commercial promoter to operate the event. It is recommended that this same course be followed for 2011. It is also recommended that the planning of the parade and film festival be integrated with the September 4th Street festival to ensure that festival revenues are available to reimburse the City for public safety and traffic management costs generated by the parade. The agreement shall provide that MXLive and Romo Enterprises, Inc. will be responsible for meeting the usual City requirements for special events such as insurance and security, assume all costs for organizing and conducting the event, reimburse the City for all of its costs including but not limited to police and traffic services. In addition, a proposal is currently being prepared for the City Manager's consideration that will allow staff to initiate a bid process in 2011 to negotiate a multi -year contract for management of the Fiestas Patrias and Cinco de Mayo events beginning in 2012. Commercial promoters typically compete for sponsorships in October /November for the following May and September festivities, therefore, it is not possible to initiate a bid process for the 2011 festivities and successfully solicit sponsorships to cover costs for the event. Finally, staff established a community participation system for the 2010 Bicentennial festivities known as the Bicentennial Advisory Committee (BAC) to ensure that all stakeholders including the Mexican Consulate, downtown merchants, property owners and civic groups were actively engaged in the planning and implementation of the activities. With the success of BAC, staff recommends a similar committee be established to offer advice for the 2011 festivities. It is also recommended that the 2010 Bicentennial Ad Hoc City Council Committee be renamed the Fiestas Patrias Ad Hoc Committee and continue to provide leadership and vision for the 2011 events. FISCAL IMPACT There is no fiscal impact associated with this request. 25S -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: EXTENSION OF CONDITIONAL USE PERMIT NOS. 2008 -27 AND 2008 -31 TO ALLOW THE CONSTRUCTION OF A NEW PHARMACY AT 115 NORTH HARBOR BOULEVARD 1'/ aye, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution approving the extension of Conditional Use Permit Nos. 2008 -27 and 2008 -31. DISCUSSION On November 17, 2008, the City Council approved Conditional Use Permit Nos. 2008 -27 and 2008 -31 to allow the construction of a new Rite -Aid Pharmacy at 115 North Harbor Boulevard. The conditional use permits allowed a drive through window operation for the pharmacy and a Type 21 (off -sale beer, wine and distilled spirits) Alcohol Beverage Control license for the pharmacy. Due to a significant shift in the local, state and national economies over the past two years, Rite -Aid recently made the decision to abandon the project. The property owner has since secured an agreement with KZ DevCo, LP, who has been working with CVS Pharmacy in an effort to occupy the site. The project negotiations are nearly completed; however, the entitlements for the site are ready to expire. Pursuant to Section 41 -647 of the Santa Ana Municipal Code (SAMC), conditional use permits (CUP) automatically become void should the property owner fail to institute an action to comply with the provisions of the CUP within two years of its approval. This section of the code also allows the property owner to request an extension of the entitlement up to a period of three years from the date of expiration. Since construction has yet to begin, the applicant would like to maintain the entitlements for the conditional use permits and is requesting an extension (Exhibit 1). Although the applicant is requesting a two year extension, it is the Planning Division's policy to recommend one year extensions, mainly in an effort to encourage the construction of previously approved projects. The applicant retains the ability to request another extension next year in the event construction still has not commenced. Therefore, the Planning Division and Police Department recommend that the entitlements for the pharmacy building and ABC license be extended by a period of one year from the date of approval to November 16, 2011. 55A -1 Extension of CUP Nos. 2008 -27 & 2008 -31 November 15, 2010 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. FISCAL IMPACT There is no fiscal impact associated with this action. Jay WTrevino Executive Director Planning and Building Agency VF:rb AreportsCUP08 -27 & 08- 31.extension.cc Exhibit: 1. Extension Letter 55A -2 KZ DevCo, LP October 25, 2010 Mr. Vincent C. Fregoso, AICP Principal Planner Planning Division City of Santa Ana Planning and Building Agency M20 20 Civic Center Plaza P. O. Box 1988 Santa Ana, CA 92702 Re: CUP 2008 -31 for property located at 115 North Harbor Boulevard Dear Vincent: Fla7 Per our conversation, on behalf of Pieper Properties, GP and KZ DevCo, LP, we would like to formally request a 2 year extension of time for CUP 2008 -27, Drive Thru Window and CUP 2008 -31, ABC Type 21 License for our project as referenced above. Your records will indicate that Reid Pieper is the present owner of the property. As you are well aware, the current Real Estate and development market has been extremely difficult for developers and landowners such as Peiper Properties, GP. We