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Home My WebLink About FULL PACKET_2007-08-20CITY COUNCIL COMMITTEE ON DEVELOPMENT Meeting Minutes June 21, 2007 CALL TO ORDER The meeting was called to order at 12:11 p.m. in Room 831 of City Hall. ATTENDANCE The following Committee members were present: Miguel Pulido, Carlos Bustamante and Vince Sarmiento. Staff present were: Dave Ream, City Manager; Steve Harding, Deputy City Manager for Development Services; Jay Trevino, Executive Director Planning and Building Agency; Joe Fletcher, City Attorney; Jill Arthur, Executive Director External Affairs; Karen Haluza, Planning Manager; and Pedro Guillen, Associate Planner. AGENDA ITEMS _. APPROVAL OF MINUTES -MAY 17, 2007 SPECIAL MEETING Approved by a vote of 3:0. YMCA -POTENTIAL REDEVELOPMENT Mr. Harding distributed a list of those who have expressed interest in redeveloping the YMCA building. Mayor Pulido directed the Committee to review the list and return with comments in the future. 3. HIGH-RISE PARKING STANDARDS Mr. Trevino and Mrs. Haluza provided a presentation on the City's existing residential parking standards, as well as standards contained in recently approved high-rise residential projects both in Santa Ana and surrounding cities. The Committee requested that a panel of parking experts including representatives from the high-rise development industry, parking analysts and other government agencies who have dealt with similar issues be convened at a future Development Committee meeting to further discuss the establishment of high-rise parking standards. 4. MEETING SCHEDULE (Every 6 Weeks, Thursday at 12:00 Noon) The Committee discussed how often it should meet and decided to try to meet monthly, schedules permitting, and to reevaluate the schedule in the future. All agreed that Thursdays at noon was a convenient meeting time. 13B-1 5. PUBLIC COMMENTS ON NON-AGENDA ITEMS Julie Stroud requested a meeting between neighborhood representatives and the city in order to discuss the proposed Village Green project. She stated that Morrison Park residents were concerned about the potential for parking impacts in the neighborhood if the project is approved as proposed. She also expressed her preference for proposals to redevelop the YMCA building that would generate more shopping opportunities in the area. Bud Warrick distributed an informational packet on a project called Deep Web. Mayor Pulido requested that the Economic Development staff review Mr. Warrick's information. 6. COMMITTEE MEMBER COMMENTS Councilmember Sarmiento requested an update on the Santa Ana Renaissance Specific Plan and also stated that the City's housing policies need to be more proactive in addressing aging housing stock and lack of affordability. Mr. Trevino provided an update on the Santa Ana Renaissance Specific Plan and the efforts to begin an update to the Housing Element, which could address housing policies. Councilmember Bustamante requested an update on the proposed Village Green project. Mrs. Haluza stated that the project had been revised and that a meeting with the neighborhood representatives was being scheduled. Mr. Trevino also provided an update on the status of the shopping cart retrieval ~ program. 7. ITEMS FOR NEXT MEETING A. Informational Item on State Affordable Housing Parking Standards B. Discussion of High-Rise Parking Standards ADJOURNMENT -1:42 P.M. Karen Haluza Planning Manager Planning & Building Agency KH:rb rb:Council CommtDevel CC\Devel CC Minutes 06-21-07 Development Council Committee Minutes 2 June 21.2007 13 B-2 CITY COUNCIL COMMITTEE ON NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT Meeting Minutes April 30, 2007 CALL TO ORDER The meeting was called to order at 4:37 p.m. in Conference Room 229 of City Hall. ATTENDANCE. The following Committee members were present: David Benavides, Carlos Bustamante and Michele Martinez Staff present were: Jay Trevino; Executive Director Planning and Building Agency; Ben Kaufman, Chief Assistant City Attorney; Bruce Dunams, Community Preservation Manager; Will Hayes, Maintenance Services Manager; Estella Rodarte, Senior Community Preservation Inspector;- Paula Lomeli, Senior Community Preservation Inspector; and Alvaro Nunez, Senior Community Preservation Inspector. AGENDA ITEMS 1. APPROVAL OF MINUTES ( A. September 26, 2006 Meeting B. October 24, 2006 Meeting Cancelled C. November 28, 2006 Meting Cancelled D. January 23, 2007 Meeting Cancelled Continued to next meeting by a vote of 3:0. SHOPPING CARTS Bruce Dunams made a presentation on shopping carts to show where we started and where we currently are with the program. He explained the retrieval options for businesses. Councilmember Benavides questioned the difference between legal and illegal carts and how they were being monitored. 3. GRAFFITI TASK FORCE Will Hayes provided an update on the program. He advised that staff had been increased; was out on the streets addressing graffiti earlier than before; now providing 7-day coverage; using a court referral process; and that Public Works had teamed up with both the Police Department and Community Preservation. Estella Rodarte announced an art contest being put out to schools in an effort to come up with a marketing tool (logo, tag line, art work, etc.) to put out in the community. A number of questions and comments came from the public. There was discussion that parents need to start taking responsibility for their children's actions and ways in 13B-3 which to accomplish reaching the parents; i.e., using the PTA forum, taking out ads in newspapers, radio and television. i 4. PUBLIC COMMENTS ON NON-AGENDA ITEMS Debbie McEwen thanked the council members for continuing with the NICE committee. She also encouraged a commitment to the eradication of illegal street vendors. Julie Stroud also thanked council for continuing the committee and suggested there needed to be discussion on the human signs. Carl Benninger indicated he'd like to see more code enforcement. Evangeline Gawronski asked for an update on the mobile vending issue. She was advised that because of continuing litigation, council was unable to comment on the issue at this time. Glen Stroud questioned why the Police. Department .and Public Works were not made to participate more and/or handle certain programs and why Community Preservation was burdened with more enforcement. 5. COMMITTEE MEMBER COMMENTS Councilmember Martinez commented that due to staffing limitations, Community Preservation's priorities should be focused first on the most important issues. Councilmember Benavides requested a report on what can legally be done in regards to garage conversions. He suggested dialogue begin regarding apartment communities in reference to graffiti, drugs and substandard conditions. 6. ITEMS FOR NEXT MEETING A. Human Signs B. Grocery Cart Program Update C. Graffiti Program Update D. Handbills (door to door solicitors) - 6:00 Br ce Dunams `~ C mmunity Preservation Manager P a ing & Building Agency BD:PL:rb rb: Council Comm/NICE CC/NICE Minutes 04-30-07 Neighborhood ImprovemenUCode 2 April 30, 2007 Enforcement Council Committee Minutes 13 B-4 SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting June 26, 2007 CALL TO ORDER The meeting was convened at 5:40 p.m. at City Hall, 20 Civic Center Plaza, Stn Floor, Santa Ana, California. ATTENDANCE Council members present: Claudia Alvarez, David Benavides, and Sal Tinajero. Staff present: Assistant City Attorney Paula Coleman, Police Chief Paul Walters, Interim Fire Chief Steve Critchfield, Exec. Asst. to the City Manager Mark Lawrence, and Recording Secretary Janet Chop. SUMMARY OF DISCUSSIONS APPROVAL OF MINUTES Approved Minutes of the May 15, 2007 meeting. 2. POLICE AND FIRE DEPARTMENT ASSESSMENT NEEDS Chief Walters and Interim Chief Critchfield reviewed the assessment and increased staffing needs for ,their respective departments with the Committee. This item will be placed on the agenda of next few meetings. 3. WEED AND SEED PHILOSOPHY Chief Walters discussed the Weed and Seed philosophy, which is the concept of using City Departments to come together as a City team to permanently change the environment of a specific area. He reviewed the original Weed and Seed sites and the expanded areas, which will include the 800 block of South Townsend and the 1900 block of West Mrytle. Using this same model, Community Policing Problem Solving is used now to make long- term positive changes in this area and other problem areas of the City. 4. SCHEDULE JULY PUBLIC SAFETY COMMITTEE MEETING After discussion, it was decided that the next Public Safety meeting would be July 31, 2007. PUBLIC COMMENTS There were no public present. COMMITTEE MEMBER COMMENTS There were no additional Committee member comments. 13 B-5 2 7. ITEMS FOR NEXT MEETING A. Police and Fire Assessment Needs B. Santa Ana Police Athletics and Activities League (SAPAAL) C. Use of Cameras on Water Towers for Enforcement Purposes D. After Action Report on Illegal Fireworks E. Stolen Shopping Carts Enforcement F. Crime Trends 8. NEXT MEETING DATE -July 31, 2007, 5:30 p.m., City Hall, 20 Civic Center Plaza, 8th Floor, Santa Ana, California. ADJOURNMENT - 7:10 p.m. PAUL M. WALTERS Chief of Police jc 13B-6 CITY COUNCIL COMMITTEE ON NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT Meeting Minutes September 26, 2006 CALL TO ORDER The meeting was called to order at 5:47 p.m. in Training Room 1602, City Hall Ross Annex. ATTENDANCE The following Committee members were present: Lisa Bist and Alberta Christy Absent: Carlos Bustamante Staff present were: Jay Trevino, Executive Director Planting and Building Agency; Joe Fletcher, City Attorney; Ben Kaufman, Chief Assistant City Attorney; Karen Haluza, Planning Manager; Bruce Dunams, Community Preservation Manager; Estella Rodarte, Senior Community Preservation Inspector; and Paula Lomeli, Senior Community Preservation Inspector. AGENDA ITEMS APPROVAL OF MINUTES A. August 16, 2006 Special Meeting B. August 22, 2006 Meeting Approved by a vote of 2:0 (Bustamante absent) 2. HUMAN SIGNS Ben Kaufman advised the group of a recent court ruling in Washington that ruled against a city for citing "human signs". Ben indicated that based on that ruling, it would be virtually impossible to pass an ordinance. Joe Fletcher stated he was going to get together with other city attorneys from other cities to try to come up with a group approach versus city by city. Councilmember Bist suggested we start taking photos to document the problem. 3. PARKING LIFTS Karen Haluza conducted a Powerpoint presentation on parking lifts on the market. She showed photos of an apartment complex on the south end of the city that is currently using a lift system and also a new system proposed for a small mixed-use project on 4~" Street in the Downtown. After some general discussion, Councilmember Bist suggested staff send a memo to council and ETAC advising about the availability of this type of technology. 4. PUBLIC COMMENTS ON NON-AGENDA ITEMS -None 13 B-7 5. COMMITTEE MEMBER COMMENTS -None 6. ITEMS FOR NEXT MEETING -None 7. NEXTy1g,ETING DATE: Tuesday, October 24, 2006 Dunams wnity Preservation Manager ing & Building Agency BD:PL:rb S: Council Comm/NICE CC/NICE Minutes o9-28-06 ~,~ Neighborhood Improvement/Code 2 September 26, 2006 Enforcement Council Committee Minutes 13B-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: APPOINTMENT OF MEMBERS TO THE SANTA ANA WORKFORCE IN~7ESTMENT BOARD a ~~", /_ s" lift CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"' Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Appoint Mr. Oscar Novelo, Chief Development Officer, Hispanic American Holdings, Inc. and Ms. Stacey Sanchez, Executive Director, Southern California Reinvestment Community Development Financial Institution, as private sector members to the Santa Ana Workforce Investment Board. WORKFORCE INVESMENT BOARD ACTION At its Regular Meeting of July 13, 2007, by a vote 19:0 (Chapman, Chen- Lee, de Leon, Lin, Martinez, Quarles, Wadhera, Ward absent) the Workforce Investment Board recommended that the City Council appoint Oscar Novelo, Chief Development Officer, Hispanic American Holdings, Inc. and Ms. Stacey Sanchez, Executive Director, Southern California Reinvestment Community Development Financial Institution as private sector members to the Santa Ana Workforce Investment Board. DISCUSSION On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana Workforce Investment Board and appointed 35 members. In accordance with the federal legislation, a majority of the Board members and the Board Chair must come from the private sector. The remaining Board members represent education, non-profit organizations, one-stop mandated partners and local labor organizations. Currently there are five mandated private sector vacancies on the Board and two public sector mandated vacancies consisting of one migrant and seasonal farm worker seat and one local labor seat. After an extensive recruitment campaign and interview process, the Marketing Committee is recommending Mr. Oscar Novelo and Ms. Stacey Sanchez as private sector 13C-1 Appointment of Members to the WIB August 20, 2007 Page 2 members. The resumes and nomination forms are attached (Exhibit 1). Staff will continue to work to fill the remaining vacancies on the Board. FISCAL IMPACT There is no fiscal impact associated with this action. Ste en G ~~ rding Deputy City Manager for Development Services Community Development Agency SGH/LS/FLJ/mlr H:\ACTION ITEMS \C OONCIL\2007 CC\ApptMembers-NOVelo&Sanchez 8-20-07.doc 13C-2 w d ^o w O U ~. w w on O 0 ~ V _ a z x o _ U ~ ~ V ~ ~ Q ~I V z G O .~ 0. w ~ ~ ~ ~ m ~ ~ ~+ ti ~ ~ o. U ~' ~V' `a ~' W. ~ ~ ~ ~ y y C ~; f~ f- ~ U N T ~, o y U O ~ C ,~ ~ on -,~ ~ ~ N ~ O c~tl ~ ~ ~, O ~ x cC o ~ - x ~ ~ a ~ ~ . ~ o b ~ E 'o q ~ Y ~3 ~ 3 x c o ~ ~ ~ = 3 ~ ~ O a ~ ~ ~ : w^ o ~ ~ ° x ~ ~ ~ :-y `~ ¢ :~ ~ ¢ ~ ~ ~ a rz tXh~blt 1 o ~ ry ~ z o O x U O v., ~ ~ N 0 U ~' ~ ~~ ~ ~' Vj' ~ ~ 0 v v~ ~ W ~ ~ c ,a >r~ i u. ++ ~~ U .~ x ~ ~ p U ., U ~ ° x w 3 ~ w° ~ C~ ti ~ ~ ~ ~ o~i ~ ~ ~ ~ ~ ~ " ~ O C z °~ a+ ~ 'o a ~ ~~_ U .~ ~ ~ ~ ~ E o ~ ~ U > U N w ~ ~ ~ 3 .~ o aa Y" v 0 0 0 a N .~ a~ n d L e 13C-3 Oscar J. Novelo EDUCATION University of Southern California Master of Planning and Development Studies University of Southern California Bachelor of Science in Public Administration EXPERIENCE May 2001 Los Angeles, CA May 1991 Los Angeles, CA Chief Business Development Officer Santa Ana, CA Santa Ana Business Bank (In Organization) 7/06 to present • At this time, Santa Ana Business Bank is a proposed commercial bank "In Organization". It has secured regulator approval from the FDIC and the CA DFI. It is in the stock sale phase of the project. Once it secures the necessary capital, it plans to open as a bank in downtown Santa Ana. • Currently, I am working for the proposed bank as a consultant, helping set up all the various infrastructures that are needed to open up as a bank by mid-2007. Once the bank is open, I will be the bank's Senior Vice President in charge of Business Development, supervising two Business Development Offcers. Mortgage Loan Officer Irvine, CA Bank of America 8/05 to 7/06 • Originated home loans on 1-4 unit properties for either purchases or refinances. • Conducted frst-time homebuyer seminars and collaborated with organizations such as Neighborhood Housing Services of OC, Fair Housing Council of OC, and ACORN Housing Corporation. Community Development District Manager Santa Ana, CA City of Santa Ana, Community Development Agency 6/01 to 8/05 Acted as the Redevelopment Agency's owner's agent for the development of four new single-family homes in a historic district, working directly with architects, engineers, planning and building officials. Served as liaison to 32 neighborhood associations to facilitate the resolution of various quality of life issues. Liaison with several internal departments including planning, redevelopment, economic development, code enforcement, building, police, traffic, and public works, as well as the city manager's office and councilmembers. Coordinated several training programs for apartment managers and neighborhood leaders. Field inquiries from the media and oversee the work of two subordinates. Redevelopment Project Analyst Carson, CA City of Carson, Redevelopment Agency 6/00 to 6/01 • Coordinated the work of several consultants (real estate appraisers, goodwill appraisers, acquisition agents, relocation specialists, and legal counsel) for the acquisition of seven properties along Carson Street. • Administered two EPA Brownfields grants totaling $700,000 in addition to a $770,000 HUD Brownfelds grant. • Assisted in the creation of two business expansion/retention loans totaling $3,400,000. • Managed the development of an affordable housing strategy and oversaw the work of a redevelopment intern. Development Specialist III Monterey Park, CA County of Los Angeles, Community Development Commission 4/97 to 5/00 • Presented Community Development Block Grant training workshops to Commission divisions, 48 participating cities and subrecipient county departments. • Reviewed funding proposals submitted by the county redevelopment agency, county departments, community- based organizations, and participating cities, and made funding recommendations. • Served as lead staff member in the preparation of the Community Resource Investment Strategy, an internal budgeting document that planned for the allocation of $22,500,000 and linked into the Consolidated Plan. 13C-4 Teacher Cudahy, CA Los Angeles Unified School District 8/95 to 4/97 • Taught fourth, ffth, and sixth graders at Teresa Hughes Elementary School in Cudahy. • Formally identified six students that needed Individual Educational Plans and eight gifted students. • Served on the School Site Leadership Council where we allocated discretionary funds. • Supervised one teaching assistant. of Development Specialist Anaheim, CA 7/92 to 6195 • Served as the City's Community Development Block Grant (CDBG) Program liaison to four neighborhood councils, performing outreach and enceuraging citizen participation. • Developed and maintained a database of the City's 3,000 CDBG stakeholders. • Created a bilingual newsletter on a monthly basis. • Monitored and provided technical assistance to CDBG funded non-profits. SKILLS 8: LICENSES Real Estate Broker- Licensed as a Real Estate Broker by the California Department of Real Estate Notary Public -Commissioned as a Notary Public by the California Secretary of State Bilingual -Fluent in Spanish PROFESSIONAL AFFILIATIONS National Association of Hispanic Real Estate Professionals-0C Chapter, Board Member 2007-2009 Association of Latino Professionals in Finance and Accounting, Member Santa Ana Chamber of Commerce, Member CIVIC AFFILIATIONS Affordable Housing Clearinghouse, Board Member 2007-2008 City of Pico Rivera, Planning Commissioner 2001 Burke Home Owners Association, Board Vice President/Treasurer 1998-1999 Mexican American Legal Defense & Educational Fund, Leadership Program Graduate 1994 Partnership for Community Building, Inc., Board Secretary & Finance Committee Chair 1990-1993 REFERENCES Provided upon request. 13C-5 W w a a W W N N V w O v ti w Q U C. cN G y G w .~ U 0 O U N Q .~ k W N U G W U L'i N .C 0. W O 0 . U ~ ~. z 3 O a, P O ~' N . ~ ~ ,~ .~ v, m ti ti v, ti ~. Q h v w N a w ~ ¢ ~ .~ Y ro ~ .C o ~n ~ ~ otdn ~ h ° itl N ~ O ~ `x° o d ~ ~ i+ ~ V 0 'b ~ °' -0 ~ N Y 3 ~ 3 o 3 o ~'' O ti ~ aco ~ ~3 -o ~ ~ ~ o a °. N ~ ~ ~ "'~ w o N ° ~ ~ 'Y ~ ~ rTi R-i' Q ~ U ~i O ° 0 m .~ ~ z O ; 0 ~ ~ ~ U O U ,~ ~ ~ ti ~ ~ ~ o ~ ~ ~ U Q', ~ ~` n ° ti~ .a ~ U .> ~ w o ~ ~ ~ a a .~ U .a ~ ~ o U Y ~ ° ~ 3 ~ v° ~ E Ti ~ `ti ~ .~ ~ ~ 'n ~ ~ ~ > ~' ~ a~ ~ O G ~~ o z ~ a+ Q a ~ U ~ .~ x ro ~ ~ o U C X ° U > ~ ~ W ~ ~ (~ ~ ~ ~ ." p o U ~ U 0 0 0 a~ N N n n r a~ a E a~ E 13C-6 Stacey Lynn Sanchez 2339 Colgate Dr., Costa Mesa, CA 92626 714-979-5244 PROFESSIONAL EXPERIENCE EXECUTIVE DIRECTOR Southern California Reinvestment CDFI (3/05 to Present) Duties: Manage amulti-bank lending consortia's established in October 1995 for the purpose of providing structured balance sheet financing and Standby Letters of Credit to small business owners. Service Riverside, San Bernardino, Orange and contiguous counties. Responsibilities include organization policies/procedures, financial reporting, loan servicing/processing, marketing, budget oversight, investor reporting and relations, personnel and credit portfolio management, fundraising, capitalization campaigns. Report to a board of directors, advisory board and investment committees. REGIONAL OFFICE MANAGER CDC Small Business Finance (8/03 to 3/05) Duties: Provide support to Executive Vice President by developing and implementing special projects, providing marketing support, and other duties as assigned. General administration of Santa Ana, Riverside and Pasadena Office including direct supervision of support staff, point person for all facilities, and oversight of rewards and recognition and disciplinary actions if warranted. Represent CDC at business related functions and recommend CDC support in community development. Provide support to community development loan programs by assisting in capitalization campaigns, loan pool formations, assist in board management and marketing of community loan programs. Accomplishments: • Researched and proposed new phone system for company that met all corporate specifications. • Moved two existing office locations and opened new location in Pasadena, including lease negotiations, furniture and equipment purchases. • Successfully applied for Federal grant support for community loan program. LEAD ECONOMIC DEVELOPMENT SPECIALIST (EDS)/PUBLIC INFORMATION OFFICER(PIO) U.S. Small Business Administration Santa Ana District Office (12/98 to 8/2003) Duties: Lead EDS/PIO -Developed and implemented adistrict-wide marketing strategy to encourage community and economic development agencies and other key resource partners to participate with SBA in providing assistance to small businesses. Served as SBA representative in discussion and meeting with community planners, local business owners, banking officials, politicians, citizen groups etc. 13C-7 Responsible for developing and maintaining media relationships and contacts, and meeting SBA's goals for publication of SBA programs and services. Accomplishments: • Successfully increased SBA's participation in key events in the district. • Developed power point presentations on all programs and services of the SBA improving the consistency and professionalism of speaker's bureau. • Increased participation by business organizations and lenders in SBA Small Business Week Awards, producing 6 national winners and 3 regional winners in two years. • Successfully increased the district's press coverage of events, information and success stories, in local media and business organization and chamber newsletters. • Featured speaker for SBA programs and services at nearly 50 events in a three-year period. ANALYST - Stultz Financial, Newport Beach, CA (2/97-12/98) Duties: Screen clients for SBA loan program eligibility and prepare SBA loan packages. Analyze 7(a) companion loans and 504 companion first trust deed loans for potential sale on the secondary market. SMALL BUSINESS CONSULTANT -Pomona, Orange County, Torrance and Long Beach Small Business Development Centers (3/97-11/98) Duties: Prepared Minority and Women SBA Pre-Qualification Applications & reviewed potential applicants for program eligibility. Provided consulting to clients in financing, business plan development, and government procurement. Conducted business workshops on a variety of topics. PROCUREMENT/MARKETING SPECIALIST /JUNIOR FINANCIAL ANALYST VEDA Minority Small Business Development Center (MBDC) -San Bernardino (11/95-2/97) Duties: Marketed the services of the MBDC to the Inland Empire ethnic business organizations and the local lending community through speaking engagements, exposition participation, publications in organization newsletters and local media, representation on committees and attendance at monthly mixers and special events. Provided management and technical assistance to local minority owned businesses in procurement, bonding, marketing & business plan development. Assisted Senior Financial Analysts by preparing loan applications, proforma financial and cash flow statements. Managed and promoted a Contractor's Plan-Room, which provided plans and specifications to local contractors. DISTRICT MANAGER -Standard Rent Afar -Sacramento, CA (6/85-4/94) Duties: Responsible for profitability, service, marketing, employee training, hiring and promotion for 5 retail locations, with 50 employees including 3 outside sales representatives, 5 managers, and 15 management trainees.. 