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Home My WebLink About FULL PACKET_2006-11-20LCP 10/012/06 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE REQUIRING LICENSURE FOR TOBACCO RETAILERS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. More than 440,000 people die in the United States from tobacco-related diseases every year, making it the nation's leading cause of preventable death. B. The California Legislature has recognized the danger of tobacco use and has made reducing youth access to tobacco products a high priority, as evidenced by the fact that: 1. State law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Cal. Pen. Code § 308). 2. State law requires that tobacco retailers check the identification of tobacco purchasers who reasonably appear to be under 18 years of age (Cal. Bus. & Prof. Code § 22956) and provides procedures for using persons under 18 years of age to conduct onsite compliance checks of tobacco retailers (Cal. Bus. & Prof. Code § 22952). 3. State law prohibits the sale of tobacco products and paraphernalia through self-service displays except in adult-only establishments (Cal. Bus. & Prof. Code§ 22962). 4. State law prohibits the manufacture, distribution, or sale of cigarettes in packages of less than 20 and prohibits the manufacture, distribution, or sale of "roll-your-own" tobacco in packages containing less than 0.60 ounces of tobacco (Cal. Pen. Code § 308). C. State law requires all tobacco retailers to be licensed by the Board of Equalization (Cal. Bus. & Prof. Code §§ 22970.1, 22972). Ordinance No. NS-XXX Page 1 of 12 11 A-1 D. State law explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3). E. The City of Santa Ana currently regulates the sale of tobacco products, including a ban on cigarette vending machines. F A study of several states found that youth sales of tobacco moved from a baseline of 70% of retailers selling to minors before the adoption of a tobacco retail ordinance to less than 5% in the year and a half after enactment. G More than fifty cities and counties in California have passed tobacco retailer licensing ordinances in an effort to stop minors from smoking, and 615 communities in the United States require a license to sell tobacco products and provide penalties such as suspension or revocation of the license for illegal conduct (e.g., selling tobacco to minors). H The Council is committed to protecting the health of the City's youth from the risks associated with smoking by reducing youth access to tobacco products in the City of Santa Ana, because: 1. There are 331 State-authorized tobacco retailers in the City of Santa Ana, and 35% of these tobacco retailers are located within 1000 feet of schools. 2. Since 1996, the average sales rate of tobacco to minors in the City of Santa Ana has been 35.7%, which is 13% higher than the statewide average sales rate of 22.7%. 3. Nationally, the City of Santa Ana ranks in the top ten places with a population of 100,000 or more with the lowest median age. 4. Approximately 34.2% of Santa Ana residents are under the age of 18 years old. City has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults. J. It is the intent of the City Council, in enacting this ordinance, to encourage responsible tobacco retailing and to discourage violations of tobacco- related laws, especially those which prohibit or discourage the sale or Ordinance No. NS-XXX Page 2 of 12 11 A-2 distribution of tobacco and nicotine products to minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein. K. The Request for Council Action for this ordinance dated October 16, 2006, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall additionally constitute the necessary findings for this ordinance. L. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. M. Based upon this record the City Council finds that the standards set forth in this ordinance, and each of them, are necessary to protect the public health, safety and welfare of the residents of the City of Santa Ana associated with tobacco retailing. O. In accordance with the California Environmental Quality Act, a categorical exemption has been adopted for this ordinance. Section 2. Article III is added to Chapter 18 of the Santa Ana Municipal Code ("Code") to read in full as follows: Article III. Tobacco Retail License Sec. 18-90. Definitions. The following words and phrases, whenever used in this article, shall have the meanings defined in this section unless the context clearly requires otherwise: (a) "Department" means the Santa Ana Police Department. (b) "Chief" means the Chief of Police or designee. (c) "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity, and includes the definition of "person" found in Section 1-2 of the Code. (d) "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business. Ordinance No. NS-XXX Page 3 of 12 11 A-3 (e) "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. (f) Tobacco product" means: (1) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; or (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence. (g) "Tobacco retailer" means any person or business who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or low cost samples of tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. Sec. 18-91. Tobacco retailer license. (a) It shall be unlawful for any person to act as a tobacco retailer, or to display or advertise the sale of tobacco products or tobacco paraphernalia, without obtaining and maintaining a valid tobacco retailer's license pursuant to this article for each location at which that activity is to occur. (b) It shall be a unlawful for a licensed tobacco retailer, or an agent or employee thereof to violate any local, state, or federal tobacco-related law. (c) Each day on which a prohibited act occurs shall constitute a separate violation. (d) It shall be unlawful fora licensed tobacco retailer or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to sale, display or advertising of tobacco products, tobacco paraphernalia, or tobacco retailing. (e) Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location. Sec. 18-92. Limits on tobacco retail license. (a) No license shall be issued to authorize tobacco retailing at other than a fixed business place. Tobacco retailing by persons on foot or from vehicles is prohibited. Ordinance No. NS-XXX Page 4 of 12 11 A-4 (b) No license shall be issued to authorize tobacco retailing at any location for which a tobacco retailer license suspension is in effect or during a period of ineligibility following a revocation. Sec. 18-93. Application procedure. (a) Application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. (b) It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer's license. (c) No proprietor may rely on the issuance of a license as a determination by the City that the proprietor has complied with all laws applicable to tobacco retailing. (d) A license issued contrary to this article, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 18-101 of this article. (e) Nothing in this article shall be construed to vest in any person obtaining and maintaining a tobacco retailer's license any status or right to act as a tobacco retailer in contravention of any provision of law. (f) All applications shall be submitted on a form supplied by the Chief and shall contain the following information: (1) The name, address, and telephone number of each proprietor of the business that is seeking a license. (2) The business name, address, and telephone number of the single fixed location for which a license is sought. (3) A single name and mailing address authorized by each proprietor to receive all communications and notices (the "authorized address") required by, authorized by, or convenient to the enforcement of this article. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) above. (4) Proof that the location for which a tobacco retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization. Ordinance No. NS-XXX Page 5 of 12 11 A-5 (5) Whether a proprietor has previously been issued a license pursuant to this article that is or was at any time suspended or revoked and, if so, the dates and locations of all such suspensions or revocations. (6) Such other information as the Chief deems reasonably necessary for the administration or enforcement of this article. (7) All information required to be submitted in order to apply for a tobacco retailer's license shall be updated with the Chief whenever the information changes. A tobacco retailer shall provide the Chief with any updates within ten (10) business days of a change. Sec. 18-94. Issuance of tobacco retail license. Upon the receipt of a complete application for a tobacco retailer's license and the license fee required by this article, the Chief shall issue a tobacco retail license unless one or more of the following exists: (a) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this article; or (b) The application seeks authorization for tobacco retailing at a location for which a suspension is in effect pursuant to this article, for which a license has been revoked pursuant to this article, or for which this article otherwise prohibits issuance of tobacco retailer licenses; or (c) The application seeks authorization for tobacco retailing for a proprietor to whom a suspension is in effect pursuant to this article for the subject location or another location, whose license has been revoked pursuant to this article for the subject location or another location, or to whom this article otherwise prohibits a tobacco retailer license to be issued. (d) The city has information that the proprietor or his or her agent or employee has violated any local, state or federal tobacco control law, including this Article, within the preceding twelve (12) months. (e) The application seeks authorization for tobacco retailing that is prohibited pursuant to this article, that is unlawful pursuant to this Code, or that is unlawful pursuant to any other local, state, or federal law. (f) Any denial of an application shall be in writing setting forth the reasons for denial of the permit. Such denial shall be subject to appeal in accordance with Section 18-102. Ordinance No. NS-XXX Page 6 of 12 11 A-6 Sec. 18-95. License renewal and expiration. (a) A tobacco retailer license is invalid unless the appropriate fee has been paid in full and the term of the license has not expired. The term of a tobacco retailer license is one year beginning each fiscal year on April 1 and ending on March 31 of the following year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer's license and submit the license fee no later than thirty (30) days prior to expiration of the term. (b) A tobacco retailer's license that is not timely renewed shall expire at the end of its term. To reinstate a license that has expired, or to renew a license not timely renewed pursuant to subparagraph (a), the proprietor must: (1) Submit the license fee plus a reinstatement fee of ten percent (10%) of the license fee; (2) Submit a signed affidavit affirming that the proprietor: (A) Has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or (B) Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in Section 18-101(a) of this article, before seeking renewal of the license. Sec. 18-96. License nontransferable. (a) A tobacco retailer's license may not be transferred from one person to another or from one location to another. Whenever a tobacco retailing location has a change in proprietors a new tobacco retailer's license is required. (b) Notwithstanding any other provision of this article, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless: (1) the location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and (2) the new proprietor(s) provides the City with clear and convincing evidence that the new proprietor(s) has acquired or is acquiring the location in an arm's length transaction. As used in this section, the term "arm's length transaction" shall mean a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies Ordinance No. NS-XXX Page 7 of 12 11 A-7 or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this article is not an arm's length transaction. Sec. 18-97. Fees for license. The fee to issue or to renew a tobacco retailer's license shall be set by resolution of the City Council from time to time. The fee shall be calculated so as not to exceed that amount which would recover the total cost of both license administration and license enforcement, including, for example, issuing the license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators. All fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. Sec. 18-98. Suspension or revocation of license by Chief of Police. (a) In addition to any other remedy authorized by law, a tobacco retailer's license may be suspended and eventually revoked if the Chief finds pursuant to this article that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this article or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in section 18- 91(d)) above. During any period of license suspension, the retailer must remove all tobacco products from public view. (b) Time Period of Suspension of License. (1) Upon the first time that the Chief makes a finding as set forth in subsection (a) of this section, the tobacco retailer's license shall be suspended for up to sixty (60) days; (2) Upon the second time that the Chief makes a finding as set forth in subsection (a) of this section within sixty (60) months of the first determination, the tobacco retailer's license shall be suspended for one hundred twenty (120) days; (3) Upon the third time that the Chief makes a finding as set forth in subsection (a) of this section within sixty (60) months of the prior determination, the tobacco retailer's license shall be suspended one hundred and eighty (180) days; (4) Upon the fourth and each subsequent time that the Chief makes a finding as set forth in subsection (a) of this section within sixty (60) months of the prior determination, the tobacco retailer's license shall be revoked, and no new license may issue for the location until five (5) years have passed from the date of revocation. Ordinance No. NS-XXX Page 8 of 12 11 A-8 (c) Revocation of license issued in error. A tobacco retailer's license shall be revoked if the Chief finds, after written notice and opportunity to be heard, that one or more of the bases for denial of a license under Section 18-94 existed at the time of application was made or at any time before the license was issued. The decision by the Chief shall be final. The revocation shall be without prejudice to the filing of a new application for license. Sec. 18-99. Notice of intended decision. (a) Upon determining the existence of any of the grounds for suspension or revocation of a license, the Chief shall issue to the license holder a notice of intended decision. (b) The notice of intended decision shall state all the grounds upon which the revocation or suspension is based. (c) The notice of intended decision shall advise the permit holder that the suspension or revocation shall become final unless the licensee files a written request for hearing before the Chief within ten (10) calendar days of the date of service of the notice of intended decision. (d) The notice of intended decision shall specify the effective date of the suspension or revocation. Sec. 18-100. Procedure for hearing before the Chief. (a) The written request for a hearing before the Chief must be received by the Chief within ten (10) calendar days of the date of service of the notice of intended decision. (b) Upon timely receipt of a written request for a hearing, the Chief shall schedule a hearing which shall be held no later than thirty (30) calendar days after receipt of a timely request for hearing. (c) The Chief shall serve a notice of hearing on the licensee at least ten (10) calendar days prior to the scheduled date of the hearing. (d) At the hearing before the Chief, or before a hearing officer at the Chief's option, the licensee shall be given the opportunity to present witnesses and relevant documentary evidence. (e) The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the Chief or hearing officer deems reliable, relevant and not unduly repetitious may be considered. Ordinance No. NS-XXX Page 9 of 12 11 A-9 Sec. 18-101. Decision of the Chief. (a) The Chief or hearing officer shall serve on the licensee a written decision sustaining, reversing or modifying the Chiefs intended decision. (b) The decision by the Chief or hearing officer after hearing shall become final unless the licensee files an appeal within the time period specified in section 18- 102. Sec. 18-102. Chapter 3 Appeal. (a) If a licensee is dissatisfied with the written decision of the Chief, the licensee may file a written appeal to the city. (b) The appeal must be in writing on a form provided by the city and must be received by the clerk of the council within ten (10) calendar days of notification of the Chiefs decision. (c) The appeal, including its hearing, shall be conducted in accordance with Chapter 3 of this Code. Sec. 18-103. Tobacco retailing without alicense-Seizure. (a) Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this article are subject to seizure by the Chief or any peace officer and shall be forfeited after the licensee and any other owner of the tobacco products and tobacco paraphernalia seized is given reasonable notice and an opportunity to demonstrate that the tobacco products and tobacco paraphernalia were not offered for sale or exchange in violation of this article. (b) Forfeited tobacco products and tobacco paraphernalia shall be maintained and destroyed pursuant to the Chiefs policy for seized evidence. Sec. 18-104. Enforcement. (a) The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity. (b) Whenever evidence of a violation of this article is obtained in any part through the participation of a person under the age of eighteen (18) years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this article and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. Ordinance No. NS-XXX Page 10 of 12 11A-10 (c) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this article shall also constitute a violation of this article. (d) Violations of this article are hereby declared to be public nuisances. (e) In addition to other remedies provided by this article or by other law, any violation of this article may be remedied by a civil action brought by the City Attorney. Sec. 18-105. Notice. Whenever a notice is required to be given under this article, it shall be made as provided in this Code, and addressed to such person to be notified at the authorized address provided in the application for a tobacco retail license pursuant to section 18- 93(f)(3) of the Code, or if an authorized address is not supplied, to the business address provided pursuant section 18-93 (f)(2) of the Code. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 16th day of October, 2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lorena C. Penaloza Assistant City Attorney Ordinance No. NS-XXX Page 11 of 12 11A-11 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Patricia E. Healy Clerk of Council City of Santa Ana Ordinance No. NS-XXX Page 12 of 12 11A-12 Wq V Y ~~ r ~J MEMORANDUM City Council Meeting Date: November 20, 2006 David Ream To: City Manag~r,~j Date: November 6, 2006 James G. ss, Executive Director From.: Publi r s Agency Subject: that City Engineer is Reviewing Final Tract Map No. 16916 for Approval Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides r ce that the City Engineer has received Final Tract Map No. 16916 (City Tract Map No. 2005-11), for 2000 East First Street (Exhibit I), from the owner, NMP SA, LLC, and is in the process of reviewing the map for final approval. The Tentative Tract Map No. 2005-11 was approved by the City Council on May 1, 2006. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of November 20, 2006. cc: Mayor and City Council City Manager Assistant City Manager Deputy City Manager of Development Services Clerk of the Council T:\Development Services\Subdivision\Memos\FinalTractMap16916Review Notice_11_20_O6 _ IL.doc 17A-1 ~~ IH r d' 7 m a I~ ~ - - I t I ~ I 1 1 1 t 1 1 Z ~ Ig -~ I W { C~ 1 I I I I I I I 1 1 1 1 1 1 1 1 ~~ Sgti ~ Tq q ~ Hq W 0 W J U z U IZ W n EXHIBIT SANTA ANA city council Title: Agenda Date TRACT NO. 1 s916 2000 E. FIRST STREET p„~,~,~,~,~ Nov.2o,2oos W IZ W Q N.T.S Z N F- I ~' LIMITS - Cf fY OF SANTA ANA fY LIMffS -CITY OF TUSTIN ~~~ 1 £d~c ation lst ,- ~~ ` MEMORANDUM City Council Meeting Date: November 20, 2006 David Ream To: City Man er ~'`'~'' Date: November 6, 2006 t". ~ Jam From: P,atS orks Executive Director Subject: Notific,~tion that Cit iineer is Reviewing Final Tract Map No. 16829 for A Pur~f.~ant to Section 34-183 of the Santa Ana Municipal Code, this memo provides ne{ice that the City Engineer has received Final Tract Map No. 16829 (City Tract Map No. 2005-07), for 2823 West Edinger Avenue (Exhibit I), from the owner, WL Homes, LLC, and is in the process of reviewing the map for final approval. The Tentative Tract Map No. 2005-07 was approved by the City Council on December 5, 2005. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of November 20, 2006. cc: Mayor and City Council City Manager Assistant City Manager Deputy City Manager of Development Services Clerk of the Council T:\Development Services\Subdivision\Memos\FinalTractMap16829Review Notice_11_20_O6 _ IL.doc 17B-1 N.7.5. ~ BORCHARD AVENUE i i I i ~I 0 Y ~ Q 2 O ~ I `f~ tU1N(itK AVtNUt EXHIBIT SANTA ANA PWA ~«~~ City Council Agenda Date NOV.2Q,2~~6 Title: TRACT N0. 16829 2823 W. EDINGER AVE. ~I W~ ~I (n 3~ of J I i Ci w) ~~ ~I ~~ Chi Ii -~---~I - ~ J ~~eetion !a~ 17B-2 MEMORANDUM City Council Meeting Date: November 20.2006 Cathy Standiford To: Assistant C,~fy M~ Director From: qublic ~Q(lorks Date: November 14, 2006 Subject: ~lotif~ation that City Engineer is Reviewing Final Parcel Map No. 2004-266 for Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Parcel Map No. 2004-266 (City Parcel Map No. 2005-06), for 1507-1509 North English Street (Exhibit I), from the owners, Carlos Velazquez and Saul Delgado, and is in the process of reviewing the map for final approval. The Tentative Parcel Map No. 2005-06 was approved by the City Council on April 18, 2005. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of November 20, 2006. cc: Mayor and City Council City Manager Deputy City Manager of Development Services Clerk of the Council T:\Development ServiceslSutMivisionUAemoslFinalParcelMap2004-266Review Notice_11_2U_OB _ IL.doc 17C-1 SEVENTEENTH STREET w w _~ J Z w - r FIFTEENTH STREET EXHIBIT 1 saN7n avn ~1 City Council Title Ire ~,P~^ Vi , ,, ^ Agenda Date: PI~9~~ w~Rx; a~EN~r NOVEMBER 20, 2006 ~' PARCEL MAP 2004-266 1507-1509 N. ENGLISH ST. J w z w z w w J J U JO ~,TION F R !y~/ Sa i' 17C-2 s REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2006 RECOMMENDED ACTION Receive and file. DISCUSSION 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 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 following seven major elements: - Type of investments; - Date of maturity; - Par and dollar amounts invested in each security; - Weighted average maturity of the investments; - Source of the market value information; and - Any funds, investments or programs, including loans, under the management of contracted parties. The Finance and Management Services Executive Director has historically prepared a monthly report of investments. This office will continue to provide this information monthly; however, a quarterly report of investments will be presented at a regular council meeting. 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, 2006. 19C-1 L QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2006 November 20, 2006 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency 19C-2 ~~~o a~,EN ca ~ o c=a c~a ~ ~ ~ O ~ O ~ ~p ~ •O ~ Q. v o a°O n a U F~ } T ~ a ~ D~ E O e O a O 7 (d ~ N O n n M O ~ N 0) r N ~ N C In R ~A V N (V O O .- a0 N e0 I n ~ O N ~ M O r u~ ~ rn o o v l o> v ao o r°~ v O V O N 00 n ~ O n V n O O C O N r M M V O O O r O N O ~ O V O Ql O aO ~ N 00 V ~ O O m ~ aND M O O M ~ ~ ~ M O O N W N M p7 C ~ O ~ O ~ 7 N n 0) ~ 0 N O ~ O C OD O ~ ~ I ti T Irn O n M N W O O 0 N 7 O N O N O ~ 01 T N d . - . - N N ; 0 °~ O N~ n r ~ N ~ 0 O ~ N M l0 M ~ f0 ~ M 1 N O O l~ OMf O ~ n' ~O V (O Y9 ~ c N cc ~~ o M n N N 0 0 N N ~ ° N ° ° 0 ° ~ rn N ~ a o o 0 0 o N N ; o ad o d o S ~ ~ ~ °o ~ o 0 0 0 ~ ~c c o ~n o v~ o ai °- r ~ ~ O N O O q (O N ~ M ~! OD V n n Uf M ~ ~ N f~ ~ ~ N N y C m E y C N W d ~ N . ~ O 'C j C U U U lL Q !n !n c ptp c .N ~ Q ' ~ y d O N U i a ~ ~~ U V N O N ~ C y C N O ~°p' ~ ~ ¢ ¢ ~' N E Q ~ lC f0 '7 N r ~ E ~ ~ ~ d d U ~ U li li H ~ y C O C .lp G v y c~ ~ C m Y S. C y c R L ~ t U d y ~ ~ m O V U c N' A ~ c p ~ ~~-3 a~oo ~ ~ ~..~ N h t E ~ ~> ~ O o d~ O O O ~ E ~ ~ v m ~ d t ~ m a I C U O ~ ~ c ~ a y Q m a > y C N U N _ d y O O y d j V/ - ~ 2 ~~ y N ~ ~ U ~ w a ~~~v >,EL a~ E ~, ~ U ~ y U ~ m w v C f0 f6 ~ T C O O U Q L °~°~ a c m ~ ~ 'co aci _ E O O d = U ~ ~ L+ O) . C Q y ~U ~o c 'a a~ c E m y ~~~ o ~~ T U o vi L ~ ~ fA + . ~ L ~ N ~ 3 ~ U O ~ c ~ ~ m . a y C E m g p Q U C -p O !!~ N fp ~ a ~' ~ c c ~ ~ v ~ o m a rn m ~ c ~ ~ ~ ~ ooi ~ wa ~ M f0 p1 t ~ C . -. ~ y ~ O ~ E r U X C C N fN O) O Q y . ~ C C E r ° O d ~ o N c O ~O c ~ j .y. N M W y C y ~' ~ N U N ~ N ~ ~ 4 N .'T' 7 y Q y N ' _ rn c ~0 ~ ~ m ~ ~ C O .O- } ~ y C R m W O Z ~ O ~ T d c Ot Q m ~ ~ . .. ~ -. ~ C N N ~ } ~ 'C ~ O) C m Of > a >, ~ ' ~ = N a~ V r O l0 y m u~ l6 U Q w ~ ~ - U L C ~ ~ -wa 1 ii to O Q ~ ~ N ~ y ~ M V/ w d ~ ~ O .~' J w a U a c N F •C A N ^ ~ ~o A U '~ ~ M } U ~ M Y C r t ~ 3 U 7 N A aa00 N I < O O N N ~ N N N a O V N I N t~ M M 117 l(1 {fj N N I N IA 1fJ 1fA O 10f1 N N ~ O O O O O O O O O O O O O O O O ~ M V rn rnl rn V V V ~ W a00 V ~ V M M 01 Q1 'C t cN0 cn0 N r O O ~ ~ O .- M 1A 10f7 O h ~ M n r N O M V r M 10 N N O ~ M 1A O O O r ~ M N ~ N ~ to 117 0 0 0 c0 n N ~ ~ r 127 to 127 L(7 O O O O O r l17 1(1 IA O O O O O O O C t00 O 10 N N O Q1 00 m T W OM7 N N 20 01 7 O O O O O O N n t0 0 O N O O O O O O O O O O 0 ~ O O O ~ O O O O 1n 0 1 0 O O O O O O A O O O r M V7 O O O O a °o °o °0 1°n o 1Mn °o 00 °o °o ~ M V ~ M N M M r n m 7 o 0 O O o O N n ~O t0 rn N M n o M t0 O 0 O O O O ~ R M 0 N h ~ 117 o 0 t 0 0 0 o co 0 o r rn ° ° ° ° 0 1p m rn rn 0 m o_ o_ 0 1 n_ _ 0 r M O ~ M N N N 10 N N L ^ LL m N C E m a y U (O 0 m O N N ~ N N a 0 0 A 0 a LL LL J J U U Q Q m m O O ~ ~ ~ n „ o 0 0 a O d 1~0 N M O_ O_ M N U ~ ~ O ~ O1 N N 01 O O Q 0 0 A 0 a v v C C 7 7 LL LL C C E yE C C U U Q Q 0 0 J J N V ~ ~ C } LL C LL LL E g g H d c V C d Q } H O LL LL g g O O O m O1 N N N ~ m u7 iA tD O O N Q 0 0 0 A 0 a O U m a .~ Q ~ U ~ U LL ^ ~ E f- U LL ~ U a W ~ J C O ~ ~ w U C7 7 H O V ci o 0 0 o r r r `w a m a i0 ~` Y 117 O E Z ~ Y C M rn V n o 0 ~~~=4 O) M 0 M u7 n 0 tD 0 M O M r M t0 N N V ~ O i!J n X77 M M N ~ 11) N O O M c0 c0 ~ f0 t0 M n o n rn m o o n o o n o o n n rn O O O O O O O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N ~ n n O 127 n t0 !O ~ h (D c0 O O N O N N O O N O N N M N O N M M c0 I~ M r0 f~ ~ ~ a0 a c0 c0 00 M O O O O O O O O r O O O O O O O O O O O O r O n O 0 01 c0 0 O O 0 to ~ O O n O O 1f7 127 N N t0 11) of f~ M cD O <O 7 0 N M N M O N M 11] 117 127 117 M N N M N N M N M ~f O M B t0 ~ N N n n O OOi N W W ~~ ~ 10 M t0 N i[) O O 1n ~ 01 N N r N 01 N M 117 lf1 1!'1 u7 M N N M r N M N M (+] O O O O O O O O O O O O O O O O ~t tOf1 OV ~ M c00 O O O O ll~ O O N M O N M 117 N 117 1n ~ N V ~ M 'cT V 7 M ~ N O O O O O O O O O O O O O O O . . . . . . 0 O O O O O V O~ O O ~ 00 ~ 00 ~ ~ 0 N O 0 N c0 117 n 0 n 0 N 0 0 0 0 0 117 0 V7 O _ _ _ _ _ _ _ n 0 n M N 0 n O n n O O Q7 O m O O O T O ~ 001 ~ ~ m 001 Q01 ~ m r 1n N M r 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 O O O O O O O O O O O O O O O O O O C C C C G C O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0° 00 oa oo °o o °o °o °0 1°n °o °o °o °o °o r r 1ri N <+i r r r ~ r r r- .- .- ~ r 0 o g o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u7 1n 0 0 0 0 0 0 0 0 O O O O O O N n O 117 0 0 0 0 0 0 0 0 0 0 0 o m o o n o 0 0 1n o 0 0 o rn o 0 0 o cc o ao 0 0 o r~ o 0 0 0 0 0 0 o ai rn o cc o c N 01 0 0 O 0 0 0 O O 0 0 O Q1 0 0 O 0 O O O O O O O O V 0 O 0 O O r 1n N M r r r r r r r r r M c0 c0 c0 <O M M M M M M M M M O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N ` N N N N N ~ O n O 1\(7 h (O (O 0 n t0 t0 O O 1A O N N O O r r N O N N M N O N ~a~n0101~~1~~~~~~a o r o 0 0 0 0 0 0 0 0 0 0 o r o Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y C C C C C C C C C C C C C C C C m m m m m m m m m m m m m m m m V ;Q C C C C C C C C C C m 0) 0) 0) 0) 01 O O O O O O O O O O U U U U U U J J J J J J J J J J 01 01 0) N O7 01 07 01 01 ~ E E E E€ E E E E E E E E E E E t0 tp l0 N N Ip O O O O O O O O O O LL LL LL LL LL LL 2 2 2 2 2 2 2 2 2 2 m m m R m m m m m m m m m m m m a1 a1 m m a`1 a`1 a1 a1 `m a`1 d d d d a1 a1 d d d d d d N ~ N 00 001 007 N N N 007 LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL VI d .' a~i N o rn rn o rn o rn ~ 1n r~~ w° o O~ 0 Q) N n 0 O r N n O C 0 c0 n n O O O N ~ O O O O O O O O O O O O O O O O a r r r r r r r r r r r r r r r r 0 U U C d Q ono O N ^ 0 0 1t7 O O 0 n O N N c0 N n ~ d O n O F 01 U W (~ U m Z u7 -1 d N M M U m fn XN Y Z 'a LLLL ^ d d ~ ~ J 1 ~ 0}1 0}1 ~ O}i 01 OXi OXi ~( X X ~ c+7 M M M M M M M M M M M M M M M ~ M M M M M M M M M M M M M M M M LL M M M M M M M M M M M M M M M M V (V 1(l ~ v `m ~ ] O d a p E ~ Q. ~ LLI a_ LL N ~~ O M O ~ M Q) M 1A W M 10 t0 u'7 ~ 7 cD n O O O ~ ~ m 7 N 0 O M N N n m O O N O 07 d O c0 O O N M O V M N a V N Ln 10 O ~ N M N~ ~ M N M O O O n M M 7 u7 < N 7 QI r r Q !4 ~ a co ao n w o o rn rn rn n n n n n n n n n rn o rn o n m o co n n o 7D ~' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '7 ~ 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ~a~m1~ m a Meonrna ~~~~~, conOa ~ ~p ~ N N O N N N N N ~ ~ N N O N ~ N N N N ~ N N N O O ~ ` a a t0 O ~ a u7 O a 01 f~ O a a'0 a 01 O M a 0 a r O ~ O ~ O ~ ~ ~ ~- O .