have been actively seeking a tenant for the past two (2) years, but to date have been unsuccessful. Please note, that the existing land use entitlement for the Type 21 ABC license at 228 N. Harbor Blvd. (the current CVS location) will be allowed to lapse and expire when/if this new location is approved. According to an email dated September 1, 2010 from George Alvarez, the PWA will request an irrevocable offer for future widening of lx Street east of Harbor Boulevard in lieu of the street improvements. We formally request this change be included in the CUP extension. Please call if there are any questions or if there is any additional information required for our request We thank you for your help and cooperation regarding our request. Sincerely, KZ DevCo LP Tom Wilhelm Director Development Pieper Properties, GP Reid Pieper Owner RP /dk cc: Mark Zimmerman Tom Wilhelm Exhibit 1 18818 Teller Avenue • Suite 100 • Irvine • Calif�i�61 TEL • 949.476. 2700 • FAX • 949.476.2777 55A -4 ROH — 11/15/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2008 -27 AS CONDITIONED AND CONDITIONAL USE PERMIT NO. 2008 -31 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 115 NORTH HARBOR BOULEVARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 17, 2008, the City Council approved Conditional Use Permit No. 2008 -27, as conditioned, and Conditional Use Permit No. 2008 -31, as conditioned, to allow a drive through window operation for the pharmacy and a Type 21 Alcohol Beverage Control license in order to sell beer, wine, and distilled spirits for off - premise consumption at 115 North Harbor Boulevard. B. The applicant has requested a two year extension for Conditional Use Permit Nos. 2008 -27 and 2008 -31, but it is the Planning Division's policy to recommend one year extensions, mainly in an effort to encourage the construction of previously approved projects. C. The extension request came before the City Council on November 15, 2010. D. According to the applicant, the project has been delayed due to the current economic environment, which led to Rite -Aid deciding to abandon the project. However, the applicant is now working with CVS Pharmacy to occupy the site. E. Pursuant to City of Santa Ana Municipal Code section 41 -647, where construction does not commence, these types of entitlements expire after two years unless the applicant applies for, and the City Council approves, an extension. F. In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061(b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. 55A -5 Resolution No. 2010 -XXX Page 1 of 3 Section 2. Conditional Use Permit No. 2008 -27, as conditioned, and Conditional Use Permit No. 2008 -31, as conditioned, are hereby extended for a period of one (1) year from the date of this Resolution. This decision is based upon the evidence submitted, which includes but is not limited to the Request for Council action dated November 15, 2010, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Ryan O. Hodge Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT day of November, 2010. Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor Resolution No. 2010 -XXX Page 2 of 3 55A -6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2010 -XXX 55A -7 Page 3 of 3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: PUBLIC HEARING - PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP) INSPECTION FEE ADJUSTMENT L X --�fio- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an ordinance to increase the existing $17.50 per unit annual rental inspection fee to $19.50 effective January 1, 2011. DISCUSSION The Proactive Rental Enforcement Program (PREP) was initially approved by the City Council in 1992 in response to a study prepared by community leaders. The study, entitled the "Mayor's Task Force on Neighborhood Standards and Preservation ", proposed establishing a systematic proactive rental inspection program to address poorly maintained rental properties that were negatively impacting the quality of life of tenants and surrounding residents. After an extensive series of negotiations between representatives from the City, the rental housing industry and the real estate association, a program and operational guidelines were agreed upon. The program was to be compliance driven and would sunset in December of 1999. Upon completion of inspections in several designated neighborhoods and one round inspections, the program was renewed in 1999, 2003 and 2007 for four year terms increases in fees. Since inception of the program, there have not been any incre; charged to the licensed rental property owners. of city -wide without any ses in fees When the PREP program was initially approved, the rental housing industry requested a provision be included that would reward rental owners who have displayed exemplary maintenance and management practices, and who have not created service demands from Community Preservation or the Police Department. This provision was labeled the Gold Seal Incentive Program. The primary benefit for rental owners who can successfully complete a three stage qualification process and receive Gold Seal recognition is an exemption from the annual $17.50 per unit fee for a period of four years. 