13C-8 EDUCATION Bachelor of Science, Business Administration, California State University, Northridge Certificate - Mediation Skills, California State University, Long Beach 1/96 Certificate -Training Instructional Design, California State University, Long Beach 1/96 PROFESSIONAL • International Economic Development Council -Intro to Economic Development - 1/07 • SBA Eligibility and Packaging SOP 50-10 -National Association of Government Guaranteed Lenders - 7/98 • U.S. Small Business Administration -Commercial Credit 1: 1999 • U.S. Small Business Administration National Outreach Office Sales & Marketing Training - 1999 • U.S. Small Business Administration Marketing & Outreach Training - 2000 • U.S. Small Business Administration -Public Affairs Training - 2000 TECHNICAL Proficient in, Microsoft Word, Excel, PowerPoint, Outlook, Publisher and ACT. • SBA Small Business Awards Planning Committee - 1999 to 2006 • Asian Business Association Corporate Advisory Board - 2003 to 2006 • Tri-Coun[y Small Business Development Center Advisory Board - 2004 to present • First 5 of Riverside County Task Force - 2005 to present • San Bernardino Women's Business Center Advisory Board - 2006 to present AWARDS 1999 Minority Small Business Advocate by San Bernardino County Board of Supervisor 13C-9 13C-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: LIST OF CITY STREET PROJECTS TO BE FUNDED BY COUNTY OF ORANGE PROPOSITION 1B FUNDS ~~ CITY MANAGER RECOMMENDED ACTION Approve the list of City street projects and authorize the City Manager to submit them to the County of Orange for funding utilizing Proposition 1B funds. Proposition 1B was approved in a statewide election on November 7, 2006 and provides $2 billion in non-competitive local assistance funding to cities and counties. The Local Streets and Roads component of Proposition IB provides the County of Orange approximately $61.6 million to be deposited to the County Road Funds. On July 31, 2007 the Board of Supervisors agreed to equally divide the $61.6 million among the five supervisorial districts. The City of Santa Ana could, on a per capita basis, be expected to receive approximately 58~ of District One's $12.3 million funds, which equates to $7.0 million. The Public Works Agency has developed a list of eligible projects for funding. These are high priority projects and would include pavement rehabilitation and replacement of damaged curb, gutter and sidewalk. The street improvement projects are listed below: Street Fifth Street Plaza Drive Civic Center Drive Susan Street Eastwood Street CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Limits Fairview Street MacArthur Blvd. French Street to MacArthur Blvd. Fourth Street to 19C-1 to Jackson Street to Sunflower Avenue Santiago Street to Sunflower Avenue Fruit Street List of City Street Improvement Projects August 20, 2007 Page 2 The Public Works Agency recommends approval of the identified list of projects for submittal to the County of Orange for Proposition 1B funding. Funds would be available in FY 08/09. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with the submission of the listing to the County of Orange. ~~~v ~~,~~~'o r James G.' Ross Executive Director Public Works Agency 19C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: DEMAND OCCUPATION LIST FOR PROGRAM YEARS 2007-2008 AND 2009 C CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1" Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the Demand Occupation List for Program Years 200"7-2008 and 2009. WORKFORCE INVESMENT BOARD ACTION At its Regular Meeting of July 13, 2007, by a vote 19:0 (Chapman, Chen- Lee, de Leon, Lin, Martinez, Quarles, Wadhera, Ward absent) the Workforce Investment Board recommended that the City Council approve the Demand Occupation List for Program Years 2007-2008 and 2009. DISCUSSION The Workforce Investment Act of 1998 (WIA) requires that training services provided under WIA must be linked to occupations that are in demand in the local area. After conferring with the State Employment Development Department, the Labor Market Information Division and using the new 2004-2014 occupational employment predictions, the Employer and Customer Services Committee of the Workforce Investment Board has developed the proposed Demand Occupation List (Exhibit 1). The Demand Occupation list is updated every two years and can be modified at any time to either add or delete an occupation. This list is utilized by the case managers at the City of Santa Ana WORK Center to assist customers in making informed choices when selecting occupations for vocational training. The Workforce Investment Act, 1998 requires Workforce Investment Boards to regularly approve and update a Demand Occupation List for their local areas. 19D-1 Demand Occupation List August 20, 2007 Page 2 The proposed Demand Occupation List fulfills the requirements of the WIB and once approved will be distributed to customers at the Santa Ana WORK Center. FISCAL IMPACT There is no fiscal impact associated with this action. ~ / Step en G. Ha ding Deputy City anager for Development Services Community Development Agency SGH/LS/mlr Demand Occupation List 8-20-07 19 D-2 SANTA ANA DEMAND OCCUPATION LIST PY07- 08 & 09 (Based on EDD/LMI Occupations with Most, Fastest 8 Greatest Growth O.C.2004-201 d) SoC coDE OCCUPATION 13-1031 Claims Ad'usters, Examiners and Investi ators 15-1000 Com uter S ecialists 17-3031 Surve in and Ma in Technicians 21-1093 Social and Human Service Assistants 29-2012 Medical and Clinical Laborato Technicians 29-2034 Radiolo is Technolo fists and Technicians 29-2041 Emer enc Medical Technicians and Paramedics 29-2052 Pharmac Technicians 29-2055 Sur ical Technolo fists 29-2061 Licensed Practical and Vocational Nurses 29-2071 Medical Records and Health Information Technicians 31-1011 Home Health Aides 31-1012 Nursin Aides, Orderlies, and Attendants 31-2022 Ph sicalThera istAides 31-9091 Dental Assistants 31-9092 Medical Assistants 33-9032 Securit Guards 35-1012 First Line Su ervisors/Mana ers of Food Pre aration and Service Workers 35-2014 Cooks, Restaurant 37-1012 37-2021 First Line Su ervisors/Mana ers of Landsca in ,Lawn Service and Groundskee in Workers Pest Control Workers 37-3011 Landsca in and Groundskee in Workers 39-5092 Manicurists and Pedicurists 39-9011 Child Care Workers 41-1011 First-Line Su ervisors/Mana ers of Retail Sales Workers 41-4011 Sales Re resentatives, Wholesale and Manufacturin , Techical & Scientific Products 41-4012 Sales Re resentatives, Wholesale &Manufacturin ,Exce t Tech & Scientific Products 43-1011 First-Line Su ervisors/Mana ers of Office and Administrative Su ort Workers 43-3011 Bill and Account Collectors 43-3031 Bookkee in , Accountin ,and Auditin Clerks 43-3071 Tellers 43-4051 Customer Service Re resentatives 43-4081 Hotel, Motel, and Resort Desk Clerks 43-4111 Interviewers, Exce t Eli ibilit and Loan 43-4171 Rece tionists and Information Clerks 43-4181 Reservation and Trans ortation Ticket A ents and Travel Clerks 43-5061 Production, Plannin and Ex editin Clerks 43-5071 Shi in , Receivin ,and Traffic Clerks 43-6011 Executive Secretaries and Administrative Assistants 43-6014 Secretaries, Exce t Le al, Medical and Executive 43-9061 Office Clerks, General 47-2021 Brickmasons and Blockmasons 47-2022 Stonemasons 47-2031 Car enters 47-2041 Car et Installers 47-2044 Tile and Marble Setters 47-2051 Cement Masons and Concrete Finishers 47-2061 Construction Laborers EXHIBIT 47-2081 D all and Ceilin Tile Installers Pa e 1 of 2 47-2082 Ta ers 19D-3 47-2111 Electricians 47-2121 Glaziers 47-2131-2 Insulation Workers 47-2141 Painters, Construction and Maintenance 47-2152 Plumbers, Pi efitters and Steamfitters 47-2161 Plasterers and Stucco Masons 47-2181 Roofers 47-2211 Sheet Metal Workers 47-2221 Structural Iron and Steel Workers 47-3013 Hel ers -Electricians 47-3014 Hel ers -Painters, Pa erhan ers, Plasterers and Stucco Masons 47-4041 Hazardous Materials Removal Workers 49-2022 Telecommunications E ui mant Installers and Re airers, exce t line installers 49-2098 Securit and Fire Alarm S stems Installers 49-3023 Automotive Service Technicians and Mechanics 49-9021 Heatin ,Air Conditionin ,and Refri eration Mechanics and Installers 49-9042 Maintenance and Re air Workers, General 49-9052 Telecommunications Line Installers and Re airers 49-9062 Medical E ui ment Re airers 49-9098 Hel ers -Installation, Maintenance, and Re air Workers 51-1011 First-Line Su ervisors/Mana ers of Production and O eratin Workers 51-2091 Fiber lass Laminators and Fabricators 51-2092 Team Assemblers 51-4041 Machinists 51-4121 Welders, Cutters, Solderers and Grazers 51-6031 Sewin Machine O erators 53-3032 Truck Drivers, Heav and Tractor-Trailer 53-3033 Truck Drivers, Li ht or Delive Services 53-7051 Industrial Truck and Tractor O erators EXHIBIT 1 Page 2 of 2 19 D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 20,2007 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS v ~~ CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section SB of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19E-1 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: August 8, 2007 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in Ciry Council Resolution 2006-045. Thank you. 19E-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2007 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence July 1, 2005 and prior Correspondence/ July 1, 2005 Chronological Files Councilmember Self-explanatory and prior Council Requests Mayor Inquiries processed for Mayor July 1, 2005 and prior Wards 1 through 6 Inquiries processed for Councilmembers July 1, 2005 and prior Correspondence General Correspondence Self-explanatory July 1, 2005 and prior Staff Inquiries processed for Staff July 1, 2005 and prior Monthly Status City Manager Self-explanatory July 1, 2005 Reports and prior Payroll Records Council/Staff Self-explanatory July 1, 2005 and prior July 1, 2005 Travel Folders Council/Staff Self-explanatory and prior APPROVE: CONSENT: David N. Re D to ,~ 1 ph .Fletcher Date City Manager ~"'` itv Attorney RECORDS DESTROYED: Volume Weight in Cubic Feet in Pounds AUDITED BY: Mark Lawrence Date Assistant to the City Manager 19E-3 19E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING SANTA ANA'S FOCUSED ENFORCEMENT TEAM GRANT FUNDING MODIFICATION- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing additional funding from the Office of Emergency Services in the amount of $47, 851 for the FY 2007 Santa Ana's Focused Enforcement Team Grant and transferring the additional required matching funds of $15,950 to appropriate a total amount of $63,801 into the FY 2007 Santa Ana's Focused Enforcement Team Grant fund. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to amend the agreement with Community Services Program Inc., Family Violence Victim Services, to continue operating the domestic violence victim advocacy program for an additional six month term in an amount not to exceed $33,683. DISCUSSION On April 2, 2007, Council accepted the California Office of Emergency Services (OES) grant funds in the amount of $95,701 for the FY 2007 Santa Ana's Focused Enforcement Team (SAFE-Team) project. The project grant period end date has been extended and additional funding in the amount of $47,851 has been awarded to the Police Department, increasing the total aggregate award to $143,552. The grant requires a 25 percent match of the project total. The grant period extension and the additional funds will enable the continuation of the assignment of an additional domestic violence investigator and a full-time victim advocate to handle cases of domestic violence, sexual assault, and stalking for six additional months. The Victim Information and Notification Everyday (VINE) system, domestic violence training for law enforcement personnel, and police apprehension and suppression efforts for domestic violence offenders will also be continued. 20A-1 SAFE-Team Grant Modification August 20, 2007 Page 2 FISCAL IMPACT Approval of the appropriation adjustment will increase the OES FY 2007 SAFE-Team Grant revenue fund (account no. 155-01-5367-4) by $47,851, transfer $15,950 from the Police Department Crimes Against Persons fund (account no. 011-341-6291), and appropriate same into the OES FY 2007 SAFE- Team Grant expenditure fund (account no. 155-360-various). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. ers ~~zChief of Police Police Department L/~.y/~/~F'D C-C~I a> ~ ~~--~ /Francisco Gutierrez _ /) D Executive Director /~/_ Finance & Mgmt. Services Agency 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING COUNTY OF ORANGE, FAMILY AND CHILDREN TOGETHER FUNDS FOR THE CORBIN FAMILY RESOURCE CENTER ,` i ,.' 1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing $35,250 in the County of Orange, Family and Children Together program revenue account (no. 169-01- 5361-800) and appropriating same to the Families and Communities Together program expenditure account (no. 169-273-various). DISCUSSION The Family and Children Together (FaCT) Program operates out of the Corbin Family Resource Center and provides services promoting safe and stable families to at-risk-youth and families with children ages birth through 18 years. The Center has received FaCT funding from the County of Orange since 1999. The Corbin Family Resource Center received $374,426 in FY 2007-08 funding. The Parks, Recreation and Community Services Agency will receive $35,250 of the total grant award to provide information and referral services and childcare for clients attending programs at Corbin. Among the partners participating with the Parks, Recreation and Community Services Agency are: Children's Bureau of Southern California, Olive Crest Treatment Centers, and Human Options. The funding will begin July 1, 2007, and allows for three additional one-year renewals. FISCAL IMPACT The appropriation adjustment will enhance the County of Orange Families and Children Together program revenue account (no. 169-01-5361-800) and Families and Children Together program expenditure account (no. 169-273- various) by $35,250. APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~~ (,G(,l~srdtiC-~, ~p,Ger rdo Mouet ~~~ancisco Gutierrez Exe utive Director E ecutive Director Parks, Recreation and Com. Svcs. F'~nance & Management Services Agency 20B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: CONTRACT RENEWAL FOR PAINT AND SUPPLIES (SPEC. NO. 06-125) CI MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance onl~~ Reading ^ d Ordinance on 2 Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Vista Paint Corporation for paint and supplies for a one-year period in an annual amount not to exceed $95,000. DISCUSSION The Central Stores section of the Finance and Management Services Agency provides an assortment of interior and exterior paints and supplies such as brushes, rollers, and masking tape to departments throughout the City. The Public Works Agency and Parks, Recreation and Community Services utilize the majority of the paint and supplies purchased. The Public Works Agency requires industrial and traffic paints for graffiti abatement, fire hydrants, curbs, crosswalks, and lane markings; the Parks, Recreation, and Community Services Agency requires supplies to maintain various recreation centers and park restrooms. The contract for paint and supplies is designed to provide quality products at significant savings based on quantity pricing. On October 2, 2006, the City Council awarded a contract to Vista Paint Corporation for a one-year period with provision for four, one-year renewals. The vendor has agreed to renew the contract; however, the vendor has requested a three percent increase due to the rising costs of raw materials. The vendor 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 Operating Materials & Supplies accounts (object code 6391). 1c~rancisco Gutierrez "~ ,.JU, Executive Director Finance and Management Services Agency FG/WO/06-125R1.2:uc 2 2/y-1 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: CONTRACT AMENDMENT AND AWARD FOR POLICE VEHICLES (SPEC. NOS. 06-144 AND 07-074) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO ~ 4d~'"cC-I 1'~L~ FILE NUMBER CIT MANAG RECOMMENDED ACTION 1. Amend the contract with Long Beach BMW for the purchase of four police equipped motorcycles in the amount not to exceed $89,887. 2. Award a contract to Wondries Fleet Group, under the Cooperative Purchase Provision of Los Angeles County, for the purchase of one police equipped four-door utility vehicle in the amount not to exceed $34,262. 3. Award a contract to Moss Motors, under the City of Los Angeles Cooperative Agreement, for the purchase of four police equipped full-size vehicles in the amount not to exceed $97,425. DISCUSSION The Fleet Maintenance Division's annual Equipment Replacement Program is included in the City's annual budget, and identifies vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. Additionally, the Fleet Division reviews the acquisition in accordance with the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid motorcycles and vehicles are not manufactured with a police equipped configuration in any of the listed categories. The Police Department uses a variety of different vehicles to perform routine business. The Traffic Division utilizes police equipped BMW motorcycles to enforce traffic regulations, and utility vehicles to transport staff and equipment to field operations such as DUI/Driver's License checkpoints. Both the Patrol and Traffic Divisions utilize full- size police equipped vehicles for routine business. Due to their age and condition, all nine listed 1995 to 2001 model vehicles have been approved for replacement in the current fiscal year. 22B-1 Contract Amendment August 20, 2007 Page 2 and Award for Police Vehicles On April 16, 2007, the City Council awarded a contract to Long Beach BMW for the purchase of two police equipped BMW motorcycles. The vendor has offered to extend the same terms and conditions for four additional police equipped BMW motorcycles. The Ford Motor Company has announced their intent to end production of Crown Victoria line of police equipped full-sized vehicles, which constitutes the majority of the Police Department fleet. As a result, the Police Chief has requested one Dodge Charger for trial evaluation in the Patrol Division and three Dodge Magnums for the Patrol, Traffic, and K-9 Divisions, respectively. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The County of Los Angeles' contract with Wondries Fleet Group for a Chevrolet police equipped Tahoe and City of Los Angeles' contract with Moss Motors for one Dodge Charger sedan and three Dodge Magnums were awarded as a result of open, competitive bidding, and meet the City's requirements. Staff recommends the purchase of the stated vehicles. FISCAL IMPACT Funds are available in the Equipment Replacement account (no. 76-145-6641). /Francisco Gutierrez T 'C1 Executive Director ~~ Finance and Management Services Agency FG/KM/06-144A.2 and 07-074.2:uc 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: CONTRACT AWARD FOR VIDEO EQUIPMENT (SPEC. N0. 07-054) CFA ~v~-~- ~ ~ ~~. _ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to ProMax Systems, Inc., for video equipment in the amount not to exceed $64,000. DISCUSSION The Police Department produces training and informational video programming for internal use, for other city and public agencies, and for the community. Major components of the existing video system are over ten years old and are obsolete. The recommended action will replace old analog equipment and allow staff to produce and distribute high quality media programming consistent with current and projected video, television and computer technologies. Invitations for Bid were sent to twelve vendors and no bids were received. Staff contacted the non-responsive vendors and only ProMax was able to provide equipment, installation, and extended warranty as specified in the bid. Due to staffing issues, ProMax indicated that they were unable to complete their bid prior to the bid deadline and therefore did not submit a bid. Upon review, staff determined that the equipment, installation and extended warranty coverage offered by ProMax Systems, Inc., meets the City's specifications. Staff believes an additional solicitation for bids would be an idle act and recommends approval. To allow for unanticipated requirements, a ten percent contingency has been included in the award amount. 22C-1 Contract Award for Video Equipment August 20, 2007 Page 2 FISCAL IMPACT Funds are available in the Police Criminal Activities Fund Department of Justice account (no. 26-343-6641). APPROVED AS TO FUNDS AND ACCOUNTS: J~ti~~ l ti~ ~ _ ~~ ~ /~ ~ Paul M. Walters ~j ~ancisco Gutierrez ~~:? Chief of Police yJ~-Executive Director Finance & Mgmt. Services Agency PMW/BP/07-054.7:uc 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: CONTRACT AMENDMENT FOR LIFT TRUCK AND AWARD FOR GRAFFITI TRUCKS (SPEC. NOS. 07-011 AND 07-073) t ,' . /- 7 ~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Amend the contract with Altec Industries, Inc., for the purchase of one lift truck with aerial device in the amount of $90,234.56; and increase the aggregate limit for miscellaneous vehicle parts in an amount not to exceed $10,000 annually. 