- ~ ~ O O 0 0 0 O O O ~ ~ O ~ ~ ~ O 117 O O O (O O 0) M u7 O 1LY O O N O O O O O O O O O O M O O N O n ~ O N O O W N 1n O N O O ! 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N N N V 01 M ~ N F- N M N M N N M M M M M~ 7 V 'V M O V7 1f1 N 1C1 O O V' M N~ M M V } C m O O O O O O O O O O V7 O O O O M O O 117 O O O O O O O O O O ~ u7 O O O 1n N 0 0 a M l17 O O O n O O N O O O l17 ~ O O N O O ' O H O c0 O I~ O u7 O n 0 1n IA 0 0 C7 c0 1n c0 ~ 177 N N M O O (C ~ O Q O N o7 M M M M a M M M V~ 7 N 117 10 1fj 1f7 O to N N V7 ~ 7 N~ M~ U d o 0 0 0 0 0 0 0 0 0 0 o u7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u7 ~ 0 0 1n o 0 0 0 0 0 0 0 o v, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1ri of o 0 0 0 0 0 o vi c c o 0 0 0 0 0 0 0 0 0 0 0 0 0 o s7i O n fO 117 O O O O N 1A O to O O 0 0 1f7 ~ O 0 0 0 N M M~~ n n h tL7 t0 O N O n O O O~ ~ O ~ ~ M N O O N ~~ N M W O M M c0 t0 n ~ ~ O n 0 0 0 N O M O O n M O u7 f+i 1t7 1 O O O O O O T Q) O) W O O t0 O ~ 1 1ri OI M W O 01 n O m W Q 4 Q7 O 01 7 O O 01 Q1 r Q1 T tT O O O O O O O m O O) O 01 m m m O ' ~ ~ a r ~ N N ~ ~ ~ ~ 1l7 tl) N ~ r N ~ n d O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 7 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O G O G O O O O O O O O O O O C C C O O O O O O O G C C C O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O A G G O O O O 0 0 0 O O O N C 0 0 0 O O O O O O O G O O O O N a o o u7 0 0 0 0 0 0 o M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rn i N o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 7n rn o 0 1n 0 0 0 0 o o W+ .- .- ~ N ~ ~ ~ ~ N M .- •- ~- .- ~ ~ 1Ij N M ~ N ~ N c+i N ~ a p j 7 m o 0 0 0 0 0 0 0 0 0 0 o rn o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7n C A N ~ 0 0 0 0 0 0 0 0 1n 1n o o ~ o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 7 O O O O O O C O O O O O C O C G C C V R ~ 1f N O O O N N n N O O N O O O O O O O O O O O O O M O O O O O M O O O 0 O O ~ { Y t 1 !) a0 t 0 0, . - O C 1n ~ M ° O O O O O N O O n W O O~ O O O 0 0 O O O O O O Q1 0 0 0 0 1n rn o rn o o rn rn M o 0 0 0 0 0 0 0 0 0 0 o rn rn o o ro N o rn rn o v o o rn rn ~ o rn o 0 0 0 0 0 0~ o 0 0 o rn rn o 0 o 1n m C ~ N N ('~ to V7 M N N N •- t~ a ~ ~ J N ~ y c. a c t ~~ o 0 0 0 0 o a~ g~ 8 0 0 o a o 0 0 0 o S o o S o 0 0 0 o A L ~ -a E N N N N N N N N N N N N N N N N N N N N N N N N N N N N N o n o rn a c~ n o ao ~ n rn a M co o rn 7c o rn w ~ 7 _ N N O N N N O N O ~ ~ N N O N ~ N N N N ~ N N N N N Q a \ \ ~ In 127 n O a 12') O O a M t0 I~ W a0 W O E OJ a M a M ~~ ~ ^ ~ O 0 0 O ~ .- O .- ~ .- O O O O O O 0 0 O O O ~ O C V. 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F N ~ ~ ~ O U N L ~ ?H > +~ °o 3 ~ ~ ~~ m y L ~ R N ~ ~ C ~ } 9C-'12 N av N v rn w N I OI Ol Q c m C m E d C a~ N O a W 0 IA O N Q Z a Z a d 7 H N C R Q O U N L C w N 3 Z m d H L H N n r V ~ c v V ~ ~ ~ ~ m ~ ~ ~ ~ b I ~ b ~ ~ N d N q o Q R O ~I M C LL E L N f6 U r N N H 0 O +~. C ~ 7 O Y R O d ~ C N O ~ ~ H C 7 W C N C d Q v O J Q N LLH ~ , ~ n r O ~ O T LLI a 0 O u~ o ~ d ~yy V T r R a c~ ~~ ~G A M O C7 C ad. ~ ~ 7 U d m Y 10 d 3 R R a ~" d d ~ 3 O ~ J ~ N j _ ~ M p (~ V m W C ~ N w w fl. W ~ ~ ~ C N N ~ ~ y ~ (/~ U ~ V a' d N u c N 1 C a y U l0 fl. G O V y L H L w N ,r Z m ci w y 7 ~I ~ ~ ~I ~ r 0) O) W W O) GD a a < V V V fN0 tND ~ M ~ O O l ~ n n V ~ < V t} ~ M O N M V 'R ~ ~ ~ ~ rn m i a o r~ r ti N r~ N r : O v (O 1O ID a ` ° v N v N N ~ M ~ 1'7 n l'7 In Ill H ~ ~ h ~ ~ O f O O I~ ~ h N r~ N n O v fD 10 1O N (D <O i0 c N v N v N ~ (h n M ~ M In Y9 IA n rn m rn w w r ~_ a ~ r r N f0 1O 1O N N N M M M In H IA O 0 A O { 0 A A ~ Q O Q Q O Q ~ O m ~ a o d o m ~ E a E H y C C 7 O O Ll. F H C E N C ~ T C ~ d a a ~ ~ ~p U ~ U O m N J ~ LL ~ J v ~ M C ~ L ~ O L O a O C o ! L o N ~ a ~ °' ~ G> 7 ~ y ~ H 3 V lC y ' ~ _ _ ~, a a ~ C N ai ~ ~ ~ ~ R Q ° U ui ~ o ~ w !~ O l0 ~ ~ M 41 ~ ~ 3 v J ~ ~ y N ~ = } ~ 1 9 ~ -1 3 f~ a U H H L i.+ it H Z m ~i .~. N L H ~ M (O /O V V ~ tnO N O V ~ M (O V rn m ui vi ~ r m T In 1fA ~ r rn m n N ~ o Q ~ y o ~ R 0 N 7 a z N d m lL N O L pOp 7 O u m ~ o d o C °O O ~ ~~ M a h O w vi N ONE 1n m r d O! Q v c c d E N C 10 O F Q N N ~ ~ ~ fi r E a O a d ~ O LL a O 19C-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: APPROPRIATION ADJUSTMENT RECOGNIZING CENTENNIAL PARK FUND BALANCE 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 CI MANAGER RECOMMENDED ACTION Approve an appropriation adjustment recognizing prior year revenue in the amount of $135,898 in the Centennial Park Maintenance revenue account (account no. 77-01-5010) and appropriate same to the Park Building Services expenditure account (account no. 11-260-various). DISCUSSION On January 14, 1976 the City of Santa Ana and the County of Orange entered into an agreement for the development, maintenance and operation of Centennial Regional Park. The terms of the agreement mandated that the City and the County share 50 percent of the revenues and 50 percent of the operations and maintenance of the park site. Although this arrangement benefited the City and County for 30 years, the agreement with the City and County terminated last fiscal year. The City now assumes sole responsibility of ownership, operations and maintenance of Centennial Park. The recommended action will transfer the Centennial Park fund balance from the Centennial Park Maintenance fund to the General Fund Park Building Services activity to pay for the sidewalk installation at the Centennial Park Mohawk entrance, and other park projects. FISCAL IMPACT This appropriation adjustment will recognize prior year revenue in the amount of $135,898 in the Centennial Park Maintenance revenue account (account no. 77-01-5010) and appropriate same to the Park Building Services expenditure account (account no. 11-260-various). ~~ ~~ -~.V-- , Gerardo Mouet Executive Direc Parks, Rec. and br Com. Svcs. Agency APPROVED AS TO FUNDS AND ACCOUNT: C-~ ~~- rancisco Gutierrez ~~ Executive Director Finance and Mgmt. Services Agency~~ 20A-1 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FY 2006/07 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND GRANT :, ~ r~ CITY ANAGER 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 Approve an appropriation adjustment recognizing the FY 2006/07 Supplemental Law Enforcement Services Fund (SLESF) grant funds in the amount of $684,861 into the revenue account (account no. 128-O1-5372) and appropriate same into the SLESF grant expenditure accounts (account nos. 128-351-various). DISCUSSION The State of California provides grant funding to state law enforcement agencies through the Supplemental Law Enforcement Services Fund (SLESF). This grant requires that funding be allocated to counties and cities in accordance with specific requirements for front-line law enforcement services. Front-line law enforcement typically includes community oriented policing projects and special law enforcement activities that require use of additional police officers in specially targeted saturation areas. Total funding allocation is ~ for respective counties and population figures for 2006, 2006/07 SLESF grant award of Police Department has received this grant program. ased on annual estimated population figures cities. Based on Santa Ana's estimated the Police Department has received a FY $684,861. This is the eleventh year the funding from the State of California through On August 21, Council approved the proposed expenditure plan for the FY 2006/07 SLESF grant. The Police Department proposes to utilize this funding to purchase equipment and supplies for front-line crime reduction efforts. The remaining funds will be used for such things as gang suppression, cruiser enforcement, and career criminal apprehension. 20B-1 SLESF FY 2006/07 Grant November 20, 2006 Page 2 FISCAL IMPACT Approval of the appropriation adjustment will increase revenues in the SLESF FY 2006/07 Year-11 Grant Revenue account (account no. 128-O1-5372) by $684,861, and appropriate the same into the SLESF FY 2006/07 Year-11 Grant expenditure accounts (account no. 128-351-various). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Francisco Gutierrez a Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency/ 20B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING COPS 2006 TECHNOLOGY PROGRAM GRANT AWARD FUNDS C MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the City Manager and the Chief of Police to execute a grant award agreement with the United States Department of Justice, Office of Community Oriented Policing Services (COPS) for $98,723. 2. Approve an Appropriation Adjustment accepting and appropriating the COPS 2006 Technology program grant funds in the amount of $98,723. DISCUSSION The United States Department of Justice, Office of Community Oriented Policing Services has awarded the Police Department the 2006 Technology Program Grant. The grant will assist the Police Department Forensic Firearms Unit, which is rated one of the best in the nation with its IBIS hit rating. The grant funds will be used to upgrade to the current comparison microscope, as well as purchase a secondary comparison microscope, desks for firearms evidence analysis, a remote firing device, and ballistic rifle and pistol transport cases. The funding will also provide a live-feed connection with a second examiner to assist with the comparison verification process, without having to physically drive the evidence to the assisting agency and back. These technological upgrades and purchases will increase the productivity of the Unit, thus providing investigators, district attorney's, assistant U.S. attorneys and the courts with crucial forensic facts much more rapidly. This has positive ramifications on the community and will directly aid in the expedited prosecution of violent firearms related crimes. 20C-1 COPS 2006 Technology Grant November 20, 2006 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the Police Department's COPS 2006 Technology Revenue Account (account no. 127-O1-5359-5) by an amount of $98,723 and the expenditure appropriation for Police Department's COPS 2006 Technology Expenditure Account (account no. 127-358-various). APPROVED AS TO FUNDS AND ACCOUNTS: ' %, Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency/ C 20C-2 LSS 11/14!06 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A GRANT AWARD AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The Santa Ana Police Department has been awarded a COPS 2006 Technology grant in the amount of $98,723.00 to fund specific technology expansions to assist the Santa Ana Police Department's Forensic Firearms Unit. B. The new grant funding will be used to upgrade comparison microscopes and firearms evidence analysis equipment, and provide alive-feed connection with a second examiner to assist with the comparison verification process. These technological upgrades will increase the productivity of the Unit, provide investigators, prosecutors and the courts with crucial forensic evidence more rapidly, and aid in the expedited prosecution of violent firearms related crimes. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs The Chief of Police or his designee to execute the grant award agreement with the United States Department of Justice, Office of Community Oriented Policing Services (COPS). Section 3. The City Council of the City of Santa Ana hereby appoints the Chief of Police, or his designee, as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments and payment requests which may be necessary for the acceptance and maintenance of the aforementioned grant. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 20C-3 ADOPTED this day of 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2006- Page 2 of 2 Clerk of the Council City of Santa Ana 20C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: APPROPRIATION ADJUSTMENT HABITAT CONSERVATION FUND GRANT AWARD CLERK OF COUNCIL USE ONLY: APPROVED FOR ^ As Recommended PROGRAM ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CIT ANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing $100,000 in State of California Habitat Conservation Fund Program grant funds in revenue account (account no. 169-01-5378-1) and appropriate same to the Habitat Conservation Fund Program expenditure account (account no. 169-268-6631), and recognize and appropriate $102,500 in matching Park Acquisition and Development funds. DISCUSSION The City of Santa Ana Parks, Recreation and Community Services Agency was successful in receiving a $100,000 Habitat Conservation Fund Program grant from the State of California Department of Parks and Recreation for the enhancement of the Santiago Trailhead entrance into the Santiago Park Nature Reserve. The project includes the installation of retaining walls, landscaping, security lighting, an information kiosk, and repaving of the parking lot. FISCAL IMPACT The appropriation adjustment will enhance the State of California Habitat Conservation Fund Program revenue account (account no. 169-01-5378-1) and expenditure account (account no. 169-268-6631) by $100,000, and recognize and appropriate $102,500 in matching Park Acquisition and Development funds. 1~ u,~- lrL,~ ~ Gerardo Mouet " Executive Direc r, Parks, Recreati n, and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: ~~,Francisco Gutierrez _ `-executive Director, Finance and Mgt. Services Agency 20D-1 20D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: APPROPRIATION ADJUSTMENT - AGREEMENT WITH O'REILLY & ASSOCIATES FOR A RAPID RESPONSE RETENTION STUDY ~ .. L CIT ANAGER 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 1. Approve an Appropriation Adjustment recognizing additional revenues of $172,088 in Workforce Investment Act Rapid Response funds from the State of California for Rapid Response activities. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with O'Reilly & Associates in an amount not to exceed $50,000 to complete the second phase of the Rapid Response Retention Study for the Santa Ana WORK Center. DISCUSSION The State of California has recently announced the funding for the Rapid Response program for Fiscal Year 2006-07. The total amount to be awarded is $272,088. A planning figure of $100,000 was approved by the City Council in the City's 2006-07 budget for Rapid Response. This appropriation adjustment will increase the budget for Rapid Response to the actual approved amount of $272,088. On November 7, 2005, the Santa Ana WORK Center issued a Request for Proposals to procure a rapid response retention study funded by the Rapid Response Grant program. The role of Rapid Response is to assist workers to quickly return to productive positions in the workforce and assist employers to explore alternatives to staffing reductions through human resource solutions. On June 30, 2006, O'Reilly & Associates completed the development of an early warning system to identify companies who would benefit the most from the program. O'Reilly & Associates will assist the WORK Center in implementing strategies identified during the first phase of the study including 20E-1 AA - Agreement with O'Reilly & Associates for a Rapid Response Retention Study November 20, 2006 Page 2 facilitating meetings and technical assistance to support the building of an agency resource team. The resource team will include both economic and workforce development specialists. This team will jointly outreach to businesses and implement the early warning system. FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the Workforce Investment Rapid Response account (account no. 123-176- various). APPROVED AS TO FUNDS AND ACCOUNTS: / ."` Step en G. Harding ~~r~.Francisco Gutierrez Deputy City Manager for Executive Director Development Services Finance & Management Services Agency Community Development Agency ~-~ SGH/Cd1R/LM/mlr H:\ACTIONS\2006 CC\AgreeO'Reilly&AssoforRapidResponseStudy 11-20-06.doc 20E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: CONTRACT RENEWAL FOR TYPEWRITER AND FACSIMILE MACHINE MAINTENANCE (SPEC. NO. 03-081) ,/-? V~ , ~ ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Pacific Typewriter & Communications, Inc. for maintenance service on typewriters and facsimile machines, including supplies, for a one-year period in the annual amount not to exceed $25,000. DISCUSSION The City of Santa Ana utilizes typewriters and facsimile machines throughout the organization to facilitate daily operations. A contract agreement providing on-call and preventative maintenance is essential for maximum efficiency. On November 3, 2003, the City Council awarded a contract to Pacific Typewriter & Communications, Inc., for a two-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 without an increase in pricing. Staff recommends the second renewal of the contract. FISCAL IMPACT Funds are available in the various departmental Other Contractual Services accounts (object code 6291). ~~~= Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/03-081R2.2:uc 22A-1 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: CONTRACTS RENEWAL FOR EQUIPMENT RENTAL AND CONCRETE (SPEC. NO. 04-127) ~.vt CITY MANAGER RECOMMENDED ACTION Renew the a one-year with. CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER contracts for equipment rental and concrete in small batches for period in a total annual aggregate amount not to exceed $70,000 Vendor: Rental Service Corporation Sunstate Equipment Co. LLC United Rentals North West Inc. DISCUSSION Location: Santa Ana Anaheim Santa Ana City agencies rent equipment and purchase small batch concrete for special projects as well as for a wide variety of routine duties. It is cost- effective for the departments to rent equipment for a one-day project in lieu of purchasing the equipment. Rentals include, but are not limited to: manlifts, generators, chain saws, skid steer loaders, sod cutters, stake bed trucks with lift gates, carpet cleaners, plumbing power snakes, electric rotary hammers, concrete trailers with double axles and electric scissors. Concrete is purchased as batch plant mix in quantities of one- half yard to two yards. The small batches of concrete allow quick and easy use for repair projects where ordering a truck load is cost prohibitive. On November 15, 2004, the City Council awarded contracts for a one-year period with provision for two, one-year renewals. Rental Service Corporation and United Rentals North West, Inc., Santa Ana vendors, and Sunstate Equipment Co. LLC have agreed to the second renewal option to the contracts. The vendors did not request a price increase last year, however due to increased costs in fuel, transportation and raw materials, this year the vendors are requesting an average price increase of 11 to 22 percent. This increase is consistent with the market and staff recommends the final renewal of the contracts. 22B-1 Contracts Renewal for Equipment Rental and Concrete November 6, 2006 Page 2 FISCAL IMPACT Funds .are available in the various departmental Operating Material & Supplies accounts (object code 6391). Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/04-127RF.2:uc 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 20, 2006 TITLE: CONTRACT RENEWAL FOR MISCELLANEOUS CONSTRUCTION MATERIALS (SPEC. NO. 05-072) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ _~ ~F ".-'C` CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Renew the contract with The Home Depot for the purchase of miscellaneous construction materials for a one-year period in an annual amount not to exceed $95,000. DISCUSSION The City establishes an annual blanket order list consisting of vendors that provide supplies and services that are required by agencies on a consistent basis. Home Depot provides construction materials such as lumber, electrical and plumbing supplies, hardware, and fixtures that are used extensively in the maintenance of City facilities by all City agencies. On July 18, 2005, the City Council awarded contracts to The Home Depot, a Santa Ana vendor, and Ganahl Lumber Company for a one-year period, with provision for four, one-year renewals. The Home Depot has performed satisfactorily during the past contract period, and staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in the various departmental Maintenance & Repair of Buildings & Grounds accounts (object code 6261). Francisco Gutierrez Executive Director Finance and Management Services Agency FG/WO/05-072R1.2:uc 22C-1 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: CONTRACTS RENEWAL FOR REPROGRAPHICS SERVICES (SPEC. NO. 05-091) ~? l L~rt-c./ La: CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew-the contracts for reprographics services for a one-year period in a total annual aggregate amount not to exceed $85,000 with: Vendor: Location: American Reprographics Co Costa Mesa d/b/a Consolidated Reprographics Bodourian Inc. d/b/a Color Copy Center Santa Ana FedEx Kinko's Office and Print Dallas, TX Services, Inc. OCB Reprographics Irvine SABP Reprographics Irvine DISCUSSION Various agencies utilize reprographics services to perform routine business. Public Works, Planning and Building, Parks, Recreation and Community Services, and Community Development Agencies process numerous citywide projects that require reproduction of engineering drawings sized up to 36" X 48". Architectural plans are microfilmed onto 35mm film and pictures and plans mounted on foam core. The Library, Personnel Services and Police Department utilize reprographic services for training presentations and brochures with color photos and spiral bookbinding. In addition, personnel records are scanned onto CD's for archiving. The specialized services are not available in-house because of the size of some original documents, the process of record archiving or specialized print processes required. 22D-1 Contracts Renewal for Reprographics Services November 6, 2006 Page 2 On October 3, 2005, the City Council awarded contracts for a one-year period with provision for two, one-year renewals. All of the vendors have performed satisfactorily during the past contract period and have agreed to renew contracts without increases in pricing. Staff recommends the first renewal of the contracts. FISCAL IMPACT Funds are available in the various departmental Other Contractual Services accounts (object code 6291). The amounts of the contracts are estimated, as the actual expenditures will depend upon the requirements throughout the annual period. ~_ Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/05-091R1.2:uc 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: CONTRACT AMENDMENT FOR REROOFING FIRE STATION 9 (SPEC. NO. 06-065) f 2 / ~" CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Amend the contract with Foam Experts Roofing, Inc. to increase the aggregate limit by $20,000 for the reroofing of Fire Station 9 for an amount not to exceed $91,500. DISCUSSION The roof of Fire Station 9 has been evaluated and is recommended for replacement. The existing roof is approximately 16 years old and no longer cost-effective to repair and maintain. The foam roofing system proposed is comprised of a seamless layer of rigid polyurethane foam covered with two coats of protective silicone rubber. The completed system provides a durable and effective insulation with superior protection against all weather conditions. The replacement roof will include a 25-year warranty and, if properly maintained, provide a longer life. On June 19, 2006, Council awarded a contract to Foam Experts Roofing, Inc. for the reroofing of the Southwest Senior Center. Because Foams Experts Roofing, Inc. provided the lowest responsive bid and completed the work to staff's satisfaction, staff believes an additional solicitation for bids would be an idle act and recommends approval. To allow for unanticipated requirements, an additional contingency amount has been included in the award amount. FISCAL IMPACT Funds are available n the Fire Maintenance, Other Contractual Services account (accot~xft~ no. ~1-327-6291) . APPROVED AS TO FUNDS AND ACCOUNTS: PhilY~ip ~MvGarc Fire ~h'ef PMG/WQ/p6-065A.3:uc ~{ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22E-1 22E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: CONTRACT AWARD FOR POOL HEATER REPLACEMENT AT SALGADO PARK POOL (SPEC. NO. 06-150) .--~~~-, 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 Horizon Mechanical for the purchase of a swimming pool heater in the amount of $20,766. DISCUSSION The City operates 5 swimming pools throughout the City and offers various programs to children and adults. A senior aquatics program, consisting of therapeutic exercise classes, is held at the Salgado pool. The pool heater is no longer functioning properly, and as a result, is in need of replacement. The senior aquatics program will temporarily be relocated to the Memorial Park pool. Once the pool heater is replaced, the senior aquatics program will resume at the Salgado Park pool. The notice inviting bids was advertised on September 25 and 27, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 22 Invitations For Bid mailed 5 Invitations For Bid mailed to Santa Ana vendors 3 Bids received 1 Bid received from a Santa Ana vendor Bids were received, opened on October 11, 2006, and evaluated (Exhibit 1). The bid received from Horizon Mechanical is responsive to the specification and meets the City's requirements. 22F-1 Contract Award for November 6, 2006 Page 2 Pool Heater Replacement Funds are available in the Recreation and Community Services Facilities Maintenance Other Contractual Services account (account no. 11-260-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~~ Gerardo Mouet Executive Di ector Parks, Rec. & Comm. Svcs. Agency GM/WO/06-150.8:uc ~R~~~~ 1 ~ u~ 1 Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22F-2 ABSTRACT OF BIDS CONTRACT AWARD FOR POOL HEATER REPLACEMENT AT SALGADO PARK POOL (SPEC. NO. 06-150) Vendor Horizon Orange Coast Sea-Clear Mechanical Plumbing, Inc. Pools, Inc. Location: Arcadia Santa Ana Torrance Discount: None 1% Local Pref. None Pool Heater and Parts Required for Installation: $13,425.00 $11,625.00 $13,875.00 Installation(no tax) $ 6,300.00 $ 8,977.46 $ 9,500.00 Sales Tax @7.75% $ 1,040.44 $ 900.24 $ 1,075.31 Total Cost: $20,765.44 $21,287.67* $24,450.31 * = Includes a 1% Local Vendor Preference EXHIBIT 1 22F-3 22F-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: CONTRACT AWARD FOR MISCELLANEOUS PLUMBING SUPPLIES (SPEC. NO. 06-152) ~` ) CITY MANAGER RECOMMENDED ACTION Award contracts with provision follows: Bidder: 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 for miscellaneous plumbing supplies for a one-year period, for four, one-year renewals in the annual amounts as Irvine Pipe & Supply, Inc. Smardan Supply Co. DISCUSSION Location: Amount: Santa Ana $45,000 Fountain Valley $45,000 Plumbing supplies such as pipes, valves, bushings and tools are used extensively in the maintenance of City facilities. Various departments require a wide range of materials for repair or improvement projects. To help ensure that all necessary materials are available when required, staff recommends awarding a contract to two vendors. The notice inviting bids was adve~ were solicited. A summary of the follows: 17 Invitations For Bid 6 Invitations For Bid 2 Bids received 1 Bid received from a ~tised on October 2 and 4, 2006 and bids bid invitations and bids received is as mailed mailed to Santa Ana vendors Santa Ana vendor Bids were received, opened on October 11, 2006 and evaluated by price, range of commodities, and vendor location. The bids received from Irvine Pipe & Supply, Inc., a Santa Ana vendor, and Smardan Supply Co. are responsive to the specification. Annual amounts are based upon past usage and staff's projection for the next year. 22G-1 Contract Award for Miscellaneous Plumbing Supplies November 6, 2006 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). ~n~~.