75A -1 Continuation of PREP November 15, 2010 Page 2 The exemptions for rental owners currently participating in the Gold Seal program are scheduled to sunset along with the PREP program on December 31, 2011. The present funding for the Gold Seal program is $110,000, which provides for 6,285 units to receive exemptions from the existing $17.50 per unit annual fee. The PREP program has proven beneficial to Santa Ana by maintaining the City's rental housing at an acceptable standard. The program receives positive reviews from residents for the improved appearance of their neighborhoods and from the rental housing industry for abiding by the approved guidelines and not generating complaints to their respective associations. As both apartment associations will attest, there have been very few complaints regarding PREP since inspections began in 1993. Due to the proactive nature of the program, inspectors address conditions of the rental properties before adjacent impacted neighbors are compelled to file a complaint. Properties that rapidly deteriorate generate most of the complaints received by the PREP inspectors. One notable achievement of the PREP program since inception is the substantial financial reinvestment to upgrade Santa Ana's rental housing. In terms of reinvestment, from the inception of the program through 2009 PREP inspections have been responsible for in excess of $4.3 million dollars being reinvested back into the improvement and maintenance of the City's rental housing stock. With proven success in improving the appearance of rental properties and maintaining continued support of the rental housing industry, the Planning and Building Agency is requesting to increase the existing $17.50 per unit annual rental inspection fee to $19.50 effective January 1, 2011 to continue the successful operation of the PREP program. The Rental Housing Task Force has unanimously endorsed to the proposal to increase the existing annual rental inspection fee to $19.50 contingent upon no changes to program guidelines, policies, or funding, and continuation of the Gold Seal Incentive Program (Exhibit 1). Environmental Impact The PREP program is exempt from CEQA pursuant to Section 15061(b)(3) of CEQA Guidelines in that it can be seen with certainty that an increase in fees to support the existing rental inspection program will have no possible significant effect on the environment. Categorical Exemption No. ER 2010 -08 has been adopted for this program. 75A -2 Continuation of PREP November 15, 2010 Page 3 FISCAL IMPACT Funding for the Proactive Rental Enforcement Program is derived from a $19.50 per unit per year fee for all rental units in Santa Ana. Annual revenue is anticipated to be $498,927 with program costs anticipated to be $675,000 (Exhibit 2). The costs not funded by the PREP fee will be accounted for in the Planning and Building Agency's operating budget. a . Trevino Executive Director Planning & Building Agency FF:rb rb/reports/PREP Fee Increase Nov 2010 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency --i- Exhibit: 1. Rental Housing Task Force Letter 2. Fee Study 75A -3 75A-4 RENTAL HOUSING TASK FORCE PROACTIVE RENTAL ENFORCEMENT PROGRAM October 21, 2010 Mr. Jay Trevino, Executive Director Planning & Building Agency City of Santa Ana 20 Civic Center Plaza, M -20 P.O. Box 1988 Santa Ana, CA 92702 -1922 Subject: PREP Inspection Fee Adjustment Dear Mr. Trevino: This letter is to advise you that the Rental Housing Task Force Members endorse the City's proposal to adjust the annual PREP inspection fee from $17.50 per rental unit to $19.50 per rental unit, effective with the 2011 license renewal billing cycle. I represent the Apartment Association of Orange County and have been a member of the Rental Housing Task Force since the inception of PREP in 1992. I have been please with the City of Santa Ana's commitment to operating the program in complete compliance with the originally approved policies and procedures. The other members and I look forward to this cooperative working relationship continuing. The Rental Housing Task force is requesting the Santa Ana City Council to approve the PREP inspection fee adjustment with the understandings stated above. Sincerely, O Ray Mag , Chairman Rental Housing Task Force c: Miguel Pulido, Mayor Dave Ream, City Manager Exhibit 1 75A -6 Fee Study Proactive Rental Enforcement Program Program Account 11 -510 Projected Expenditures and Revenue EXPEDITURES PREP Inspector Salaries & Wages - Regular $ 386,856.00 PREP Operating Overhead Expenditures $ 288,144.00 Total PREP Operating Expenditures $ 675,000.00 Total Rental Units Licensed For Inspection 31,227 Average Cost Per Unit $ 21.62 REVENUE Total Rental Units Licensed For Inspection 31,227 Gold Seal Exempt Units 5,641 Gold Seal Exemption Funding $ 110,000.00 Total Paid Rental Business Licenses 25,586 Annual Surcharge Per Unit $ 19.50 Total Rental Business License Revenue $ 498,927.00 PROJECTION TOTALS Expenditures $ 675,000.00 Revenue $ 498,927.00 Variance $ (176,073.00) EXHIBIT 2 75A -7 [rlIQOO� ROH 11/15/10 ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 21- 120r.1(a) OF THE SANTA ANA MUNICIPAL CODE TO INCREASE AND EXTEND THE FEE CHARGED TO FINANCE THE CITY'S PROACTIVE RENTAL ENFORCEMENT PROGRAM. THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares as follows: A. The City Council of the City of Santa Ana adopted the Proactive Rental