2. Award a contract to Roadline Products, Inc., using the City of Santa Barbara's contract, for the purchase of two graffiti removal trucks in the amount of $186,716.12; and increase the aggregate limit for miscellaneous vehicle parts in an amount not to exceed $10,000 annually. The Fleet Maintenance Division's annual Equipment Replacement Program is included in the City's annual budget, and identified vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. Additionally, the Fleet Division reviews the acquisition in accordance with the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid vehicles are not manufactured in the heavy-duty truck line. Agencies utilize heavy-duty trucks to perform routine business. The General Maintenance Section of Parks, Recreation and Community Services maintains 39 parks facilities, the Santa Zoo at Prentice Park and the Civic Center. A manlift truck is used to perform tree trimming, lighting replacement and general maintenance including required painting. The Public Works Agency's Maintenance Division performs their graffiti removal operations with specially equipped trucks carrying high pressure steam cleaners. One 1991 Ford truck and two 1997 trucks in worn condition have been approved for replacement in the current fiscal year. 22D-1 Contract Amendment for Lift Truck and Award for Graffiti Trucks August 20, 2007 Page 2 On February 5, 2007, the City Council awarded a contract to Altec Industries, Inc., for the purchase of one lift truck with aerial device. The vendor has offered to extend the same terms and conditions for one additional manlift truck. The Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The City of Santa Barbara's contract with Roadline Products, Inc., for graffiti trucks was awarded as a result of open, competitive bidding, and meets the City's requirements. Staff recommends the purchase of one manlift truck and two graffiti trucks. Altec Industries, Inc., vehicle parts for their combined with previous contract year exceeds t future purchases, staff vendor. FISCAL IMPACT and Roadline Products, Inc., provide miscellaneous product lines. The purchase of the new trucks when purchases by Fleet Services during the current ~e $25,000 aggregate limit. In order to facilitate recommends an increase to the aggregate amount per Funds are available in the Equipment Replacement account (no. 76-145-6641) for $211,950.68; Sanitation Fund Graffiti Abatement account (no. 68-634- 6641) for $65,000; and the Equipment Maintenance Garage Operations account (no. 75-111-6391) for $20,000. APPROVED AS TO FUNDS AND ACCOUNTS: i ~'+ Jam s R ss ~u,~'rancisco Gutierrez Executive irector Executive Director ~~ Public Works Agency Finance & Mgmt. Services Agency JGR/KM/07-OllA.9 and 07-073.9:uc 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: CONTRACT RENEWAL FOR UNLEADED FUEL (SPEC. NO. 06-066) CI ANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with G.P. Resources, Inc., for the purchase of unleaded fuel for a one-year period in an annual amount not to exceed $1,320,000. DISCUSSION The Fleet Division of the Finance and Management Services Agency provides diesel and unleaded fuel for all City gasoline and diesel operated vehicles. The fuel is stored in underground tanks located at the Corporate Yard, the Police facility, and Fire Stations No. 1, 4, 5 and 6. Pricing for the City's fuel purchases are based upon daily benchmarks published by the Oil Price Information Service (OPIS) plus fixed fees and applicable taxes. Prices in the volatile petroleum market have increased 58 percent since January 2007 and G.P. Resources, Inc., projects the basic price of unleaded gasoline to follow the same pattern through the current fiscal year. As a result of the volatile petroleum market, the City has established a program to evaluate the use of alternative fuels where applicable to reduce consumption of gasoline and diesel fuel. Currently, ten of the City's eleven street sweepers are fueled with compressed natural gas (CNG). Since the 05/06 fiscal year, 12 gasoline/electric hybrid vehicles have been added to the City fleet. In addition, the City is testing hydrogen as an alternative fuel and currently operates five hydrogenfelectric hybrid vehicles. On June 5, 2006, Th Inc., for a one-year vendor has performed agreed to renew the recommends the first e City Council awarded a contract to G.P. Resources, period with provision for four, one-year renewals. The satisfactorily during the past contract period and has contract without an increase in base pricing. Staff renewal of the contract. 22E-1 Contract Renewal for Unleaded Fuel August 20, 2007 Page 2 FISCAL IMPACT Funds are available (no. 75-111-6382). expenditures will period. in the Equipment The amount of the depend upon the Maintenance contract is requirements l1 Francisco Gutierrez J executive Director Finance and Management Services Agency FG/KM/06-066R1.2:uc Garage Operation account estimated, as the actual throughout the annual 22E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: CONTRACT AWARD FOR UTILITY TRAILER (SPEC. NO. 07-068) t ~ '~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Sundance Trailers, Inc., d/b/a Santek Trailers, for one utility trailer in the amount not to exceed $38,571. DISCUSSION The Santa Ana Police Department Traffic Division conducts periodic DUI checkpoints in the performance of their field job duties. A variety of equipment including commercial power generators and light towers must be transported to the checkpoint area for traffic control. The DUI equipment utility trailer is custom built to the specifications provided by the Traffic Division to meet their durability and storage requirements. In September 2006, a Request For Proposal was issued by the Police Department Traffic Division to 3 local custom trailer manufacturers. Each vendor attended a pre-bid meeting to review and clarify all specifications and construction requirements. Proposals were evaluated based on conformity to specifications, materials recommended and ability to paint and maintain the trailer. The proposal from Santek Trailers was assessed to offer the highest responsiveness to the specification and meets the City's requirements. Prior trailers built by Santek for the Police Departments have proven to be the best built and top quality over competitors' trailers. On August 21, 2006, the City Council accepted a $634,720 grant from the State of California, Office of Traffic Safety under the Traffic Safety, Selective Traffic Enforcement Program Grant. The grant allows the Police Department to conduct a Selective Traffic Enforcement Program including DUI/Driver's License checkpoints and patrols, and target enforcement of red light runners, aggressive speeders and drivers with unbelted vehicle occupants. The utility trailer will be used to transport equipment for the Selective Traffic Enforcement Programs. 22F-1 Contract Award for Utility Trailer August 20, 2007 Page 2 FISCAL IMPACT Funds are available in the Office of Safety Grant Selective Traffic Enforcement Program (STEP) account (no. 165-343-6641). APPROVED AS TO FUNDS AND ACCOUNT: Paul M. Walters ~~~F'rancisco Gutierrez ;~~ '? Police Chief Executive Director Finance & Mgmt. Services Agency PMW/KM/07-068.7:uc 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: CONTRACT AWARD FOR FIRS STATION NO. 7 TENANT IMPROVSMENT3 (PROJECT NO. 07-6010) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Award a contract to Unique Performance Construction, the lowest responsible bidder, in accordance with unit bid prices for the base bid plus alternate one in the estimated amount of $358,500 for Fire Station No. 7 Tenant Improvements project. 2. Approve a Funding Analysis with a total estimated construction cost of $466,050. DI3CU33ION The current dormitory areas at Fire Station No. 7 cannot accommodate both male and female firefighters (Exhibit 1). This project constructs a separate restroom, locker room and dormitory space for two female firefighters. The improvements will also upgrade the existing restroom, locker room and the entrance of the station to comply with ADA requirements. The Notice Inviting Bids was advertised on May 30 and June 1, 2007, and bids were opened on June 26, 2007. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 11 Contractors requesting bidding documents: 6 Bids received: 3 Bids received from Santa Ana Contractors: 0 23A-1 Fire Station No. 7 Tenant Improvements August 20, 2007 Page 2 NAME OF BIDDER CITY BID AMOUNT 1. Unique Performance Construction Costa Mesa $358,500 2. States Link Construction, Inc. Huntington Beach $362,400 A total of three bids were received and two were responsive. Taj Construction failed to include a bid bond with their bid, making their bid non-responsive. The lowest responsive bid was submitted by Unique Performance Construction for $358,500, which is above the Engineer s estimate of $300,000. BNVIRONMLNTAL IMPACT In accordance with the California Environmental Quality Act the recommended action is exempt from further review. Categorical Exemption No. ER 2007-114 has been filed. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $466,050 for the project (Exhibit 2). Funds are available in the Fire Department's Office of the Chief, Capital Building Improvements Fund (account no. 011-320-6621, encumbrance no. 101058). James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~~~ ~- ' :~ Francisco Gutierrez Executive Director ~u6~ Finance & Mgmt. Services Agency ~. ~.~L "" Steve W. itch field _. Interim ire Chief Fire Department K:\COnatruction\RFCA-draft\2007\8-20-07 Fixe Station No7 Award 07-6010 90WD 23A-2 CAMDEN SAINT GERTRUDE PL AVE ANAHURST PL [AYWOOD PL ti C Q' ~~ ARNER w ac a ®PROJECT ul~rrs EXHIBIT 1 SANTA ANA P'l_J ~~~ PL i_ ~_ ~i~ =- CONTRACT AWARD FOR FfiE STATION NO.7 TENANT IIYPROVEI.ENT3 (PROJECT N0.07-8010) 23A-3 FUNDING ANALYSIS PROJECT NO. 07-6010 FIRE STATE NO. 7 TENANT IMPROVEMENTS Construction Contract $358,500 Contract Administration $20,000 Inspection and Testing $34,000 Contingencies $53,550 TOTAL ESTIMATED CONSTRUCTION COSTS $466,050 Exhibit 2 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-02 FOR THE PROPERTY LOCATED AT 2117 NORTH VICTORIA DRIVE ((~~ ~(~ ~E CITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on Intl 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 David J. Lang, M. D. and Mary Joann Lang as Trustees of the Lang Family Trust for the structure located at 2117 North Victoria 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 David J. Lang, M. D. and Mary Joann Lang as Trustees of the Lang Family Trust for the structure located at 2117 North Victoria Drive at its August 2, 2007 meeting by a vote of 7:0 (Schaefer and Seeley absent). DISCUSSION After the public hearing on August 2, 2007, 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. 25A-1 HPP Agreement No. 2007-02 August 20, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $197.44 to $987.19 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~~ , D~ ~'- Jay Trevino ~!i rancisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency ~i HS:rb hs\hietoric info\mills act agreements\2119_N_V ictoria\hppa00-02.cc 25A-2 REQUEST FOR Historic Resources Commission Action HisroR~c RESOURCES comm~ssloN n~rriG DATE: AUGUST 2, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-02 FOR THE PROPERTY LOCATED AT 2117 NORTH VICTORIA DRIVE Prepared by Hally Soboleske HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO ~`~-t-~. Executive Director Planni g Manager 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 David J. Lang, M.D, and Mary Joann Lang as Trustees of the Lang Family Trust for the structure located at 2117 North Victoria Drive. DISCUSSION Request of Applicant The applicants, David J. Lang, M.D. and Mary Joann Lang, as Trustees of the Lang Family Trust, request the approval of Historic Property Preservation Agreement No. 2007-02 (Mills Act) between the applicant and the City of Santa Ana. Property Description The subject property includes a two-story residence and a detached two- car garage located at 2117 North Victoria Drive, and is within the Floral Park neighborhood. Surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. ~~13- HPPA No. 2007-02 August 2, 2007 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Landmark in May 2003 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. l~U~ v Ha ly So oleske Associate Planner HS:jm hs\hiatoric info\mills ac[ agreements\2ll0_N_Victoria\hppa0'1-02.hrc 25A-4 EXECUTIVE SUMMARY L. A. WEST HOUSE 2117 North Victoria Drive Santa Ana, CA 92706 NAME L. A. West House REF. NO. ADDRESS 2117 North Victoria Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1929 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Pazk NATIONAL REGISTER CRITERIA FOR EVALUATION B,C NATIONAL REGISTER STATUS CODE 3S Location: ^ No[ 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 espadarTa); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by lazge, 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 file roof coverings, flat roofs surrounded by tiled parapets; and stuccoed walls. The Spanish vocabulary also includes arches; asymmetry; balconies and patios; window grilles; and decorative elements of wood, wrought iron, tile, or stone. The L. A. West House appears eligible for listing in [he National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the Spanish Colonial Revival style, and under Criterion 4b, for its association with prominent Santa Ana citizen, attorney Leonard A. West. The house also contributes to the historic character of the Floral Pazk neighborhood through its age, style, scale, and historic associations. In addition, the L. A. West House has been categorized as "Landmark" because the building "appeazs to be eligible" to be placed on the National Register and the Califomia Register and "has a unique architectural significance" as an intact and representative example of the Spanish Colonial Revival style that contributes to the historic streetscape of North Victoria Drive (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: National Reeister Criteria for Evaluation: (From Appendix 7 of Instmctions for Recording Historical Resources, Office of Historic Preservation) B: that are associated with the lives of persons significant in our past. 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 Instmctions for Recording Historical Resources, Office of Historic Preservation) 3S: Appears eligible for separate listing. 2~~-B~' State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD 1 of 4 Primary HRI # NRHP Status G Other Listings Review Code Reviewer e name(s) or number (assigned by recorder) L A P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Orange TCA 1725 Date: *c. Address 2117 North Victoria Drive City Santa Ana Zip 92706 'e. Other Locational Data: Assessor's Parcel Number. 399-11-16; Coles North Santa Ana TR Block: B Lot' 6 & 7, S 32 Ft. Lot 8 of Said Blk 8-Ex S 44Ft & E 204 Ft- *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This sprawling two-story, 6,500 square foot home is an outstanding example of the Spanish Colonial Revival style. Asymmetrical in composition, the building is finished with stucco and capped by hipped, gabled, and shed roofs covered in red clay tile. Located in the approximate center of the fagade, the entry is deeply recessed within aFlat-headed opening outlined by a stepped surround. Three terra cotta paved stairs lead to the elaborately carved and paneled wood door. Wrought iron sconces illuminate the opening. A shed roo(shades the entry and continues south atop aone-story wing pierced by large arched windows. North of the entry, a patio is enclosed by shrubbery and a low stucco wall. Above it, a wooden balcony with fumed balusters rests on decoratively carved beams. A Porte cochere with a large, round-headed opening occupies the northernmost bay. A variety of window types, shapes, and treatments was utilized, including two round windows and two covered with pierced stucco grilles. Wrought iron grilles protect some windows. Abroad, stuccoed chimney rises from the rtdgeline of the south wing. In the rear of the property, aone-story garage continues the Spanish theme, with a tiled roof and stucco siding. The house appears virtually unaltered from the street and is complemented by an expansive lawn and a variety of trees and shrubs. *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) East elevation March 2003 *P6. Date Constructed/Age and Sources: ^historic 1929/ Source: The Register. September 18, 1982. *P7. Owner and Address: Lang 1994 Trust 2117 North Victoria Drive Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Neumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 'P9. Date Recorded: April 2, 2003 *P10. Survey Type: Intensive Survey 'Attachments: ONone ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record OArtifact Record ^Photograph Record ^ Other (list) DPR 523A (1195) 2 C (~agyQ of 5 'Required infonnalion 'P11. Repoli Citation: (Cite survey report and other sources, or enter "none") None. State of California-The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 3S ..oavw a.o .*ame w~ K. L. n. rrCSl muse 61. Historic Name: L. A. West House B2. Common Name: Same B3. Original Use: Single-family Residence 64. Present Use: Single-family Residence *B5. Architectural Style: Mission/Spanish Colonial Revival *66. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1929. June 22, 1934. Lath House. December 9, 1983. Bath addition. December 14, 1983. A/C. January 16, 1984. Rebuild exterior stairway. March 29, 1999. Detached Entertainment Room with bathroom, 448 square feet; attached patio cover. *B7. Moved? ^No OYes OUnknown Date: Original Location: *88. Related Features: Mature landscaping, rear garage. 69a. Architect: Unknown b. Builder: Unknown *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: B, C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The L. A. West House is amhitecturally significant as an exceptional example of the Spanish Colonial Revival style, one of the best in Santa Ana. Its period revival design, substantial scale, and generous setback contribute to the elegant and distinctive streetscape on North Victoria Drive. The house was built in 1929 for attorney Leonard A. West and his wife, Mamie H. West. Born in Kentucky in 1872 and educated in Indiana, West arrived in Santa Ana in 1907. He opened a law office and practiced alone until 1930, when he entered into a partnership with 8. Z. McKinney. West was elected district attorney of Orange County three times, serving from 1910 until 1921. Active in many fraternal organizations in the city, West was also chairman of the board oftrustees of the Methodist Episcopal Church South. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14. Evaluator: Leslie J. Neumann *Date of Evaluation: April 2, 2003 (This space reserved for official comments.) Sketch Map - ~,~... T - - r ~~ :w:.~~t c i As a~pnr ~v a aw t :., _ l fYn A wnr i J - ~ J L. A. WEST HOUSE 2117 NORTH VICTORIA DRIVE DPR 5236 (1195) Jig 9p `Required information 2~H~/ f5 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) L. A. West House *Recorded by Leslie J. Neumann, SAIC *Date April 2, 2003 ~ Continuation ^ Update *B10. Significance (continued): The West family occupied the house until 1982, selling it complete with the original Barker Brothers fumishings to Cad Lundquist and Gary Conway that year. Featured in a local home tour shortly thereafter, the house was described in an article in the The Resister on September 18, 1982. Highlights include atwo-story entry hall with exposed trusses and beams, tiled Floors and a tiled stairoase with Mexican file risers and wrought iron railings, astep-down living room, formal dining room, outdoor tiled /fireplace, five bedrooms, and five baths finished in various combinations of colored tiles. Original hardware and lighting was also in place at the time. The L. A. West 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"(Oranse Countv Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Omnse Countv Resister. 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 Wodd War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An eady 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 eady post Wodd War ll years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The L. A. West House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also quali(es for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Spanish Colonial Revival style and under Criterion 46 for its association with a prominent member of the community. The signature use hand troweled stucco exteriors and red clay the roofs in combination with the wood work of the roof and balcony, the asymmetrical massing incorporating patios in the front and rear, the incorporation of arcades and arched openings, and the employment of such Moorish in/luenced features as pierced stucco grilles and tiled staircases are notable in [his regard. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with a prominent member of the community. Additionally, the house has been categorized as "Landmark" for its unique architectural significance as an example of the Spanish Colonial Revival style that contributes to the historic streetscape of North Victoria Drive. All original exterior (eatures of the L. A. West House are considered character defining and should be preserved. These features include, but may no[ be limited to: materials and finishes (stucco, tile, wood, wrought iron); roof configuration, materials, and treatment; massing and composition; entry, doors and windows; patios and balcony; porfe cochere; architectural detailing (archways, grilles); chimney and fireplaces; garage; original landscaping; and original interior materials, spaces, finishes, and furnishings. DPR 523E ~flp Hof 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) L. A. West House *Recorded by Leslie J. Neumann, SAIC *Date April 2, 2003 O Continuation ^ Update "612. References (continued): Harris, Cyril M. American Architecture An Illustrated Encvclooedia. 