~~ ~ ~~~~ Francisco Gutierrez Executive Director Finance and Management Services Agency FG/WO/06-152.2:uc 22G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: CONTRACT AMENDMENT EVENT SERVICES AND OF EVENT SUPPLIES (SPEC. NO. 06-156) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended FOR ^ As Amended ^ Ordinance on 1s1 Reading RENTAL ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ •/ 4 t/ ~l ~ CI 'Y MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Amend the contract with Confetti Party Rentals to increase the aggregate limit by $15,000 to provide event services and rental of event supplies for an annual amount not to exceed $25,000. DISCUSSION The City establishes an annual blanket order list consisting of vendors that provide supplies and services that are required by agencies on a consistent basis. Confetti Party Rentals, a Santa Ana vendor, has provided catering services and rental of event supplies such as canopies, tables, and chairs for the Parks, Recreation and Community Services Agency. The supplies are used for events ranging from the Wilshire Square Summer Concert to the Family Pride Club event. The vendor offers reliable service, competitive pricing and has consistently been the lowest responsive bidder. The addition of catering services provided for the Youth Expo caused the $10,000 aggregate limit to be exceeded and requires City Council approval. Staff requests approval to increase the aggregate limit for Confetti Party Rentals to provide uninterrupted event services and rental of event supplies. FISCAL IMPACT Funds are available in the Youth Guidance Operating Materials & Supplies; and the Parks, Recreation & Community Services Agency Special Revenue Fund, Fees & Donations Other Contractual Services accounts (account nos. 11-275-6391 and 22-231-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Mouet Executive Director Parks, Rec. & Comm. Svcs. Agency ~~~~ ~~~5'~V~ 4 ~a~ ,. ~~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency GM/WO/06-156A.8:uc ~ ~ ~ ~~ 22H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: CONTRACT AWARD FOR MOTOROLA PORTABLE RADIOS (SPEC. NO. 06-157) ,s i r i~ ~ ~Cc- CIT 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 Award a contract to Motorola for the purchase of portable radios in the amount not to exceed $62,250. DISCUSSION The Santa Ana Police Department issues portable radios to officers for use in the performance of their duties. All radios purchased must be compatible with the 800 MHz Countywide Coordinated Communications System (800 MHz CCCS) The 800 MHz CCCS radio system provides effective and reliable radio communication for routine operations of participating law enforcement, fire services, EMS and disaster preparedness agencies as well as interagency communications during disaster operations. The County of Orange recently renewed the contract with Motorola for the operational requirements established by the 800 MHz Countywide Coordinated Communications System. In order to maintain the integrity of the communications system, staff recommends Council approval of the recommended action. Along with the funds to purchase eight radios, an additional contingency amount has been included to allow for unanticipated purchases. FISCAL IMPACT Funds are available in the Police Property & Facilities Operating Materials & Supplies account (account no. 11-343-6391). APPROVED AS TO FUNDS AND ACCOUNTS: i~.l , Imo. Paul M. Walters Chief of Police PMW/SP/06-157.7:uc 2 2~-1 Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 221-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: CONTRACT RENEWAL FOR PARAMEDIC SUPPLIES (SPEC. NO. 02-141) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Bound Tree Medical for the purchase of paramedic supplies for a one-year period in the annual amount not to exceed $217,288. DISCUSSION The Fire Department's Paramedic Division provides emergency paramedic services within the City of Santa Ana. Paramedic supplies are purchased for such services, and patients are billed when services are rendered. The Police Department Jail Facility also orders supplies such as latex gloves for use during daily operations. On December 2, 2002, the City Council awarded a contract to Bound Tree Medical for a three-year period with provision for two, one-year renewals. The vendor has agreed to renew the contract; however, the vendor has requested a nine percent increase in pricing due to manufacturer price increases. Staff verified that this increase is consistent with the market. The vendor has performed satisfactorily during the past contract period and staff recommends the final renewal of the contract. FISCAL IMPACT Funds are available in the Fire Emergency Medical Services and Police Detention Services Operating Materials & Supplies accounts (account nos. 11-323-6391 and 11-349-6391). 22J-1 CITY MANAGEK Contract Renewal for Paramedic Supplies November 20, 2006 Page 2 APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~~~,e ~,~.~, - Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency PG/PMW/SP/02-141RF.37:uc 22J-2 Paul M. Walters Chief of Police REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVE~RR 20, 2006 TITLE: CONTRACT RENEWAL AND CONTRACTS AWARD FOR PHOTOGRAPHIC LAB SUPPLIES (SPEC. NOS. 03-088 & 06-149) ~'"~ ~~ ~ .~~ CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Renew the contract with Graphic Distributors for a one-year period in the annual amount not to exceed $44,282. 2. Award contracts for photographic supplies for a two-year period, with provision for two, one-year renewals in the annual amount as follows: Catagories: Bidder: Location: Amount: A,F Samy's Camera Los Angeles $11,528 B Linear Systems Rancho Cucamongo $10,100 C,D Corporate Express Imaging Poway $9,365 E Software House International Garden Grove $2,040 DISCUSSION On November 17, 2003, the City Council awarded a contract to Graphic Distributors for photographic supplies, with provision for two, one-year renewals. Although the majority of the Police photographic laboratory has been converted to digital, equipment utilizing photographic film and paper is still in use. Additionally, in order to guarantee that pictures have not been altered, the Public Works Agency uses Polaroid cameras and film to document graffiti throughout the City. Therefore, staff recommends the final renewal on this contract. Under the Homeland Security Grant the Police Department photographic laboratory received digital cameras, computers, servers, and printers. Digital images are downloaded to printers and copied into a jukebox. This process allows multiple copies of images to be stored. The images are either printed from four different printers or are written to a CD for distribution. The new contracts will provide supplies to support the new equipment in the photo lab. ~ ~ ~_~ Contract Award for Photographic Lab Supplies November 20, 2006 Page 2 The notice inviting bids was advertised on October 22 and 25, 2006, and bids were solicited. A summery of the bid invitations and bids received is as follows: 15 Invitation For Bid mailed 3 Invitation for Bid mailed to Santa Ana vendors 7 Bids Received 1 Bid Received from a Santa Ana vendor Bids were received, opened on October 11, 2006, and evaluated (Exhibit 1). The bids received from the recommended vendors are responsive to the specifications and meet the City requirements. Staff contacted the two Santa Ana firms that did not bid. They stated that they could not provide the items specified. FISCAL IMPACT Funds are available in the Police Criminal Unit Operating Material Supplies Account (account no. 11-344-6391) APPROVED AS TO FUNDS AND ACCOUNTS: ,,~ i Paul M. Walters Chief of Police PMW/SH/06-149RF.7:uc ..- ~'~ Cn6~ V `~6` i> >.D .. Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22K-2 m x s s cn cn cn cn cn to v --i r < ='• = = = ~'• = <' 3 ~ a N p 0 7 ~ 7 7 7 7 ~ m m v n oo D ~ v s r N N W ~ s ~ O ~. co N rn ~ ~ ~ ~ N 0 0 0~0 0 ° Cn w Z c ~ v ~ W 0 0 0 0 0 0 , o ~ ~ y 0 0 0 0 °° °o ~' o~ ~ ~ o ~ 0 N ~ ~ rv ~ O ° Z Z ~ o ~ ~ w .~ N ~ ° ° Do ° po ~ cn W N ~ °D Z D y Q C7 ~ o n c ° c 0 0 o ° ~, ~ v, m v C7 0 r-~ ts- rs~ -o O N W N Q~ ° N O o~ 1 `'' oVO rn O ~ O W ~~~ fD ~" ° . 0 0 °' a m ~ o ~ x o m C7 ~ v ~ Q W O ~ n y UOi Z O Z O N ~ ~ O N CD C ~ < (D ~ O ~ ~ ~ ~ _~ Q W ~ ~ _~ O LU ~ ~ W T O- ~ CO O- O ~ O C7 ~ ~ O y N cQ ~ D x ~ ~ ~ N ~ .A ~ O ~ ~ W N Z O N N O Z ~ Z ~- O O CD ~ CD W ~O v Q j O ~ ~ O V N O O CO Ul ~ ~ O Q ~ 0 ~ CD N 22K-3 ~ o ~~D p D ~ ~ p ~ m MoD ~~ ~O~ DO ~~ D W -~ p m D r C r m 22K-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 20, 2006 TITLE: CONTRACT AWARD FOR THERMAL IMAGING CAMERAS AND ACCESSORIES (SPEC. NO. 06-154) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For __._.,) '^/ CI Y MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to All Star Fire Equipment for the purchase of a thermal imaging cameras and accessories in the amount of $155,160. DISCUSSION On September 19, 2005, the City Council accepted a $8.4 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the Office of Disaster Preparedness. The Santa Ana Division of Homeland Security requires thermal imaging cameras, parts and accessories to aid the firefighters in locating trapped occupants in structure fires that may result from acts of terrorism. The thermal imaging camera is a hand-held device that enhances the ability of firefighters to see in near zero visibility conditions, adding a degree of safety by decreasing the chances of a firefighter becoming disoriented or lost while in the structure. The camera may also be used to locate small hidden. fires using temperature readings shown in the camera's viewfinder, thus eliminating the need to open up hidden areas of the structure to search for the fire. 22L-1 Contract Award for Thermal Imaging Cameras and Accessories November 20, 2006 Page 2 The notice inviting bids was advertised on October 18 and 20, 2006 and bids were solicited. A summary of the bids received is as follows: 5 Invitations For Bid mailed 3 Bids Received Bids were received and opened on October 30, 2006 (Exhibit 1). The bid received from Allstar Fire Equipment is responsive to the specification and meets the City's requirements. FISCAL IMPACT Funds for are Areas Security 125-333-664 ~ available in the Office of Emergency Services (OES) Urban initiative (UASI) Machinery & Equipment account (account no. APPROVED AS TO FUNDS AND ACCOUNTS: ~, Ph~l l i~p M . Fi e hief `~ ; ~` k~ t.z t _~ ~..~ ...-_. Paul M. Walters Chief of Police PMG/PMW/TO/06-154.37:uc Francisco Gutierrez` Executive Director Finance & Mgmt. Services Agency 22L-2 ABSTRACT -- BID SPEC. 06-154 THERMAL IMAGING CAMERAS AND ACCESSORIES BIDDER: ALLSTAR FIRE EQUIPMENT ISG THERMAL SYSTEMS USA, INC LOC: ARCADIA, CA LAWRENCEVILLE, GA THERMAL IMAGING CAMERA $132,800.00 $133,600.00 ACCESSORIES $ 11,200.00 $ 10,848.00 SUBTOTAL: $144,000.00 $144,448.00 7.75% TAX: $ 11,160.00 $ 11,194.72 TOTAL: $155,160.00 $155,642.72 BIDDER: LEE & ASSOCIATES RESCUE EQUIPMENT, INC. LOC: BOULDER CREEK, CA THERMAL IMAGING CAMERA $146,240.00 ACCESSORIES Included SUBTOTAL: $146,240.00 7.750 TAX: $ 11,333.60 TOTAL: $157,573.60 SUMMARY OF BID AWARD: ALLSTAR FIRE EQUIPMENT $155,160 EXHIBIT 1 22L-3 22L-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: CONTRACT AWARD FOR EDDTE WEST STADIUM SYNTHETIC TURF, RESTROOM AND ELECTRICAL ROOM IMPROVEMENTS (PROJECTS 06- 6409, 04-6403C AND 04-6407) V CIT ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to Byrom-Davey, Inc., the lowest responsible bidder, for base bid plus add-alternative two, three and five in accordance with unit bid prices in the estimated amount cif Sl_497.~R9_ 2. Approve a Funding Analysis with a total estimated construction cost of $1,945,700. 3. Approve an appropriation adjustment recognizing $1,024,840 in the Park Acquisition and Development Fund revenue accounts (account nos. 312-O1-various) and appropriating the same amount to the Park Acquisition and Development expenditure accounts (account nos. 312- 232-6631 and 312-233-6632). DISCUSSION This project involves the removal of the existing natural turf and installation of new synthetic turf for a dual soccer and football field at Eddie West Stadium (Exhibit 1). These improvements include installation of synthetic turf, a drainage system underneath the field, and new sump pumps. Add-alternate number two provides for a composite underlayment structural base and subgrade. Add-alternate number three includes improvements to the restrooms in order to comply with the Americans with Disability Act (ADA) and upgrades to the electrical room. Add-alternate number five provides for FieldTurf brand synthetic turf. Once completed, the project will enhance Eddie West Stadium and reduce maintenance costs for the turf. The Notice Inviting Bids was advertised on September 13 and 15, 2006 and bids were opened on October 10, 2006. A summary of the bid invitations mailed, the bids received, and the bid results follows. 23A-1 Projects Nos.06-6409, 04-6403C and 04-6407 Eddie West Stadium Synthetic Turf, Restroom and Electrical Room Improvements November 20, 2006 Page 2 Santa Ana Contractors receiving notices: Contractors requesting bidding documents: Bids received: Bids received from Santa Ana Contractors: 15 13 4 1 NAME OF BIDDER 1. Byrom-Davey, Inc. 2. Ohno Construction Company 3. Griffth Company 4. Los Angeles Engineering, Inc. CITY San Diego, CA Seattle, WA Santa Ana, CA Rosemead, CA BID AMOUNT $1,497,089 $1,654,920 $1,817,170 $1,881,710 A total of four bids were received and all were responsive. The lowest responsive bid was submitted by Byrom-Davey, Inc., for $1,497,089, which is above the Engineer's estimate of $1,408,850. ENVIRONMENTAL IMPACT Categorical Exemption ER 2004-222 was previously prepared and approved for this project and no further analysis is required. FISCAL IMPACT The funding analysis shows a total estimated $1,945,700 for the project (Exhibit 2) Funds are Urban Parks and Healthy Communities Grant Fund(ac~ the Roberti Z'Berg Harris Grant Fund(account no. Park Acquisition and Development Fund(Account nos. 6631 and 312-233-6632). .~,~ ,e~~ James G. Ross Executive Director 1Public Works Agency /1x^~`' Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency construction cost of available in the State count no.169-271-6631), 161-270-6631) and the 301-232-6631, 312-232- APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez 1e~j Executive Director "_d Finance & Mgmt. Services Agency K:\Construction\RFCA-draft\06-6409 2006-11-20 95WD 23A-2 PROJECT LOCATION J EXHIBIT 1 SANTA ANA TItIe~ P~'1 cxnr EDDE wESr sr~ Sn~niEr~c n~ cPROJECr os-s~os~ V AGENDA DATES EDDE WEST 3TAD411r1 F~ESTR00~1 IuPROVA~(T3 (PROJECT 04-6 NOV_ 6 2006 ~~ WEST STADII~I BECIAICAL ~PRO1 ~.~,~, (PRO.IECT 04-6~n i 23A-3 FUNDING ANALYSIS PROJECTS NOS. 06-6409, 04-6403C AND 04-6407 EDDIE WEST STADIUM SYNTHETIC TURF, RESTROOM AND ELECTRICAL ROOM IMPROVEMENTS Construction Contract $1,497,089 Contract Administration 66,900 Inspection and Testing 87,548 Survey Staking 69,600 Contingencies 224,563 TOTAL ESTIMATED CONSTRUCTION COSTS $1,945,700 Exhibit 2 23A-4 .. o ., _ _ ,,. ... .. N ~+ ~ ~ ° ~~7 E: ~ 'n~ ~ ~ ~ 9 ~ ~ ~_ __ ~~ e ~ ~ Q ~ . ~ a °~ EE d' ~' o ~ ~ ~ ~ ppp yyy Il H r ~ P. ~ H y a 8 ~ G _ $ ~ _ O ~ ~ y ~ 80 T ~ y ~ ~ N A ~ ~ Q sS o c"i• o g ~ ~ ~ S u g o H ~ m ~' g g g $ $ S $ g g ~ ~ u ~. ~ ~ ~ N ~ O O S O N.. 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STADIUM RESTROOM IMPROYEM$NTS PROJECT NO.04-6407: EDDIE WEST STADIUM ELECTRICAL ROOM AIZFRO~S PROPOSAL Bz CONTRACT AGREEMENT BID PROPOSA`L ................................................................................................. . ?O: CITY COUNCIL OF THE CITE OF SANTA ANA ................. FROM: YRv - ~/ ~ REQUIREMENT: ,q J~,D.~/aujnS >, L/ 3, .¢, .S Nbr.~v The undersigned declares that he/she has carefully examined tt~e location of the p~posed work that he/she has examined the Plans and Speci$cations and read the accompanying i~vction , to HII7DERS , and hereby proposes to furnish all material and do all the work required to complete the said work its accordance with said plans (if any), specifications and special prorrisioas, f+or the unit price(s) or luiap sum(s) set forth in the following schedule; Item # $id Itum TJnit Quantity Unit Price Amount PROJECT 1110.06-6409 ~~- l. Concrete Perimeter Curb LF 1,170 $~~ $ Z~/ ~D(o O 2- Concrete Retaining Curb r,F 210 $ Z S~ ~~ $~,?~6 3. PCC V-Gutter SF 1,260 $ 4, g~ $~g . 4. Asphalt Paving TN 100 $~ $ ~i5,-~a~v 5. Drainage System LS ---- --- $ / .8~ ~' b. Drainage Inlets EA 2 $ ~ .~~ n - im ~_^ ~ 7. Goal posts EA 2 $ ^~ (v $ /~6 Z 8. Stadium Grandstand Gates EA 6 $ ~, 3i3 $ B 7 $ 9. Turf Cooling System ~ __,_ ~-- Sn $_ J~~Q 58~ 450 TOTAL BASE BID ---~- $ -~~A-~~sD ~~ ADD AL ERNATE I ~D S 290 10. Unclassified Excavation** CY. 4,050 $ 3 3 ~ $_~(o Sb 11. Conventional Aggmegate Base Course LS _- -_ and Subgtade ~~ l8 'TO'T'AL ADD ALTERNATE X BID-- _w __ $ 3 ~~ g ADD ALTERNATE II {REPLACES ADD ALTERNATE D 12. Unclassified Excavation** CY 2,770 $ 3$ $ /pS p 13. Composite LJnder[ayment Structural LS --_ ---- Base and Subgrade $`,$~..z? 3 14. Composite Underlayment Syste~at~ LS ..--- ..- $~1 ~-7 TOTAL ADD ALTERNATE 1T BID------ ._.__~_ ~~___~.. $ -2 z~ ~ S O BP10F13 23A-7 ~~ CITY S A -PUBLIC WORK Fax:714-647-5823 Oct 9 2006 16:50 F'. U4 Addendum #S - - _--- -- -- CITY Ok`SANTA AN _ __ _- _ --Blue Sheen----- PROJECT N0.06-6409: EDDIE WEST STADIUM SYNTHETIC 'TURF 1 d/09/(?b -_ PROJECT N0.04-64030: EDDIE WEST STADIUM RESTROOM IMPROVEMENTS PROJECT NO. 04-6407: EDDIE WEST STADIUM ELECTRICAL ROOM Il1+iPROVENII3IVT'S PROPOSAL & CONTRACT A~REE1yIENT BID PR OSA cozttinued Itenn # Bid Item Uait uanti Unit Price Attwunt ADD AI.TERI~TATE III• PROJECT N 0 4-6~{03C 8c 04-610'1 15. 1?ddie West Stadium Restroom 8t LS ~_ , ._._ S L~'~~ L Electrical Room Improvemems - TOTAL ADD ALTEIt11TATE II,i BID------ _~._.-_._...._~____,,,,,_ ~~_ ~ 39~, 3 ~1~ ~~ Ann ALTERNATE rv lb. In-filled Synthetic Turf Surfacing' LS ____ ___ , S~l~, ~ ~ S8 0 - ~ TOTAx, ADD ALTERNATE XV BID------~ ---__------..~~.__._._~_ ~$ o ___-_,,.-__ $ 3~ D ALTERNATE V (REPLACES ADD ALTERNATE I{~ 17. FieldTurf Synthetic Turf Surfacing+ ~ ~s,~ac- f~t~~e~ rte- ~ LS ___ ~ P.:~~ _~ ~~ ~~ Substitution: '.['OTAL ADD ALTERNATE VBID-----____-..---------------r----___~__~.,---------- $ . ~-~ : O~l~S TOTAL BASE BID + ADp ALTERNATE BID I + ADD ALTERNATh; BID liV--- ~ ~ /~ p Z7~ ~-Z The lowest responsible bidder will be selected based on, the low Total Bsse Bid + Add Alternate I + S ''~ Add Alternate IV. The City reserves the right to award the Base Bid, and say, all or none of the alternate Bid Items. " Item considered "Specialty Item" per Greenbook Section 2-3.2 and may be deductod from the Contract Price before computing the amount required to be performed by the Caatractor with its owa organization. ''* Note: The agency reserves the right to adjust the quantities of this item without arty adjustrnem for overhead and profit. Provisions of section 3 2.2 of the standard specification fnr public works construction do not apply to this bid item. fi Bidder must specify manufactiuer of product requested as substitution on bid proposal for this bi item at time of bid opening. Sub®titutio~ moat moat AL.L OrJA,LIFICA'TION9 A L~ RE UIREMENTS listed in Section 11.00, SPECIAL PROVISIONS - FIE?LDTURF S'YNTH'ETIC TURF SURFACING FOR A DUAL SOCCER AND FQOT'BALL FIELD, of these specifications td be accepted as a substitution. PROJECT NO. 46-6409: EDD1E WEST STADIUM SYNTHETIC TURF PROJECT NO. 04-64030: EDDIE 'WEST STADIUM RESTROOM Il1+IPROVPMENTS PROJECT NO, 04-6407: EDATE WEST STADIUM ELECTRICAL ROOM IMPROVI?MENTS Firm Address 03 P)tone(s) Bidder Signature DBR ~,Q~ n~I ~, r-~i C . ~~- ,~i~ D2 LiZ ~-- BP2QF13 23A-8 PROJECT NO. 06-6409: EDDIE WEST T~'DIU1Gi-SYNTHETIC TfJRF------ PROJECT NO. 04-6403C: EDDIE WEST STADIUM RESTROOM IlVIPROVEMENTS PROJECT N0.04-6407: EDDIE WEST STADIUM ELECTRICAL ROOM IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT LIST OF SUB-CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: - Streets, highways including bridge projects; %2% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: %s% of the bid 131D ~rL7' 'fir BIDDER proposes to subcontract certain portions of the work to the dims listed below: B!D NAME ~i FG i>TLt,2~'~ LOCATION rJ'!oi/ TlL~A-G CAS/ PHONE ~>>~) 3¢O- 93i i TYPE OF WORK $y,/f~T~L $ 3 3* 80 y-uQ~ NAME T~2 fLA F~A,/~~ /,.1C LOCATION W J~~ ni,~ ( 9 PHONE SSG 2) G 13 - 728 3 TYPE OF WORK ~} G PArli~l ~ $_1~ NAME D Yi-//,l-ST`l ~ u /L iJ~a 5 LOCATION ~'/.kr,/ i3~E/1N~t- (Diva ~// PHONE (Cl d y) g(Z - ¢! CI -j TYPE OF WO ~/STiQGV,o'- $ ~v~[z ~GG,QSBA~b NAME LOCATION PHONE TYPE OF WORK NAME _ LOCATION PHONE CITY OF SANTA ANA TYPE OF WORK BYRO -DAVEY INC. Name . F' S ittin id Signature of Bi d NAME- /~i wL -'7T ~ ~ /'~ _ ~T / LOCATION h9u „i nZ~r~i , C.~!-•~/ PHONE ~ 3¢D = ~-! 3i / TYPE OF WORI S yn/.~nG $~-~0~3~ 8 ~ ~,r- NAME C Ky ~•J ~ ,~/;,.a !~(~ LOCATION s,an/ ~ ~ ,~(r0 . fA PHONE $ ) ¢5L- ~ 5 90 TYPE OF WORK /ci~c/N L $ y, So d NAME _~ C ~' ~G~7ct-C LOCATION ~,,~ nJ~ PHONE qo4- ~g3 - DEG TYPE OF WORK f~ccf~iC $ /S~ NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ __ BP 3 OF 13 23A-9 23A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 20, 2006 TITLE: CONTRACT AWARD FOR TRAFFIC SIGNAL INSTALLATION AT TWO LOCATIONS (PROJECT NOS. 06- 5012 AND 06-1021) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For ~, .) ,.` ' ~~ I ,~ '~ .,,. Cat / ~i CITY MANAGER MENDED CONTINUED TO FILE NUMBER 1. Relieve Oak Engineering, Inc. of their bid in an amount of $342,032. 2. Award a contract to Pro Tech Engineering, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $399,285 for construction of traffic signal installation at two locations. 3. Approve a Funding Analysis with a total estimated construction cost of $499,100. DISCUSSION This project provides for installation of two traffic signals at the intersections of 5th Street at Jackson Street and MacArthur Boulevard at Birch Street (Exhibit 1). Once completed, these traffic signals will increase the safety of motorists and pedestrians at these intersections. The Notice Inviting Bids was advertised on September 25 and 27, 2006, and bids were opened on October 24, 2006. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 0 Contractors requesting bidding documents: 13 Bids received: g Bids received from Santa Ana Contractors: 0 23B-1 Traffic Signal Installation At Two Locations November 20, 2006 Page 2 NAME OF BIDDER CITY BID AMOUNT 1. Pro Tech Engineering Corona del Mar $399,285 2. Inspection Engineering Construction, Inc. Costa Mesa $410,880 3. KDC, Inc. DBA Dynalectric Los Alamitos $429,900 4. Freeway Electric Riverside $430,500 5. Christopher R. Morales, Inc. City of Industry $434,350 6. Terno, Inc. La Mirada $493,905 7. Steiny and Company, Inc. Baldwin Park $515,064 A total of eight bids were received and all but one were responsive. Oak Engineering, Inc. (OEI) submitted a bid in an amount of $342,032. The day following the bid opening, OEI requested to be relieved of their bid, stating that they had made a clerical error in filling out the bid. After examining OEI's bid and other documents, staff has found sufficient grounds for the relief and therefore, recommends that OEI's request be granted. The lowest responsive bid was submitted by Pro Tech Engineering, for $399,285, which is above the Engineer's estimate of $339,290. TNVIRONMENTAL IMPACT Environmental Review Nos. 2006-2 Categorical Exceptions were filed California Environmental Quality Act. and 2005-215 were completed and for these projects pursuant to the FISCAL IMPACT The funding analysis shows a total estimated construction cost of $499,100 for the project (Exhibit 2). Funds are available in the Traffic System Management Grant Pedestrian Safety Fund (account no. 147-651-6631) and the Select Street Construction Fund (account no. 59-551-6631). APPROVED AS TO FUNDS AND ACCOUNTS: ' / / James G. Ross ~' Francisco Gutierrez Executive Director ~y Executive Director Public Works Agency Finance & Mgmt. Services Agency K:\Construction\RFCA-draft\06-5012 2006-11-20 45 WD 23B-2 .~. rro~ect U6-7021 Exhibit 1 SANS City Council Contract Award for Traffic Signal Installation at ~~~i ~~ • pWq • Agenda Date two locations [ ~ November 20.2006 (Project 06-5012 and 06-1021) PUBLICWORKSAGENCY rF.dUCation ~~;~ 23B-3 FUNDING ANALYSIS PROJECT NOS. 06-5012 AND 06-1021 TRAFFIC SIGNAL INSTALLATION AT TWO LOCATIONS Construction Contract $399,285 Contract Administration 19~gg~ Inspection and Testing Contingencies 40,000 39, 928 TOTAL ESTIMATED CONSTRUCTION COSTS 5499,100 Exhibit 2 23B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2006 TITLE: CLERK OF COUNCIL USE ONLY: APPROVED AGREEMENTS FOR CITY OF SANTA ANA REGIONAL TRANSPORTATION CENTER CITY-INITIATED TRANSIT EXTENSIONS TO METROLINK STUD~LES PROJECT 06-2502 ~~- ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO ~ ~-ZC~ .~ ~~ FILE NUMBER CITY MANAGER 1 RECOMMENDED ACTION 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the Orange County Transportation Authority in an amount not to exceed $200,000 to conduct the City of Santa Ana Regional Transportation Center City-Initiated Transit Extensions to Metrolink Studies in partnership with the City of Costa Mesa. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the City of Costa Mesa to create a partnership and to designate Santa Ana as the lead agency in the City-Initiated Transit Extensions to Metrolink Studies. 3. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Parsons Brinckerhoff in an amount not to exceed $200,000 to conduct the City-Initiated Transit Extensions to Metrolink Studies. 4. Approve an appropriation adjustment recognizing $200,000 in unanticipated Measure M Transit funds in account no. 32-O1-5053, and appropriate same to the City-Initiated Transit Extensions to Metrolink Studies project account no. 32-551-6631, project no. 06- 2502. DISCUSSION On October 14, 2005, the OCTA Board of Directors approved a package of projects as a substitute for the Centerline Project that would satisfy the air quality goals established for rapid transit projects. The Board 25A-1 RTC Metrolink Extension Studies October 16, 2006 Page 2 of 3 also approved a five-year program of rapid transit projects using the existing Metrolink commuter rail corridor as the backbone of the Orange County's transit system. Additionally, on February 27, 2006, the OCTA Board approved a four-step process for City-Initiated Transit Extensions to Metrolink, now known as the Go Local program as shown below: • Step one allocates up to a total of $3.4 million for cities to develop a local transit vision and conduct initial planning. All cities are eligible to receive $100,000 grants, once they execute a cooperative agreement with OCTA. • Step two is scheduled to commence in the first quarter of 2008 and makes available the remainder of $30 million on a competitive basis to further develop the most promising projects. • Step three is planned to coincide with the availability of renewed Measure M funds, projects may move into project development and implementation, and the major projects will presumably advance into a federally funded preliminary engineering effort. • Step four focuses resources on transforming the Metrolink stations into major multi-modal transportation centers. Additionally, Parsons Brinckerhoff (PB) has been working with City staff and has recently completed the Santa Ana Transit Master Plan (Exhibit 1). In Step one of the Go Local Program PB will be studying in more detail the transit feeder alignment concepts derived from the Transit Master Plan. The four transit feeder service alignments currently under consideration will connect the Santa Ana Regional Transportation Center (SARTC) with the Civic Center and Downtown area, Main Place, Bowers Museum District and the South Coast Metro Area. In addition options to extend this service to the proposed Bus Rapid Transit (BRT) service alonq~ Harbor Boulevard via the former Pacific Electric (PE) Right-of-way, 17t Street, Bristol Street and Edinger Avenue, and the John Wayne Airport via Sunflower Avenue, Bear Street and Interstate 405 will be considered. Santa Ana will function as the lead agency for the South Coast Metro Area alignment study. As the lead agency, Santa Ana will receive the $100,000 allocated to Costa Mesa by OCTA for a Metrolink extension study and will be responsible for managing the consultant contract with PB. Santa Ana will also receive an additional $100,000 to study the Civic Center and Main Street transit feeder alignment concepts described above. Staff recommends that the City execute the cooperative agreement with OCTA and the partnership agreement with Costa Mesa. Staff also recommends that the City execute an amendment to the agreement with PB to 25A-2 RTC Metrolink Extension Studies October 16, 2006 Page 3 of 3 recommends that the City execute an amendment to the agreement with PB to provide consultant support services to conduct the Metrolink extension studies that will meet the various Federal transit agencies' guidelines. This will enable Santa Ana to complete Step one of the Go Local Program and have a project(s) ready for submittal for Step two which makes available $30 million for further development of the most promising projects. As stated previously, the additional $200,000 will be used for consultant services to complete Step one of the Go Local program. The amended contract is estimated at total contract amount not-to-exceed $354,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Upon approval of the appropriation adjustment, funds available in Measure M Transit Funds (account no. 32-01-5053) will be appropriated to the City-Initiated Metrolink Extension Studies project account (account no. 32-551-6631, project no. 06-2502). APPROVED AS TO FUNDS AND ACCOUNTS: f I ~ A James G. Ross Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Management 25A-3 - ~~ Services Agency ~k 1 >. ~ ,;,w, -.• ~ _~.~ f., ~_.., ...,,:_: ~, MAIN '4 PLACE ~.F' CRY PLACE 1 ~~; ~. DISCOVER SCIENCE CENTER t~ x BOWERS MUSEUM SANlA ANA COLLEGE CIYK w~ wr ~ SARTC rtAetrolrnr. Extensron Alrgnment Concepts -Santa Ana Focus Brea SANTA ANA /~ City Council P~WA J~ Agenda Date „~,'~ _ Oct. 16. 2006 Santa Ana Transit Master Plan Exhibit 1 2 5A-4 ~^ ~ Alignment 1 ter Alignment 2 ~ Alignment 3 ~ Alignments 4AdB gee ~ Extension Options BRT Routes City Boundary ~~ - „~ ~~~~ l F,au~~~,' o~`ti REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: AGREEMENT TO PROVIDE PLOT/SITE PLANS ^. S ''~ CITY MANAGER 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 RECOMMENDED ACTION Direct the City Attorney to prepare the Clerk of the Council to execute Inc. to provide updated plot/site $620,000. and authorize the City Manager and an agreement with Mapping Solutions plans, in an amount not to exceed DISCUSSION On August 16, 2004, the City Council accepted a $15 million Urban Area Security Initiative (UASI) grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. The initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to, and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the federal Office of Domestic Preparedness (ODP). The Fire Department recommends entering an agreement with Mapping Solutions Inc. to provide plot/site plans to update our currently incomplete and outdated plans. In the event of a major incident the first priority is the safety of our "first responders." Detailed site/plot plans aid assessing potential site threats and determine appropriate mitigation strategy. Mapping Solutions, Inc. is a proven company with the capacity, expertise, and ability to produce the quality and detailed plot/site plans needed. 25B-1 Plot/Site Plan Agreement November 20, 2006 Page 2 FISCAL IMPACT Funds are available in the 2005 UASI Grant, Other Contractual Services account (account ~o. 125-333-6291). Chief Department Paul M. Walters Police Chief Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-04 FOR THE PROPERTY LOCATED AT 1916 NORTH FLOWER STREET CITY MA ER 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 Wallace Heli Cunningham, property owner, for the structure located at 1916 North Flower Street. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Wallace Heli Cunningham, property owner, for the structure located at 1916 North Flower Street at its October 5, 2006 meeting by a vote of 8:0 (Seeley absent). DISCUSSION After the public hearing on October 5, 2006, 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. 