Enforcement Program (PREP), to provide periodic and systematic inspections of all residential rental properties in the City of Santa Ana; and B. The PREP is intended to uncover unsanitary conditions and life safety hazards for occupants of residential rental properties, to ensure that rental properties have operable and safe water, sewage disposal, heating and electric systems, and to encourage owners or managers of residential rental properties to make repairs and conduct preventative building maintenance before deteriorated conditions upon rental property become life safety issues; and C. The 1992, City Council adopted a residential rental surcharge imposed on property owners who choose to enter into the residential property rental business, to pay the enforcement costs of the Proactive Rental Enforcement Program, including inspection and administration costs; and D. The Santa Ana Rental Housing Task Force has endorsed a proposal to immediately increase the Residential Rental Surcharge by $2.00, from $17.50 to $19.50 per unit, to partially offset the costs of enforcement of the PREP; and E. All fees assessed for the PREP bear a direct correlation between the amount of the fee and the actual cost of the services provided, including administration, enforcement and implementation services specifically related to the PREP. Further, the proposed increase will not result in revenue which exceeds the City's estimated reasonable costs to provide the PREP; and Ordinance No. NS- 75A -9 Page 1 of 5 F. A 2010 fee study reported the total projected expenditures for the PREP would amount to an estimated $675,000.00, which includes an estimated $386,856.00 for required staff and an estimated $288,144.00 in operational costs. G. On June 20, 1994, the City Council adopted Resolution No. 94 -026 which approved and adopted the "Gold Seal Incentive Program" whereby particular residential properties or residential apartments may be certified as having met standards of excellence in property maintenance and as certified, would be exempted from payment of the residential rental surcharge fee for a three -year period; and H. The funding for the Gold Seal Incentive Program is $110,000.00, which currently provides for 6,285 units to receive exemptions from the existing $17.50 per unit annual fee. Based on the proposed fee increase to $19.50 per unit, up to 5,641 units can be approved to participate in the Gold Seal Incentive Program. According to the 2010 fee study, records indicate an inventory of 31,227 rental units licensed for inspection. Subtracting out the 5,641 units qualified for the Gold Seal Incentive Program, 25,586 units will be accountable for the $19.50 per unit fee, thus generating annual revenue of $498,927.00. J. Even with an increase of the annual fee from $17.50 to $19.50 per unit, it is anticipated that the deficit for the PREP will be $176,073.00 a year for the remainder of the PREP term based on the estimated $675,000 in expenditures and $498,927.00 in revenues. K. Continuation of the Proactive Rental Enforcement Program is essential to the neighborhoods in Santa Ana to provide assurances that the rental housing will not be allowed to revert to the condition which led to the initial concerns for the implementation of an inspection program in 1992. Section 2. In accordance with the California Environmental Quality Act, the recommended action is categorically exempt from further review per section 15321, Class 21, as the project involves an enforcement action by a regulatory agency for an inspection program. A Categorical Exemption for Environmental Review No. ER -2010- 128 will be filed for this project. Section 3. Section 21- 120r.1 of the Santa Ana Municipal Code is hereby amended to increase the residential rental surcharge and extend the sunset date. Said Section 21- 120r.1 shall read in full as follows: Ordinance No. NS- 75A -1 0 Page 2 of 5 Sec. 21- 120r.1. Residential Rental Surcharge. (a) Except as otherwise provided in subsection (b) of this section, the business license tax for residential property rental and residential apartment rental shall consist of the amount set forth in subsections (2) and (3) of section 21 -120r plus an annual surcharge of seventeen dc!!aFG and fi#Y Gents ($1 nineteen dollars and fifty cents ($19.50) per each property rental unit or each apartment rental unit. The surcharge hereby established shall be due and payable and shall be paid at the same time and in the same manner that the amount due under section 21 -120r is due and payable. No business license shall be issued unless the surcharge is paid. Penalties and interest shall be assessed upon the total amount due and unpaid at the rate specified in this chapter until such time as both the amount due under section 21 -120r and the surcharge due under this section are paid in full. All provisions for the enforcement, collection and recovery of unpaid business license taxes shall likewise apply to the enforcement, collection and recovery of any unpaid surcharge. Notwithstanding any provision of this chapter to the contrary, the amount of the surcharge shall not change except by amendment of this section. This section shall expire on, and be of no further force or effect after December 31, 2011. (b) The city council may, by resolution, establish a program whereby