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. '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 Talbert, Thomas (editor-inchief). Historical Volume and Reference Works Including Biographical Sketches of Leading Citizens Volume 1. Whittier, Historical Publishers, 1963. Pleasants, Mrs. J. E. History of Orange County California volume 3. Los Angeles: J. R. Finnell & Sons, 1931. Orange County Directories, 1928-1952. "Fantasy building spree left its mark on OC." The Register September 18, 1982. DPR 523E 7~~6q( PL~7H5 MILLS ACT AGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this August 20, 2007 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 David J. Lang, M.D. and Mary Joann Lang, as Trustees of the Lang Family Trust, (hereinafter referred to as "Owner"), owner of real property located at 2117 North Victoria Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with 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 2117 North Victoria Drive, 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 -1- ~~~_'~ ~ MILLSACTACREEMENT 1117 North ['ictoria Drive Santa Ana, CA 92706 building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 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 August 20, 2007, 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 (] 0) 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- 25A-11 MILLS ACT AGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessazy, restore or rehabilitate the property and its chazacter- 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 appeazance 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 yazd 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 Pazks and Recreation, the State Boazd 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- 25A-12 MILLSACTAGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner 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 standazds 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. a If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as 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- 25A-13 MILLSACTAGREEMENT 2117 North Victorta 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 2117 North Victoria Drive, Assessor Parcel Number, 399-111-16, and more particulazly 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 regazdless 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: James David J. Lang, M.D. and Mazy Joann Lang, as Trustees of the Lang Family Trust 2117 North Victoria Drive Santa Ana, CA 92706 -5- 25A-14 MILLS ACT AGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner'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 regazdless 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 aze 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- 25A-15 M/LLSACTAGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Oftce 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 Owner: Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: David J. Lang, M.D. Date: By: Mary Joann Lang APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -~- 25A-16 MILLSACTACREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 Exhibit A Lot 6, and 7 and the south 32 feet of Lot 8 all in Block B of Cole's North Santa Ana Tract in the City of Santa Ana, as shown on a map recorded in Book 31, page 13 of Miscellaneous Records of Los Angeles County, excepting therefrom the south 44 feet thereof. Also excepting therefrom the east 204 feet thereof. Assessor Parcel No.399-111-16 -8- 25A-17 MILLSACTAGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 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- 25A-18 MILLS ACT AGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - to - 25A-19 MILLSACTACREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 -11- 25A-20 Exhibit C (photographs attached) MILLSACTAGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 ©Side yard/porte cochere -12- 25A-21 MILLSACTAGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 _13_ 25A-22 a Q z O U O J 2 W ~_ D _Q 0 V 2 H Z ti r N Q O _U _~ 0 Z i i I I I I I I I I _I 25A-23 25A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-03 FOR THE PROPERTY LOCATED AT 2409 NORTH NORTH PARK BOULEVARD CI MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2ntl 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 Frederic M. Treadgold for the structure located at 2409 North North Park Boulevard. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Frederic M. Treadgold for the structure located at 2909 North North Park Boulevard at its August 2, 2007 meeting by a vote of 7:0 (Schaefer and Seeley absent). DISCUSSION After the public hearing on August 2, 2007, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25B-1 HPP Agreement No. 2007-03 August 20, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $72.80 to $363.99 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Ja Trevino ~rancisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency ~ - HS:rb he\hietoric info\mi11e act agreementa\2909_x_NOrthPark\hppa09-03.cc 25B-2 REQUEST FOR Historic Resources Commission Action HsTOwc RESOURCES caNw~ssloN nnEErr~c DATE: AUGUST 2, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-03 FOR THE PROPERTY LOCATED AT 2409 NORTH NORTH PARK BOULEVARD Prepared by Hally Soboleske Hlsrowc RESOURCES comnnlssloN sECRETARv APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO ~ ~~- , r-tA~ 1~i.c~YY,O'~. Executive Director Planni Manager 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 Frederic M. Treadgold for the structure located at 2409 North North Park Boulevard. DISCUSSION Request of Applicant The applicant, Frederic M. Treadgold, requests the approval of Historic Property Preservation Agreement No. 2007-03 (Mills Act) between the applicant and the City of Santa Ana. Property Description The subject property includes a two-story residence and a detached two- car garage located at 2409 North North Park Boulevard, and is within the Floral Park neighborhood. Surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. • EXHIBIT A 25B-3 HPPA No. 2007-03 August 2, 2007 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Landmark in April 2003 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 unique Storybook variant of the English Revival style 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 Associa e Planner HS:jm ha\historic info\mills act agreements\2409 N Nox't hPark\hppa0Z 03.hrc 25B-4 EXECUTIVE SUMMARY ZLAKET HOUSE 2409 North Park Boulevard Santa Ana, CA 92706 NAME Zlaket House REF. NO. ADDRESS 2409 North Park Boulevard CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 2D1 Location: ^ Not for Publication ®Umestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Late Nineteenth and Twentieth Century Revivals/ Other: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic sloped roof treatment incorporates 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 are usually clustered in groups on the fapade and are often multi-paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. A "storybook" variant of the English Revival, characterized by a deliberately eclectic and picturesque quality often focused on the roof treatment, found a particularly receptive audience in southern California. SUMMARY/CONCLUSION: The Zlaket House has been determined eligible for listing in [he National Register of Historic Places as a contributor to a North Broadway Park historic district that is bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street. Under the regulations implementing the California Register of Historical Resources, the Zlaket House has been listed in the Califomia Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criteria 1 and 3 as a rare example of the distinguishing characteristics of the Storybook variant of the English Revival style in Santa Ana. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with an important member of the local business community. Additionally, the Zlaket House has been categorized as "Landrztark" because it has been detemilned eligible for the National Register, has been listed in [he Califomia Register, has "unique architectural significance" as an example of the Storybook variant of the English Revival style, and contributes to a district that has "historicaUcultural significance to the City" as an example of the City Beautiful planning movement (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • National Resister 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 Instmctions for Recording Historical Resources, Office of Historic Preservation) 2D1: Contributor to a district determined eligible by the Keeper. ~3~ State of California-The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI #_ PRIMARY RECORD Trinomi Other Listings Review Cade NRHP Status or number (assigned by recorder) Zlaket House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad Date: 'c. Address 2409 N. North Park Boulevard City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number: 002-063-27 N TR 425 Lot 153 Homeowner Claimant is Treadgold, Fred M *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This whimsical two-story residence expresses the Storybook variant of the English Revival style in its blending of steeply pitched gables, towers, and a false thatched roo(of wood shingles. The wrapped roof edges of the front and side gables and the irregulady sized and arranged shingles emphasize rusticity. Smooth stucco finishes the exteriors. The asymmetrical south-facing house features two cylindrical towers: one offset from center at the intersection of the front-gabled west wing with the side-gabled east wing and another, broader one at the east end of the east wing. Conical roofs surmounted by sphedcal copper finials cap both towers. A recurring motif is the narrow, amhed, multi-paned window. They appear as vents with miniature, decorative iron balconies in the peak of each gable, in a seemingly random arrangement on the upper story of the west tower, as stepped series on the upper story of the east tower, as a band on the lower story of the east tower, and in a Palladian configuration on the lower story o/the west wing. Upper level windows in the towers are glazed with stained (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 P5b. Photo: (view and date) South elevation January 2003 *P0. Date Constructed/Age and Sources: ^historic 1927/ Source: City of Santa Ana building permits. *P7. Owner and Address: Frederic M Treadgold 2409 North Park Boulevard Santa Ana, CA 92706 *PS. Recorded by: Leslie J. Neumann, Peter C. Momzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: January 27, 2003 *P70. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Califomia Department of Transportation, Broadway Overorossing Historic Properly Survey, Mamh 1979. *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record OArchaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record OArtifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) ~Bp~ 'Required information State of California-The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 2D1 -rcesource name ore: waxer mouse 61. Historic Name: Zlaket House B2. Common Name: Same 63. Original Use: Single-family Residence 64. Present Use: Single-family Residence *B5. Architectural Style: Storybook variant of the English Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1927. July 28, 1927. Residence and garage. K. Zlaket, owner. Value: $7,500. June 27, 1929. Alterations. $800. April 13, 1933. Rebuild fireplace chimney. October 3, 1986. Reroofgarage. *B7. Moved? ^No DYes Unknown Date: Original Location: *68. Related Features: Original garage in rear, tall, mature queen palms in front yard. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Amhitecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defned by theme, period, and geographic scope. Also address integrity) The Zlaket House is architecturally distinguished as a remarkably intact and characteristic example of the Storybook variant of the English Revival style. Kaleel Zlaket, owner of the Ranch Market, and his wife Mary were the original owners of the house when it was constructed in 1927. Also living at the address and employed at the Ranch Market were Joseph Zlaket and Hazel Zlaket, a clerk. In 1935 Kaleel Zlaket was associated with the Economy Food Market, according to the Orange County Directory. The Zlakets, whose family involvement in the retail food business eventually encompassed Z/aket's Delicatessen in Garden Grove, continued to reside in the house until at least 1941. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attdbutes and *B12.References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14. Evaluator: Leslie J. Neumann *Date of Evaluation: January 27, 2003 (This space reserved for official comments.) Sketch Map ( u6'YE _ ~' t ro 1nw ~ r ,. b ix 0 ~ iaU is s I 9 I 10 ~ ..^ 1 R 11 8 \I, Y re 21 aa~N 2J I ~ •. JI 13 !6 y~r r! +r MP a I '+~. i of nr s ryr O1 R ~ la I V ~ ~ 71 29 ~~ ~ i 75 Y ! i 8 a 2a [ t7 , NO. 753.1 ,JO.~?5 ~ -c BOCCEYARD I `~~J ZLAKET HOUSE 2409 NORTH PARK BOULEVARD DPR 5238 (1195) *Required information ~~~ i' / State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Zlaket House *Recorded by Leslie J. Neumann, Peter C. Moruzzi, SAIC *Date January 27, 2003 ^O Continuation ^ Update *P3a. Description (continued): glass. At the base of the west tower, the main entry consists of a round arched opening surrounded by faux quoins and a paneled wooden door. Above it, a dramatic wrought iron sconce with opaque gold colored glass is suspended from the tower. Other decorative elements include slender, spiraled, engaged columns flanking the central window in the west wing and an attached plaster garland over the three French doors that occupy the space between the two towers. Decomtive wrought iron railings punctuated by square concrete pedestals capped by concrete globes enclose the entrance porch. A stucco and brick exterior chimney topped by a pair of terra-cotta chimney pots is attached to the west elevation. Located on the rear, northeast comer of the property, an original two-car garage with front gabled roof and simulated thatch roof mimics the house in style and detail. Mature queen palms frame the front yard near the sidewalk. A lawn and clipped hedges Flank the angled concrete path and entrance steps. The house appears original and in excellent condition. *870. Significance (continued): The Zlaket 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 Countv Register September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each"(Orange Countv 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 Wodd War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves o(Floral Park. An eady 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 eady post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Zlaket House has been determined eligible for listing in the National Register of Historic Places as a contributor to a North Broadway Park historic district that is bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street. Comprising the northern end of the Floral Park neighborhood, North Broadway Park was subdivided in 1923. The Keeper o(the National Register found that: 'North Broadway Park reflects the City Beautiful planning movement in Southern California during the eady 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 Zlaket House has been listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criteria 1 and 3 as a rare example of the distinguishing characteristics of the Storybook variant of the English Revival style. Although similar houses can be found elsewhere in southern California, this house is unique in Santa Ana. Incorporating a picturesque faux thatched roof and castle-like towers and windows, the Zlaket House exhibits the kind of architectural fancy that contributed to an image of southern California in the 1920s that fascinated visitors and residents alike. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and histodc association with an important member of the local business community. Additionally, the house has been categorized as "Landmark" "because it has been determined eligible !or the National Register, has been listed in the California Register, has "unique architectural significance"as an intact example of the Storybook variant of the English Revival style, and contributes to a district that has historical/cultural significance to the City" as an example of the City Beautiful planning movement. All original exterior features of the Zlaket House are considered character defining and should be preserved. These features include, but may (See Continuation Sheet 4 of 4.) ~ Determination of Eligibility, February 25, 1980. DPR 523E 25 BP~ q of 5 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Zlaket House `Recorded by Leslie J. Neumann, Peter C. Moruzzi, SAIC *Date January 27, 2003 ^D Continuation ^ Update *B10. Significance (continued): not be limited to: materials (wood and brick) and (finishes (stucco); roo/configuration and treatment, including false thatch appearance and irregular wood shingles; massing and composition; towers; porch; doors and windows; architectural detailing (wrought iron railings and sconce, columns, decorative plastenvork); original detached garage, and mature palm trees. *Bf2. References (continued): Harris, Cyril M. American Architecture An Illustrated Encvclooedia. 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 !or Recording Historical Resources."Sacramento: March 1995. `Alison Honer Dies at 84,"The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies," Orange County Reaister. September 15, 1981. `History of Floral Park." http.//www.floral-park.com/page2.html Talbert, Thomas (editor-in-chief). Historical Volume and Reference Works Including Bioaranhical Sketches of Leading Citizens Volume 1. Whittier, Historical Publishers, 1963. Armor, Samuel. History of Orange County. 1921. Orange County Directories, 1927-1941, 1945, 1947. DPR 523E Pag~C R ~Q MILLSACTAGREEMENT 2409 North North Park Boulevard 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 August 20, 2007 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 Frederic M. Treadgold, (hereinafter referred to as "Owner"), owner of real property located at 2409 North North Park Boulevard, 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 2409 North North Park Boulevard, 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. E2~ MILLSACTAGREEMENT 2409 North North Park Boulevard 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 August 20, 2007, 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~vB-11 MILLSACTAGREEMENT 2409 North North Park Boulevard 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. 2~vB-12 MILLS ACT AGREEMENT 2409 North North Park Boulevard 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 destmction by acts of God or natural disaster. a 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 necessazy to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by 2~vB-13 MILLSACTACREEMENT 2409 North North Park Boulevard 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 2409 North North Park Boulevard, Assessor Parcel Number, 002-063-27, 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: Frederic M. Treadgold 2409 North North Park Boulevard Santa Ana, CA 92706 -5- 256-14 MILLSACTAGREEMENT 2409 Narth North Park Boulevard 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. £ 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- 256-15 MILLSACTAGREEMENT 2409 North North Park Boulevard 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 Owner: Date: CITY OF SANTA ANA DAVID N. REAM City Manager Frederic M. Treadgold APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney 7 25B-16 MILLS ACT AGREEMENT 2409 North North Park Boulevard Santa Ana, CA 92706 Exhibit A Lot 153 of Tract 425, in the City of Santa Ana, a per map recorded in Book 16, Page 33 and 34 of Miscellaneous Maps in the Office of the County Recorder of said County. Assessor Parcel No. 002-063-27 -$- 256-17 MILLS ACT AGREEMENT 2409 North North Park Boulevard 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 chazacter 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 appeazance 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 chazacterize 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 -~- 25B-18 M/LLSACTAGREEMENT 2409 North North Park Boulevard 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- 256-19 MILLSACTAGREEMENT 2409 North North Park Boulevard Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 256-20 MlLLSACTAGREEMENT 1409 North North Park Boulevard Santa Ana, CA 92706 _~2_ 25B-21 a a z 0 a v 0 J H 2 a 0 J m Q a 2 H OC O z 0 z o~ 0 N J Y a 0 z 2 ~~ 0 Z 25B-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: AGREEMENT FOR COMPREHENSIVE PHYSICAL EVALUATIONS ;7 .. -\ //~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to amend the agreement with Medical Center of Santa Ana for annual physical evaluations and reduce the amount not to exceed to $70,000. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to amend the agreement with Pulmonary Consultants and Primary Care Physicians Medical Group, Inc. for annual HazMat/SWAT physical evaluations in an amount not to exceed to $30,000. DISCUSSION On June 18th City Council approved an agreement with Dr. Rivera (DBA Medical Center of Santa Ana) for annual physicals and annual HazMat/SWAT physicals, in an amount not to exceed $100,000. At the request of Fire Management and the concurrence of Dr. Rivera's office the agreement is being amended to exclude the HazMat/SWAT physicals, and reduce the amount of the agreement by $30,000, to $70,000. The Fire and Police Departments are HazMat/SWAT physicals agreement be awarded Primary Care Physicians Medical Group, Inc $30,000. requesting that the annual to Pulmonary Consultants and in an amount not to exceed 25C-1 Annual Physicals August 20, 2007 Paget FISCAL IMPACT There is no additional fiscal impact associated with this action. Stev W. Cri hfie- Acting Fire hief Fire Department ~~ ~ ~ ~ ~~k'-....... \ ~ u-~ L, Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: "\ Mc~d`. tic . ~ )~4 Francisco Gutierrez Executive Director Finance & Management Services Agency 25C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20,2007 TITLE: AGREEMENT WITH CORRECTIONAL MANAGED CARE MEDICAL CORPORATION FOR INMATE MEDICAL SERVICES ~/ ~~. CI ANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~' Reading ^ Ordinance on Intl 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 Correctional Managed Care Medical Corporation to provide inmate medical services in an annual amount not to exceed $1,120,520. DISCUSSION On June 20, 2007, the City issued a Request for Proposals (RFP) for inmate medical services at the Santa Ana Jail. These medical services are required and governed by State law, under the California Department of Corrections Title 15 requirements. The RFP specified on-site medical services 24 hours a day, in addition to a doctor on call, for the Santa Ana inmates. Medical staff is required to conduct daily sick calls, dispense medication, as well as to assist in the intake of incoming inmates to assess for entrance acceptability. Additional services such as dental care, radiology, ophthalmology, OB/Gyn, psychiatric crisis intervention and emergency medical billing services are also required. Four vendors attended the mandatory pre-bid meeting and two submitted proposals for consideration on July 18, 2007. Staff members of the Police Department's Jail Bureau evaluated both proposals for completeness, experience and expertise in correctional facilities and of the staff, and demonstrated ability to meet the requirements. The final evaluation scores are as follows: Correctional Managed Care Medical Corporation - 89.0 Correctional Healthcare Management - 83.5 25D-1 Agreement for Police Department Inmate Medical Services August 20, 2007 Page 2 The proposal received from Correctional Managed Care Medical Corporation (CMCMC) is responsive to the specifications and meets the City's requirements. Staff recommends entering into a three-year agreement with two one-year renewal options with CMCMC. FISCAL IMPACT Funds in the amount of $933,765 for the first ten months of the agreement are available in the Police Department, Detention Services fund (account no. 011-349-6291). Funds in the amount of $186,753 for the last two months of the agreement will be included in the FY 08-09 budget. APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. ters Chief of Police Police Department ~~j Francisco Gutierrez ~~,,r~ "~ Executive Director Finance & Mgmt. Services Agency 25D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: PY 07-08 CONTRACTS WITH WORKFORCE INVESTMENT ACT YOUTH PROGRAM OPERATORS ~i c.~- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2"' Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements with the following proposed Youth Program Operators for Program Year 2007-2008 for a total of $894,711. a. Orange County Conservation Corps to provide paid on-the-job training to twenty out-of-school at-risk youth in an amount of $192,283,through June 30, 2008; b. Orangewood Children's Foundation to provide job preparation and placement, community resources and supportive services for sixteen out-of-school foster /emancipated youth, four in-school foster/emancipated youth in an amount of $98,660,through June 30, 2008; c. Santa Ana Unified School District to provide mentoring and paid work experience to thirty in-school youth in an amount of $151,170,through June 30, 2008; d. Taller San Jose to provide paid training in the construction field and other vocational training for twenty out-of-school youth in an amount of $132,505, through June 30, 2008; e. Orange County Children's Therapeutic Arts Center to provide educational training and work experience for ten out-of-school, ten in-school youth in an amount of $125,580, through June 30, 2008; f. Christian Latino Association of Music and Arts to provide training in music technology, job preparation, placement for 25E-1 PY 07-08 Contracts with WIA Youth Program Operators August 20, 2007 Page 2 fifteen out-of-school, ten in-school youth in an amount of $98,253, through June 30, 2008; and g. Orange County Youth Commission to provide basic skills training and lessons in the art of boxing for twenty in-school youth in an amount of $96,260, through June 30, 2008. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding with the City of Santa Ana WORK Center for the implementation of the Youth Program Navigator in the amount of $205,214. WORKFORCE INVESMENT BOARD ACTION At its Regular Meeting of July 13, 2007, by a vote of 16:1 (Chapman, Chen-Lee, de Leon, Lin, Martinez, Quarles, Wadhera, Ward, Absent; Zarate, No; and Blank, Jimenez-Hami, Oakes, Abstained) the Workforce Investment Board recommended that the City Council approve the proposed PY 07-08 contracts with Workforce Investment Act Youth Program Operators. DISCUSSION Under the Workforce Investment Act (WIA), the Santa Ana Workforce Investment Board (WIB) and its Youth Council make funding recommendations in order to provide WIA services to local qualified at-risk youth. On April 2, 2007, a Request for Proposals (RFP) seeking providers of youth services for the period of July 1, 2007, through June 30, 2008, utilizing Program Year 2007-08 WIA youth funds was released. By the April 27, 2007, proposal due date, nine agencies had submitted proposals for review. The RFP/Oversight Committee of the Youth Council has reviewed and ranked the proposals. On May 14, 2007, youth providers were invited to meet with committee members to present their programs and to address questions about their proposals. Based on this review process, funding recommendations were developed. The RFP/Oversight Committee of the Youth Council did not recommend funding Templo Calvario Community Development Corporation's proposal, as it did not meet the minimum requirement of 231 points. The RFP/Oversight Committee of the Youth Council also did not recommend funding the California Hispanic Commission on Alcohol and Drug Abuse, Inc. (CHCADA) because their proposed budget more than doubled their cost per participant from $4,725 in PY 2006-2007 to $10,663, but did not add any new services to justify the cost increase. CHCADA submitted a revised 25E-2 PY 07-08 Contracts with WIA Youth Program Operators August 20, 2007 Page 3 budget that omitted the line item for supportive services, a major component of their program. The supportive service funds are used to pay for drug and alcohol counseling, sober living fees and other services needed by the youth. On July 13, 2007, the WIB, by a vote of 16:1, approved the RFP/Oversight Committee of the Youth Council's recommendation. These funding recommendations take into account the Workforce Investment Act (WIA) requirement to ensure at least thirty percent of the youth funds are spent on out-of-school youth. These recommendations are the first step needed to ensure that at least eighty percent of the funds are obligated each year, another WIA requirement, and will assist Santa Ana in avoiding having funds recaptured. FISCAL IMPACT Funds for these contracts are available in the Workforce Investment Act account (account no. 123-192-6933 and 123-205-various). APPROVED AS TO FUNDS AND ACCOUNTS: ~phen G. arding Francisco Gutierrez Deputy City Manager for 6t7~~xecutive Director Development Services Finance & Management Services Agency SGH/LS/FJ/mlr H:\ACTION ITEMS\COONCIL\2007 CC\PY07-08ContractsWIBYOUth 8-20-07.doc 25E-3 25E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: LEASE RENEWAL FOR DOWNTOWN OFFICE ~' /'// ~ Q ~~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 ~~ Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a lease agreement with Fiesta Marketplace Partners for office space at 305 East Fourth Street for the Downtown office and Downtown Business Liaison Unit/Civic Center Patrol. DISCUSSION The Downtown office has been located at 305 East Fourth Street, Suite 201, since February 2001. In addition to Suite 201 used by the Downtown staff, the lease includes Suite 200 for use by 13 Police Department staff members from Civic Center Patrol and Northeast Division. The original six-year lease expired on May 31, 2007. The Downtown office has continued to occupy this space on a month-to-month basis. The Fiesta Marketplace Partners has agreed to a new two-year lease with two 1-year extensions, which follows all of the same basic terms and conditions of the previous lease. The rent is $9,025.83 a month, or $1.54 per square foot, with a CPI adjustment factor biannually with a four percent minimum, or six percent maximum. According to the 2007 office market report for Orange County by Voit Commercial, this lease rate falls within the average lease rate for similar buildings. This is a full-service gross lease with a stipulation that the City pay a portion of the utilities that exceed a base-year figure established during the first year of the original lease. 25F-1 Lease Renewal for Downtown Office August 20, 2007 Page 2 FISCAL IMPACT Funds are available in the Parking Meter Fund Rent account (account no. 27-013-6294) and the Merged Economic Development Fund Building Rental account (account no. 570-932-6294). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ ~~` Ste hen G Harding Deputy City Manager for Development Services Community Development Agency 6 Francisco Gutierrez ~Hf ~xecutive Director Finance & Management Services Agency SGH/TE/NE/mlr H:\ACTION ITEMS\C OUNCIL\200'7 CC\L ease Renewal fox Downtown Office 8-20-07.doc 25F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: AGREEMENT WITH POP WARNER TO EXPAND EXISTING CONCESSION BUILDING AT MEMORIAL PARK i ( i /7 / CITY MANAGER RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1) Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with POP Warner to expand the existing concession building at Memorial Park. 2) Receive and file Categorical Exemption for Environmental Review No. 2007-122 for Memorial Park. BOARD OF RECREATION AND PARK RECOMMENDATION Recommended to the City Council to approve an agreement with POP Warner to expand existing concession building at Memorial Park by a vote of 5:0:3 at its July 25, 2007 meeting. On May 7, 1979, the City Council approved an agreement with Southwest Santa Ana Little League and Pop Warmer Football to construct a concession and restroom building on the west side of Memorial Park. The City provided $20,000 to assist in obtaining the necessary supplies for the project and the facility was constructed all with volunteer labor by Pop Warner Football and Southwest Little League. Both organizations were required to have a licensed contractor to oversee the volunteer construction and to be responsible for pulling all necessary permits and insurance. The May 7, 1979 agreement has expired and Pop Warner is requesting to expand the existing facility by 500 square feet to add space for equipment storage. The terms o£ the agreement will be similar to the previous agreement. Pop Warner will be required to maintain the facility. Pop Warner will be responsible for all construction costs and for providing the volunteer labor. The term of the agreement will be for five years and be automatically renewed unless terminated by either party. CLERK OF COUNCIL USE ONLY: 25G-1 Agreement with Pop Warner August 20, 2007 Page 2 On July 20, 2007, the Memorial Park Neighborhood Association approved the request to expand the existing concession building and requested the improvement include adequate lighting around the exterior of the facility. On July 25, 2007, the Board of Recreation and Parks recommended approval of the concession building expansion, provided adequate lighting around the facility is installed. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2007-122 (Memorial Park) will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. e.~ Gera do Mouet, Exec tive Director Parks, Recreation and Community Services Agency 25G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: LEASE AGREELdENT WITH ROYAL STREET COMMUNICATIONS FOR CELLULAR ANTENNA AT ADAMS PARK (~ ~ ~ ~~ r 4 CITY MANAGER RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1) Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a lease agreement with Royal Street Communications (Metro PCS) to collocate on the Sprint monopine cell tower at Adams Park, in an amount not to exceed $12,000 per year. 2) Receive and file Categorical Exemption for Environmental Review No 2006-149 for Adams Park. BOARD OF RECREATION AND PARK RECOMMENDATION Recommended to the City Council to approve a lease agreement with Royal Street Communications for a cellular equipment facility at Adams Park for a lease amount of $12,000 per year, with revenue deposited in a special account for improvements at Adams Park, by a vote of 5:0:3 at its July 25, 2007 meeting. On July 6, 2004 the City Council approved a lease agreement with Sprint PCS Assets, L.L.C. to install a 65-£oot high cellular monopine antenna, equipment facility, picnic shelter and three pine trees at Adams Park. The monopine cellular tower was constructed to receive a second carrier on the tower. The revenue from the Sprint lease is deposited in a special account for improvements at Adams Park. Metro PCS has agreed to collocate on the existing Sprint cellular tower. The lease agreement with Metro PCS is for 300 square feet of lease area to build a 17'-4" X 17'-4" equipment building east of the existing cell tower. In addition, Metro PCS will build a picnic shelter to match the existing picnic structure, a concrete walkway adjacent to the existing play equipment, and install one 36" box canary island pine tree. CLERK OF COUNCIL USE ONLY: 25H-1 Agreement with Royal Street Communications August 20, 2007 Page 2 Metro PCS will pay $1,000 per month for this lease. The ATS consultant agreement previously approved by City Council requires the lease payment to be shared 80 percent ($800/month) to the City and 20 percent ($200/month) to ATS Communications. The term of the lease agreement will be for 10 years, with three 5-year renewal options. The agreement also includes a four percent lease rate increase per year for the term of the lease. The collocation proposal was presented to the Adams/Centennial Park Neighborhood Association on December 12, 2006. The residents approved the collocation and requested the revenue from the Metro PCS lease be used for improvements at Adams Park. On July 25, 2007 the Board of Recreation and Parks recommended approval of the lease provided revenues are deposited in a special account for Adams Park improvements. ENVIROHI+lENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2006-149 (Adams Park) will be filed for this project. FISCAL IMPACT Funds from this agreement will be deposited in the Capital Outlay - Park Improvements revenue account (no.51-O1-5799) for Adams Park improvements. e, (~ },y Ge rdo Mouet, 1"'' Ex utive Director Parks, Recreation and Community Services Agency Approved as to Funds: Francisco Gutierrez Executive Director Finance and Management Services Agency 25H-2 v ~ f~ ii, _ A Q 6p ~~~ ~~~~ ~§ g~ a I~ V ~~ --~ R -~~ o §e2 e § ~ C ~B '. .. 3 R €~E6 9 - - ~ ~~ ~ i I T ~ ~ w s ~R e~ 3 Si ~ E~ ~i ~ a i &~ .._.~__.v._ _.___v_ -~-- i i i ----1 ------- ------ i i ---------' I ------ --- :rsaais~asrwvsa'----- II --I \\I oa uYVOiu .aa~r 25H-3 6 V J J w H Z O H Q V Z O r S W` ~~ Jv 0 c c ~m ~N il~ll ~ -• a o r 1~ ~-~ N` "t ,. i- h 25H-4 t E= ~~ 2 ~? ~_ ~_ ~_ ~~ a ~- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: CONDITIONAL USE PERMIT NO. 2007-14 TO CONSTRUCT A 60-FOOT TALL VERIZON WIRELESS FACILITY AT 2961 WEST MACARTHUR BOULEVARD - THE PLANNING CONSORTIUM, APPLICANT ~~~ CI MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2007-14 as conditioned. PLANNING COMMISSION ACTION On July 23, 2007, the Planning Commission approved Conditional Use Permit No. 2007-14 as conditioned by a vote of 7:0 to construct a 60-foot tall wireless facility designed as a broadleaf mono-tree in the Light Industrial (M-1) zoning district at 2961 West MacArthur Boulevard. 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. --_1-~'~ J M. Trevino Executive Director Planning & Building Agency ME:rb me\repor[s\cup00-19 Verizon Broadleaf Monotree.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 23, 2007 TITLE: PUBLIC HEARING - FILED BY THE PLANNING CONSORTIUM FOR CONDITIONAL USE PERMIT NO. 2007-14 TO CONSTRUCT A 60-FOOT TALL VERIZON WIRELESS FACILITY AT 2961 WEST MACARTHUR BOULEVARD Prepared by Marvin Ellenbecker Executive Director RECOMMENDED ACTION PLANNING SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Planning M Hager Adopt a resolution approving Conditional Use Permit No. 2007-14 as conditioned. DISCUSSION Request of Applicant The Planning Consortium, representing Verizon Wireless, is requesting approval of Conditional Use Permit No. 2007-14 to allow the construction of a wireless facility designed as a broadleaf mono-tree at 2961 West MacArthur Boulevard. Property Descri tion The property is located within the Light Industrial (M-1) zoning district and has a General Plan land use designation of Industrial (IND) (Exhibit 1). The property is bounded by a neighborhood retail center to the east, industrial uses to the north and west, and a church to the south (Exhibit 2). The subject property is approximately 6.02 acres in size, rectangular in shape and improved with four industrial/office buildings (Exhibit 3). Project Description Verizon Wireless is proposing telecommunications facility designed MacArthur Boulevard (Exhibit 4). antennas (three sectors of three to install a 60-foot wireless as a broadleaf mono-tree at 2961 West The facility will house nine panel antennas) and a two-foot diameter EXHIBIT A 31 A-2 Conditional Use Permit No. 2007-14 July 23, 2007 Page 2 microwave dish antenna. Verizon Wireless will lease approximately 400 square feet for an equipment area that will be screened by a new six-foot high block wall covered with Boston Ivy vines to discourage graffiti. A 48-inch box size Brisbane Box tree (LOphostemon confertus) will be planted adjacent to the broadleaf mono-tree to create an aesthetically pleasing environment (Exhibit 5). Analysis of the Issues In July 1998, the City Council adopted an ordinance regulating Wireless Communication Facilities throughout the City. Major wireless facilities are required to have a stealth design and be located on a building or in an area that provides the greatest amount of visual screening and requires the approval of a conditional use permit. The proposed wireless facility is located in the rear corner of an existing parking lot on an industrial/office complex and will be camouflaged as a broadleaf tree. The telecommunication equipment is screened behind a six-foot high block wall that will be covered with Boston Ivy. Additionally, an evergreen broadleaf tree will be planted near the camouflaged wireless facility. The applicant has explored alternatives to the broadleaf mono-tree such as locating the cellular antenna on the roof of an existing building in the area. Structures in the area, however, are not tall enough to meet the coverage needs for Verizon Wireless or adjacent property owners are not willing to allow a cellular facility on their site. The 60-foot tall facility is needed in order to improve cellular coverage and increase call capacity and quality because it is located in an area with limited access for this wireless carrier. The proposed cellular antenna will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to Verizon Wireless by closing service gaps in the area and providing additional calling capacity. Equipment for the monopine will be screened by a new six-foot high block wall covered with Boston Ivy vines. All wiring and conduit will be underground or hidden in the interior of the proposed broadleaf mono-tree. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to the southwest section of the City. The proposed upgrades and screening are required to accommodate the Verizon Wireless facility antennas from public view. Based upon the above analysis and findings, staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-14 as conditioned. 31 A-3 Conditional Use July 23, 2007 Page 3 CEQA Compliance Permit No. 2007-14 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 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2006-181 will be filed for this project. `^rn~-_ Marvin Ellenbecker Landscape Development Associate ME:jm me\reports\cnp09-14 Verizon Broadleaf Monotree.pc I~,~ Vince Freg so, A CP Senior Plan r 31 A-4 M1 M1 -M1 M1 M1; R1 ~ R1-PRD I~-~ M1 M1 M1 M1 I PRD I ' flt-PRO I _ 3ERSTROM AV. 5__1116 - Ctl I M1 ~ A II R4 46 C M~ II Ilil sr .a . Rt-PRO Mt IIi:•Ll Al ^~ I ~ Al M1 I I M1 M1 ~ tl m Al ~ Al Al ~ Al n 6 w Al a Avnv. ~ ~ ~ A7 M1 ~r M1 M1 M~ III CS x i$ e= ~ PROJECTS ~ ~ ! ~"!j flc zP M1 ` ITC I `` ~ ~ L RY~PR[ 0 °Prv p C5 M1 M1 M1 R3 MAC ARTHUR BL. 74 ~ SD-58 cs Rt R' \ R] SD-56 ~ nl R1 M1 fll.v P M1 RI L SD94 SD-58 M7 eta Rtµ flC1 C 1 ! y o I C o s t a I I M B s B SD-6 s. m, a.Rcnvu SD-0 R1-PRD ~~ 13~ Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILRARV OPERATIONS R4 SUBURBAN APARTMENT C3A CEMRAL BUSINESS-ARTISTS'VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -0Z OVERLAY ZONE SD SPECIFIC DEVELOPMEM1Ir CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNTY DEVELOPMENT __ CUP 07-14 ~ VERIZON WIRELESS BROADLEAF MONOTREE ~ ~_-~ 2961 WEST MAC ARTHUR BOULEVARD - -=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 3 ~XjiI~T 1 CUP 07-14 -- VERIZON WIRELESS BROADLEAF MONOTREE ~~ ---- 2961 WEST MAC ARTHUR BOULEVARD 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 wV~ moz-wz (ne) e:u6 q 3xxei rr xam ars ron NPid 83IS _ _ - ~ __ ~: m ry~od ~nVYV~oW ]so ~oj -- ~ ~ ><b a a> ~3dvH~ Aavmv~ ~_~ ~= :.. i33ais m3lnaltl~ -; - ~~.- - ~ ~ I r ~------- 911119 -------------- 1Y1 91191Y191 1911911 -1 919 I A ~ ~ ~ ~ . 111. 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FFF~ Q ( 1 ~ ~ ~ ~ - W ~ w ~ -s J I 1 _ ~ ~ W N 5 ~xwin rnr am u-a~ a-i y ~~Clljj~~ 07-14 ___ 3~FE~611BIT4 31 ~u~o7-14 BIT 5 KO- 7/18/07 RESOLUTION NO. 2007-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-14 TO ALLOW THE CONSTRUCTION OF A WIRELESS FACILITY AT THE PROPERTY LOCATED AT 2961 WEST MACARTHUR BOULEVARD 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. Conditional Use Permit No. 2007-14 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on July 23, 2007. B. Conditional Use Permit No. 2007-14 has been filed with the City of Santa Ana seeking to allow the construction of wireless facility designed as a broadleaf mono-tree at the property located at 2961 West MacArthur Boulevard. C. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless facilities. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed 60-foot tall broadleaf mono-tree wireless facility will provide a service to Santa Ana residents, businesses and motorists who subscribe to Verizon Wireless by reducing gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the southwest sector of Santa Ana. 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? Resolution No. 2007-33 31 A-1 ~ Page 1 of 8 Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed broadleaf mono-tree wireless facility, in conjunction with the existing landscaping, will be compatible with the surrounding area and will not adversely affect the economic viability of the area. The stealth appearance will be the major solution to maintaining and increasing the economic stability for this predominantly residential area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The existing cellular facility has been designed to comply with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code for a major wireless facility. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopine facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Industrial (IND) General Plan designation. E. 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 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2006-181 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2007-14 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated July 23, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2007-33 31 A-11 Page 2 of 8 ADOPTED this 23`d day of July, 2007 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Gartner, Leo, Mill, Munoz (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 Bv: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-33 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 23, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-33 31 A-12 Page 3 of 8 Conditions for Approval for Conditional Use Permit No. 2007-14 Conditional Use Permit No. 2007-14 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the 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 rior 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. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2006-67). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed wireless facility designed as a broadleaf mono-tree shall be constructed per the approved plans and the existing landscaping shall be protected in place during the construction period on and around the proposed facility. 4. The design specifications for amono-broadleaf are as follows and should be added as a note to the working drawings: a. The mono-broadleaf structure should be designed for a minimum of two carriers. b. The mono-broadleaf structure should have a sufficient branch count to conceal the presence of all antennas. c. Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. d. Branches should exceed all antennas by a minimum of 12 inches. e. Branches should start at 15 feet above the ground. Resolution No. 2007-33 Page 4 of 8 31A-13 f. There should be a minimum space of five feet between the top of the antenna and the top of the faux tree. g. Branch foliage color should be an olive green with varying color "leaves' to match an actual broadleaf type tree. The foliage should be extruded in the color instead of surface painted. A sample should be submitted for approval prior to fabrication. h. A sample of bark cladding with a custom color should be submitted for approval prior to fabrication. i. All antennas shall be covered with "leafed antenna socks" that match the approved foliage color. Antennas are to be mounted using "stand- off mounts' (horizontal, frame type mounts are unacceptable). Support pipe mounts shall be concealed behind the antennas and painted a darker shade of green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. j. All coaxial cables should be concealed within the tower and should access the structure through the base. Raised ice bridge or cable trays are unacceptable. k. Include the tree specifications (selected manufacturers and models) with photo simulations (also a site plan review requirement). I. Show the location of the GPS antenna on all elevations. m. Provide a "unistrut" detail for the utility cabinet; an "H-frame" is not acceptable. n. Provide a note on the construction drawings that reads, "primary telecommunications carrier shall install underground utility sleeving for two carriers during construction of the tower structure." All coaxial cable and electrical conduit should be designed to be underground. An "ice bridge" is not acceptable. o. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. The sleeving should go underground through the caisson; shrouds on the outside of the pole are not acceptable. All utilities must be underground. 5. The permit applicant recognizes that the frequencies used by the cellular facility located at 2961 West MacArthur Boulevard are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This Resolution No. 2007-33 Page 5 of 8 31A-14 proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (permit applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 6. At all times, the permit applicant shall not prevent the City of Santa Ana from having adequate spectrum capacity on the City's 800 MHz radio frequency. 7. Before activating its facility, the permit applicant will submit to a post- installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or aDivision-approved contractor at the expense of the applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 8. The permit applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 9. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and a-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 10. The permit applicant shall insure that lessee with the terms and conditions of this permit, the failure of any lessee or other users applicant to comply. or other user(s) shall comply and shall be responsible for under the control of permit Resolution No. 2007-33 Page 6 of 8 31A-15 11. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 12. The proposed wireless communication structure must be engineered to allow the colocation of other service providers. 13. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 14. The property owner shall be responsible for removal of any graffiti to the block walls around the perimeter of the wireless facility. Graffiti removal must be done within 24 hours of the occurrence. 15. Conditional Use Permit No. 2007-14 expires five years from the date of City Council approval. 16. Provide a 48-inch box size Brisbane Box Tree (Lophostemon confertus) adjacent to the broadleaf mono-tree. Resolution No. 2007-33 Page 7 of 8 31A-16 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. 2007-33 Conditional Use Permit No. 2007-141 in this action by p acing a rue copy ereof enc ose in sea a enve opes a ressed as follows: W. Dean Brown for The Planning Consortium (Verizon Wireless) 627 North Main Street Orange, CA 92868 [ ] 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. 2007-33 Page 8 of 8 31A-17 31A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: EXTENSION OF ENTITLEMENTS FOR VARIANCE NO. 2005-25 TO ALLOW REDUCTIONS IN THE FRONT YARD SETBACKS, LANDSCAPING AND LOADING ZONE REQUIREMENTS AT 206 NORTH OLIVE STREET - RICHARD CHIARINI, APPLICANT CI MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution approving a one-year extension of Variance No. 2005- 25 (a) , (b) and (c) . DISCUSSION On September 19, 2005, the City Council received and filed the staff report approving Variance No. 2005-25(a), (b) and (c) to allow a reduction in front yard setbacks, a reduction in landscaping and to waive the loading space requirement in order to construct a new office building in the Professional (P) zoning district at 206 North Olive Street. The project involves the construction of a two-story, 1,480 square foot office building. The floor plan includes three work spaces, a meeting room, a storage room and a reception area. The proposed building elevations will be enhanced by providing natural stone veneer, patinated metal roofing, clear glass panels and wood walls. A combination of trees, shrubs and ground cover will be planted within the setback area on both Olive and Second Streets. Access to the project will be provided from both Olive and Second Streets. A total of four parking spaces will be provided which satisfy the code requirement. Richard and George Chiarini, the owners of the property, have been unable to complete the construction of the project due to delays in two other projects that they're currently managing that prevented them from proceeding with the project plans. As a result, they are requesting a one- year extension of their entitlements, which were due to expire on September 19, 2007. The city received an extension request on July 2, 2007 before the variances expired (Exhibit 1). 31 B-1 Extension of Entitlements for Variance No. 2005-25 August 20, 2007 Page 2 Santa Ana Municipal Code Section 41-647 allows the City Council by resolution to approve up to a three-year extension of a conditional use permit or variance from the time that it would normally become void. The Planning Division recommends a one-year extension of entitlements rather than the three years proposed by the property owner. The additional year should be sufficient for the applicant to complete their other projects and begin construction of this project. The applicant may reapply for another extension if necessary. It is therefore recommended that the entitlements for the office building be extended for a period of one year as requested by the applicant. Environmental Impact 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 15303 and 15305. The Class 3 exemption allows the construction of small structures and the Class 5 exemption allows minor alterations in land use limitations. Categorical Exemption Environmental Review No. 2004-246 has been previously prepared for this project. FISCAL IMPACT There is no fiscal impact associated with this action. ay M. Trevino cutive Director Planning & Building Agency AN:rb AN\Plancomm2\va05-25.exteneion.cc 31 B-2 .lul 02 07 12:34p CHIARINI I~Iarbl¢ F~ ~ton¢ ~~ty z, zoo? Attu Ann Ni City of Sarrta Ana Planning Department Dear Ms. Ni, We have been diligently pursuing our intentions to build on 206 N. Olive Street, a project that at this time we must extend. This is due tb delays in two other projects that we are curr~,tly managing. As we have always l~ in pursuit of excellence in our projects, we would like to be certain that this one will also reflect our sincere efforts to encourage others in improving their properties in Santa Ana. Would you please notify us as to what is required in the matter of this desired time extension? Sincerely, Rich Ch" 'ni George C//h7~i~arin~i,, ~ G`w~+'WClf"~ 830 E. Washington Ave. Santa Ana, Cal'rf. 92701 (714) 547-5466 Fax (714) 547-72ffi EXHIBIT 1 p.l 31 B-3 bk:8/13/07 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING VARIANCE NO. 2005-25 AS CONDITIONED FOR ONE (1) YEAR FOR THE PROPERTY LOCATED AT 206 NORTH OLIVE STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On September 19, 2005, the City Council approved Variance Nos. 2005-25(a), 2005-25(b) and 2005-25(c) to allow a reduction in front yard setbacks, a reduction in landscaping, and a waiver of the loading space requirement to construct a new office building in the Professional (P) zoning district at 206 North Olive Street. B. The applicant has requested an extension of the expiration date for Variance Nos. 2005-25(a), 2005-25(b) and 2005-25(c). The Planning Division has recommended a one (1) year extension as being sufficient to allow the applicant to complete work on his other pending projects and begin construction of this office building. C. The instant extension request came before the City Council on August 20, 2007. D. Santa Ana Municipal Code Section 41-647 authorizes the City Council to extend the date on which a variance become void for a period for not to exceed three (3) years. E. In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report No. 2004-246. Section 2. The City Council of the City of Santa Ana hereby, approves a one (1) year extension of Variance Nos. 2005-25(a), 2005-25(b) and 2005-25(c), as conditioned. 31 B-4 Resolution No. 2007-XX Page 1 of 2 ADOPTED this _ day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2007-XX Page 2 of 2 31 B-5 31 B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE RSSOLUTION SUPPORTING THS ORANGSLINS MAGLSV PROJECT AND AUTHORIZATION TO SSSR FUNDING TO BSCOME A MSMBER AGENCY IN THE ORANGELINS DEVSLOPMSNT AUTHORITY i 1 CITY MANAGER ~` - RECOMMENDED AC710N CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~dReading ^ Ordinance on Z" Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution supporting the Orangeline Project with the Orangeline Development Authority for the purpose of promoting the High Speed Maglev system from North Los Angeles County to Orange County. 2. Authorize staff to seek Measure M funding in the amount of $52,320 in Fiscal Year 2007-08 to pay for the annual membership fee in the Orangeline Development Authority and to seek future funding to cover the annual fee. 3. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute the First Amended Joint Exercise of Powers Agreement with the Orangeline Development Authority for the purpose of promoting the development of the Orangeline High Speed Maglev system from North Los Angeles County to Orange County. DISCUSSION The Orangeline Development Authority ("Authority") is a joint exercise of powers authority currently comprised of fourteen Los Angeles and Orange County cities, which has been established to examine the feasibility of constructing a high speed maglev (magnetic levitation) system in Southern California (Exhibit 1). As currently planned, the Orangeline Maglev Project (Orangeline) would travel on an elevated guideway above existing highway or railroad corridors at up to 240 miles per hour, with an average speed of 90 miles per hour in urban areas. Orangeline officials estimate that trains 55A-1 Orangeline Project August 20, 2007 Page 2 of 3 would cover the 108 miles between Palmdale and Irvine in approximately one hour, making 18 station stops every 5-10 minutes throughout the day. Maglev is an advanced ground transportation technology under development for the past 30 years and is currently operating in Shanghai, China. Built in just three years and beginning operation in 2003, the Shanghai Maglev has carried over 11 million people along its 19-mile route connecting Pudong Airport with the city center. Maglev technology has several key advantages over conventional high speed trains and urban rail systems. It is quieter, more energy efficient, and more cost-effective due to lower operating costs and higher quality of service. In December 2005, the Authority entered into a public private partnership agreement with a private consortium led by the Dutch infrastructure engineering and development firm ARCADIS. The team contributed $1.1 million to a Phase 1 preliminary engineering and financial planning study completed in November 2006. The Authority has met with investment bankers and is currently focused on securing private funding to undertake Phase 2 engineering, environmental and financial planning work. The Authority has also submitted a funding proposal to the California Transportation Commission and is working with Legislative leaders and the Administration to secure state support for the project. Upon completion of this Phase 2 project development work, which is estimated to take 3 years, the Authority would sell bonds to finance the cost of constructing the 108-mile, $19 billion high speed maglev system. The system could begin operation as early as 2014. Orangeline officials have proposed running maglev service down the Pacific Electric (PE) Railroad right-of-way on much of the route between Los Angeles and Orange County. A map showing possible alignments through the City of Santa Ana is shown in Exhibit 2. The Orangeline could be extended as a subway segment from the PE Railroad right-of-way to the train station or via an elevated guideway along Seventeenth Street. By supporting the Orangeline the City of Santa Ana can play a major role in advancing a project that will directly serve the city and provide a viable alternative to the California High-Speed Train system that doesn't provide service to our city. It is also in the City's best interest to enter into the Joint Exercise of Powers Agreement with the Orangeline Development Authority to ensure that the City maximizes its benefits from this project. Further, by joining the Orangeline Development Authority the City is able to participate in an already existing entity and increase the potential for private sector funding to achieve the goal of implementing the project. 55A-2 Orangeline Project August 20, 2007 Page 3 of 3 BNVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is statutorily exempt from further review. Statutory exemption ER 2007-125 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. "~ / James G. Ross Executive Director Public Works Agency 55A-3 I ,.Manta Clanta Vemon r ~°~ Huntington Park South Gate, f)rangeline Nigh Speed Maglev Downtown Los Angeles Downey Cerritos '.L~Los Alamitos Ana IrVlne EXHIBIT 1 sa~-~ ~~~ clTYCOUrvcl~ rile: ORANGEUNE MAGLEV SYSTEM '~>'" AcENDADAre: FROM NORTH LOS ANGELES AUGUST 20, 2007 C9lJNTY_TO ORANGE COUNTY RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE ORANGELINE DEVELOPMENT AUTHORITY FOR THE PURPOSE OF PROMOTING THE HIGH SPEED MAGNETIC LEVITATION SYSTEM FROM NORTH LOS ANGELES COUNTY TO ORANGE COUNTY AND AUTHORIZING CITY STAFF TO SEEK FUNDING TO PAY THE ANNUAL MEMBERSHIP FEE TO ENTER INTO THE ORANGELINE DEVELOPMENT AUTHORITY JOINT POWERS AGREEMENT 8/13/07 les 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 Orange Development Authority ("Authority") is a joint exercise of powers authority currently comprised of fourteen Los Angeles County and Orange County cities. The Authority has been established in order to examine the feasibility of constructing a high speed magnetic levitation ("Maglev") system in Southern California. B. As currently planned the Orangeline Maglev Project ("Orangeline") would travel on an elevated guideway above existing highway or railroad corridors at up to 240 miles per hour, with an average speed of 90 miles per hour in urban areas. Orangeline officials estimate that trains would cover the 108 miles between Palmdale and Irvine in approximately one hour, making 18 station stops every 5-10 minutes throughout the day. C. The Orangeline officials have proposed running Maglev service down the Pacific Electric ("PE") Railroad right-of-way on much of the route between Los Angeles and Orange County. Maglev technology has several key advantages over conventional high speed trains and urban rail systems. It is quieter, more energy efficient, and more cost effective due to lower operating costs and higher quality of service. D. By supporting the Orangeline, the City of Santa Ana can play a major role in advancing a project that will directly serve the city and provide a viable alternative to the California High Speed Train system that does not provide service to our City. Resolution No. 2007-xxx rJrJQ-s Page 1 of 3 E. It is also in the City's best interest to enter into the Joint Exercise of Powers Agreement with the Authority in order to ensure that the City maximizes its benefits from this project. Further, by joining the Authority, the City will be able to participate in an already existing entity and increase the potential for private sector funding to achieve the goal of implementing the project. Section 2. In accordance with California Environmental Quality Act, the proposed project is exempt from further review pursuant to section 15262, which involves a feasibility and planning study of a transportation system. Categorical Exemption Environmental Review No. 07-125 will be filed for this project. Section 3. The City Council of the City of Santa Ana hereby supports the Orangeline Development Authority Magnetic Levitation Project and authorizes seeking funding to pay the annual fee for membership in the Joint Exercise of Powers with the Orangeline Development Authority. Section 4. The City has been presented with a proposed agreement entitled "First Amended Joint Exercise of Powers Agreement". The City Council of the City of Santa Ana hereby approves the agreement and directs and authorizes the City Manager and Clerk of the Council to execute the First Amended Joint Exercise of Powers Agreement with the Orangeline Development Authority for the purpose of promoting this development. Section 5. This Resolution shall take effect immediately after its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2007-xxx rJrJQ-7 Page 2 of 3 ADOPTED this day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana Resolution No. 2007-xxx rJrJQ-H Page 3 of 3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 2, 2007 TITLE: RESOLUTION TO DEVELOP A YOUTH AND FAMILY MASTER PLAN CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2"~ Reading ^ Implementing Resolution ^ Set Public Hearing Fof ~ ^~ CONTINUED TO p~ l~i ' FILE NUMBER o Adopt a resolution to develop a Youth and Family Master Plan. DISCUSSION The Parks, Recreation and Community Services Agency and the City Council recognize the need for mitigating risk factors that lead to problem behavior in youth, and offering programs and services that promote the positive development of young people. To accomplish this, the City plans to bring together a broad base of stakeholders, including youth, parents, and City, school district and business leaders, to work in a collaborative process of strategic planning, This multi-year planning process will be facilitated through the City's Youth Commission. In addition, an important product of this process will be the development of a Youth and Family Master Plan that identifies the needs of Santa Ana's youth based on data and on community input, establishes a set of public goals and priorities, and develops recommendations that will effectively respond to the needs of Santa Ana's youth. This plan will assist in the development of effective strategies to support the City's commitment to be a catalyst for the positive development of young people. FISCAL IMPACT There is no fiscal impact associated with this action. u~-~C~' Gerardo Mouet, Executive Dire for Parks, Rec and Com. Svcs. 55B-1 (JXS 7/26/07) RESOLUTION NO. 2007- xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS COMMITMENT TO BE A CATALYST FOR THE POSITIVE DEVELOPMENT OF YOUNG PEOPLE. WHEREAS, it is the City Council's desire to demonstrate its commitment to make the needs of young people a priority on the public agenda; WHEREAS, the City Council further recognizes the need for improving the quality of life for everyone in the community by mitigating the risk factors that lead to problem behavior in young people and by promoting the positive development of children and youth; WHEREAS, the City Council recognizes that it will be necessary to bring together a broad base of stakeholders to work in a collaborative, community-wide process of strategic planning, including youth, parents, City officials and staff, school district leaders, City commissions, and business and civic leaders to develop along-term strategic plan for youth and families; WHEREAS, the City Council further recognizes that the City of Santa Ana Youth Commission is in an optimal position to take a leadership role in the development and implementation of a strategy and collaborative process that can be accomplished in phases; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Santa Ana as follows: SECTION 1. The City Council hereby declares its commitment to make the needs of young people a priority on the public agenda. SECTION 2. The City Council hereby endorses the development of a Youth and Family Master Plan that will identify and document the needs of youth in Santa Ana based on data and on community input, establishes a set of public goals and priorities, and develops recommendations that will effectively respond to the needs of children in Santa Ana, and serves as a guide for policy makers within the City of Santa Ana for the distribution of resources directed towards youth services. SECTION 3. The City Council hereby endorses a process that involves the major stakeholders in an inclusive and collaborative process with full involvement and leadership by the City of Santa Ana Youth Commission. Resolution No. 2007-XXX Page 1 of 2 55B-2 SECTION 4. The City Council hereby directs the Parks, Recreation, and Community Services Agency to implement a strategy in a phased approach to develop the Youth and Family Master Plan that will carry out the intent of the City Council. SECTION 5. The Mayor shall sign this resolution and the City Clerk shall attest and certify the passage and adoption of this resolution and it shall become effective immediately upon its approval. Adopted this day of 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Senior Assistant City Attorney AYES: NOES: Councilmembers 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 Resolution No. 2007-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2007-XXX Page 2 of 2 Clerk of the Council City of Santa Ana 55B-3 55B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: PUBLIC HEARING - CONTINUATION OF THE PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP) i CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve an ordinance to extend the $17.50 per unit annual rental inspection fee and extend the Proactive Rental Enforcement Program (PREP) for four years. 