2006-04 November 20, 2006 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $146.15 to $730.74 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay M. Trevino Francisco Gutierrez E utive Director Executive Director Planning & Building Agency Finance & Management Services Agency ~•.~ HS:rb he\historic info\mills act agreements\1916_N_Flower\hppa06-04.cc 25C-2 REQUEST FOR Historic Resources Commission Action Hsro~c r~sou~s conn~ssloN ni~tr~c o~-Tr=: OCTOBER 5, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-04 FOR THE PROPERTY LOCATED AT 1916 NORTH FLOWER STREET Prepared by Hally Soboleske wsrowc ~sou~ES con~ul~oni sECr~ rater APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO ,~, Executive Director Planning Man er RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Wallace Heli Cunningham, property owner, for the structure located at 1916 North Flower Street. DISCUSSION Request of Applicants The applicant, Wallace Heli Cunningham, property owner, requests the approval of Historic Property Preservation Agreement No. 2006-04 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a one-story residence and a detached, single-car garage located at 1916 North Flower Street. The property is within the West Floral Park 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 to 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. EXHIBIT A 25C-3 HPPA No. 2006-04 October 5, 2006 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in September 2006 by the Historic Resources Commission (Exhibit 1). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2) A review of the property indicates that this Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Hally S oleske Associate Planner HS j m hs\historic info\mills act agreements\1916_N_Flower\hppa06-04.hrc 25C-4 EXECUTIVE SUMMARY LEWIS HOUSE 1916 North Flower Street Santa Ana, CA 92706 NAME Lewis House REF. NO. ADDRESS 1916 North Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1935 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red the 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 Lewis House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Spanish Colonial Revival style, "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.) SSl: Individual property that is listed or designated locally. `~~~ State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date rage ~ or 4 Resource name(s) or number (assigned by recorder) Lewis House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Ouad TCA1667 Date: *c. Address 1916 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 399-051-09 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) An example of the Spanish Colonial Revival style, this one-story, stucco-clad residence is T-shaped in plan, with a projecting, front-gabled wing dominating the northern half of the fagade. Aside-gabled wing extends to the south and terminates in a pone cochere. Large, segmental arches span the driveway. The tiled roof has a shallow pitch, with short, rounded eaves in the gable ends and rafters exposed along the sides. The front gable features rakes of unequal lengths that are ornamented with a scalloped bargeboard. Centered beneath the peak of the gable, a triangular attic vent is composed of semicircular tiles. A large, flat-headed, fixed sash window with deep reveals sits below the vent. Sheltered under the southern end of the front gable, the entryway is deeply recessed behind round-headed archways that face east to the street and south to a low- walled patio. Two windows, one adouble-hung sash, the other a fixed sash, overlook the patio and are flanked by shutters. Both windows are (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes 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. PSb. Photo: (view and date) Southeast elevation July 2006 *P6. Date Constructed/Ageand Sources: ^historic 1935/City of Santa Ana Building Permits *P7. Owner and Address: Wallace Heli Cunningham 1916 North Flower Street Santa Ana, CA 92706-2522 *P8. Recorded by: L. Heumann and D. Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: July 27, 2006 *P10. Survey Type: Intensive Survey Update *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) 2 ~~ 2g 5 *R squired information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD *Resource Name or #: Lewis House B1. Historic Name: Lewis House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *65. Architectural Style: Spanish Colonial Revival *Bti. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1935 October 1, 1935. Residence and garage. September 6, 1945. Reroof. January 30, 1989. Reroof with tear-off. February 24, 1989. Patio cover, sliding glass door to French doors, air conditioning. *B7. Moved? ^No DYes Unknown Date: Original Location: *B8. Related Features: rage ~ or 4 ~CFIR Status Code 5S1 Garage. B9a. Architect: Unknown b. Builder: Unknown *B70. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Lewis House is architecturally significant as an intact and representative example of the Spanish Colonial Revival style in the i930s in Santa Ana. The first owner of the house was Wilford G. Lewis, who obtained a building permit in 1935 for a residence and garage with an estimated value of $7,000. Lewis, a rancher with a farm just outside of Huntington Beach, lived in the house with his wife Elizabeth from 1935 to 1939. The house was sold in 1939 to Annie C. Charlton, who remained at this address through the 1940s; city directories do not indicate an occupation for Mrs. Charlton. City directories and a chain of title provided by the current (2006) owner indicate that the house had a number of different owners in subsequent decades. (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 3 of 4.) State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial rayc ~ ~~ 4 resource name or ~ ~ASSignea by recorder) Lewis House *Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date July 27, 2006 O Continuation ^ Update *P3a. Description (continued): flanked by wooden shutters. Brick caps the patio wall, and trims the sill of the large picture window. A stucco covered chimney is attached to the north elevation; a second, interior chimney straddles the ridgeline of the side gable. In the southwest comer of the property, a garage with a second story appears to date from the same period as the house. Alterations to the property do not compromise the integrity of the house, and include the additions of a stucco garden wall with brick coping and wrought iron trim, and wrought iron gates at the entry and Porte cochere. *610. 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. Since the second half of the twentieth century, the neighborhood in which the Lewis House is located has been known as West Floral Park. Located northwest of the historic core of Santa Ana, this residential neighborhood is 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. Prior to World War ll, the area was agricultural, divided into a few large landholdings devoted primarily to the cultivation of oranges, walnuts, and apricots. Traces of this early era remain in the form of two original farmhouses (1911 Westwood Street and 2402 North Flower Street) and in a few large parcels along Flower Street. During the 1920s and 1930s, a handful of houses were erected on Baker, Bristol, and Flower Streets, and two municipal facilities, the City Water Works pumping plants and the City/County Animal Shelter, were built at 2315 and 2321 North Bristol Street. West Floral Park acquired its current identity as a neighborhood of expansive, California Ranch Style houses in the years following 1947. Development started slowly, with around two dozen homes being built on Baker, Olive, Towner, and Westwood Streets between 1947 and 1950. Construction boomed during the 1950s and 1960s. One builder in particular has come fo be associated with West Floral Park: Roy Rodney Russell. The son of Roy Roscoe Russell, who developed much of Victoria Avenue in Floral Park, Roy Rodney Russell formed a partnership with his father in 1945; the partnership was called Roy Russell and Son, Builders. They began building homes on speculation, usually around fifteen or twenty each year. Following the death of his father in 1965, Roy Rodney Russell continued to build, mostly custom homes and many of them in West Floral Park. He retired in 1993. Flower Street itself ended at Seventeenth Street during the agricultural period. North of Santa Clara, Hannah Street (also spelled `hlanna'~ was renamed Flower between 1912 and 1915. Sometime later, the north and south sections of Flower were joined, but the area between Seventeenth and Santa Clara remained agricultural. By 1929, according to the city directories, there were nine houses on the west side of Flower north of Santa Clara in the Fisher Park neighborhood (the 2600 and 2700 blocks), and only one (2330) in West Floral Park. By 1931, five houses had been constructed on Flower south of Santa Clara on this street of orange and walnut orchards. The Lewis House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Typical features of this style illustrated by the house include its tiled roof with low pitch and shallow eaves; asymmetrical massing; decorative use of brick and wood, smooth plaster finish and lack of ornamentation; and arched openings. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an example of the Spanish Colonial Revival style, `5s a good example of period architecture. " Character-defining exterior features of the Lewis House that should be preserved include, but may not be limited to, materials and finishes (stucco, wood, brick); roof configuration and detailing; original windows and doors where extant; chimneys; Porte cochere; architectural details such as the attic vents and bargeboards. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Hisforv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide fo American Houses. New York: Alfred A. Knopf, 1984. DPR 523E ~ ~~ 4~ 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) Lewis House *Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date July 27, 2006 ~ Continuation ^ Update (See Continuation Sheef 4 of 4.) *B12. References (continued): National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of fhe Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Franklin, Don. `7VW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room Historic House File, circa 1995. Cynthia Ward, Anaheim, CA. May-June 2006. "Lewis House Primary Record and Building, Structure and Object Record." Santa Ana and Orange County Directories, 1935-1954. DPR 523E /~ ~~ 5 ~5 MILLS ACT AGREEMENT 1916 North Flower 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 October 16, 2006 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 Wallace Heli Cunningham, (hereinafter referred to as "Owners"), owners of real property located at 1916 North Flower 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 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 1916 North Flower 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- 2C,~~IT 2 MILLS ACT AGREEMENT 1916 North Flower 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 October 16, 2006, 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-11 MILLS ACT AGREEMENT 1916 North Flower 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 ofcharacter-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-12 MILLS ACT AGREEMENT 1916 North Flower 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 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 Govenunent 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 maybe 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 maybe 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-13 MILLS ACT AGREEMENT 1916 North Flower 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 subjects the Historic Property, located at 1916 North Flower Street, Assessor Parcel Number, 399-051-09, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Wallace Heli Cunningham 1916 North Flower Street Santa Ana, CA 92706 -5- 25C-14 MILLS ACT AGREEMENT 1916 North Flower 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'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- 25C-15 MILLS ACT AGREEMENT 1916 North Flower 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: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Wallace Heli Cunningham APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25C-16 MILLS ACT AGREEMENT 1916 North Flower Street Santa Ana, CA 92706 Exhibit A Lot 67 and the South 12 feet of Lot 68 of Tract 748, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 30, Page(s) 9, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County. Assessor Parcel No. 399-051-09 -8- 25C-17 MILLS ACT AGREEMENT 1916 North Flower 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: 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- 25C-18 MILLS ACT AGREEMENT 1916 North Flower 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- 25C-19 MILLS ACT AGREEMENT 1916 North Flower Street Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25C-20 MILLS ACT AGREEMENT 1916 North Flower Street Santa Ana, CA 92706 '~ 1- -12- 25C-21 MILLS ACT AGREEMENT 1916 North Flower Street Santa Ana, CA 92706 -13- 25C-22 a Q z O Q v 0 J 0 ~. W O J 0 Z t~ W w W 0 LL I ' o o ~ o. ~, M ' ~ O O ~ i • I ~ , , I ..~ 0 Z 25C-23 25C-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-05 FOR THE PROPERTY LOCATED AT 2315 NORTH RIVERSIDE DRIVE CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d 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 Amy L. Stark, property owner, for the structure located at 2315 North Riverside Drive. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Amy L. Stark, property owner, for the structure located at 2315 North Riverside Drive at its October 5, 2006 meeting by a vote of 8:0 (Seeley absent). DISCUSSION After the public hearing on October 5, 2006, 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. 2006-05 November 20, 2006 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $125.40 to $627.03 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ay Trevino E utive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency~,- HS:rb hs\historic info\milla act agreements\2315_N_Riverside\hppa06-OS.cc 25D-2 REQUEST FOR Historic Resournes Commission Action wsra~c ~sou~sGOiunr~oN nnEErr~ oar: OCTOBER 5, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-05 FOR THE PROPERTY LOCATED AT 2315 NORTH RIVERSIDE DRIVE Prepared by Hally Soboleske wsra~c ~soul~cES colMnn~or~ sECF~ra~r APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Executive Director Planning Ma er RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Amy L. Stark, property owner, for the structure located at 2315 North Riverside Drive. DISCUSSION Request of Applicants The applicant, Amy L. Stark, property owner, requests the approval of Historic Property Preservation Agreement No. 2006-05 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a one-story residence and a detached, single-car garage located at 2315 North Riverside Drive. The property is within the Floral Park 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 to 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. EXHIBIT A 25D-3 HPPA No. 2006-05 October 5, 2006 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Key in September 2006 by the Historic Resources Commission (Exhibit 1) . Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2) A review of the property indicates that this Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance Hally oboleske Associate Planner HS j m hs\historic info\mills act agreements\2315_N_Riverside\hppa06-O5.hrc In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. EXECUTIVE SUMMARY WEBSTER HOUSE 2315 North Riverside Drive Santa Ana, CA 92706 NAME Webster House REF. NO. ADDRESS 2315 North Riverside Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1931 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®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 nineteenth century, the Tudor Revival was associated with some Craftsman era construction but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Webster House has been listed in the California Register of Historical Resources. The Webster House also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. EXHIBIT 1 5G State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date rage , or w resource nametsl or numoer (assigned by recorder) Webster House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' quad TCA1667 Date: *c. Address 2315 North Riverside Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-131-30 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one and one-half story residence of rectangular plan showcases the Tudor Revival style. Clad in stucco, the house is capped by a front- and side-gabled roof of medium pitch. Accented by decorative half-timbering in the gable end, the north wing is front-gabled and contains a pair of multi paned casement windows on the upper story and a band of wood-framed, casement windows and a slightly recessed entryway topped by a smaller front-gable on the lower level. Three brick stairs lead up to the entry, which is framed byherringbone-patterned brick piers outlined in wood that forms a continuous line with the half-timbering above it. The south half of the fagade is faced with brick and features a prominent brick chimney, with two diagonal chimney stacks characteristic of the Tudor-Revival style. Paired, wood-framed casement windows, topped with front-gables accented with wood surrounds, flank the chimney. Original, wood-framed, casement windows in a variety of configurations, with projecting wood sills, are irregularly arranged on the north and south elevations, some adorned with decorative shutters. The house retains a substantial degree of integrity; alterations include the additions of awnings and aluminum-framed window screens and composition shingle roof. A noncontributive, stucco-clad garage is located in the northeast corner of the property. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) West elevation July 2006 *P6. Date Constructed/Age and Sources: ^historic 1931/City of Santa Ana Building Permits *P7. Owner and Address: Amy L. Stark 2315 N. Riverside Drive Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: July 27, 2006 *P10. Survey Type: Intensive Survey Update California Department of Transportation, Broadway Overcrossing Historic Property Survey, March 1979. *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) 2 ~'~~ 5 *Required information *P11. Report Citation: (Cite survey report and other sources, or enter "none") State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD rayc ~ ~~ ~+ 'GF1Fi status code ZU2 *Resource Name or #: Webster House B1. Historic Name: Webster House 62. Common Name: Same 63. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Tudor-Revival *66. Construction History: (Construction date, alterations, and date of alterations): Constructed 1931 June 19, 1931. Residence and garage. April 7,1933. Rebuild brick chimney. *B7. Moved? ^No Yes DUnknown Date: Original Location: *68. Related Features: None. 69a. 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: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Webster House is architecturally significant as an intact and representative example of the Tudor Revival style. According to the original building permit, dated June 19, 1931, the residence and garage were constructed at a cost of $6,000. The owner listed on the permit was E.C. Rogers, a building contractor. When the house first appears in the city directory in 1932, Elmer E Webster and his wife Mabel were listed as the residents. No occupation was listed for Mr. Webster. The Websters remained in the house until 1937, when Benjamin T. Woodward, a veterinarian surgeon, and his wife Helen, became the occupants. Subsequent city directories also list Mr. Woodward's occupation as food consultant. According to documentation provided by the current (2006) owner, Mr. Woodward died in 1953 and Mrs. Woodward remained in the house until her death in 1986. The estate was sold to Richard and Beverly Martel in 1987, and has since switched hands several times. (See Continuation Sheet 3 of 4.) 611. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: July 27, 2006 (This space reserved for official comments.) DPR 5238 (1/95) ~~Vf/ *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial rage ,s yr ~ resource name or ~ (,assigned by recorder) Webster House 'Recorded by Leslie J. Neumann and Deborah Howell-Ardila *Date July 27, 2006 O Continuation ^ Update *610. 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 Webster 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 EI 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 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 (2006), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Webster House lies in the northern section of Floral Park known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that: `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "' Under the regulations implementing the California Register of Historical Resources, the Webster House, which is a contributor to the National Register district, has been listed in the California Register. The Webster House also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Typical features of this style illustrated by the house include its combination of stucco cladding, decorative half-timbering, and brick facing; its gabled massing, and its emphasis on vertical features such as the gables and the prominent chimney. Additionally, the house has been categorized as `Key" because it has a distinctive architectural sty/e and quality. "Character-defining exterior features of the Webster House that should be preserved include, but may not be limited to, materials and finishes (stucco, wood, and brick); roof configuration and detailing; original windows and doors where extant; chimney,' architectural details such as the half-timbering in the gables and herringbone-patterned brick work around entryway. "B12. 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 fo 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 Inferior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. (See Continuation Sheet 4 of 4.) ' Determination of Eligibility, February 25, 1980. DPR 523E ~ C ~~~f 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) Webster House *Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date July 27, 2006 ~ Continuation ^ Update `B12. References (continued): 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://www.floral-park.com/page2.html. Santa Ana and Orange County Directories, 1932-1954. Cynthia Ward, Anaheim. Rogers-Webster House Primary Record and Building, Structure and Object Record,"May-June 2006. DPR 523E p1~~~ 5A MILLS ACT AGREEMENT 231 S North Riverside 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 October 16, 2006 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 Amy L. Stark, (hereinafter referred to as "Owner"), owner of real property located at 2315 North Riverside 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 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 2315 North Riverside 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. 25DE~ V IT 2 MILLS ACT AGREEMENT 2315 North Riverside 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 October 16, 2006, and shall remain in effect for a term often (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- 25D-11 MILLS ACT AGREEMENT 231 S North Riverside 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 ofcharacter-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- 25D-12 MILLS ACT AGREEMENT 23l S North Riverside 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 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 maybe 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 maybe 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-13 MILLS ACT AGREEMENT 231 S North Riverside 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 subjects the Historic Property, located at 2315 North Riverside Drive, Assessor Parcel Numbers, 002-131-30 and 002-131-40, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Amy L. Stark 2315 North Riverside Drive Santa Ana, CA 92706 -s- 25D-14 MILLS ACT AGREEMENT 2315 North Riverside 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'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- 25D-15 MILLS ACT AGREEMENT 2315 North Riverside 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: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Amy L. Stark APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25D-16 MILLS ACT AGREEMENT 231 S North Riverside Drive Santa Ana, CA 92706 Exhibit A Lot 45 and the west 70.50 feet of Lot 55, Tract 425 in the City of Santa Ana, County of Orange, State of California, recorded in Miscellaneous Maps, in the Office of the County Recorder of said County. Assessor Parcel Nos. 002-131-30 and 002-131-40 -s- 25D-17 MILLS ACT AGREEMENT 231 S North Riverside 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. 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- 25D-18 MILLS ACT AGREEMENT 231 S North Riverside 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. - io - 25D-19 MILLS ACT AGREEMENT 231 S North Riverside Drive Santa Ana, CA 92706 Exhibit C (photographs attached) ,rP -11- 25D-20 MILLS ACT AGREEMENT 231 S North Riverside Drive Santa Ana, CA 92706 -12- 25D-21 MILLS ACT AGREEMENT 231 S North Riverside Drive Santa Ana, CA 92706 -13- 25D-22 Q Z O Q V O J 0 H W W 0 W H OC Z M N D 0 w r1 ^ O I O ^ M O I 0 z 25D-23 25D-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-06 FOR THE PROPERTY LOCATED AT 2102 NORTH ROSS STREET /~ ~~. :~~;~ ~ 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 Robert W. Johnson and Judith M. Johnson for the structure located at 2102 North Ross Street. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Robert W. Johnson and Judith M. Johnson for the structure located at 2102 North Ross Street at its November 2, 2006 meeting by a vote of 6:0 (O'Callaghan abstained, Chinn and Seeley absent). DISCUSSION After the public hearing on November 2, 2006, 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. 2006-06 November 20, 2006 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $88.92 to $444.60 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~~rll~/ /_~ti~u~ Jay M. Trevino /d1/Francisco Gutierrez Exec ive Director /~ Executive Director Planning & Building Agency Finance & Management HS:rb hs\historic info\mills act agreements\2102 N_ROSS\hppa06-06.cc Services Agenc // ~~ 25E-2 REQUEST FOR Historic Resources Commission Action ~usTOt~c ~souRC~sconnn~ssiow nn~rr~G aa-Trr: NOVEMBER 2, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-06 FOR THE PROPERTY LOCATED AT 2102 NORTH ROSS STREET APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske y . ,~_ Executive Director RECOMMENDED ACTION "ti's Planning M Hager Recommend that the City Council direct the City Attorney authorize the City Manager and the Clerk of the Council agreement with Robert W. and Judith M. Johnson, property structure located at 2102 North Ross Street. DISCUSSION Request of Applicants The applicants, Robert W. and request the approval of Histori 2006-06 (Mills Act) between the Ana. to prepare and to execute an owners, for the Judith M. Johnson, property owners, c Property Preservation Agreement No. property owner and the City of Santa Property Description The subject property includes a one-story residence and a detached garage located at 2102 North Ross Street. The property is within the Floral Park 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 to 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. EXHIBIT A 25E-3 HPPA No. 2006-06 November 2, 2006 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 is to be placed on the local register and categorized as Contributive in November 2006 by the Historic Resources Commission (Exhibit 1). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2) A review of the property indicates that this Spanish Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Ha ly boleske Serg' K1 ICP Associate Planner Seni Pl e HS jm hs\historic info\mills act agreements\2102_N_ROSS\hppa06-06.hrc 25E-4 EXECUTIVE SUMMARY SMEDLEY HOUSE 2102 North Ross Street Santa Ana, CA 92706 NAME Smedley House REF. NO. ADDRESS 2102 North Ross 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 SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tle roof coverings, flat roofs surrounded by riled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patos, window grilles, and wood, wrought iron, tle, or stone decoratve elements. SUMMARY/CONCLUSION: The Smedley House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplificaton of the disringuishing characteristcs of the Mission/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 example of the Mission/Spanish Colonial style in the Floral Park neighborhood "is a good example of period architecture" (Municipal Code, Secton 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluaton: (From California Office of Historic Preservaton, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctve characteristcs of a type, period, region, or method of constructor, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservaton, December 8, 2003.) 551: Individual property that is listed or designated locally. ~~ State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary #. HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Date ___ - Page 1 of 3 Resource name(s) or number (assigned by recorder) Smedley House P7. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' quad Date: *c. Address 2102 North Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number Block: Lot: *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one-story, stucco-clad Spanish Colonial Revival residence features aloes-pitched, cross-gabled roof with red tiles and shallow overhangs. H-shaped in plan, the residence has a prominent front-gabled wing, projecting from the fagade's north half. The stucco finish of the gable is uninterrupted, except for two exposed clay drainage pipes in the gable apex. Along the facade's south half, a low, stucco-clad wall encloses an open courtyard, which is raised on three steps. The south portion of the courtyard features a projecting wing with multipane casement windows. The main entrance is recessed in the northeast corner of the courtyard. Fenestration on the facade consists of a tripartite window, capped with a molded arch and a multipane transom, centered on the projecting wing. A variety of multipane casement windows, some with awnings, as well as double-hung sash windows line the courtyard and the side elevations. Side elevations display rows of three exposed clay pipe ends, repeating the theme found on the fagade. A wrought-iron railing marks the side entrance on the north elevation, which consists of a wood door with single-light glazing and an awning. Wrought-iron fences that appear nonoriginal (albeit sensitive to the house's Spanish Colonial Revival style) enclose the north side of the porch and mark the entrance to the driveway. Other alterations include an addition to the original garage in the northwest corner of the property. The house otherwise appears substantially intact and is enhanced by mature trees and landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) West elevation September 2006 *P6. Dhte ConstructedlAgecnd Sources: ^historic X1927/City of Santa Ana Building Permits *P7. Owner and Address: *P8. Recorded by:- L. Heumariri and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin'Alley Pasadena, California 91105 *P9. Date Recorded: September 25, 2006 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey 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 ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) 2 5~ ~6 =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 #: Smedley House B1. Historic Name: Smedley House 62. Common Name: Same B3. Original Use: Single-family Residence 64. Present Use: Single-family Residence *B5. Architectural Style: Mission/Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1927 January 11, 1927. Residence and garage constructed for $6,600. March 18, 1949. Unspecified alterations, $125. March 21, 1949. Unspecified alterations, $14. February 4, 1970. Patio brought into code, $60. March 28, 1979. Add den and hobby room to garage, $10,200. September 27, 1982. Reroof. *B7. Moved? ^No Yes Unknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B70. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: Circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Smedley House is architecturally significant as an intact and representative example of the Mission/Spanish Colonial Revival style. City of Santa Ana records indicate that the house was constructed in January 1927 for Roland Dye for a total cost of $6,600. Mr. Dye, an executive with the Orange County Council of the Boys Scouts of America, resided in the house with his wife Ruby until 1928. Between 1929 and 1930, city directories indicate that the house was owned by Ralph C. Smedley, a prominent Santa Ana resident who founded the first Toastmasters Club in Santa Ana in 1924-then founded Toastmasters International in 1930, when he was listed as owner of this house with his wife Frances. By 1935, the ownership had shifted to Hiram Currey, an eye, ear, nose, and throat doctor with an office at 311 S. Main, and his wife Ruth. The Curreys owned the house until at least 1941. In subsequent decades, ownership of the house shifted on multiple occasions. (See Continuation Sheet 3 of 3.) 611. 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 Sketch Map (See Continuation Sheet 3 of 3.) B13. Remarks: *614. Evaluator: Leslie J. Heumann *Date of Evaluation: September 25, 2006 (This space reserved for official comments.) DPR 5236 (1/95) *Required information 25~f~7 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) Smedley House 'Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date September 25, 2006 0 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 doffed with widely scattered farmhouses. The Smedley House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (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 EI Toro Marine Base during World War ll, 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 (2006) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Smedley House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of the Mission/Spanish Colonial Revival style. Typical features of this style illustrated by the house include its low-pitched, the-roof with shallow eaves; stucco cladding with sparse ornament,• its L- shaped plan and courtyard; and ifs arched tripartite window and exposed clay pipe ends on the front gable. Additionally, the house has been categorized as Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an example of the Mission/Spanish Colonial Revival style `is a good example of period architecture." Character-defining exterior features of the Smedley House that should be preserved include, but may not be limited to, materials and finishes (stucco and wood); roof configuration and detailing; original windows and doors where extant; architectural details such as exposed clay pipe ends and awnings. *612. 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 fo 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. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Franklin, Don. `NW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room Historic House File, circa 1995. Santa Ana and Orange County Directories, 1932-1954. DPR 523E ^ ~~~~ MILLS ACT AGREEMENT 2102 North Ross 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 20, 2006 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 Robert W. and Judith M. Johnson, (hereinafter referred to as "Owner"), owner of real property located at 2102 North Ross 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 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 2102 North Ross 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- ~92 MILLS ACT AGREEMENT 2102 North Ross 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 20, 2006, 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- 25E-10 MILLS ACT AGREEMENT 2102 North Ross 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- 25E-11 MILLS ACT AGREEMENT 2102 North Ross 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 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 %) 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 maybe 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 maybe 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-12 MILLS ACT AGREEMENT 2102 North Ross 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 subjects the Historic Property, located at 2102 North Ross Street, Assessor Parcel Number, 002-112-20, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Robert W. and Judith M. Johnson 2102 North Ross Street Santa Ana, CA 92706 -5- 25E-13 MILLS ACT AGREEMENT 2102 North Ross 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'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-14 MILLS ACT AGREEMENT 2102 North Ross 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: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Robert W. Johnson Date: By: Judith M. Johnson APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25E-15 MILLS ACT AGREEMENT 2102 North Ross Street Santa Ana, CA 92706 Exhibit A Lot 29 of Tract No. 788, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 23, Page(s) 49 inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County. Assessor's Parcel Number: 002-112-20 -g- 25E-16 MILLS ACT AGREEMENT 2102 North Ross 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: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25E-17 MILLS ACT AGREEMENT 2102 North Ross 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 - 25E-18 MILLS ACT AGREEMENT 2102 North Ross Street Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25E-19 MILLS ACT AGREEMENT 2102 North Ross Street Santa Ana, CA 92706 -12- 25E-20 MILLS ACT AGREEMENT 2102 North Ross Street Santa Ana, CA 92706 t.w-.; ~ ~-~. ;: ~:~_ -13- 25E-21 a z O Q 0 J W O O N O N .i.r L ''~-^-i VJ L.1.. i 0 O~ O J ' ^ ~ ~ ~ I a O ' I • ^ I O I • ^ I ' ^ ^ I I 0 z 25E-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-07 FOR THE PROPERTY LOCATED AT 902 SOUTH CYPRESS a ~ ~'" ~~z /~r L~t r~ J ~- 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 Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Mark S. Rivera and Julie D. Rivera for the structure located at 902 South Cypress Avenue. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Mark S. and Julie D. Rivera for the structure located at 902 South Cypress Avenue at its November 2, 2006 meeting by a vote of 7:0 (Chinn and Seeley absent). DISCUSSION After the public hearing on November 2, 2006, 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. 2006-07 November 20, 2006 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $88.43 to $442.16 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay M. Trevino [~rancisco Gutierrez Exe ve Director (~ Executive Director Planning & Building Agency Finance & Management Services Agency HS.rb hs\historic info\mills act agreements\902_S_Cyprese\hppa06-07.cc 25F-2 REQUEST FOR Historic Resources Commission Action ~asrowc RESOURC~.4 COnMI~SION nnl~wG GATE: NOVEMBER 2, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-07 FOR THE PROPERTY LOCATED AT 902 SOUTH CYPRESS HISTORIC RESOURCES OOMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske RECOMMI Recommend authorize agreement structure ' ~_ 1 Executive Director =NDED ACTION that the City the City Mana with Mark S. located at 902 DISCUSSION Request of Applicants Plannin Manager Council direct the City Attorney to prepare and ger and the Clerk of the Council to execute an and Julie D. Rivera, property owners, for the South Cypress Avenue. The applicants, Mark S. and Julie D. Rivera, property owners, request the approval of Historic Property Preservation Agreement No. 2006-07 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a one-story residence and a detached garage located at 902 South Cypress Avenue. The property is within the Eastside 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 to 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. EXHIBIT A 25F-3 L HPPA No. 2006-07 November 2, 2006 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Key in September 2002 by the Historic Resources Commission (Exhibit 1). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2) A review of the property indicates that this Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this pro-iect. ~' ~ ~__. Ha ly S oleske Associate Planner HS j m hs\historic info\mills act agreements\902_S_Cypress\hppa06-07.hrc 25F-4 EXECUTIVE SUMMARY CLOTHIER HOUSE 902-904 South Cypress Avenue Santa Ana, CA 92701 NAME Clothier House REF. NO. ADDRESS 902-904 South Cypress Avenue CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT Circa 1905 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Eastside NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE SS1 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). A "Classic Box" variant of the Colonial Revival style was popular circa 1894 to 1910 and was generally characterized by two-story box-like massing, a hipped roof (often with centered dormers), boxed eaves, a full or partial front porch with columnar roof supports, and Colonial Revival detailing. SUMMARY/CONCLUSION: The Clothier House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as an intact and representative example of the distinguishing characteristics of the Classic Box variant of the Colonial Revival style typical of Santa Ana in the years just after the turn of the twentieth century. Additionally, the house has been categorized as "Key" for its "distinctive architectural style" as an example of the Classic Box variant of the Colonial Revival typical of the first decade of the twentieth century (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) 551: Not eligible for the National Register but of local interest because the resource is eligible for listing under an existing local ordinance. EXHIBIT 1 2~5 State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary #. HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page ~ of ~ Resource name(s) or number (assigned by recorder) Clothier House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Ouad TCA 2555 Date: *c. Address 902-904 South Cypress Avenue City Santa Ana Zip 92701 *e. Other Locational Data: Assessor's Parcel Number 011-051-29; RECORD SURVEY MC FADDEN & WILSON TR LOT 1 N 70.94 FT *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Exhibiting the Classic Box variant of the Colonial Revival style, this two-story house is crowned by a hipped and gabled roof with boxed eaves and a plain entablature. Narrow clapboard trimmed with comer boards sheathes the exterior of the structure, which rests on a raised, red brick foundation. Closed gable ends face front (east) and north, and contain square vents. Beneath the front gable, the projecting south half of the fagade features a pair of double-hung sash windows centered on the upper story and a single window on axis in the lower story. Other windows are primarily wood-framed, double-hung sash with molded sills arranged singly or in pairs. Tucked info the space north of the projecting wing, the front porch is defined by a hipped roof supported by Ionic columns that sit atop closed, clapboard-sided railings. Slightly offset from center, the entry consists of a five-panel door into which a window has been set. A second entry, also a five-panel door, is located to the north and appears to be an alteration. Small additions are also visible on the north and south elevations. Despite these changes, and conversion to a triplex in the 1930s, the house retains a high degree of integrity and is in good condition. A one-story, flat-roofed garage to the rear of the house does not contribute fo the historic signit-cance of the property. *P3b. Resource Attributes: Gist attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other PSb. Photo: (view and date) East elevation August 2002 *P6. Date Constructed/Ageend Sources: ^historic Circa 1915 *P7. Owner and Address: GJG Real Estate Investment LLC 1675 Blue Bird Canyon Drive Laguna Beach, CA 92651 *P8. Recorded by: Leslie J. Neumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: September 9, 2002 *P10. Survey Type: Intensive Survey Update None. *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) ~ ~ c 2 ~~ *P11. Report Citation: (Cite survey report and other sources, or enter "none") State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page L of 4 Resource Name or # (Assigned by recorder) *Recorded by Planning Department -City and County of San Francisco *Date DPR 523A (1/95) D Continuation ^ Update *Required information DPR 523E ~ ~J 2~iOf~S/ State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page z or s *NRHP Status Code 5S1 *Resource Name or #: Clothier House B1. Historic Name: Unknown B2. Common Name: Clothier House B3. Original Use: Single-family Residence 64. Present Use: Multi-family-Residence (Triplex) *65. Architectural Style: Colonial Revival *66. Construction History: (Construction date, alterations, and date of alterations): Constructed circa 1905. March 3, 1920. Screen porch repairs. April 11, 1929. Alterations to garage. Circa 1930. House converted to a triplex July 8, 1938. Glass in side porch. October 31, 1938. Reroof. June 21, 1947. Recreation room. June 7, 1991. Demolish patio cover and storage room. *B7. Moved? ^No DYes DUnknown Date: *Bt3. Related Features: Original Location: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 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 Clothier House is architeciurallysignificant as arepresentative example of the Classic Box variant of the Colonial Revival style. Based on the style, it is estimated that the house was constructed circa 1905, although the Santa Ana City Directories prior to 1915 do not list the address. The 1915 directory indicates that Bema! G. Clothier, a carpenter, and his wife Myrtus, were the resident owners. In 1916, William P. Davis and his wife Irene occupied the house, followed in 1918 by schoolteacher and widow Kate Montgomery. (See Continuation Sheet 3 of 3.) 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 3 of 3.) B13. Remarks: *614. Evaluator: Leslie J. Heumann *Date of Evaluation: September 9, 2002 (This space reserved for official comments.) Sketch Map Clothier House 902-904 S. Cypress Avenue .~ ,•I ~ R.S. ~ r-54 I ~ a l7 ~ I ~o ,. I !„ .p ~ ~~ ~, ~I ~ ~~ ~x.se~ I sa I I ~o ~ ~ I ~ 1. w v 0 S ~ `' N• ' aNi cNti Oy w ~ ~ so~ c ~ ~ . DPR 5238 (1/95) *Required information 2 ~ of~ 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) Clothier House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date September 9, 2002 ^O Continuation ^ Update *610. Significance (continued): Located southeast of downtown Santa Ana, the Eastside neighborhood is bounded by First Street on the north, McFadden Avenue on the south, Standard Avenue on the east and Main Street on the west. Situated south of the tract purchased by William Spurgeon in 1869 and recorded as original town of Santa Ana in 1870, the neighborhood's beginnings date fo the same period. In 1868, Nelson O. Stafford and Columbus Tustin, both from Petaluma, California, purchased 1359 acres of the Rancho Santiago de Santa Ana south of what would become First Street. The following year, the two men split the property, with Mr. Tustin obtaining 703 acres of the eastern portion upon which he founded the town of Tustin in 1870. Stafford's western acreage, thereafter called the Stafford Tract, lay south of First Street, east of Main Street, and north of McFadden Street, the area now known as Eastside. After selling a portion of this property, Nelson Stafford settled on his land in 1873, building a large house for his young wife and their children. Stafford died in 1878, and his widow, Amanda, opened the house fo boarders, one of whom was Robert James Blee, formerly of Pennsylvania. In 1880, Blee bought 36 acres of land of the corner of First and Main Streets from Mrs. Stafford, including the Stafford residence. Blee married Amanda Stafford in 1882. Monroe David Halladay was another pioneer who made a significant contribution to the development of the Eastside neighborhood. Halladay came from Michigan to Santa Ana in 1876 for health reasons and purchased 20 acres from Nelson Stafford. Halladay built his first home in 1877 on East First Street, surveying and selling a few lots of his property but never platting it. In 1887, Chestnut, Pine, and Walnut Streets were laid out on his land, then, in 1888, Halladay sold ten acres of the property. On his remaining ten acres he grew raisins, walnuts, and apples. Also in 1888, Halladay built and occupied the magnificent Stick/Eastlake (Late Victorian) house that still stands on the southwest corner of East Chestnut and Halladay Streets. An 1887 map of Santa Ana, drawn a year after Santa Ana's incorporation as a city, documents the early growth of the neighborhood, with house-sized lots lining both sides of Cypress Street and the west side of Orange Avenue between First and Chestnut Streets as well Walnut, Pine, and Chestnut Streets between Maple and Hickory Streets. The remainder of the Eastside area was divided into large parcels owned by Blee, Halladay, his elder brother, banker Daniel Halladay, and others. Maps drawn in 1898 and 1913 reveal that. the neighborhood had expanded to south, with additional subdivisions along Cypress and Orange platted during this period. As a result of this pattern of development, the northwestern section of the neighborhood was improved with homes in the Victorian era Queen Anne and Eastlake styles. Colonial Revival turn-of-the- cenfury residences and later Craftsman bungalows followed in the southwest portion of the neighborhood. The southeastern section of the neighborhood was the last portion to be subdivided and was initially developed in the 1920s, with the Craftsman, Colonial Revival, Tudor Revival, and Spanish Colonial Revival styles predominating. Post World War ll construction consumed the remaining unimproved land. Despite unsympathetic inh/l, dating primarily to the last quarter of the twentieth century, and inappropriate alterations, the Eastside neighborhood retains numerous intact examples of residences from the signifrcant period of its development which occurred between 1873, when Stafford built his house (no longer extant), and 1931, when construction tapered off as a result of the Great Depression. The Clothier House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as an intact and representative example of the distinguishing characteristics of the Classic Box variant of the Colonial Revival style typical of Santa Ana in the years just after the turn of the twentieth century. Additionally, the house has been categorized as `Key" for its distinctive architectural style qualify. Characteristic features of the Classic Box variant include the hipped and gabled roof with boxed eaves, front corner porch, Ionic columns, double-hung sash windows, and clapboard sheathing. Character- defining exterior features of the Clothier House that should be preserved include, but may not be limited to: cladding (clapboard); roof confrguration; massing; windows and doors, porch; and architectural detailing such as window surrounds and porch supports. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Hisforv. 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. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Armor, Samuel, editor. Historv of Orange County. California. Los Angeles: Historic Record Company, 1911. W.P.A. Research Project #3105, Orange Countv California Bioaranhies. Santa Ana: Board of Education, 1937. Pioneer Memories of the Santa Ana Vallev Vol. V: Amanda Jane Harmon Pioneer 1849-1940. Santa Ana City Directories: 1901, 1905, 1906, 1915, 1916, 1918. DPR 523E 25~~9 MILLS ACT AGREEMENT 902 South Cypress Avenue Santa Ana, CA 92701 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this November 20, 2006 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 Mark S. and Julie D. Rivera, (hereinafter referred to as "Owner"), owner of real property located at 902 South Cypress Avenue, Santa Ana, California, 92701 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 902 South Cypress Avenue, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- n ~~ L1 MILLS ACT AGREEMENT 902 South Cypress Avenue Santa Ana, CA 92701 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 20, 2006, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25F-11 MILLS ACT AGREEMENT 902 South Cypress Avenue Santa Ana, CA 92701 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view comdor 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-12 MILLS ACT AGREEMENT 902 South Cypress Avenue Santa Ana, CA 92701 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %) 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 maybe 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 maybe 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-13 MILLS ACT AGREEMENT 902 South Cypress Avenue Santa Ana, CA 92701 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 902 South Cypress Avenue, Assessor Parcel Number, 011-051-29, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza {M-30) Santa Ana, CA 92702 Owner: Mark S. and Julie D. Rivera 22761 Sweet Meadow Mission Viejo, CA 92692 -5- 25F-14 MILLS ACT AGREEMENT 902 South Cypress Avenue Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and 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-15 MILLS ACT AGREEMENT 902 South Cypress Avenue Santa Ana, CA 92701 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Mark D. Rivera Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney By: Julie D. Rivera -~- 25F-16 MILLS ACT AGREEMENT 902 South Cypress Avenue Santa Ana, CA 92701 Exhibit A That portion of Lot 5 of McFadden-Wilson Tract, in the City of Santa Ana, County of Orange, State of California, as shown on a map recorded in Book 21, Page 91 of Miscellaneous Records of Los Angeles County, California, Described as follows: Beginning at the west line of Cypress Avenue, as described in a deed recorded in Book 9, Page 197 of Deeds, at the intersection of said line with the north line of said Lot 5, Thence running west on the north line of said Lot 5, a distance of 107 feet; Thence south, parallel to the west line of said Lot 5, a distance of 125' 11.26"; Thence east, parallel to the west line of Cypress Avenue, 125' 11.26" to the point of beginning. Excepting therefrom the south 55 feet. Assessor's Parcel Number: 011-051-29 -s- 25F-17 MILLS ACT AGREEMENT 902 South Cypress Avenue Santa Ana, CA 92701 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25F-18 i MILLS ACT AGREEMENT 902 South Cypress Avenue Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -io- 25F-19 MILLS ACT AGREEMENT 902 South Cypress Avenue Santa Ana, CA 92701 Exhibit C (photographs attached) -11- 25F-20 MILLS ACT AGREEMENT 902 South Cypress Avenue Santa Ana, CA 92701 -12- 25F-21 Q Z O Q 0 0 0 ~. W a W V H O N O U i . ~ ~ ~ ~ ~ ~ ~ ' a 3 ~ M ~ O o o o ~ . i • I .~. 0 z 25F-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-08 FOR THE PROPERTY LOCATED AT 2424 NORTH VALENCIA AVENUE ~ ~~ CF CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Michael Bishop and Pamela Bishop for the structure located at 2424 North Valencia Avenue. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Michael Bishop and Pamela Bishop for the structure located at 2424 North Valencia Avenue at its November 2, 2006 meeting by a vote of 7:0 (Chinn and Seeley absent). DISCUSSION After the public hearing on November 2, 2006, 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. 25G-1 HPP Agreement No. 2006-08 November 20, 2006 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $90.34 to $451.70 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: J y M Trevino Ex tive Director Planning & Building Agency /`~rancisco Gutierrez ~fi~ Executive Director V Finance & Management Services Agency HS:rb ha\hiatoric info\milla act agreements\2424_N_Valencia\hppa06-08.cc 25G-2 REQUEST FOR Historic Resournes Commission Action wsrowc RESOURCES C.ONIUISSpN n~TwG ~-~: NOVEMBER 2, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-08 FOR THE PROPERTY LOCATED AT 2424 NORTH VALENCIA AVENUE HISTORIC RESOURCES COMMISSION SE(~ErARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske r ' '1 ~.7 _L_ ~ Executive Director ~~~ Planning anager RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Michael and Pamela Bishop, property owners, for the structure located at 2424 North Valencia Avenue. DISCUSSION Request of Applicants The applicants, Michael and Pamela Bishop, property owners, request the approval of Historic Property Preservation Agreement No. 2006-08 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a one-story residence and a detached garage located at 2424 North Valencia Avenue. 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 to 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. EXHIBIT A 25G-3 HPPA No. 2006-08 November 2, 2006 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 2006 by the Historic Resources Commission (Exhibit 1). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2) A review of the property indicates that this Tudor Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. A ~ kC~ ~~~-- Ha ly S oleske Associate Planner HS j m hs\historic info\mills act agreements\2424_N_Valencia\hppa06-08.hrc 25G-4 EXECUTIVE SUMMARY CHARLES WAFFLE HOUSE 2424 N. Valencia Avenue Santa Ana, CA 92706 NAME Charles Waffle House REF. NO. ADDRESS 2424 N. Valencia Avenue CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS 1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®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 nineteenth century, the Tudor Revival was associated with some Craftsman era construction but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The Charles Waffle House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 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 example of the Tudor Revival style "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.) 551: Individual property that is listed or designated locally. EXHIBIT 1 255 State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary #. HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Date rage ~ or ~ Resource name(s) or number (assigned by recorder) Charles Waffle House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Duad TCA1667 Date: *c. Address 2424 N. Valencia Avenue City Santa Ana Zip 92706 `e. Other Locational Data: Assessor's Parcel Number 003-071-02 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one-story stucco-clad house displays signature features of the Tudor Revival style. Rectangular in plan, the house is primarily side-gabled, accented by two unevenly sized front gables with decorative half-timbering in the gable ends. The larger of the two front gables lops the south bay of the three-bay fagade. Adiamond-shaped vent pierces the gable end. The fagade below the gable is nearly filled by a large, shutter-framed, tripartite window. In the center bay, the smaller front gable tops the recessed entryway. Brick piers framing the entry appear to have been replaced. The north elevation of the entryway contains a small, round-headed, stained glass window set above a projecting ledge. A second tripartite window, also flanked by shutters, occupies the set back north bay of the facade. Casement windows are located to either side of a prominent, stucco-clad chimney on the north elevation. A series of double-hung sash windows of different sizes lines the south elevation, which also contains a bay window, a secondary entrance off a small porch, and a slender attic vent with a pointed head. A garage in the southwest corner of the prope-ty, which dates to the same period as the house, has been altered and is noncontributive. Additional alterations to the residence include the brick piers, new brick front walkway, and a storage room added to the back of the house. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) East elevation July 2006 *P6. Date Constructed/Age and Sources: ^historic 1927/City of Santa Ana Building Permits *P7. Owner and Address: Michael and Pamela Bishop 2424 N. Valencia Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D. Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: July 27, 2006 *P10. Survey Type: Intensive Survey Update None. *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) ~ ~4~ *Required information *P11. Report Citation: (Cite survey report and other sources, or enter "none") State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD rays c vi ~ "GIiR StatUS COde 5$1 *Resource Name or #: Charles Waffle House B1. Historic Name: Charles Waffle House 62. Common Name: Same 63. Original Use: Single-family Residence 64. Present Use: Single-family Residence *B5. Architectural Style: Tudor-Revival *Bti. Construction History: (Construction date, alterations, and date of alterations): Constructed 1927 February 9, 1927. Residence and garage. April 4, 1939. Reroof. June 16, 1961. Reroof. June 23, 1970. Addition to garage (storage and hobby room). November 10, 1997. Reroof with composition shingles. *B7. Moved? ^No Yes DUnknown Date: Original Location: *B13. Related Features: None. 69a. Architect: Unknown b. Builder: Honer, Herzig, and Farney *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1901-1954 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Charles Waffle House is architecturally notable as an intact and representative example of the Tudor Revival-style and is of historic interest as the home of Charles E. Waffle and his wife Myrtle. The house and garage, valued at $5,000 on the building permit, were built in 1927, at which time fewer than 10 residences had been constructed on the block. The owners listed on the permit, (Alison] Honer, Herizig and Farney, apparently developed the property and sold it. Bom in 1878, Mr. Waffle was a member of a prominent Orange County family. He was related to Edson Dwight Waffle, a livery stable owner (whose stable was in fhe 400 block of West Fourth Street in Santa Ana) and the second husband of Willella Howe-Waffle, Santa Ana's pioneering female doctor. Charles Waffle was a veteran of the Spanish-American War, a 50-year member of the Santa Ana Elks, and worked as an assistant manager of Wilshire Oil Company, Incorporated, based in Orange and Huntington Beach. Charles Waffle lived in the house until his death in 1965. (See Continuation Sheet 3 of 3.) 611. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: July 27, 2006 (This space reserved for official comments.) Sketch Map I t r RailU ;. ~ , Q.r o n ~ •~~ .o a b 2424 N. Valencia 003-071-02 ~ "•'•~ l:J ~ . ?~ 0 n ~~ DPR 5236 (1/95) *Required information 25~~7 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial rage s oT ;~ Resource Name or # (Assigned by recorder) Charles Waffle House *Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date July 27, 2006 l] 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 Charles Waffle House is located in the Park Santiago neighborhood, near the present northern city limits of Santa Ana and substantially north of the original city core. The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the 1-5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route. This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, "C Street' (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out but most residents continued to list "rancher" or "fruit grower" as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the Ciry, which illustrated two small, Craftsman-era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street with the remaining area divided into larger agricultural parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and carpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z.B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C.H. Chapman, 2315 North Santiago Streei), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single- familyhomes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War ll. The Charles Waffle House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Typical features of this style i/lustrated by the house include its gabled roof configuration, decorative half-timbering, casement windows, and prominent side chimney. Additionally, the house has been categorized as "Contributive" because it `contributes fo the overall character and history" of Santa Ana, and, as an example of the Tudor Revival style is a good example of period architecture." Character-defining exterior features of the Charles Waffle House that should be preserved include, but may not be limited to, materials and finishes (stucco, wood); roof configuration and detailing; original windows and doors where extant; chimney,• architectural details such as the half-timbering and attic vents in the gable ends. *612. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Hisforv. 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 Depf. 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. Orange County Plat Maps, 1912. Historic Maps, Santa Ana History Room, 1923, 1932, 1955. Santa Ana and Orange County Directories, 1926-1961. "Waffle Rites Set Thursday,"Santa Ana Register. July 27, 1965. DPR 523E 25~~8 MILLS ACT AGREEMENT 2424 North Palencia 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 20, 2006 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 Michael and Pamela Bishop, (hereinafter referred to as "Owner"), owner of real property located at 2424 North Valencia 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 2424 North Valencia 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- MILLS ACT AGREEMENT 2424 North Valencia 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 20, 2006, 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- 25G-10 MILLS ACT AGREEMENT 2424 North Valencia 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 ofcharacter-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- 25G-11 MILLS ACT AGREEMENT 2424 North Valencia 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 maybe 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 maybe 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- 25G-12 MILLS ACT AGREEMENT 2424 North Valencia 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 2424 North Valencia Avenue, Assessor Parcel Number, 003--071-02, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Michael and Pamela Bishop 2424 North Valencia Avenue Santa Ana, CA 92706 -5- 25G-13 MILLS ACT AGREEMENT 2424 North Palencia 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- 25G-14 MILLS ACT AGREEMENT 2424 North Valencia 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: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Michael Bishop Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney By: Pamela Bishop -7- 25G-15 MILLS ACT AGREEMENT 2424 North Valencia Ave. Santa Ana, CA 92706 Exhibit A Lot 2 in block C of Tract No 390, in the City of Santa Ana, County of Orange, State of Calfornia, as per Map Recorded in Book 15, Page(s) 37 of Miscellaneous Maps in the Office of the County Recorder of said County. Assessor's Parcel Number: 003-071-02 -8- 25G-16 MILLS ACT AGREEMENT 2424 North Valencia 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- 25G-17 MILLS ACT AGREEMENT 2424 North Valencia 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. -10- 25G-18 MILLS ACT AGREEMENT 2424 North Valencia Ave. Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25G-19 MILLS ACT AGREEMENT 2424 North Valencia Ave. Santa Ana, CA 92706 -12- 25G-20 MILLS ACT AGREEMENT 2424 North Valencia Ave. Santa Ana, CA 92706 -13- 25G-21 a z 0 Q O J 0 I-- 0 a. W Q Q V Z W J Q I- Z tt N N a~ a' ~U _N (~ i ~ a w O ' O ^ I ~ O O i I ' O I I ~ . . 0 Z 25G-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-09 FOR THE PROPERTY LOCATED AT 2042 NORTH ROSS STREET __,.~ / 1 I ./ ,~ ~ ~ ~ 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 Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Andrew J. McCracken and Gina C. McCracken for the structure located at 2042 North Ross Street. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Andrew J. McCracken and Gina C. McCracken for the structure located at 2042 North Ross Street at its November 2, 2006 meeting by a vote of 6:0 (O'Callaghan abstained, Chinn and Seeley absent) . DISCUSSION After the public hearing on November 2, 2006, 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. 25H-1 HPP Agreement No. 2006-09 November 20, 2006 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $108.04 to $540.22 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: GZ~`z~:Ca Jay Trevino ~,vFrancisco Gutierrez Ex utive Director ~ Executive Director Planning & Building Agency Finance & Management Services Agenc ~~ HS:rb hs\historic info\mills act agreements\2042_N_Ross\hppa06-09.cc 25H-2 REQUEST FOR Historic Resources Commission Action I~sroR~c RESOURCES u~ MEETING DATE: NOVEMBER 2, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-09 FOR THE PROPERTY LOCATED AT 2042 NORTH ROSS STREET Prepared by Hally Soboleske HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO ~-- ~ r.- Executive Director Planning anager RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Andrew J. and Gina C. McCracken, property owners, for the structure located at 2042 North Ross Street. DISCUSSION Request of Applicants The applicants, Andrew J. and Gina C. McCracken, property owners, request the approval of Historic Property Preservation Agreement No. 2006-09 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a one-story residence and a detached garage located at 2042 North Ross Street. The property is within the Floral Park 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 to 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. EXHIBIT A 25H-3 HPPA No. 2006-09 November 2, 2006 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 is to be placed on the local register and categorized as Contributive in November 2006 by the Historic Resources Commission (Exhibit 1). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2) A review of the property indicates that this Tudor Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the communi ty. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. ;. ~~2 Hally S oleske Associate Planner HS:jm hs\historic info\mills act agreements\2042_N_ROSS\hppa06-09.hrc 25H-4 EXECUTIVE SUMMARY BESSER HOUSE 2042 North Ross Street Santa Ana, CA 92706 NAME Besser House REF. NO. ADDRESS 2042 North Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows aze usually clustered in groups on the fagade and aze often multi-paned casement in type. Almost exclusively a residential style, English Revival buildings aze nearly always asymmetrical in composition. SUMMARY/CONCLUSION: The Besser House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of the English 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 example of the English Revival style in the Floral Pazk neighborhood "is a good example of period azchitecture" (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.) 551: Individual property that is listed or designated locally. ~ITc1 State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary #. HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Date s_ _~ ., • -a- v ~~ .~cova~.a.c uan~c~a) v~ IIUIIIUCf (a551gneO Dy reCOrCler) tfeSSBr HOUSe P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' quad Date: *c. Address 2042 North Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number Block: Lot: *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries This stucco-clad English Revival-style residence is one story in height and topped by aside-gabled roof with projecting, gabled wing on the north half of the facade. Steeply pitched, the L-shaped roof features patterned wood shingles, with rolled edges over the gables, meant to suggest thatching. An additional feature highlighting the Medieval roots of the English Revival/Tudor style is the use in the gables of unhewn logs, which are exposed at the end of the gables. The projecting wing features a fixed pane, floor-to-ceiling window with pinched arch, as well as an arched vent with narrow horizontal slats in the apex of the gable. The stucco finish on the projecting wing is otherwise uninterrupted by ornament. A front gable, whose shingled eaves repeat the design of the main gable, marks the primary entrance, which consists of a recessed wooden door enclosed in a molded archway. The north elevation features three wood-framed, three-over-three casement windows and an attached, brick chimney in the northeast comer. A bay window and French doors on the rear elevation, as well as a shed- roofed entryway in the southwest corner, appear nonoriginal. Additional alterations include a nonoriginal fence fronting the property and replacement doors on the original garage in the southwest comer of the property. The house appears substantially intact otherwise and is enhanced by mature trees and landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other PSb. Photo: (view and date) West elevation September 2006 *P6. Date; Constructed/Age and Sources: ^historic 19301Cify'of Sanfa Ana Building Permits = *P7. Ownef artd Addres& *P8. Recorded'by: L. Heuinatlra and D.HoweO Ardlla Sapphos ~r4rvlrnnmental, Ina' 133 Martin Alley Pasabena, Galifomia 91105 k;, . *P9, date, Recorded: September 25; .2006 `- *P10. Survey Type: Intensive'-Survey Update *P11. Report Citation: (Cite survey 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 ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) 2 ~~~ V *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD • -~-- = --• = -inn maws cone 55i *Resource Name or #: Besser House Bi . Historic Name: Besser House 62. Common Name: Same B3. Original Use: Single-family Residence 64. Present Use: Single-family Residence *65. Architectural Style: English-Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1930 March 31, 1930. Residence and garage constructed for $7,300. July 3,1933. Rebuild brick chimney. November 1, 1949. Unspecified alterations, $600. March 10, 1959. Addition of family room to residence, $1,500. February 10, 1983. Reroof. February 15, 1983. Reroof garage. May 10, 1990. Addition, extend bedroom and den on first floor (325 square feet), $22,425. *B7. Moved? ^No Yes Unknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Besser House is architecturally significant as an intact and representative example of the English Revival style. City of Santa Ana records indicate that the house was constructed in March 1930 for Katie A. Besser. The cost of construction was $7,300. When the improvement first appears in city directories in 1935, Katie Besser and husband William are listed as the owners; the Bessers remained in the house until at least 1945. By 1952, the property was owned by Henry Schlueter, an employee of the Pacific Plumbing Company, and his wife Faye, who remained in the house until the early 1960s. In subsequent decades, ownership of the residence shitted multiple times. (See Continuation Sheet 3 of 3.) 611. Additional Resource Attributes; :(List attributes and codes) *B12. References: Cify of Santa Ana Building Peimi#s ~ , Santa Ana History Room CoOecfion, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.J B13. Remarks: *B14. Evaluator: Leslie J. Neumann *Date of Evaluation: September 25, 2006 (This space reserved for official comments.) DPR 5238 (1/95) Sketch Map *Required information 25~b-~7 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial D~..n 7 wi 9 • -a- ~ -• - ncavu~~e ~9i1~OC yr 9f ~HSSignea uy recoraer) tfeSSer HOUSe "Recorded by Leslie J. Heumann and Deborah Howell Ardila *Date September 25, 2006 ~ 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 Besser House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (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 ce/ebrafed in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped fo 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 Wesf 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 (2006) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home fo many affluent and prominent citizens. The Besser House also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of the English Revival style. Typical features of this style illustrated by the house include its combination of stucco cladding with sparse ornament,• shingles with rolled edges; its gabled massing; and its emphasis on vertical features such as the medium-pitched gables. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history" of Santa Ana, and, as an example of the English Revival style `9s a good example of period architecture." Character-defrning exterior features of the Besser House that should be preserved include, but may not be limited to, materials and finishes (stucco, wood, and brick); roof configuration and detailing; original windows and doors where extant; chimney,• architectural details such as the shingles with rolled edges and arched entryway. *B12. 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. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Franklin, Don. `lVW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room Historic House File, circa 1995. Santa Ana and Orange County Directories, 1932-1954. DPR 523E w ~~~ MILLS ACT AGREEMENT 2042 North Ross 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 20, 2006 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 Andrew J. and Gina C. McCracken, (hereinafter referred to as "Owner"), owner of real property located at 2042 North Ross 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 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 2042 North Ross 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- ~~'Ffl BIl"2 MILLS ACT AGREEMENT 2042 North Ross 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 20, 2006, 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- 25H-10 MILLS ACT AGREEMENT 2042 North Ross 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 ofcharacter-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- 25H-11 MILLS ACT AGREEMENT 2042 North Ross 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 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 %) 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 maybe 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 maybe 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- 25H-12 MILLS ACT AGREEMENT 2042 North Ross 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 subjects the Historic Property, located at 2042 North Ross Street, Assessor Parcel Number, 002-112-21, 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. 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: Andrew J. and Gina C. McCracken 2042 North Ross Street Santa Ana, CA 92706 -s- 25H-13 MILLS ACT AGREEMENT 2042 North Ross 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'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- 25H-14 MILLS ACT AGREEMENT 2042 North Ross 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: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Andrew J. McCracken Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney By: Gina C. McCracken -7- 25H-15 MILLS ACT AGREEMENT 2042 North Ross Street Santa Ana, CA 92706 Exhibit A LOT 28 OF TRACT 788, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 23, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002-112-21 -g- 25H-16 MILLS ACT AGREEMENT 2042 North Ross 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: 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- 25H-17 MILLS ACT AGREEMENT 2042 North Ross 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- 25H-18 MILLS ACT AGREEMENT 2042 North Ross Street Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25H-19 MILLS ACT AGREEMENT 2042 North Ross Street Santa Ana, CA 92706 -12- 25H-20 MILLS ACT AGREEMENT 2042 North Ross Street Santa Ana, CA 92706 -13- 25H-21 a Q z 0 a 0 J 0 I- I-- W W H V~ H 0 Z N O N L ~--r 0 ~ a - • . ~ ~ ~> ~ . ~o O ~~ • I I ' I I ..~. 0 z 25H-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: AGREEMENT AMENDMENT WITH THE FRIENDS OF THE SANTA ANA ZOO '~ ,, CI ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement amendment with the Friends of Santa Ana Zoo, extending their current agreement and providing additional terms and conditions. DISCUSSION The Friends of Santa Ana Zoo is a nonprofit 501(c)3 agency, which was incorporated in 1982 as the Friends of the Children's Zoo and later as the Friends of the Santa Ana Zoo. Their purpose is to market and solicit charitable donations to support the operation, maintenance and expansion of the Santa Ana Zoo at Prentice Park. The Friends coordinate many planning and fundraising efforts, including the annual Boo at the Zoo and Zoofari events, and provide staffing and maintenance for the Zoofari Express Train Ride and the Zoo Gift Shop. This agreement amendment will provide additional terms and conditions that address the concession operation, facility rentals, insurance requirements and revenue sharing. The Parks, Recreation and Community Services Agency anticipates receiving approximately $20,000 in annual revenue from the Friends of Santa Ana Zoo, which will help fund veterinary services, operations and maintenance. This amendment also provides for annual review of the agreement, as recommended by the Association of Zoos and Aquariums. 251-1 Amendment with the Friends of the Santa Ana Zoo November 20, 2006 Page 2 FISCAL IMPACT Revenue from this agreement will be deposited in the Recreation Special Fees and Donations account (account no. 22-01-5798) to help fund Zoo operations and maintenance. APPROVED AS TO FUNDS AND ACCOUNT: ,~_~~~ Gerardo Mouet Executive Dire or, Parks, Recreation, and Community Services Agency J -- ~~rancisco Gutierrez Executive Director, Finance and Management Services' Agency 251-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 20, 2006 TITLE: AGREEMENT WITH THE POLICE OFFICERS ASSOCIATION, SANTA ANA MANAGEMENT ASSOCIATION, AND SERVICE EMPLOYEES INTERNATIONAL UNION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ P./~ -_ . _. ~.~. ~~rpc. ~ '1 ~'~ - CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize Clerk of the Council to execute an agreement with Association (POA), Santa Ana Management Association Employees International Union (SEIU) regarding wage conditions of employment. DISCUSSION the City Manager and the Police Officers (SAMA), and Service s and other terms and The City and the Police Officers Association (POA), Santa Ana Management Association (SAMA), and Service Employees International Union (SEIU) recently completed contract negotiations resulting in a two-year contract extension. This extension period covers July 1, 2008 through June 30, 2010. The provisions of the agreement are as follows: BENEFIT POA SAMA SEIU Salary July 1, 2008 = 4o Same as POA Same as POA Increase January 1, 2009 = 2.50 July 1, 2009 = 40 January 1, 2010 = 2.50 Medical January 1, 2007 = 8o January 1, 2009 = Same as SAMA Premium increase per employee; Maintain Kaiser Contributions January 1, 2008 = California CalPERS HMO Provide equivalent rates during term of percentage increase agreement based upon Kaiser California CalPERS HMO rate changes during term of agreement 25J-1 Agreement with POA, SAMA, and SEIU Contd. November 20, 2006 Page 2 of 2 BENEFIT POA SAMA SEIU Dental January 1, 2010: $10/ January 1, 2009: $10/ Same as SAMA Premium month increase per month increase per Contributions employee during term employee during term of agreement of agreement Retiree Fiscal Year 2008-09: Fiscal Year 2008-09: Same as SAMA Health Increase of .250 of Increase of .400 of Subsidy annual bargaining unit annual bargaining unit payroll, including payroll, including premiums (excluding premiums (excluding overtime) during term overtime); of agreement Fiscal Year 2009-10: Increase of .350 of annual bargaining unit payroll, including premiums (excluding overtime) Ca1PERS Union/Association Same as POA Same as POA Retirement Contribution: Formula July 1, 2007 = 2.0% July 1, 2008 = Add'1 2.0% (total of 4%) July 1, 2009 = Add'1 2.3% (total of 6.30) Amend Ca1PERS contract for new retirement formula, effective January 1, 2009 FISCAL IMPACT Funds are available in the affected departmental accounts: Salary account (Object Code 6111) and Benefits account (Object code 6171). Estimated total cost for the first year of the Agreement is $184,680. APPROVED AS TO FUNDS AND ACCOUNTS: ~~LEnrique J. Alva ,© Executive Director Personnel Services Department Francisco Gutierrez Executive Director Finance & Management Services Agency 25J-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: AMEND AGREEMENT WITH CITCOM, INC. FOR CONSULTING SERVICES + • . -y ,...-.. .,~ ~.4 CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to amend the agreement with CitCom, Inc. to provide additional consulting services, increasing the compensation by $100,000 for a total aggregate not to exceed $375,000. DISCUSSION On September 7, 2004, the City Council approved an agreement with CitCom Inc. for consulting services related to the Police Department's implementation of technology initiatives to upgrade the Computer-Aided- Dispatch, the Jail Management, and the Mobile Booking systems as well as the Wireless Reporting for patrol officers. These initiatives are funded through three grant awards from the Department of Justice, Office of Community Oriented Policing Services (COP). In order to assist in meeting grant and operational goals, additional consulting services from the current provider, CitCom, are required. In addition, the Fire Department is currently implementing numerous technology initiatives, which require additional consulting services from CitCom as well. Projects include Mobile Data Computing, a new Computer- Aided-Dispatch system and an enhanced Geographical Information System (GIS) . 25K-1 Agreement Amendment for Consulting Services November 20, 2006 Page 2 FISCAL IMPACT Funds are available in the Police Information Systems, Other Contractual Services Account (account no. Olt-338-6291) in the amount of $20,900, and the Fire Department's Fire Alarm and Communications, Other Contractual Services Account (account no. 11-322-6291), in the amount of $79,100. APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~'L Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 25K-2 REQUEST FOR COUNCfL ACTfON CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: AMEND PROFESSIONAL SERVICES AGREEMENT WITH HYGIENE TECHNOLOGIES INTERNATIONAL,INCORPORATED CITY N~ANAGER ' 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 Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amended agreement with Hygiene Technologies International, Incorporated to conduct industrial hygiene studies for an additional $100,000. DISCUSSION The City utilizes Hygiene Technologies International, Incorporated (HygieneTech) to provide comprehensive occupational health and safety services. HygieneTech conducts periodic industrial safety engineering, indoor air quality, noise assessment and control, industrial ventilation, asbestos and lead identification, health and safety training, environmental air monitoring, and regulatory compliance. The City's current agreement with HygieneTech expires on June 30, 2007. CalOSHA requires the City to conduct air quality surveys in City facilities when environmental conditions warrant. The City has successfully contracted with HygieneTech on various occasions to conduct air quality surveys in the City's Main Library, Animal Care Shelter, and the Parks, Recreation & Community Services Administration building. They have also provided technical information relating to lead testing at the Police Department's firing range. The current assessments include indoor clearance surveys and mold remediation for assessment surveys for three departments and survey in City Hall. Additional money i projects. air quality improvements, eight fire stations, noise a general indoor air quality s needed to conclude these 25L-1 HYGIENE TECHNOLOGIES INTERNATIONAL, INCORPORATED November 20, 2006 Page 2 FISCAL IMPACT Funds are available in the Liability & Property Insurance Fund (account no. 80-180-6191) and the Workers' Compensation Fund (82-178-6191) to pay for services up to $100,000. APPROVED AS TO FUNDS AND ACCOUNTS: -e ~~ C i~c~u~ ique r'Alva Francisco Gutierrez Executi Direc executive Director Personn 1 Servi s Finance & Management Services Agency 25L-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: AGREEMENT TO PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER-RELATED ISSUES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 sc Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a two-year agreement with the Municipal Water District of Orange County to provide water-related educational services to Santa Ana schools in an amount not to exceed $20,000 per year. DISCUSSION The City has been offering a water education program to Santa Ana schools since 1996. This program has been developed and made available to grades kindergarten through high school through a contract with the Municipal Water District of Orange County. The program consists of visits to the schools to give presentations, complete with visual aids and handouts. The program has been recognized for excellence, well received by the schools in Santa Ana, and is a recognized component on the list of best management practices for insuring acceptable levels of water conservation. In order to continue to provide this excellent program to all schools, staff recommends that $20,000 per year be approved for a two year period for funding of this program. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25M-1 Agreement to Provide Educational Services to Santa Ana Schools November 20, 2006 Page 2 FISCAL IMPACT Funds for the present fiscal year in the amount of $20,000 are available in the Water Quality and Measurement Fund (account no. 64- 578-6251). Funds for the second year of the program will be budgeted in the 07-08 proposed budget. APPROVED AS TO FUNDS AND ACCOUNTS: c~ \~~~ Francisco Gutierrez Executive Director G~' Finance & Mgmt. Services Agency 25M-2 Public Works Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: AGREEMENT WITH DMJM HARRIS - AECOM FOR ENGINEERING SERVICES FOR FIRST STREET BRIDGE WIDENING (PROJECT 06- 1723) /- CITY NrANAGER ~ ECOMMEND 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 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with DMJM Harris - AECOM for engineering services in the amount not to exceed $1,038,800 for widening of First Street Bridge over the Santa Ana River. 2. Approve an appropriation adjustment accepting funds in the amount of $1,150,660 from the California Department of Transportation (Caltrans) into the Federal Highway Bridge Replacement Program Fund (account no. 59-O1-5343) and appropriating funds to the Select Street Construction Fund (account no. 59-551-6631). DISCUSSION The First Street Bridge over the Santa Ana River currently consists of two lanes in each direction. Adjacent roadway segments have three lanes in each direction. Improvements will include widening the bridge to accommodate three lanes in each direction. The proposed widening will also enhance public safety by providing sidewalks on the north and south side of the bridge. The City submitted applications to the Orange County Transportation Authority (OCTA) under the Growth Management Area and Master Plan of Arterial Highway programs as well as Caltrans under the Highway Bridge Rehabilitation and Replacement (HBRR) program and received approval for funding to widen First Street Bridge. OCTA and Caltrans are providing funding for the design, right-of way acquisition and construction phases of the project. Staff is requesting the appropriation adjustment to recognize the awarded HBRR design funds totaling $1,150,660. 25N-1 Agreement With DMJM Harris - AECOM For Engineering Services For First Street Bridge Widening November 20, 2006 Page 2 Staff has solicited proposals for engineering services for the widening of the First Street Bridge. Qualified firms were contacted and four firms submitted proposals. Personnel from the Public Works Agency evaluated the proposals. Each firm was rated according to its qualifications, past experience and capacity to perform the required work. The fee proposals for the top two firms were opened. The ratings for all four firms and fees for the top two firms are as follows: SCORE FEES DMJM Harris - AECOM 95 $989,332 The HNTB Companies 94 $1,053,833 Willdan & Associates 79 IDC Consulting Engineers, Inc. 60 Because of the experience of key personnel, client satisfaction, a competitive fee proposal and their score, it is recommended that the firm of DMJM Harris - AECOM be retained to perform the required services in the not-to-exceed amount of $1,038,800, which includes a 5% contingency. ENVIRONMENTAL IMPACT In accordance with CEQA, the proposed request is not considered a project. Separate environmental documentation will be prepared for the bridge widening project. FISCAL IMPACT Funds are available in the Measure M Street Construction Fund (account no. 32-551-6631, project no. 06-1723) and the Select Street Construction Fund (account no. 59-551-6631, project no. 06-1723). APPROVED AS TO FUNDS AND ACCOUNTS: ' v4 James G. ss Executive Director Public works Agency \\ ~ l .~ ~ •`1~ o Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency/f 25N-2 tn"1 ro '~]~ W H V1y HyY' G1o i y y0 ~ [+7 Cq :v onyx xxrn lam I q q ~1 hl C y r '.il' H M [+] H~ I y K ..-. r C9 x1 ~ C4 vl W ~7 r I p7 cnro oc., to z~n cyn cca7 G].o I q~tnP7 Cq-IH~ HcHi~l~io~~13z~o i ~ y0[nz ycnq 07 stn C7 xl to 1 zloG] y orzgwH q~ 1 mr5x 3,ETCH Cta aorox I z +< ~HOO~Onr~n~COxox 'y,.[.'N I-3 £x N-r CC C<<7H ~y 7rodE yz~4~ H ~ V ~ ~ Z 3 ~ [ f x A I -. 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LTJ$GI SO H rn y[~f ~O OC]~^<rUIH~ w OtV H xt<]~ooHHrcaze~ otyxlz ~ o C v~ i o H ty~Z+ y j x z v~ i i cy7. n, I ~- I x m y Z H [O+ 1 Z ~7a'1 q ~47oO~oq ~00~ ~x to x~~~~ z xzl~+ C7 v~ in ~Gq ~+ y y [ ] - C1 ;u ynNi~ ZZStxV ~ +Ik tny2 ~y~Ox lCy7 Hyr S%7°~ v"', ~n y~M 1~iCoo y~~~lri o cH]x~ C m [s] H q N p7 r C H eoa cn O 1ri ty*~ N 7OroOa y H ~q~A roz[~'y-I ta:1 n~y ~ynCr1 4+ [~q"1 O C] C z 'V y A M y zC o0 C ~ ~ b y ~~ y ~ to o N ~ 7c x ro 0 1 r N i q 1 ~ N I o I IP 1 y q r C SC~c~++~~ H aiC z r~ trrJ H °z x N L*1 r 1 --~ 1 1 I ro .P 1 is J 01 I $O w i wmtn 1 O OO 1 O 111 W 1 cl w ~ wwo ~i (~] N I N N O l y O~ 1 O~ O~ O I 1 I n 0 1 0 0 0 1 0 0 1 0 0 0 1 N 1 1 y r 1 r I 1 1 '><] r 1 r rn to 1 Li] V1 1 tJl N N 1 ('~ O 1 O OD N 1 [s) 1 1 rn l a rn o 1 rn l rn rn o I r o l o 0 0 l 1 1 (7 o l o 0 0 l p o I o 0 o I y 1 1 y 0 0 0 0 0 0 0 q n C] y y W CC fn t73'.yroY~C ~roroO^7 I~-I ~W m H H O ro C 0[a7 (n Imp O L~r•J 'r0 0 ~y yz ro [U ~ y Z y c, '=f rnJ l'09C~y1-I ~tl RK77~Kq Oy~eOq SI ~C"N~U 'T~J ~b r q O O ~ ~ .ro q A (7 N O O] I ~q U7 rN~xN~ [~7 ~ yqy ~ o Y[o~7 zy~ `~ o x' y x C~HEC~nC7oHO~ HbzHHHO'v' Gl0 [~ ro q q ,~ ~ z ca ro ~~z-zz~ fn-fn O V] O P] O z ` y ~ x H O O ~ H 0 o M y O O C H ~ z° ~ Hz ro nAC1A v~y00 Nb Cn [Cs1 [~] Cn ~1--r ~nbo~'r"°a Cn O1x-~x tnAZ$ O H ~oo H n y y fy-1 °z ro e° '~ q < 0 m m O C x b G7 0 q H CU q r H ~p H C O '+1 y ro O b y O z 25N-3 25N-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVF.N~ER 20, 2006 TITLE: AGREEMENT WITH SANTA ANA UNIFIED SCHOOL DISTRICT FOR USE OF MEMORIAL PARK POOL CI MANAGER RECOMMENDED ACTION Direct the City Attorney Clerk of the Council to School District for the u DISCUSSION 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 to prepare and authorize the City Manager and execute an agreement with the Santa Ana Unified se of Memorial Park pool. This school year, the Santa Ana Unified School District is renovating Valley High School. For one year, the students have been temporarily moved to the new Hector Godinez High School, which does not have an aquatics facility. The School District has requested the use of Memorial Park pool to conduct the Valley High swimming and water polo programs. This agreement will allow for the School District to continue their aquatics programs for the remainder of the school year. The School District will pay the City $4,500 per month for utilities, a $3,000 deposit, and a facility usage fee of $4.56 per hour. FISCAL IMPACT Revenue from this agreement will be deposited in the Recreation Facility Rental revenue account (account no. 11-01-5805). APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet, Executive Dire for Parks, Recrea on Community Services ~~n'ancisco Gutierrez, Executive Director and Finance and Management Service-~ Agency Agency 250-1 250-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: AGREEMENT WITH CCN USA TO PROVIDE A COMMUNITY MARKETING AND OUTREACH SYSTEM CI 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 Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a three-year agreement with CCN USA to provide a 10-screen community marketing and outreach system in an amount not to exceed $242,075. DISCUSSION On February 23, 2006, 19 Requests For Proposals (RFPs) were issued to video production companies, requesting proposals for a 20-screen community marketing and outreach system. The RFP specification provided for the installation, maintenance and operation of 20 plasma screens at strategic locations throughout the City to market and promote the City's key attractions, cultural assets and recent accomplishments. A pre-proposal conference was conducted on March 1, 2006 and five vendors responded to the RFP. Avidd Electronics, CCN USA, Keycode Media, REO Digital and TV Magic each submitted proposals for review. A six-member evaluation committee consisting of representatives from the Police Department, City Attorney's Office, Community Development and the Parks, Recreation and Community Services Agency evaluated and rated the five proposals. The proposals submitted by CCN USA and Keycode Media were most responsive to the RFP. The committee visited the business offices of CCN USA and Keycode Media where they viewed the screens and the process for creating, updating and managing content. In addition, the committee provided sample Santa Ana program content to CCN USA and Keycode Media and requested sample 30-minute loops from both vendors. Both CCN USA and Keycode Media performed well in these areas and were asked to submit best and final offers for 20-screen and 10-screen proposals. CCN USA and Keycode Media both submitted responsive, competitive proposals. 25P-1 Agreement with CCN USA November 20, 2006 Page 2 The proposals were evaluated based on the vendor's Technical Capacity to Deliver and Maintain the System, Past Performances, Experience of Firm and Personnel, and Cost of the Proposal. The evaluation results of the best and final offers are as follows. CCN USA Keycode % Difference 20 Screen Proposal 518 520 0.39% 10 Screen Proposal 517 526 1.74% The current available funding for this project is $246,000. The community marketing and outreach system will provide additional technical and programming capability to City Channel 3, making it an eligible expenditure for Adelphia Support funds. The 10-screen proposal submitted by CCN USA is responsive to the RFP and adequate funds are available to fund the three-year project, including a 15 percent contingency. Funds are not available to fund the Keycode Media proposal. The Council Technology Committee discussed this project, however no action was taken. The costs of the proposals submitted by CCN USA and Keycode Media are summarized below. CCN USA Base Price With 15~ Contingency 20 Screen Proposal 381,000 438,150 10 Screen Proposal 210,500 242,075 Keycode Media 20 Screen Proposal 484,000 556,600 10 Screen Proposal 240,500 276,575 The agreement with CCN USA will include a provision that allows the City to extend the 10-screen agreement for an additional three-year term, or expand the agreement to 20 screens, at the current rates plus CPI. The agreement will also allow for sponsors and advertisements to be displayed, at the City's discretion, which would help offset the cost of the system. A critical element of this agreement will be to expand the reach of the City's government access television found on Channel 3 by providing that all programming created by CCN USA for the 10 screens can be telecast on City Channel 3, and programs produced for City Channel 3 can be telecast on the 10 screens. The agreement will further require CCN USA to be responsible for all aspects of the project including installation, operation and all areas of maintenance, including replacement due to vandalism. Other terms of the agreement such as timing of installation, site selection, and performance standards are set forth in the RFP and CCN USA's response. 25P-2 Agreement with CCN USA November 20, 2006 Page 3 FISCAL IMPACT Funds for this agreement are available in the CATV Capital Support account (account no. 21-231-various) and the Recreation Special Fees and Donations account (account no. 22-231-various). APPROVED AS TO FUNDS AND ACCOUNT: ' Gerardo Mouet ,,t9om~ F~rancisco Gutierrez, Executive Di ector ~"`~xecutive Director Parks, Recre tion and `V Finance and Management Services~~ Community Services Agency Agency 25P-3 25P-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: AGREEMENT WITH MIKE LINARES, INC. FOR FEDERAL GRANT PROGRAM CONSULTING SERVICES MANAGE 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 Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Mike Linares, Inc. in an amount not to exceed $55,000 to provide technical consulting services for federal grant programs. DISCUSSION The City of Santa Ana receives federal grants through the Community Development Block Grant Program (CDBG), the Emergency Shelter Grant Program (ESG) and the Home Investment Partnership Act Program (HOME) to fund eligible activities relating to community development, social services for the homeless and affordable housing. Periodically, City staff requires professional consulting services to ensure compliance with all federal regulations and procedures respecting these grant programs. For the past eight years, Mike Linares, Inc. has provided consulting services on federal grant programs to the City of Santa Ana. The services provided include preparation of annual reports such as the Consolidated Annual Performance and Evaluation Report and the Consolidated Plan Annual Update. He also provides program design assistance to ensure compliance with federal regulations and technical assistance on utilization of HUD's electronic system for committing and disbursing grant funds. Under the proposed contract, Mike Linares, Inc. will work on an hourly basis as needed and as requested by the Deputy City Manager for Development Services/Community Development Agency. The scope of work may include, but will not be limited to, design of programs funded by federal grants, preparation of periodic reports, responding to staff questions on compliance with HUD regulations, and utilization of HUD's electronic 25Q-1 Agreement with Mike Linares, Inc. November 20, 2006 Page 2 system for committing and disbursing grant funds. The hourly billing rate will be $80. FISCAL IMPACT Funds in the amount of $55,000 are available in the CDBG, HOME and HOPWA Administration accounts (account numbers 135-146-6291, 130-148-6291, 405- 148-6291). APPROVED AS TO FUNDS AND ACCOUNTS: .~ Ste hen G. arding a cisco Gutierrez Deputy City Manager for ~~~Executive Director Development Services Finance & Management Services Agency SGH/FH/mlr H:\ACTIONS\2006 CC\AgreeMLinares 11-20-06.doc 25Q-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: AGREEMENT WITH LA CART'S MEG. INC. TO PURCHASE VENDOR CART FOR DOWNTOWN ~~' , CITY ANAGER t RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with LA Cart's Mfg. Inc. to purchase a vendor cart for downtown in the amount of $9,000. DISCUSSION On October 16, 2000, the Council approved a settlement agreement related to the downtown vendor carts. City staff, in partnership with the vendor cart owners, reached a joint consensus on the design and specification of the standard cart unit. On March 25, 2006, the City and vendor cart owners released the new downtown vendor carts. One downtown vendor cart owner did not participate in the original settlement agreement and therefore was not included in the original purchase. This one remaining vendor cart needs to be replaced with the new design in order to have a consistent theme in the downtown. This agreement would provide one half the cost to cover the purchase under the same terms and agreement with all other carts owners. 25R-1 Agreement with LA Cart's Mfg. Inc. to Purchase Vendor Cart for Downtown November 20, 2006 Page 2 FISCAL IMPACT Funds in the amount of $9,000 are available in the Liability and Property Insurance Fund (account no. 80-180-6522). APPROVED AS TO FUNDS AND ACCOUNTS: Ste hen G. arding Francisco Gutierrez Deputy City Manager for ~~~xecutive Director Development Services Finance & Mgt. Services Agency /~ Enrique/J( A~ Execu ve Di or Personnel Services Agency SGH/DM/mlr H:\ACTIONS\2006 CC\AgreeLA Carts 11-20-06.doc 25R-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEI~ER 2 0, 2 0 0 6 TITLE: AMENDMENT TO THE AGREEMENT WITH DEKRA-CITE FOR LIGHTING AT THE DEPOT • - CI MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For, CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with Dekra-Cite in an amount not to exceed $22,000 for lighting at The Depot. DISCUSSION The Depot at Santa Ana is a regional transportation hub, combining Amtrak, MetroLink, Orange County Transit Authority and other bus services with office space for various State, County, and City departments. Patronage at the facility has escalated in recent years to over one million persons serviced annually. Staff is implementing a marketing and facility improvement plan for The Depot to help promote the City and the facility to the varied customers visiting on a daily basis. One component of the plan is to install up lights on the palm trees in the courtyard and twinkle lights on the ornamental rod iron archway that the customers walk through when entering The Depot from the train. The City currently has a contract with Dekra-Cite in the amount of $8,900 to install the holiday decorations in the Downtown. The additional cost to install the lighting at The Depot is $13,100, which would bring the total contract amount to $22,000. Based on the quality and performance of past projects, Dekra-Cite is recommended to perform this work at The Depot. 25S-1 Amendment to the Agreement with Dekra-Cite for Lighting at The Depot November 20, 2006 Page 2 FISCAL IMPACT Funds are available for this Amendment in FY 06-07 Depot at Santa Ana Advertising account (account no. 67-615-6231). APPROVED AS TO FUNDS AND ACCOUNTS: '~ Ste hen G. Ha ing Deputy City Manager for Development Services Francisco Gutierrez Executive Director Finance & Management Services Agency/ SGH/DM/mlr H:\ACTIONS\2006 CC\AmendAgreeDekra-Cite 11-20-06.doc 25S-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: AGREEMENT AWARD FOR SECURITY GUARD SERVICES ~ ~ ~,i Y MANAGE 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 RECOMMENDED ACTION Direct the City Attorney to prepare an Clerk of the Council to execute an Services USA, Inc. for security guard provision for three one-year renewals, $413,000. d authorize the City Manager and the agreement with Securitas Security services for a two-year period with in the annual amount not to exceed DISCUSSION Security guard services are required at various locations throughout the City, including The Depot at Santa Ana, the Santa Ana Zoo at Prentice Park and the Corporate Yard. The intent of the service is to protect property, provide a safe and orderly environment within City buildings and adjacent areas, as well as assist the public when conducting business with the City. A Request for Proposals was advertised on September 18 and 20, 2006, and proposals were solicited. A summary of the proposals requested and received is as follows: 14 Request for Proposals mailed 1 Request for Proposal mailed to Santa Ana vendor 3 Proposals received 1 Proposal received from a Santa Ana vendor Proposals were received, opened on October 3, 2006, and evaluated (Exhibit 1). The proposals were evaluated in five areas covering corporate history, experience of the management handling the security guards, the qualification of security guard selection, the clarity and details of the submitted proposal and the pricing. The proposal from Securitas Security Services USA, Inc. received the highest rating average of 92 percent and is responsive to the specifications and meets the City's requirements. 25T-1 Contract Award for Security Guard Services November 20, 2006 Page 2 Staff recommends an agreement with Securitas Security Services USA, Inc. for the annual amounts stated below: The Depot at Santa Ana $231,000 Santa Ana Zoo at Prentice Park $ 13,300 Corporate Yard $108,700 Homeland Security Alerts $ 30,000 Contingency security coverage $ 30,000 Total annual expenditure: $413,000 The agreement term will be from December 1, 2006, through November 30, 2008. FISCAL IMPACT Funds are available in the various department's Other Contractual Services accounts (object code 6291). APPROVED AS TO FUNDS AND ACCOUNTS: Stephen G. arding Deputy City Manager for Development Services ~\ ~ i Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency, ~"'~ Gerardo Mo t Executive Director Parks, Recreation & Community Services Agency SGH/GM/KM/06-134.128:uc H:\ACTZONS\2006 CC\AgreeAwardSecurity Guard Services 06-139 11-20-06.doc 25T-2 ABSTRACT OF RFP 06-134 AGREEMENT AWARD SECURITY GUARD SERVICES (SPEC. 06-134) SUMMARY TOTAL VALUE VENDORS SECURITAS ELITE RCSI SECURITY SECURITY SERVICES SERVICES AVERAGE RATING: 100% 92~ 750 53% Exhibit 1. 25T-3 25T-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: AMENDMENT TO LEGAL SERVICES WITH KINKLE,RODIGER & SPRIGGS (A-2004-005) 1 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 A-2004-005 Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the Legal Services Agreement with Kinkle, Rodiger & Spriggs, a professional corporation, to increase the hourly fee for services from $155 to $175. DISCUSSION The City Attorney's Office provides legal services to the City, its officials and employees, primarily through staff attorneys. However, it is sometimes necessary to retain outside counsel for specialized fields of practice and cases that have extraordinary staffing requirements. Kinkle, Rodiger & Spriggs, has been representing the City since 1976. Kinkle, Rodiger & Spriggs, has increased its billing rate to $175.00 per hour, plus reimbursable costs for expenses such as travel, photocopying, and facsimile transmissions. The previous billing rate of $155.00 per hour has not been increased since January 2004. In surveying the limited market for these services, the City Attorney staff found the rate for services to be competitive given the complexity of the litigation and the expertise possessed by the attorneys at Kinkle, Rodiger & Spriggs. 25U-1 Amendment to with Kinkle, November 20, Page 2 FISCAL IMPACT Legal Service Agreement Rodiger & Spriggs 2006 Funds for the services are available in the FY 06-07 Personnel Services Account (account no. 80-180-6191). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25U-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: AGREEMENT WITH MILLENNIUM Ar.ARM SYSTEMS, FOR AT.ARM AND SECURITY SYSTEM SERVICES AT MAINPLACE MALL. 2005 BUFFER ZONE PROTECTION PROGRAM CITY NAGER ~ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d 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 approve an agreement with Millennium Alarm Systems to provide additional security cameras and supporting infrastructure at the Main Place Mall in an amount not to exceed $37,648. DISCUSSION The Governor's Office of Homeland Security is distributing federal funding to local governments under the 2005 Buffer Zone Protection Program (BZPP) in the amount of $1,085,810. Funding in the amount of $47,287.50 has been awarded to the City of Santa Ana to secure mitigation measures outlined for the Westfield Main Place Mall. This funding is to be used for the costs of equipment related to enhancing the protection of this identified Critical Infrastructure and Key Resources. Main Place Mall is considered to be a potential terrorist target that has been determined to be of national level importance in the areas of public health and safety, economic and national security, and public confidence. Under the BZPP, the Santa Ana Vulnerability Reduction Purchasing which has been approved by the GovE the Federal Department of Homeland used to purchase equipment from the Authorized Equipment List. Police Department has prepared a Plan (VRPP) for the identified site, ~rnor's Office of Homeland Security and Security. This grant funding is to be Department of Homeland Security's 2005 25V-1 Agreement with Millennium Alarm Systems November 8, 2006 Page 2 One of the components approved under the Main Place BZPP is the installation of additional security cameras and infrastructure at the Mall. As a condition of installation, Westfield's management requires that the mall's current vendor, Millennium Alarm Systems, install the system. Utilization of Millennium will ensure a seamless operation and protect the integrity of the system and performance. Once installed, the cameras will become the property and responsibility of Mainplace with the provision that they are linked to the Santa Ana police substation at the mall. FISCAL IMPACT Funds are available in the Police Department's Buffer Zone Protection Program, Other Contractual Services Account (account no. 128-350-various). APPROVED AS TO FUNDS AND ACCOUNTS: ' ~~~. - ~- ~ (~~i. Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency ;~,~ 25V-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: AGREEMENT FOR ANIMAL SHELTER SERVICES WITH THE COUNTY OF ORANGE CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s2 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO r`o~'J ~ ^ ~ FILE NUMBER `~'' CI ANAGER`~ RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the County of Orange to provide animal care shelter services. DISCUSSION On January 6, 2003, the Council approved actions for the City's transition of operating its own shelter to the County of Orange Animal Shelter as a contracted service. At that time, City staff evaluated several options to provide animal care shelter services. It was determined that contracting with the Orange County Shelter was the most cost effective means of providing quality service to the City. The provisional contract amount for FY 2006-2007 is $504,280. The City will be given a credit of $100,028 from FY 2004-2005 and FY 2005-2006 from the County due to the reduced number of animals entering the shelter as well as increased revenue from adoptions that offset our costs. The County has implemented a master plan to address facility improvements that cannot be postponed. The City of Santa Ana's portion for these facility improvements is estimated at $31,744. The total projected agreement amount is $359,384. The total actual payments to the County of Orange will be based on actual usage of the services. The County of Orange Animal Shelter has performed satisfactorily and staff recommends approval of the agreement. 25W-1 Animal Shelter Services November 20, 2006 Page 2 FISCAL IMPACT Funds are available in the Police Department's Animal Services, Other Contractual Services account (account no. Olt-339-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Police Department Finance & Mgmt. Services Agency 25W-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: LEGAL SERVICES AGREEMENT WITH CARPENTER, ROTHANS & DUMONT ~ . CI ANAGER 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 Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a legal services agreement with the law firm of Carpenter, Rothans & Dumont with a maximum hourly rate of $170.00. DISCUSSION The City Attorney's Office provides legal services to the City, its officials and employees, primarily through staff attorneys. However, it is sometimes necessary to retain outside counsel for specialized fields of practice and cases that have extraordinary staffing requirements. Under the direction of the City Attorney's Office, the law firm of Carpenter, Rothans & Dumont will provide litigation legal services to the City of Santa Ana. The hourly rate charged by Carpenter, Rothans & Dumont is $170.00 and has been guaranteed for a two year period. This rate is extremely competitive for a firm with Carpenter, Rothans & Dumont's trial experience and expertise. A thorough search for additional counsel was conducted and multiple firms were considered. However, Carpenter, Rothans & Dumont appears to be the premier candidate. The initial assignment for the firm shall be by firm principal Steven Rothans for defense of a police liability matter. 25X-1 Legal services agreement with Carpenter, Rothans & Dumont November 20, 2006 Page 2 FISCAL IMPACT Funds for the services are available in the FY 06-07 Personnel Services Account (account no. 80-180-6191). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25X-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: MODIFY CONDITIONAL USE PERMIT NO. 1990-O1 TO EXTEND THE HOURS OF OPERATION FOR THE EL FLAMINGO RESTAURANT AND NIGHTCLUB LOCATED AT 2323 WEST FIRST STREET - LUIS GONZALES, APPLICANT `~ f/ fl C`P- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving amendment to Conditional Use Permit No. 1990-O1 as conditioned. PLANNING COMMISSION ACTION On October 23, 2006, the Planning Commission approved amendment to Conditional Use Permit No. 1990-01 as conditioned by a vote of 7:0 to modify an existing condition of approval to allow the El Flamingo Nightclub and Restaurant to operate until 1:30 a.m. in the Light Industrial (Ml) zoning district at 2323 West First Street. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. ~~_-.. Jay M. Trevino Executive Director Planning & Building Agency VF:rb of\reports\cup90-O1 amend.