particular residential properties or residential apartments, licensed pursuant to this chapter, may be certified as having met standards of excellence in property maintenance. In such event, the executive director of the planning and building agency shall be responsible for the implementation of that program. Owners of property certified pursuant to that program shall be exempt from the payment of the surcharge specified in subsection (a) of this section for the three (3) tax years next succeeding the time of such certification. The executive director of the planning and building agency shall provide the executive director of the finance and management services agency with listings of licensed properties certified under this program, which shall be periodically updated to reflect changes. The city council may provide for such financial limitations on the exemptions to be granted from the surcharge as the city council deems appropriate. 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 Ordinance No. NS- 75A -11 Page 3 of 5 sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations there under appertaining shall continue in full force and effect. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75A -12 , 2010. Ordinance No. NS- Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS- 75A -13 Page 5 of 5 75A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: PUBLIC HEARING ON ISSUANCE OF TAX EXEMPT BONDS FOR JAKE'S LIFE AND RESOLUTION APPROVING THE ISSUANCE OF BONDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Conduct a Tax Equity and Financial Responsibility Act ( TEFRA) Hearing considering the issuance of tax exempt bond financing by the California Municipal Finance Authority on behalf of Jake's LIFE, a California nonprofit public benefit corporation, for the purpose of the acquisition, rehabilitation, improvement and equipping of certain real property and improvements located at 1525 North Tustin Avenue, Santa Ana, California 92705. 2. Adopt a resolution approving the not to exceed $25,000,000 to equipping of certain real property Santa Ana, California 92705. DISCUSSION issuance of revenue bonds by the Authority in an amount finance the acquisition, rehabilitation, improvement and and improvements located at 1525 North Tustin Avenue, Jake's LIFE has requested the assistance of the California Municipal Finance Authority (Authority). The Authority, which was established in 2004, was formed to assist local governments and non - profit organizations and businesses with the issuance of taxable and tax exempt bonds with the goal to promote economic, cultural, and community development. The City is a member of the Authority. The proceeds of the Bonds will be loaned by the Authority to Jake's LIFE, a California nonprofit public benefit corporation and applied to the acquisition, rehabilitation, improvement and equipping of real property and improvements at their building located at 1525 North Tustin Avenue, Santa Ana, California 92705. The principal tenant of the Project will be the Regional Center of Orange County, Inc., which will use the project for its charitable mission of coordinating services to individuals with developmental disabilities. For all or a portion of the Bonds to qualify as tax - exempt bonds, the City of Santa Ana must conduct a public hearing (the " TEFRA Hearing ") providing members of the community an opportunity to speak in favor of or against the use of tax - exempt bonds for the financing of the Project. Following the close of the TEFRA hearing, an "applicable elected representative" of the governmental unit hosting the Project, in this case the City, must provide its approval of the issuance of the Bonds by the Authority for the financing of the Project. 75B -1 PUBLIC HEARING ON ISSUANCE OF TAX EXEMPT BONDS FOR JAKE'S LIFE November 15, 2010 Page 2 The bonds to be issued by the Authority are the sole responsibility of the borrower. The City has no financial or legal liability for the project or repayment of the bonds and does not constitute any type of indebtedness for the City. FISCAL IMPACT There is no fiscal impact to the City. Francisco Gutierrez Executive Director Finance & Management Services Agency 75B -2 Iss11 /2/10 RESOLUTION NO. 2010 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY REVENUE BONDS (REGIONAL CENTER OF ORANGE COUNTY PROJECT), SERIES 2010 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF FINANCING THE ACQUISITION, REHABILITATION, IMPROVEMENT AND EQUIPPING OF AN OFFICE BUILDING AND CERTAIN OTHER MATTERS RELATING THERETO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Jake's LIFE, a California nonprofit public benefit corporation (the "Borrower "), has requested that the California Municipal Finance Authority (the "Authority ") participate in the issuance of revenue bonds, in one or more series and at one or more times, in an aggregate principal amount not to exceed $25,000,000 (the "Bonds "). The proceeds of the Bonds are to be loaned by the Authority to the Borrower (or any successor thereto or assign thereof), and applied by the Borrower for the purpose of financing the acquisition, rehabilitation, improvement and equipping of certain real property and improvements thereon (consisting of a building located within the City of Santa Ana (the "City ") at 1525 North Tustin