2. Approve continuation of the Gold Seal Incentive Program and funding to recognize exemplary rental properties. DISCUSSION The Proactive Rental Enforcement Program (PREP) was initially approved by the City Council in 1992 in response to a study prepared by community leaders. The study, entitled the "Mayor's Task Force on Neighborhood Standards and Preservation", proposed establishing a systematic proactive rental inspection program to address poorly maintained rental properties that were negatively impacting the quality of life of tenants and surrounding residents. After an extensive series of negotiations between representatives from the City, the rental housing industry and the real estate association, a program and operational guidelines were agreed upon. The program was to be compliance driven versus punitive and would sunset in December of 1999. Upon completion of inspections in several designated neighborhoods and one round of city-wide inspections, the program was twice renewed for four years, first in 1999 and later in 2003. When the PREP program was initially approved, the rental housing industry requested a provision be included that would reward rental owners who have displayed exemplary maintenance and management practices, and who have not created service demands from Community Preservation or the Police Department. This provision was labeled the Gold Seal Incentive Program. The primary benefit for rental owners who can successfully complete a three stage qualification process and receive Gold Seal recognition is an exemption from the annual $17.50 per unit fee for a period of four years. Through 2006, three Gold Seal application periods 75A-1 Continuation of PREP August 20, 2007 Page 2 have been held. The exemptions for rental owners currently participating in the Gold Seal program are scheduled to sunset along with the PREP program in December 2007. An early continuation of the program by the City Council will allow time for a Gold Seal application period to be conducted in 2007 and no break in rental fee exemptions for those that can re-qualify. The present funding for the Gold Seal program is $110,000, which provides for 6,285 units to receive exemptions from the $17.50 per unit annual fee. The primary concentration of the PREP inspections is on the exterior maintenance of rental properties, such as poor landscaping, unsightly paint, damaged fencing, illegal storage or inoperable vehicles. Should a condition be observed that leads to suspicion of a more serious issue being present on the property, or within the structure, a thorough inspection is conducted. The PREP team also responds to all complaints received by Community Preservation pertaining to rental properties As awareness of the PREP program has grown, rental owners understand their properties will be routinely surveyed. This has led to an increasing number of owners regularly monitoring their properties and correcting unsightly conditions as they may occur. Unfortunately, another sizable number of rental owners still does not demonstrate diligence in their management and lets their properties to repeatedly regress into eyesores. These are the properties requiring continued regular proactive inspections by the PREP staff. Each year, PREP inspectors survey one-fourth of the City, using the Police reporting districts as a guide. All rental housing in the quadrant is surveyed and those with deficiencies are issued notices to correct the conditions. The on-going challenge for PREP is to maintain improvements made in the completed areas, while moving on to conduct inspections in the next quadrant. Properties that rapidly deteriorate generate most of the complaints received by the PREP staff. Two notable achievements of the PREP program since inception are a dramatic decrease in the number of complaints being received for rental properties and a substantial financial reinvestment to upgrade Santa Ana's rental housing. The percentage of complaints for rental properties has dropped from 75~ in 1992 to 14~ in 2003. This is due to the proactive nature of the program and inspectors addressing conditions on the rental properties before the neighbors are compelled to file a complaint. In terms of reinvestment, PREP inspections have been responsible for in excess of $4 million dollars being put back into the City's rental housing stock through 2006. The PREP program has proven beneficial to Santa Ana by maintaining the City's rental housing at an acceptable standard. The program receives positive reviews from residents for the improved appearance of their 75A-2 Continuation of PREP August 20, 2007 Page 3 neighborhoods and from the rental housing industry for abiding by the approved guidelines and not generating complaints to their respective associations. As both apartment associations will attest, there have been very few complaints regarding PREP since inspections began in 1993. Almost all the complaints received were from property owners who were denied Gold Seal benefits. The owners had an opportunity to appeal their denial to the Rental Housing Task Force, which could either uphold or overturn the denial. With proven success in reducing complaints received for rental properties, noticeably improving the appearance of many rental properties and maintaining continued support of the rental housing industry, the Planning and Building Agency is requesting the extension of the PREP program for another four year term to allow continued inspection of all rental housing in the City. It is also requesting the authorization of the required funding for the Gold Seal Incentive Program. The Rental Housing Task Force has unanimously endorsed extending the PREP program for another four years contingent upon no changes to program guidelines, policies, or funding, and continuation of the Gold Seal Incentive Program (Exhibit 1). Environmental Impact The PREP program is exempt from CEQA pursuant to Section 15061(b)(3) of CEQA Guidelines in that it can be seen with certainty that extension of the existing rental inspection program will have no possible significant effect on the environment. Additionally, extension of the PREP program is further exempted pursuant to the Class 21 Categorical Exemption, Section 15321 of the CEQA Guidelines, which exempts enforcement actions of regulatory agencies. Categorical Exemption No. ER 2007-123 has been.. adopted for this program. FISCAL IMPACT Funding for the Proactive Rental Enforcement Program is derived from a $17.50 per unit per year fee for all rental units in Santa Ana. Annual revenue is expected to be $454,160 with program costs anticipated to be $641,923.92. The costs not funded by the PREP fee will be accounted for in the Planning and Building Agency's operating budget. APPROVED AS TO FUNDS AND ACCOUNTS: M. Trevino ~~'rancisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency~+' DH:rb rb/reports/PREP Cont Aug 2000 75A-3 RENTAL HOUSING TASK FORCE PROACTIVE RENTAL ENFORCEMENT PROGRAM July 18, 2007 Jay Trevino, Executive Director Planning & Building Agency City of Santa Ana P. O. Box 1988, M-20 Santa Ana, CA. 92702 Re: PREP Program Deaz Mr. Trevino: This letter is to advise you that, at the June 26`h meeting of the Rental Housing Task Force, of which I am Chairman, the members voted unanimously to endorse extension of the PREP program for an additional four years through December 31, 2011. Our endorsement is conditional with the understandinG that there will be no chances to the current oaerational Guidelines, the fee structure or to availability of the Gold Seal Incentive Program. I represent the Apartment Association of Orange County and have been a member of the Task Force since the inception of PREP in 1992. I have been pleased with the City of Santa Ana's commitment to operating the program in complete compliance with the originally approved policies and procedures. The other members and I look forward to this cooperative working relationship continuing. The Rental Housing Task Force is requesting the Santa Ana City Council to approve the four yeaz extension of the PREP program with the understandings stated above. Sincerely, /~- l ~-- Ray Ma i, Chairman Rental Housing Task Force cc: Miguel Pulido, Mayor Dave Ream, City Manager EXHIBIT 1 75A-4 a a 0 0 0 0 U U a c L d u ° ° o on on C C R R L iR.. p p a y vi W 6~ d G~ d ~, c,., ci.w d d O ~ ~ a O O O ~+ ~+ L' a+ ~+ ~+ w R R R R R O O 6> a ++ Y~~~ W W R .O O R R ,~ R. G d d ~ ~ ~ d d d G> GJ 6> 6> ~~ p d~ c~a;rxc~ Fx a ~~ ~~ 3 ~aaa w~ a L~ ss~ ~ EE~E c a. o o u 8 E 8 E v ~ ~ dd v°~v°~ A: UUUU cG ~ ~ o O Z W a c W H.y .. ,~ o y ~u Q ~ ~ ~ ~ w ~ •~ y O F- O Z ~ ~~ d o d d _ C axi ~ = ~° ~ a~L•~o w ~~ R~ ~ ~~°~N a u ~H U v>> ~ o ~ u s U w u ,., m ~j ~ L vi C7 ~..~ C m R ~ ti a R i" ~ C1. R y r '~ C as ~~ w3 >o ww3~~ ~' L •O d d Q-i/ r C y ~ ~' R ~ 3 0 =_~ .L ~, ~ °o~ R U ~ C ~ C Q! ~ ~ ~ ~ ~ ~ `° ~ U 'i1"i e3e u pa ~ a~ U u ~ ~~/ C~~C R rL~, x ~ ~C~C~I A ~ ~ N N A A M Q/ 'k /-i ~ W~ -X Jwf/lar 8.20.07 ORDINANCE NO. 2007- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 21-120r.1(a) OF THE SANTA ANA MUNICIPAL CODE TO EXTEND THE FEE CHARGED TO FINANCE THE CITY'S PROACTIVE RENTAL ENFORCEMENT PROGRAM. THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares as follows: A. In June of 1990 the Mayor's Task Force on Neighborhood Standards and Preservation recommended the implementation of a mandatory inspection program for all residential rental properties in the City of Santa Ana. B. On July 19, 1992, representatives from the Planning and Building Agency and various apartment associations met and reached agreement on the Proposed Proactive Residential Enforcement Program. C. The purpose of the proposed program was to promote public health, safety and welfare through a proactive program of periodic and systematic inspections of all residential rental properties in the City of Santa Ana. D. The spirit of the proposed program was to promote environments in which unsanitary conditions and life safety hazards are reduced for occupants of residential rental properties and inspection would ensure that building systems providing water, sewage disposal, heating and electricity are safe and operational and encourage the residential rental industry to affect repairs and conduct preventative building maintenance before deteriorated conditions upon rental property reach gross proportions. E. The adoption of the Proactive Rental Enforcement Program necessitated increased staffing to focus enforcement efforts exclusively on the identified proactive rental inspection areas. Ordinance No. NS- _ Page 1 of 6 75A-6 F. The additional staff positions and operational costs were proposed to be borne through the adoption of an annual inspection fee assessed to members of the residential rental industry who voluntarily chose to engage in the business of residential rentals. G. All fees assessed under proposed program bear a direct correlation between the amount of the fee and the actual cost of the services provided. Therefore, all fees charged under the Proactive Rental Enforcement Program are used only to pay for the administration, enforcement, implementation and other services specifically related to PREP. H. The $17.50 per unit annual fee was proposed to cover only the cost of the additional staff and operational costs associated with the Proactive Rental Enforcement Program and would be used to fund only the cost of the program and not on-going complaint-driven code enforcement activities. The Program's focus shifted in 1999 to include complaint-drive code enforcement activities related to rental housing. In light of the fact that the Planning and Building Agency did not have the necessary resources for the collection of the proposed inspection fee and for the ease and convenience to the residential rental business industry, the $17.50 surcharge fee was proposed to be collected with the business license tax already paid by persons operating such a business on an annual basis. J. The proposed program provided for initial inspections of all residential rental properties, unless exempted, within designated proactive rental housing code enforcement areas; as well as, reinspection of each property after completion of the initial inspection period. K. On August 3, 1992, in response to the recommendation of the Mayoral Task Force committee and to address the growing concerns of the community regarding the deterioration of residential rental units in the City as it related to issues of life, health and safety, the City Council of the City of Santa Ana adopted an ordinance creating a $17.50 surcharge fee to fund the cost of a residential rental inspection program. L. The ordinance established a sunset date of December 31, 1999 for the $17.50 fee to allow fora "seven year period to undertake the program and evaluate its impact", thus "providing a time frame sufficient to fully monitor [itsj results". M. The ordinance also provided that any extension of the surcharge fee beyond the sunset date would require further action by the City Council. Ordinance No. NS- _ 2 Page 2 of 6 75A-7 N. On June 20, 1994, the City Council adopted Resolution No. 94-026, which approved and adopted the "Gold Seal Incentive Program" whereby particular residential properties or residential apartments may be certified as having met standards of excellence in property maintenance and as certified, would be exempted from payment of the surcharge fee for a three-year period. O. In October 1999, the City Council adopted Ordinance No. NS-2408 which extended the PREP fee until December 31, 2003 based on a fee study. P. This 1999 fee study reported that funding the cost of the required staff and operational costs associated with the continuation of the Proactive Rental Enforcement Program would amount to an estimated $608,410. The 2003 fee study for PREP reports an increase in required staff and operational costs from $608,410 to $617,360. O. In 1999, business license records indicated an inventory of 28,500 rental units generating $498,750 in revenue. Business license records for calendar year 2003 indicated an inventory of 27,231 rental units, 958 less than in 1999 which, at $17.50 per unit, generated annual revenue of $476,542. R. From 1999 to 2003, the decrease of 958 rental units and increase in staffing and operational costs created a further widening of the deficit between program costs and revenue generated by the Rental Inspection Fee. S. To offset a percentage of the revenue versus costs deficit in the 1999 program budget, and given that inspection emphasis for the extension was to be placed primarily on the exterior of the rental properties, PREP staffing was reduced form six to five inspectors. T. Staffing for the PREP program during the extension period of calendar years 2004 through 2007 was reduced from five to four. U. It is anticipated that, for the 2008-20011 extension, the Proactive Rental Enforcement Program will generate $454,158.73 a year in revenue based upon the $17.50 fee per unit and the estimated number of units (approximately 25,951). V. A fee study conducted for the calendar year 2006-2007, found that the Proactive Rental Enforcement Program will cost the City of Santa Ana $641,923.92 a year. W. It is anticipated that the deficit for the Proactive Rental Enforcement Program will be $187,765.19 a year for the extension period of 2008-2011. Ordinance No. NS-_ Page 3 of 6 75A-8 Currently, the PREP program continues to have four inspectors and based upon the revenue and costs projection, that is not expected to change. X. Continuation of Proactive Rental Enforcement Program is essential to the neighborhoods in Santa Ana to provide assurances that the rental housing will not be allowed to revert to the condition which led to the initial concerns for the implementation of an inspection program in 1992. Y. Recurrent poor management by rental owners has become a challenge for the Proactive Rental Enforcement Program inspectors in maintaining improvements gained in the previous areas while conducting inspections in the next neighborhood. Z. In an effort to continue monitoring the results of the program, PREP will continue for another four-year period, commencing on January 1, 2008 and will sunset on December 31, 2011, to allow for review of the program Section 2. In accordance with the California Environmental Quality Act, the recommended action is categorically exempt from further review per section 15321, Class 21, as the project involves an enforcement action by a regulatory agency to allow the continuation of an inspection program. A Categorical Exemption for Environmental Review No. 2007-123 will be filed for this project. Section 3. Section 21-120r.1 of the Santa Ana Municipal Code is hereby amended, which amendment only extends the sunset clause currently in said section from 2008 to 2011, to read in full as follows (deleted text in strikeout and added text in bold are included for tracking purposes only): Sec. 21-120r.1. Residential Rental Surcharge. (a) Except as otherwise provided in subsection (b) of this section, the business license tax for residential property rental and residential apartment rental shall consist of the amount set forth in subsections (2) and (3) of section 21-120r plus an annual surcharge of seventeen dollars and fifty cents ($17.50) per each property rental unit or each apartment rental unit. The surcharge hereby established shall be due and payable and shall be paid at the same time and in the same manner that the amount due under section 21-120r is due and payable. No business license shall be issued unless the surcharge is paid. Penalties and interest shall be assessed upon the total amount due and unpaid at the rate specified in this chapter until such time as both the amount due under section 21-120r and the surcharge due under this section are paid in full. All provisions for the enforcement, collection and recovery of unpaid business license taxes shall likewise apply to the enforcement, collection and recovery of any unpaid surcharge. Notwithstanding any provision of Ordinance No. NS- _ 4 Page 4 of 6 75A-9 this chapter to the contrary, the amount of the surcharge shall not change except by amendment of this section. This section shall expire on, and be of no further force or effect after December 31, 2092 2007. (b) The city council may, by resolution, establish a program whereby particular residential properties or residential apartments, licensed pursuant to this chapter, may be certified as having met standards of excellence in property maintenance. In such event, the executive director of the planning and building agency shall be responsible for the implementation of that program. Owners of property certified pursuant to that program shall be exempt from the payment of the surcharge specified in subsection (a) of this section for the three (3) tax years next succeeding the time of such certification. The executive director of the planning and building agency shall provide the executive director of the finance and management services agency with listings of licensed properties certified under this program, which shall be periodically updated to reflect changes. The city council may provide for such financial limitations on the exemptions to be granted from the surcharge as the city council deems appropriate. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations there under appertaining shall continue in full force and effect. ADOPTED this day of 2007. Miguel A. Pulido Mayor Ordinance No. NS-_ Page 5 of 6 75A-10 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Rossini Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS- _ 6 Page 6 of 6 75A-11 75A-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: PUBLIC HEARING: ABANDONMENT NO. 06-06: TO VACATE A PORTION OF SYCAMORE STREET BETWEEN 10~" STREET AND WASHINGTON AVENUE CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO ~ oZ FILE NUMBER $fa©/Q `1 Adopt a resolution vacating a portion of Sycamore Street between Washington Avenue and 10`h Street. DISCOSSION On August 2, 2004, the City Council approved various entitlements for the proposed One Broadway Plaza (OBP) office tower project. As part of the project, Caribou Industries is requesting that Sycamore Street from Washington Avenue to about 137 feet north of 10`h Street be vacated and incorporated into the project boundary (Exhibit 1). A 12-story parking structure will be constructed within the vacated area. The City presently has a street easement over the proposed vacated area and reversionary rights to the land are held by the adjacent landowners, including OBP, according to the title report supplied by the applicant. The owners of the affected properties east of Sycamore Street have indicated their concurrence with the proposed street vacation by signature on the application and execution of a street vacation commitment. The street vacation commitment requires 1200 Main Partners, LLC, as owner of 1200 North Main Street, and Orange County School of the Arts Foundation, as owner of 1000, 1010, and 1018 North Main Street to convey the Sycamore Street underlying fee property to OBP, and to cooperate with the City and OBP to complete the vacation. The resolution to vacate a portion of Sycamore Street will include certain requirements prior to recordation: 1. OBP shall acquire underlying fee title to all of the area to be vacated. 75B-1 Abandonment No. 06-06 AUGUST 20, 2007 Page 2 crf 2 2. OBP shall irrevocably offer for dedication the land within the street vacation area to the City. The offer will expire upon completion of the project parking structure. 3. OBP shall provide to the City an improvement bond to guarantee the construction of all necessary improvements to restore the vacated area in the event the applicant fails to complete construction of the Parking Structure. The bond will released following completion of the project parking structure. 4. The City owned sewer and water lines in Sycamore Street serving the properties east of the area to be vacated will be relocated to within those private properties, and OBP will accept the maintenance obligation. 5. OBP shall provide continuous vehicular access to the parking structure within 1200 North Main Street in a means acceptable to the City. Official notices of the public hearing for the vacation were posted by staff along the street 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. Utility companies, other government agencies and City departments were advised of the street vacation. Power, telephone, and gas lines will be relocated. The driveway leading to the Orange County High School of the Arts lies within the portion of Sycamore Street which will remain public right of way. The proposed resolution will abandon the City's street easement at this location. City staff recommends the vacation of the street. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act the proposed street vacation has been determined to be adequately evaluated in previously prepared Environmental Impact Report ER No. 99-01. FISCAL IMPACT There is no fiscal impact associated with this action. James G. oss l/ Executive Director Public Works Agency 75B-2 _~ I I --~ WASHINGTON AVENUE Q °a 0 m 1209 N BROADWAY 1200 N MAIN W W H V) W ~ 1110 N MAIN Q U r ONE BROADWAY PLAZA 1010+1018NMAIN OCHSA (E) DRIVEWAY TENTH STREET ~ n n LEGEND ® PROPOSED ABANDONMENT AREA EXHIBIT 1 F W W H z a SANTn er+n TITLE: PUBLIC HEARING: ABANBONMENT N0. 06-06 Pu JUNE a4 D2007 TD STREET BET EEN D10THF STREE ~RE AND WASHINGTON AVENUE Rac .u.s mcr 75B-3 'r ~'h'r!i: HALESWORTH bk:8/14/07 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF SYCAMORE STREET BETWEEN WASHINGTON AVENUE AND 1QTH STREET WITH CONDITIONS (ABANDONMENT NO. 06-06) 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 May 7, 2007, Resolution No. 2007-038 wherein it declared its intention to vacate with conditions, 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 Cahifornia, a portion of Sycamore Street between Washington Avenue and 10 Street. B. On August 2, 2004, the City Council approved various entitlements for the proposed One Broadway Plaza (OBP) office tower project. As part of the project, Caribou Industries is requesting that Sycamore Street from Washington Avenue to approximately 137 feet north of 10~h Street be vacated and incorporated into the project boundary. A 12-story parking structure will be constructed within the vacated area. C. The proposed abandonment area, Sycamore Street from Washington Avenue to about 137 feet north of 10~h Street, is shown on Exhibit 1 attached hereto and incorporated herein by this reference. D. Resolution 2007-038 gave notice that at its regular meeting of June 4, 2007, at 5:30 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. At that regular meeting, the matter was continued by the Council to 6:00 p.m. at the regular Council meeting of July 2, 2007, and at that time the matter was again continued by the Council to 6:00 p.m. at the regular Council meeting of August 20, 2007. All such notices have been given to and regular meetings have been held at the Council Chambers at 22 Civic Center Plaza. Resolution No. 2007- Page 1 of 4 75B-4 E. This Council finds that said Resolution has been published in the manner prescribed by law for the publishing of ordinances of the City. F. 