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 23, 2006 TITLE: PUBLIC HEARING - FILED BY TO MODIFY CONDITIONAL USE O1 TO EXTEND THE HOURS OF EL FLAMINGO RESTAURANT AND AT 2323 WEST FIRST STREET LUIS GONZALEZ PERMIT NO. 1990- OPERATION FOR THE NIGHTCLUB LOCATED Prepared by Vince Fregoso Executive Dir for RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO GltiQ~t/L Planning M ager Adopt a resolution approving amendment to Conditional Use Permit No. 1990- 01 as conditioned. DISCi1SSInN Request of Applicant Mr. Luis Gonzalez is existing conditional Restaurant located at Property Description requesting approval to modify a condition of an use permit and allow the El Flamingo Nightclub and 2323 West First Street to operate until 1:30 a.m. The project site is a 1.02-acre parcel of land located at the northwest corner of First and Clara Streets. The restaurant is located within a 3,400 square feet tenant space that is part of a 17,300 square foot commercial center. A total of 75 parking spaces are provided on the site. The General Plan land use designation for the project site is Light Industrial (M1) and the zoning designation is Industrial (IND). Surrounding land uses include commercial and industrial to the north, south, east and west (Exhibits 1 and 2). Project Description Luis Gonzalez is requesting approval to amend Condition No. 8 of Conditional Use Permit No. 1990-01 and allow the El Flamingo Nightclub and Restaurant to operate until 1:30 a.m. seven days a week. E1 Flamingo has EXHIBIT A 31 A-2 Amendment to CUP No. 1990-01 October 23, 2006 Page 2 been operating at this location since 1985 and currently possesses a Type 41 (on-premise beer and wine) alcoholic beverage control license. The restaurant, which specializes in the preparation of Mexican cuisine, consists of approximately 3,400 square feet of floor area and has seating for about 88 patrons. The restaurant is currently open from 12:00 noon until 1:30 a.m. Monday through Friday and from 9:00 a.m. through 1:30 a.m. on Saturday and Sunday (Exhibits 3 and 4). Analysis of the Issues The applicant is requesting to modify an existing condition of approval and allow the facility to operate until 1:30 a.m. seven days a week. Condition No. 8 of Conditional Use Permit No. 1990-O1 limits the hours of operation of alcohol sales to 10:10 p.m. Sunday through Thursday. The applicant has been operating until 1:30 a.m. for the past few years, unaware of the condition of approval. The Planning Division and Police Department have reviewed the application for compliance with all applicable codes. The Police Department has noted that the restaurant is located within Reporting District No. 105, which ranks 24th out of 102 Citywide Districts in total number of police-related incidents. This places the restaurant in an area of the City considered above average in police-related incidents. In order to determine if a premise may operate after hours, a review of calls for service to the restaurant are analyzed. A total of 36 calls for service have been generated from the premises since January 2005. Of these calls, a majority are considered to be nuisance related calls such as disturbing the peace (six calls). In addition, two calls for armed robbery were received; however, these occurred after close of business and were not directly attributed to the business. One report of assault was received during the restaurant's operating hours. To ensure that the number of Police related service calls to the restaurant are minimized and ensure the business operates as a bona fide eating establishment and does not emerge as a bar, the Police Department is proposing additional conditions of approval that will assist in mitigating potential negative effects this restaurant may have on the community. The facility, which has been operating since 1985, has established a satisfactory track record in addressing crime related concerns. The extended hours, in conjunction with the conditions of approval, will continue to address Police Department concerns regarding public safety. Therefore, staff recommends that the Planning Commission approve the amendment to Conditional Use Permit No. 1990-O1 as conditioned. 31 A-3 Amendment to CUP No. 1990-O1 October 23, 2006 Page 3 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the licensing of an existing use with no expansion. 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COMMERCIAL-MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL O OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C&A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT CS ARTERIAL COMMERCIAL AMENDMENT TO CUP 90-1 ~~ EL FLAMINGO RESTAURANT AND NIGHTCLUB ~~~~~' 2323 W. FIRST STREET ~ - = 500 FEET 1" = 1000 FEET P L A N N I N G A N D_ B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 31 A-5 THIRD STREET W U COMMERCIAL I N U S R I L U ~ ~ `` ~ SECOND STREET 0 C O M M E R C I A L ~"' W W ~ ~ I D S T R I L ~ COMMERCIAL Q " PROJECT a SITE v COMM. C M M R C I A L FIRST STREET INDUSTRIAL COMM. MOBILE HOME S AMENDMENT TO CUP 90-1 - EL FLAMINGO RESTAURANT AND NIGHTCLUB 2323 W. FIRST STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 A-6 ~m ~~ 5 c mD N x o, _ ~,-! _ 1 76 .5 ~ 74 173 7L 9~ .~9 ~ 6~3 69 66 ~ 5 6h 63 e.c I ~+1~ ~ e~ ~ ~9 5~ i ~~ I ! I~ Iq Iii ~ m ~ j I ~ i ~ w D I ~ - ~__ _~ ~ - --_ ~ ~ T-_ im ~ m ~~ ,b ~. , I i ~ 14 ~ i ^ ~ ~ ~ ~ i . ~ _ ~ i . ~S z ~ ~ i i ~ ~ C ~_ '~ y N I '. .. ~ ~ .... - I a, ~ '.. ~ - . j ~~ " "q ~4. . ,1 - t i ~ - '~'h h.~V \i I _ ~-t _ ~ , :.. yy~ T x ' I I ~ C „m - - ' _ _-. -__ _.. .7._. _. .. s ~ ;, v z '~ 'I i _ ~s ~ ~ ~ ~~ , ~ , m , io i D _. .. a _.___. ._.,_.... ~ D i W 1 ~~~ z _ ~' _ _..__ ..._.. U N ,P _~...._. 3. F .. ..._ m ~ ~^ i~ a .._._.-'- ,. __._ _ - I .. t. ~ .._.._.... . P in :. ~ :.. _ _. ____ .~ a t~ ~3 ~, ^` I t I ~ ~ ~` u i i ~ ~ A i-. _ ._.._ _. ~. __._.. _ ~ l ___- r ~ O ti ., m a a c ~ - - -~ - --. _._~- i __-~ - ~~ , - o N ~ ' ~ w m ~ -. 'c ~. LNG -_ 1_ __. ~ ~ ~~ n~P =~a :;fit +: - _ --------- ~. } ~ -_ ___ __ N ~- _ _ __ --- _ , - _ _ fit, 1 ~o T~':_ r ~~ -___ .._'_" ~-_._-_-_________. __ _ __ -- .__._. l _ _. DRAWN BY. ___ ._. __ __ m ~ sn eaT EL FLAMINGO MEXICAN RESTAURANT ~ MR. LUIS RICARDO GON2.ALEZ . ^~1910"'s JERRY HELGUERO ' FRANK MITCHELL, ILL .AND NIGHTCLUB OWNER Of RESTAURANT ~~ z~ i CONTRACTOR MITCHELL DESIGN ' ~ j ' 2323 WEST 1ST STREET ~~, 710 S. NAKOMA DRIVE ~~: 'i 2323 W. LINCOLN AVE. I. P.O. BOX 29131 SANTA ANA, CALIFORNIA 92703 i SANTA ANA, CALIFORNIA 92704 I. s. ANAHEIM, CALIF. 92801 '~. SANTA ANA, CALIF. 92799 ~oca aHe~* s ~I (714) 836.7410 i (714) 390.9606 _.,._____. 's' _ ___,__ _ (714) 600-1232 ! (714) 200-4178 j _:~'4 i ~~ AMENDNI~~I~TD~UP 90-1 JJ~~~!' 3 _ _. 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N ~I _ _ . 4. ~ ~ ~ I j i'. obi `___ i L_-y ~< ~ Z J ~ ~o ~{ N Ni QZ 4n u ~' ~a~ ~1 I ~_ ~ ~ t- 1 ~ ' ~~ N } ~ 211 S1 ~ .~ a ~ I t---r ~I _N ~ ~' ~ ~ iiin~ _- ~ (Lai] I lq(3 idE--:___. ~ i II - .... _..__~ ___... - __- _._..___._.._.__.-._i ~' z 5 ~ ~ §! o~ 1~ ~.. _ "~ I- n W AMENDMENT TO CUP 90-1 31 ~IT 4 bk- 10/19/06 RESOLUTION NO. 2006-028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AMENDING CONDITIONAL USE PERMIT NO. 1990-01 AS CONDITIONED TO PERMIT OPERATATION TO 1:30 A.M. FOR THE PROPERTY LOCATED AT 2323 WEST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting amendment of Conditional Use Permit No.1990-01 to extend the hours of operation of the EI Flamingo Restaurant and Nightclub, located at 2323 West First Street, to 1:30 a.m. seven nights per week. B. On October 23, 2006, the Planning Commission held a duly noticed public hearing on the application to amend Conditional Use Permit No. 1990-01. C. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The restaurant is providing a service and is benefiting the community by providing an eating and entertainment establishment in the central section of the City. Conditions of approval have been placed on the restaurant that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The extended hours of operation will be mitigated through the existing and Resolution No. 2006-028 31 A-9 Page 1 of 8 new conditions of approval that the Police Department is proposing for the project. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 1.02-acre site has had the EI Flamingo Restaurant and Nightclub operate on the premises since 1985. The expanded hours of operation for the restaurant will increase the patronage to the restaurant, thereby enhancing the profitability of the business and identifying the use and site as economically stable and viable for the surrounding properties in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed by Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The restaurant will not adversely affect the General Plan. Restaurants and ancillary uses such as ABC licenses are permitted within the Light Industrial (M1) zoning district and the Industrial (IND) General Plan designation. Additionally, the use, as conditioned, is in compliance with the regulations identified in the zoning code. D. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the permitting of existing structures. Categorical Exemption Environmental Review No. 2005-136 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves the requested amendment to Conditional Use Permit No. 1990-01 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 23, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of October 2006 by the following vote: Resolution No. 2006-028 Page 2 of 8 31 A-10 AYES: Commissioners: Benavides, Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2006-028 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 23, 2006. Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2006-028 Page 3 of 8 31 A-11 Conditions for Apuroval of Conditional Use Permit No. 1990-01 Conditional Use Permit No. 1990-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. Install a new sign for the Flamingo Club restaurant which complies with the City of Santa Ana Municipal Code. (Condition satisfied) 2. The restaurant shall comply with the requirements established by the Planning Commission for bona fide eating establishment. 3. All proposed site improvements must conform with the Site Plan Review approval of DP No. 06-30. 4. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 5. The security bars located on the building exterior must be removed and relocated to the inside of the building. B. Fire Department Install an automatic fire sprinkler system. (Condition satisfied) Exhibit A Resolution No. 2006-028 Page 4 of 8 31 A-12 C. Police Department 1. Install a silent armed robbery alarm. 2. , (Deleted by the Planning Commission on October 23, 2006) 3. No dancing after 1:30 a.m. 4. Music shall not be played outside the premises nor be audible beyond 20 feet from the exterior of the premises in any direction the area under control of the licensee. (Modified by the Planning Commission on October 23, 2006) 5. No pool tables or coin operated games shall be maintained on the premises. 6. At all times that entertainment is being conducted, the applicant shall employ a minimum of one (1) uniformed licensed security guard for every 100 persons, or less, in attendance per event, for the purpose of keeping the peace. The Chief of Police or his designate shall first approve every security guard employed by you. If there is a marked or noticeable increase in the number of police related incidents on or near the premises, as such increase may be determined by the Chief of Police, the applicant shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. (Modified by the Planning Commission on October 23, 2006) 7. There shall be no bar or lounge area upon the licensed premises maintained for the sole purpose of sale, service, or consumption of alcoholic beverages directly to patrons for consumption. 8. Sales, service and consumption of alcoholic beverage shall be permitted only between the hours of 11:00 a.m. to 1:30 a.m., seven days a week. (Modified by the Planning Commission on October 23, 2006) Resolution No. 2006-028 Page 5 of 8 31 A-13 9. The sale of alcoholic beverages for consumption off the premises is prohibited. 10. The quarterly gross sale of alcoholic beverages shall not exceed the gross sales of food. 11. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 12. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which has control. 13. The premises shall at all times operate as a bona fide eating establishment. The premises will be considered as being used in a bona fide manner if: (a) There is a real offer of holding out to sell meals when the premises is open for regular business hours. (b) Actual and substantial sale of meals are made to guests for compensation. Incidental, sporadic or infrequent sales of meals or a mere offering of meals with actual sales shall not be deemed sufficient to consider premises as being used in a bona fide manner. 14. Meals shall consist of the usual assortment of food commonly ordered at various hours of the day. The service of food and victuals only as sandwiches or salads shall not be deemed compliance with this requirement. However, certain specialty entrees, such as pizza, fish, ribs, etc., and an assortment of other foods, such as soups, salads or desserts, may be considered a meal. 15. The existing building and parkins lot must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in reauired landscape planters. (Added by the Planning Commission on October 23, 2006) Resolution No. 2006-028 Page 6 of 8 31A-14 16. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. (Added by the Planning Commission on October 23, 2006) 17. Cash resister must be visible from the street at all times and shall not be obstructed at anv time by temporary or permanent sipnaae. (Added by the Planning Commission on October 23, 2006) 18. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. (Added by the Planning Commission on October 23, 2006) 19. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. (Added by the Planning Commission on October 23, 2006) 20. Atimed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. (Added by the Planning Commission on October 23, 2006) 21. All new pay telephones shall be located inside the premises and restricted to outgoing calls only (Added by the Planning Commission on October 23, 2006) 22. The conditional use permit shall be reviewed at ninety days, six months, and formally at one year by the Planning Commission and then annually thereafter by the Police Department for anv modification to the conditions of approval. (Added by the Planning Commission on October 23, 2006) 23. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. (Added by the Planning Commission on October 23, 2006) Resolution No. 2006-028 Page 7 of 8 31 A-15 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd ,Santa Ana, California 92702. I served the foregoingg document described as: Resolution No. 2006-028 Conditional Use Permit No. 1990-01) in this action by p acing a rue copy ereof enc ose in sea a enve opes a ressed as follows: Luis R. Gonzalez 1301 North Mountain View Santa Ana, CA 92703 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2006-028 Page 8 of 8 31 A-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEN~ER 20, 2006 TITLE: PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN PERTAINING TO NEW MINIMUM WAGE LAW CITY NAGER ~ 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 Adopt a Resolution amending the City's Basic Classification and Compensation Plan, to ensure City compliance with new California minimum wage law. DISCUSSION A new minimum wage law (AB 1835) was recently adopted by the California State legislature. This law requires that the minimum wage for all industries be increased to $7.50 per hour, effective on and after January 1, 2007. The subject Resolution amends the City's Basic Classification Plan (Resolution No. 82-110) to increase the hourly wage rates for five (5) part time classification titles to ensure compliance with this new minimum wage law. FISCAL IMPACT Funds are available in the affected departmental accounts, object code 6131. APPROVED AS TO FUNDS AND ACCOUNTS: ~, ique J. va Executive rec or Personnel Services Department ~~C0.~'~l . t~ A~ ~~ o _ Francisco Gutierrez Executive Director Finance & Management Services Agenc~~ Y 55A-1 RESOLUTION NO. XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82-110 TO AMEND THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN TO PROVIDE PAY INCREASES FOR FIVE PART TIME TITLES, TO ENSURE COMPLIANCE WITH STATE MINIMUM WAGE LAW. 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. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install, and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82-110 revising and re-establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana. C. The State of California has adopted a new minimum wage law requiring that new minimum wage rates be put into effect beginning on January 1, 2007. Hourly pay rates assigned to one unaffiliated and four represented part-time classification titles need to be adjusted accordingly, to ensure City compliance with this new mandate. D. It is now desired to amend Council Resolution No. 82-110, as amended, in order to effect these changes. Section 2: That Section 3.5.1 Classification Titles and Wage Rates for Unaffiliated Categories of Non-Civil Service Part-Time Employment of Resolution No. 82-110, as amended, be further amended by adjusting the hourly wage rates assigned to one classification title as set forth below: Basic Hourly Wage Rates Effective 1/01/07: Classification Title Step A Step B Step C Step D Step E Student Intern $7.50 $7.88 $8.28 $8.69 $9.12 55A-2 Section 3: That Section 3.5.2 Classification Titles and Wage Rates for Long-Term Represented Categories of Non-Civil Service Part-Time Employment of Resolution No. 82-110, as amended, be further amended by adjusting the hourly wage rates assigned to four classification titles as set forth below: Basic Hourly Wage Rates Effective 1/01/07: Classification Title Step A Step B Step C Step D Step E General Assistant $7.50 $7.88 $8.28 $8.69 $9.12 Program Leader I $7.50 $7.88 $8.28 $8.69 $9.12 Recreation Program Leader (T) $7.50 $7.88 $8.28 $8.69 $9.12 Sports Attendant $7.50 $7.88 $8.28 $8.69 $9.12 Section 4: That except as amended by this Resolution, all other provisions of Resolution No. 82-110, as amended, shall remain in full force and effect. Section 5: That this Resolution shall be operative from and after January 1, 2007. ADOPTED this 20th day of November, 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 55A-3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 2006 TITLE: PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) - TWO YEAR SERVICE CREDIT (PUBLIC NOTICE) r ~ ~. k t CITY MANAGER - RECOMMENDED ACTION Receive and file. DISCUSSION 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 On October 7, 1991, the City Council amended its contract with the California Public Employee's Retirement System (CalPERS) providing eligible members Two-Years Additional Service Credit Option pursuant to Government Code Section 20903. To comply with California Government Code Section 20903, the City of Santa Ana hereby makes a two-week notice public that it intends to offer employees in designated classifications a two-year retirement credit as part of the budget reduction process for fiscal year 2006-2007. This offer is available to eligible members for a designated period starting November 21, 2006, and continuing through February 20, 2007. All eligible members in the designated classifications must retire within the window period to qualify for this provision. The designated classifications are as follows: Executive Director of Community Development Redevelopment Project Manager III According to California Government Code Section 7507, the average cost as determined by the California Public Employees Retirement System actuarial formulas is approximately $65,630 per applicant. CalPERS will amortize the cost for this retirement credit over an amortization period of thirty years. 65A-1 PERS Two Year Service Credit November 20, 2006 Page 2 of 2 The Request for Council Action and Resolution to authorize this action will be on the next City Council Agenda. FISCAL IMPACT At the time the City offers this retirement credit, funds will be secured in the Community Development Agency, by a reduction in their budgeted position allocations. APPROVED AS TO FUNDS AND ACCOUNTS: rique A va Executi Di ect r Personnel Ser es Francisco Gutierrez Executive Director Finance & Management Services Agency 65A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 20, 2006 TITLE: PUBLIC HEARING: ABANDONMENT NO. 06-02: TO VACATE PORTIONS OF COLLEGE AVENUE, 15TH STREET AND MARTHA LANE APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER ' / CITY MANAGER RECOMMENDED ACTION Adopt a resolution vacating portions of College Avenue, 15th Street and Martha Lane. DISCUSSION The Rancho Santiago Community College District (District) is planning an expansion of the Santa Ana College campus in accordance with their master plan. As part of the expansion, the applicant is requesting that College Avenue between Washington Avenue and 17th Street and portions of 15th Street and Martha Lane be vacated (Exhibits 1 and 2). The vacated streets will be incorporated into the expanded campus. Cul-de-sacs will be built at the east ends of the remaining portions of Martha Lane and 15th Street . Beginning in August 2002, the District staff met periodically with the Artesia Pilar Neighborhood Association (APNA) to discuss the long term growth of the college. These periodic meetings included discussions of proposed vacation of the subject streets. In May 2005, district staff attended an APNA meeting to present the revised master plan. Also, at that meeting, district staff informed the association that the draft Environmental Impact Report (EIR) was near completion and that the association and all residents within 1000 feet of the expansion project would soon receive notification of the official comment period. On June 1, 2005, the notification letter was mailed to over 900 residents informing them that the Draft EIR was available for review and that the 45 day comment period would run from June 22, 2005 until August 5, 2005. The notification also indicated that a public hearing on the Draft EIR would occur on September 12, 2005. District 75A-1 Abandonment No. 06-02 November 20, 2006 Page 2 of 3 staff attended an APNA meeting in July of 2005 to remind those present of the comment period. The district received comment letters from residents and the final EIR included responses to each of those comments. The Final EIR was approved by the Board of Trustees for the District on September 12, 2005. City staff and District staff met with the APNA board on November 6, 2006 and plan to meet with the association on November 15, 2006 to discuss the District's master plan, status of the college expansion, the street vacations, traffic redistribution, mitigations, and nearby City projects among other issues. During the EIR process, surrounding streets were studied to determine impacts related to the expansion project including the College Avenue closure. Traffic mitigations as part of the project include: • Modification of the traffic signal at Bristol Street and Washington Avenue to provide dual left-turn lane eastbound • Fair share contributions to install a traffic signal at Pacific Avenue and Civic Center Drive • Modifications at Bristol and Civic Center Drive to provide a westbound right-turn lane The City is also planning improvements in the area, including the widening of Bristol Street to six lanes and the installation of a traffic signal at English and Civic Center Drive, which is now under construction. The Public Works Agency is continuing to work with the APNA on a neighborhood traffic management plan for traffic calming purposes. The district has incorporated APNA suggestions and comments into the campus master plan including relocation of the proposed parking structure to the interior of the campus, raising a portion of the proposed wall and improving the landscape buffer, and relocation of the sports fields to the exterior of the campus to help provide a more aesthetically pleasing edge to the campus. District staff also met with Floral Park, Heninger Park, Riverview, Washington Square, and West Floral Park neighborhood associations to present the college expansion plans. Official notices of the public hearing for the vacation were posted by staff along all three streets and were published in the Orange County Reporter in accordance with the Street and Highways Code of the State of California. In addition, property owners within 300 feet of the subject street closures were mailed notices of the vacation and public hearing. The mailed and posted notices were in English and Spanish. 75A-2 Abandonment No. 06-02 November 20, 2006 Page 3 of 3 Utility companies, other government agencies and City departments were advised of the street vacations. Easements for the City's water and sewer facilities, traffic signal equipment as well as existing gas lines and overhead utilities will be reserved in the resolution of vacation. The proposed resolution will abandon the City's street easement at these locations. City staff has been working with the Rancho Santiago Community College District to expand the Santa Ana College campus and recommends the vacation of the street to accommodate the expansion. ENVIRONMENTAL IMPACT The abandonment is adequately addressed in the Environmental Impact Report prepared by the Rancho Santiago Community College District. No further CEQA analysis is required. FISCAL IMPACT There is no fiscal impact associated with this action. ~/ ~, James G. Ross Executive Director Public Works Agency 75A-3 ~ ~ u_ (~ Q LL ~P ~`~/ /~P N Q J z C.7 Z ~ w a u/u 15TH ST. J~ J O MARTHA LN. _ " WASHING CIVIC CENTE ~-u ~_ (~ ~ C PROPOSED ABANDONMENT SITE SANTA~ANA P~ WuA ~ DATES „- NOV. 20, 2006 C EXHIBIT 1 Tdle- PUBLIC HEARNC~ N0.06-02 VACATE PORTIONS OF COLLEGE AVENUE, 15TH STREET, AND MARTHA LANE BRISTOL N.T.S. MKT P~ EVENTEENTH 7 5A-4 ~~~G~P~ l~~~RG`P~ Gp~ Gp 17TH STREET 16TH STREET w w ~ w z ~ > ~ a W a o 15TH STREET MARTHA LANE SANTA ANA ~ COLLEGE Z w Q w c~ w J J U F~ WASHINGTON AVENUE PROPOSED ABANDONMENT EXHIBIT 2 SANTA ANA ~~: P~' pA~; PUBLIC HEAPoNG~ ABANDONMENT N0.06-02 ~, NOV. ~, 2006 VACATE PORTIONS OF COLLEGE AVENUE, ~.«~.~ 15TH STREET, AND MARTHA LANE i 75A-5 11 /13/06 les RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING PORTIONS OF COLLEGE AVENUE, 15T" STREET AND MARTHA LANE (ABANDONMENT NO. 06-02) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City Council of the City of Santa Ana adopted, on September 18, 2006, Resolution No. 2006-066 wherein it declared its intention to vacate, pursuant to and in accordance with the provisions of Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, portions of College Avenue between Washington Avenue and 17th Street, and portions of 15th Street and Martha Lane. B. Rancho Santiago Community College District is planning an expansion of the Santa Ana College, campus in accordance with its Master Plan. The vacated streets will be incorporated into the expanded campus, with cul-de-sacs being built at the east ends of the remaining portions of Martha Lane and 15th Street. C. Easements for the City's water and sewer facilities, traffic signal equipment, existing gas lines and overhead utilities are hereby reserved. D. Resolution 2006-066 gave notice that at its meeting of October 16, at 6:00 p.m., or as soon thereafter as the matter could be heard, this Council would hear any and all persons interested in or objecting to said proposed vacation. E. At the meeting of October 16, 2006, this Council continued this matter so that further noticing and public meetings could be held pertaining to the proposed vacation. F. This Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City. G. This Council further finds that notices of said proposed vacation stating the purposes of said Resolution and the time and place set for hearing were posted as directed by the Council and required by law. H. This Council at the time and place set for hearing, heard any and all persons 75A-6 interested in or objecting to said proposed vacation of said portions of the streets and received and considered all evidence submitted. I. This Council finds from all the evidence submitted that said portions of the streets are unnecessary for present or prospective public use, based upon the following findings of fact: a. Said portions of said streets are not necessary to provide access to abutting property owners; and b. Said portions of said streets are unnecessary for present or prospective public use. J. Pursuant to the provisions of section 892 of the Streets and Highway Code of the State of California, the City Council does hereby find and determine that neither said portions of the streets nor any part thereof are useful as nonmotorized transportation facilities, as defined in section 887 of said Code. Section 2. This Council does hereby order that those portions of College Avenue between Washington Avenue and 17th Street, and portions of 15th Street and Martha Lane, as shown on the maps labeled Exhibits 1 and 2, attached hereto and made a part hereof by this reference, be, and the same are, hereby vacated. Section 3. Pursuant to section 8340 of the California Streets and Highways Code, the City Council reserves and excepts from the above vacation an easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures, and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone line, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the area of portions of College Avenue between Washington Avenue and 17th Street, and portions of 15th Street and Martha Lane hereby vacated. The City Council also reserves and excepts from the above vacation easements for the City's storm drain facilities and the Orange County Sanitation District sewer trunk facilities. Moreover, if there are any traffic signal equipment and/or in-place public utility facilities that are in use, the City Council reserves and excepts from the above vacation an easement and right necessary to maintain, operate, replace, remove or renew the traffic signal equipment and public utility facilities. Section 4. The abandonment is adequately addressed in the Environmental Impact Report prepared by the Rancho Santiago Community College District. No further CEQA analysis is required. Section 5. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested by her under seal, to be recorded in the office of the Recorder of Orange 75A-7 County. Section 6. Said portions of the streets shall not be deemed vacated until this resolution is recorded. ADOPTED this day of 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006- 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 75A-8 L~ W -- j - Q /~~ /~~ cn a P z W J Q u/u i BRISTOL MKT PLC EVENTEENTH ~P~ I I ~~ 15TH ST. J ~ o MARTHA LN. ~ ~ t/7 WASHINGTON -J I--- ~_ m CIVIC CENTS ~1 PROPOSED ABANDONMENT SITE /~C~C OG ~ r-~ EXHIBIT 1 SANT~ANA Title P~ ~ A ^ pq~; PUBLIC HEARING ABANDONMENT NO.06-02 V OCT. 16, 2006 VACATE PORTIONS OF COLLEGE AVENUE, ^~^~~ ~ ~~ 15TH STREET, AND MARTHA LANE 75A-9 I__1_ L L_ 1-I_--I- -- ~~aG~P~ p~,~,E~G~P~ ~1 Gpl~ G 17TH STREET 16TH STREET z 5 y ylll o °dr 15TH STREET MARTHA LANE SANTA ANA ~ COLLEGE z w a w J J U WASHINGTON AVENUE ® PROPOSED ABANDONMENT EXHIBIT 2 SANTA ANA TItI@~ P~~ pA~; PUBLIC HEARING ABANDONMENT N0.06-02 ~, OCT. 16, 2006 VACATE PORTIONS OF COLLEGE AVENUE, ~: ~, 15tH STREET, AND MARTHA LANE i 75A-10