Avenue, Santa Ana, California 92705) and to pay certain expenses incurred in connection with the issuance of the Bonds (the "Project "). The principal tenant of the Project will be the Regional Center of Orange County, Inc. ( "RCOC "), which will use the Project primarily in the furtherance of its charitable mission of coordinating services to individuals with developmental disabilities; and B. Pursuant to section 147(f) of the Internal Revenue Code of 1986 (the "Code "), the issuance of the Bonds by the Authority must be approved by the "applicable elected representatives" of the City because the Project is located within the territorial limits of the City; and C. The City Council of the City of Santa Ana (the "Council ") is the elected legislative body of the City and so is the "applicable elected representatives" qualified to hold a public hearing with respect to the issuance of the bonds; and Resolution No. 2010 -XXX 75B -3 Page 1 of 3 D. The Authority has requested that the Council approve the issuance of the Bonds by the Authority to satisfy the public approval requirement of section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement "), among certain local agencies, including, the City; and E. Pursuant to section 147(f) of the Code, the Council has, following notice duly given, held a public hearing at which all interested persons were given an opportunity to be heard on all matters regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority. Section 2. The City Council hereby approves the issuance of the Bonds by the Authority for the purposes of financing the Project and related costs, and expenses of issuing the Bonds. It is the purpose and intent of the Council that this resolution constitute approval of the issuance of the Bonds by the Authority for the purposes of (a) section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located and (b) Section 4 of the Agreement. The Bonds may be issued in one or more series and at one time or at several times pursuant to a plan of financing for the Project. Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to: (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section 5. The City Manager, the Director of Finance and Management Services, the Clerk of the Council and all other proper officers and officials of the City, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to, and comply with the terms and intent of this resolution and the financing transaction approved hereby. Resolution No. 2010 -XXX 75B -4 Page 2 of 3 Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers , 2010. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75B -5 Resolution No. 2010 -XXX Page 3 of 3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2010 TITLE: PUBLIC HEARING ON ISSUANCE OF TAX EXEMPT BONDS FOR THE BENEFIT OF MATER DEI HIGH SCHOOL AND RESOLUTION APPROVING THE ISSUANCE OF BONDS 1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Conduct a Tax Equity and Financial Responsibility Act (TEFRA) Hearing considering the issuance of tax exempt bond financing by the California Municipal Finance Authority on behalf of The Roman Catholic Bishop of Orange, a corporation existing under the laws of the State of California, and described in Section 501(c)(3) of the Internal Revenue Code of 1986, for the benefit of Mater Dei High School to finance and refinance the acquisition, construction and improvement of educational facilities located at their site in Santa Ana, California. 2. Adopt a resolution approving the issuance of revenue bonds by the Authority in an amount not to exceed $25,500,000 to finance and refinance the acquisition, construction and improvement of educational facilities located at their sites in Santa Ana, California. DISCUSSION Mater Dei High School has been a prominent Catholic institution in Santa Ana since 1950. It is recognized nationally as a premier high school with a current enrollment of 2,100 students. To accommodate future growth and to upgrade and expand the existing infrastructure, Mater Dei embarked on a capital campaign. Mater Dei is seeking to refinance their existing debt and to purchase 19 parcels to expand their current campus. Acquisition is to include all or a portion of the land located at the following addresses: 1126, 1127, 1130, 1131, 1134 and 1138 W. Berkeley Street; 1126, 1127, 1130,1131,1134,1135, 1138, 1139 W. Occidental Street; and 1125, 1129, 1133 and 1137 W. Saint Andrew Place; and 1201 W. Edinger Avenue. Mater Dei High School has requested the assistance of the California Municipal Finance Authority (Authority). The Authority, which was established in 2004, was formed to assist local governments and non - profit organizations and businesses with the issuance of taxable and tax 75C -1 Public Hearing on Issuance of Tax Exempt Bonds for the Benefit of Mater Dei High School November 15, 2010 Page 2 exempt bonds with the goal to promote economic, cultural, and community development. The City is a member of the Authority. For all or a portion of the Bonds to qualify as tax - exempt bonds, the City of Santa Ana must conduct a public hearing (the " TEFRA Hearing ") providing the members of the community an opportunity to speak in favor of or against the use of tax - exempt bonds for the financing of the project. Following the close of the TEFRA Hearing, an "applicable elected representative" of the governmental unit hosting the project, in this case the City, must provide its approval of the issuance of the Bonds by the Authority for the financing. The bonds to be issued by the Authority are the sole responsibility of the borrower. The City has no financial or legal liability for the project or repayment of the bonds and does not constitute any type of indebtedness for the City. FISCAL IMPACT There is no fiscal impact to the City. Francisco Gutierrez Executive Director Finance & Management Services Agency 75C -2 Iss11 /2/10 RESOLUTION NO. 2010 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN EDUCATIONAL FACILITIES AND CERTAIN OTHER MATTERS PERTAINING THERETO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act "), certain public agencies (the "Members ") have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement ") in order to form the California Municipal Finance Authority (the "Authority "), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and B. The City of Santa Ana, California (the "City "), is a Member of the Authority; and C. The Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction of capital projects; and D. The Roman Catholic Bishop of Orange, a corporation sole organized and existing under the laws of the State if California and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the "Borrower ") has requested that the Authority issue and sell revenue bonds in the maximum principal amount of $25,500,000 (the "Bonds ") for the purpose of making a loan to the Borrower, for the benefit of Mater Dei High School (the "School') to enable the Borrower to refinance certain of the costs of the acquisition, construction and improvement of certain of the educational facilities of the School located at 1202 W. Edinger Avenue, Santa Ana, California 92707 and owned by the Borrower and the Resolution No. 2010 -XXX 75C -3 Page 1 of 4 acquisition of certain parcels of land adjacent to the School's campus (the "Project "); and E. The Borrower has requested the issuance of the Bonds in order to effect savings in interest rate and /or issuance costs to effect significant public benefits pursuant to the Act; and F. In order for the interest on the Bonds to be tax - exempt, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), requires that the "applicable elected representative" of the governmental unit, the geographic jurisdiction of which contains the site of facilities to be financed with the proceeds of the Bonds, hold a public hearing on the issuance of the Bonds and approve the issuance of the Bonds following such hearing; and G. The City Council of the City of Santa Ana (the "Council ") is the elected legislative body of the City and so is the "applicable elected representative" qualified to hold a public hearing with respect to the issuance of the bonds; and H. The Authority has requested that the Council approve the issuance of the Bonds by the Authority to satisfy the public approval requirement of section 147(f) of the Code, the requirements of Section 6586.5 of the Act, and the requirements of Section 4 of the Agreement; and Pursuant to section 147(f) of the Code, the Council has, following notice duly given, held a public hearing at which all interested persons were given an opportunity to be heard on all matters regarding the financing or refinancing of the Project and the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority. Section 2. The City Council hereby approves the issuance of the Bonds by the Authority and finds the Project will effect significant public benefits, including demonstrable savings in effective interest rate costs. It is the purpose and intent of the Council that this resolution constitutes approval of the issuance of the Bonds (a) by the "applicable elected representative" of the governmental unit having jurisdiction over the area in which the Project is located in accordance with Section 147(f) of the Code; (b) by the City Council in accordance with Section 6586.5 of the Act; and (c) by the City Council in accordance with Section 4 of the Agreement. The Bonds may be issued in one or more series and at one time or at several times pursuant to a plan of financing for the Project. Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. Resolution No. 2010 -XXX 75C -4 Page 2 of 4 Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to: (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section 5. The City Manager, the Director of Finance and Management Services, the Clerk of the Council and all other proper officers and officials of the City, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to, and comply with the terms and intent of this resolution and the financing transaction approved hereby. Section 6. The Clerk of the Council shall forward a certified copy of this Resolution to the Authority in care of its counsel: Harriet M. Welch, Esq. Squire, Sanders & Dempsey, LLP 555 South Flower St., Suite 3100 Los Angeles, CA 90071 -2300 Section7. 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 , 2010. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Laura Sheedy Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2010 -XXX 75C -5 Page 3 of 4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75C -6 Resolution No. 2010 -XXX Page 4 of 4