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. G. This Council at the time and place set for hearing, heard any and all persons interested in or objecting to said proposed vacation of said portions of the streets and received and considered all evidence submitted. H. 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: 1. Said portions of said streets are not necessary to provide access to abutting property owners; and 2. Said portions of said streets are unnecessary for present or prospective public use. 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 Sycamore Street from Washington Avenue to approximately 137 feet north of 10th Street, as generally shown on the maps labeled Exhibit 1, attached hereto and made a part hereof by this reference, and the same are hereby vacated if and only if the following conditions have been completed to the satisfaction of the City's Engineer: A. OBP shall acquire underlying fee title to all of the area to be vacated by this resolution. B. OBP shall irrevocably offer for dedication the land within the street vacation area to the City in a form approved by the City Attorney. The term of the offer shall expire upon completion of the project parking structure as determined by the City's Building Official. C. OBP shall provide to the City an improvement bond, in an amount determined by the City Engineer and in a form approved of by the City Attorney, to guarantee the construction of all necessary improvements to restore the vacated area in the event the applicant fails to complete Resolution No. 2007- Page 2 of 4 75B-5 construction of the Parking Structure. The bond will be released following completion of the project parking structure. D. The City owned sewer and water lines in Sycamore Street serving the properties east of the area to be vacated shall be relocated to within those private properties, which shall become private and OBP will accept the future maintenance obligation of the sewer and water lines. E. OBP shall provide an ingress and egress easement to the parking structure at 1200 North Main Street in a form acceptable to the City Attorney. Section 3. Final Environmental Impact Report No. 99-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations which came before the City Council on March 15, 2004, and was approved and adopted by resolution at the July 19, 2004 hearing. This resolution incorporates by reference, as though fully set forth herein, the Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. Section 4. 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 County. Said recordation shall occur after the conditions (Section 2) have been satisfied by OBP to the City's Engineer's satisfaction. The City's Engineer shall inform the Clerk of the Council when and if all of said conditions have been satisfied. Section 5. Said portions of the streets shall not be deemed vacated until this resolution is recorded. ADOPTED this _ day of , 2007. Miguel A. Pulido APPROVED AS TO FORM: Mayor Joseph W. Fletcher City Attorney Kylee O. Otto Assistant City Attorney Resolution No. 2007- Page 3 of 4 75B-6 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2007- Page 4 of 4 75B-7 i L~ HALESWORTH O Q O K m w W N Z a TENTH STREET LEG /~~~~~ PROPOSED ABANDONMENTAREA EXHIBIT 1 _ SdNid dNq retie: r?I~ City Council ABANDONMENT N0. 06-06: TO VACATE (^ y~,'Q ^ Agenda Dote: A PORTION OF SYCAMORE STREET y Moy 7. 2007 BETWEEN 10TH STREET AND ""'°"""' WASHINGTON AVENUE 75B-8 WASHINGTON AVENUE REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: AUGUST 20, 2007 TITLE: CONTRACT AWARD FOR CHILLER AND PUMP REPLACEMENT (SPEC. NO. 07-070} AND COOPERATIVE AGREEMENT lX ' " CITY MA AGER E CUTIVE D ECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a resolution of the City Council making certain findings for the Community Redevelopment Agency to assist in the payment for the chiller and pump replacement at the Santa Ana Regional Transportation Intermodal Center. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with ACCO Engineered Systems, in the amount not to exceed $130,000 to replace the chiller and pump at the Santa Ana Regional Transportation Intermodal Center. 3. Direct the City Attorney to prepare and authorize the City Manager to execute a Cooperative Agreement between the Community Redevelopment Agency of the City of Santa Ana and the City of Santa Ana, in the amount not to exceed $130,000 for the Santa Ana Regional Transportation Intermodal Center chiller and pump replacement. COMMUNITY REDEVELOPMENT AGENCY ACTION Direct the Agency General Counsel to prepare and authorize the Executive Director to execute a Cooperative Agreement between the Community Redevelopment Agency of the City of Santa Ana and the City of Santa Ana, in the amount not to exceed $130,000 for the Santa Ana Regional Transportation Intermodal Center chiller and pump replacement. 80A-1 Contract Award for Chiller and Pump Replacement and Cooperative Agreement August 20, 2007 Page 2 DISCUSSION The Community Development Agency manages and operates the City-owned Santa Ana Regional Transportation Intermodal Center. The 47,000 square foot facility houses the Santa Ana W/0/R/K Center and serves millions of commuters annually. The air conditioning chiller at the facility is over 29 years old and requires replacement. The contract will include removal of the existing chiller and pumps as well as installation and testing of a more energy efficient unit. The notice inviting bids was advertised on July 25, 2007, and bids were solicited. A summary of the bid invitations and bids received is as follows: 5 Invitations For Bid mailed 1 Bid mailed to a Santa Ana vendor 4 Bids received 1 Bid received from a Santa Ana vendor Bids were received and opened on August 6, 2007. The bid received from ACCO Engineered Systems is responsive to the specification and meets the City's requirements. To allow for unanticipated requirements, a ten percent contingency has been included in the award amount. ENVIRONMENTAI. IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review per section 15301 (d), which allows repair and restoration of deteriorated or damaged mechanical equipment for the purpose of meeting current standards for public health and safety. Categorical Exemption Environmental Review No. 2007-124 will be filed for this project. 80A-2 Contract Award for Chiller and Pump Replacement and Cooperative Agreement August 20, 2007 Page 3 FISCAL IMPACT Funds are available in the Merged Capital Improvement account (no. 570- 936-6621). APPROVED AS TO FUNDS AND ACCOUNTS: Nancy T. ,dwards ,,(OLrF'rancisco Gutierrez ~uf Zr-- Assistan Director v Executive Director Community Development Agency Finance & Management Services Agency FG/BP/07-070.21:uc H:\ACT:ON ITEMS \COONCIL\2007 CC\JT CC-CRA ContAwardChi ller&PumpReplace 8-20-07 V3.doc 80A-3 8/7/07LES RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA CONSENTING TO THE PAYMENT OF THE COST OF IMPROVEMENTS TO A PUBLICLY OWNED IMPROVEMENT, THE AIR CONDITIONING SYSTEM AT THE SANTA ANA REGIONAL TRANSPORTATION INTERMODAL CENTER, BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, PURSUANT TO SECTION 33445 OF THE HEALTH & SAFETY CODE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Project Area (the Redevelopment Plan"), in the area formerly known as the Inter City Project Area. B. Section 33445 of the Health & Safety Code, part of the California Redevelopment Law, provides that the Agency may pay for all or part of the cost of installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without the project area, upon the consent of the City Council of the City of Santa Ana ("City"), if the following findings can be made: 1. That the public improvement is of benefit to the project area or the immediate neighborhood in which the project is located; 2. That no other reasonable means of financing the public improvement is available to the community; and 3. That the payment of funds for the cost of the public improvement will assist in the elimination of one or more blighting conditions inside the project area. C. The City is the owner of the Santa Ana Regional Transportation Intermodal Center (SARTIC), a regional transportation hub combining Amtrak, MetroLink, Orange County Transit Authority and other bus services, 80A-4 along with office space for various State, County and City departments. The SARTIC is located within the former Inter City Project Area. Patronage at the SARTIC has escalated in recent years to over one million persons annually. D. The City desires to modernize, reconstruct and improve the air conditioning chiller and pump ("air conditioning system") in order to bring the existing equipment up to current industry standards. The existing equipment is over twenty-four (24) years old and requires replacement as it is beyond the typical lifespan for this type of equipment. Work to be performed will include removal of the existing chiller and pumps as well as installation and testing of a more energy efficient unit. E. The improvements to be made to the air conditioning system at the SARTIC will be of benefit to the merged Project Area (and the former Inter City Project Area) as well as benefit the immediate neighborhood and all patrons of the SARTIC. F. The City lacks funds to pay for the replacement and installation of the modernization improvements needed by the SARTIC air conditioning system at this time, and there are no other reasonable means of financing said improvements. G. Replacement of the air conditioning system at the publicly owned transportation facility will assist in the elimination of one or more blighting conditions in that the new and improved air conditioning system will replace the antiquated system and provide the City with a more energy efficient unit. Section 2. In accordance with California Environmental Quality Act, the proposed project is exempt from further review pursuant to section 15301(d), which allows the replacement of deteriorated or damaged mechanical equipment for higher efficiency and safe operation. Categorical Exemption Environmental Review No. 07-124 will be filed for this project. Section 3. The City Council hereby consents to the payment by the Agency of up to $130,000.00 in Agency funds from the Merged Project Area for this publicly owned improvement, in accordance with that certain Cooperative Agreement to be executed between the Agency and the City. Section 4. The City Manager is hereby authorized to take all steps, and to sign all documents and instruments necessary to implement and carry out the Resolution on behalf of the City. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. 80A-5 ADOPTED this day of , 2007. 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: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana $~Q-s REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: AUGUST 20, 2007 TITLE: CONSULTING SERVICES AGREEMENT WITH TASSA CONSULTING GROUP, LLC AND COOPERATIVE AGREEMENT ~ ~ ~ . ~l CITY MANAGER E CECUTIV IRECTOR RECOMMENDED ACTION CITY COUNCIL CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Tassa Consulting Group, LLC, to assist with the completion of an application to the State of California for a new fifteen-year Enterprise Zone designation in the amount not to exceed $72,000. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a Cooperative Agreement with the Community Redevelopment Agency of the City of Santa Ana (Agency) to use an amount not to exceed $72,000 of Agency funds for the completion of an application to the State of California for a new fifteen-year Enterprise Zone designation. COMMUNITY REDEVELOPMENT AGENCY Direct the Agency General Counsel to prepare and authorize the Executive Director of the Community Redevelopment Agency and the Agency Secretary to execute a Cooperative Agreement with the City of Santa Ana to supply an amount not to exceed $72,000 for use in the completion of an application for a new fifteen-year Enterprise Zone designation. 80B-1 Consulting Services Agreement with Tassa Consulting Group, LLC and Cooperative Agreement August 20, 2007 Page 2 DISCUSSION The City of Santa Ana applied to the State of California and received a fifteen-year Enterprise Zone (EZ) designation in 1993. This designation is scheduled to expire on June 7, 2008. The Enterprise Zone program was created by the State of California Legislature for the purpose of stimulating the economy in areas deemed to be economically challenged. The program offers State Tax Incentives to businesses in the zone, helps communities retain companies, and attracts new companies to the area. As a result, new jobs are created and blight is reduced. Businesses in the Santa Ana Enterprise Zone have saved an estimated $350,000,000 since 1993. The program has also helped generate over 15,000 new jobs. A new fifteen-year EZ designation will allow the City of Santa Ana to continue its economic progress. Last year, twenty-four communities received fifteen-year Enterprise Zone designations and all used consultants to assist with the complex and labor intensive application process. This year only eight Enterprise Zone slots are available. Due to intense competition for these slots, the need to have a successful and well-qualified consultant to assist with the Santa Ana application is extremely important. A Request for Proposals was distributed to ten consultant firms. In response to the Request for Proposals, staff received proposals from three qualified firms: Tassa Consulting Group, LLC, The Planning Institute, Inc., and Jack Faucett Associates. A City staff committee reviewed, ranked, and rated the proposals and determined that Tassa Consulting Group, LLC was the most qualified and experienced consultant. Tassa will assist with all aspects of the completion of the proposal including, but not limited to: compiling requisite information, data, and studies; preparing tables and maps; drafting and editing various narrative sections; and attending meetings and public hearings as requested. 80B-2 Consulting Services Agreement with Tassa Consulting Group, LLC and Cooperative Agreement August 20, 2007 Page 3 FISCAL IMPACT Funds are available in the Merged Economic Development Account (account no. 570-932-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ (~/r~II,QN ~nda A. Summers Economic Development Manager Community Development Agency SGH/LS/RW/mlr ~~'ranc1sCO GutiG~~ Executive Director Finance and Management Services Agency N.: \ACTSON ITEMS \COUNCIL\2007 CC\JT CC-CRA ConsultingSrvsAgreeTassa 8-20-07.doc 80B-3 80B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: PUBLIC HEARING-RESOLUTIONS APPROVING FINANCING AGREEMENTS AND AUTHORIZING VALIDATION ACTION FOR LOCAL STREET FINANCING PLAN CITY MANAGER RECOMMENDED ACTION City Council Action CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s` Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the execution of Agreement (between the City of Santa Ana and Authority), the Trust Agreement (between the Authority and the Bank of New York), and comment validation action to authorize pledge of Gas Tax local street improvements. Santa Ana Financing Authority the Installment Sales Santa Ana Financing Santa Ana Financing cement of the judicial Revenue for financing Adopt a resolution authorizing the execution of the Installment Sales Agreement (between the City of Santa Ana and Santa Ana Financing Authority), the Trust Agreement (between the Santa Ana Financing Authority and the Bank of New York). DISCUSSION The Public Works Agency has completed an inventory of all the City's streets that includes their general lifespan condition. Based on staff's assessment, an immediate infusion of funds to rebuild the City's neighborhood streets would advance the City's position to address all neighborhood streets and implement a long-term preventive maintenance program. Based on this strategy, it is recommended that over the next five years, $100 million be invested toward rebuilding and repairing City streets. To achieve this initiative, bonds or other financing mechanisms in the amount of $60 million dollars would be needed to complete the $100 million investment. Neighborhood street improvements will include slurry 80C-1 Street Improvement Financing August 20, 2007 Page 2 seal, grind and overlay, reconstruction, and critical concrete repair of sidewalk, curb and gutter. In order to explore financing alternatives and capacity, a financial team consisting of a financial advisor (Fieldman, Rolapp & Associates), an underwriter (De La Rosa & Co.), bond counsel (Orrick, Herrington & Sutcliffe), and disclosure counsel (Quint & Thimmig) was retained. Upon evaluation the team is recommending the use of an installment-sale Certificates of Participation (COP) financing structure that utilizes Gas Tax Revenue as the pledge to repay the certificates. The use of this innovative financing structure has several advantages. First, it utilizes an existing, stable revenue source already designated for the design, construction, maintenance, and operation of public streets and highways. Second, it does not require the pledge of any General Fund monies as collateral for debt payments. The COP installment sale also allows debt service capacity to exceed the 25g limit allowed through a straight bond structure as authorized under the California Streets and Highways Code. Lastly, the financing structure is exempt from the State's constitutional debt limit thereby preserving the City's ability to capitalize on existing bond capacity should it be necessary in the future. To implement the financing structure, the recommended action before the City Council is to conduct a public hearing and then the City Council and the Financing Authority adopt resolutions approving several actions. The City Council resolution approves an Installment Sales Agreement between the City of Santa Ana and the Santa Ana Financing Authority. The agreement would permit the purchase of the street improvements from the Santa Ana Financing Authority who would then assign the improvements back to the City for completion. In addition, a Trust Agreement would be established that would reassign all debt payments to the Bank of New York as the trustee. Finally, the resolution would authorize the City Attorney and Bond Counsel to initiate a validation action in Orange County Superior Court authorizing the use of Gas Tax revenues as a special fund and pledge under the Installment Sales Agreement. The Financing Authority resolution approves the Installment Sales Agreement and the Trust Agreement. Upon completion of these actions, the final bonding package and documents will be presented to Council and Authority Board for consideration and approval. 80C-2 Street Improvement Financing August 20, 2007 Page 3 FISCAL IMPACT Approval of the Resolutions and related agreements authorizes staff to prepare certain financing documents and take other actions relating to local street improvements totaling $60 million dollars. A total cap including issuance costs is not to exceed $70 million and 6$ per annum. k° APPROVED AS TO FUNDS AND ACCOUNTS: ~j Francisco Gutierrez Executive Director Finance & Management Services Agency 80C-3 Public Works Agency JWF 8/13/07 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE EXECUTION AND DELIVERY OF CITY OF SANTA ANA (COUNTY OF ORANGE, CALIFORNIA) CERTIFICATES OF PARTICIPATION (2007 GAS TAX SECURED LOCAL STREET IMPROVEMENT PROJECT) PURSUANT TO A TRUST AGREEMENT, AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT SALE AGREEMENT AND THE FILING OF A VALIDATION ACTION, AND OTHER MATTERS RELATING THERETO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Santa Ana Financing Authority (the "Authority") is empowered to assist the City of Santa Ana (the "City") in financing certain public capital improvements pursuant to Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California and pursuant to that certain Joint Exercise of Powers Agreement by and between the City of Santa Ana and the Community Redevelopment Agency of the City of Santa Ana, dated August 1, 1993; B. The City has determined to enter into a 2007 Installment Sale Agreement with the Authority, in the form presented to this meeting (with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the "Installment Sale Agreement") in order to apply certain motor vehicle fuel tax revenues received by the City to acquire certain public capital improvements consisting of street resurfacing and related improvements (as more fully described in the Installment Sale Agreement) for the benefit of the City in accordance with Article XIX, Section 1 of the California Constitution (collectively, the "Street Improvement Project"); C. In order to provide for the delivery of the City of Santa Ana (County of Orange, California) Certificates of Participation (2007 Gas Tax Secured Local Street Improvement Project) (the "Certificates") and to establish and declare the terms and conditions upon which the Certificates are to be executed and delivered and secured, the Authority proposes to enter into a Trust Agreement with The Bank of New York Trust Company, N.A. (such Trust Agreement, in the form presented to this meeting, with such Resolution No. 2007-XXX Page 1 of 4 80C-4 changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the "Trust Agreement"); D. The City may determine that securing the timely payment of the principal and interest evidenced by the Certificates by obtaining a bond insurance policy with respect thereto could be economically advantageous to the City; E. The City is a member of the Authority and the Street Improvement Project is to be located within the boundaries of the City; E. The City hereby finds that the financing of such public capital improvements within the City will result in significant public benefits in the form of demonstrable savings in effective interest rates, and the more efficient delivery of City services such as the Street Improvement Project; F. On this date, the City held a public hearing on the financing of such public capital improvements within the City in accordance with Section 6586.5 of the Act, which hearing was held at 22 Civic Center Plaza, Santa Ana, California; G. In accordance with Section 6586.5 of the Act, notice of such hearing was published once at least five days prior to the hearing in a newspaper of general circulation in the City of Santa Ana; and H. All acts, conditions and things required by the laws of the State of California and the City Charter of the City to exist, to have happened and to have been performed precedent to and in connection with the consummation of such financing authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the City is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such financing for the purpose, in the manner and upon the terms herein provided. Section 2. The foregoing recitals herein contained are true and correct and the City Council so finds. Section 3. The Street Improvement Project is hereby approved. The Director of Public Works is hereby authorized to implement the Street Improvement Project in accordance with the provisions of the Installment Sale Agreement and this Resolution. Section 4. The form of the Installment Sale Agreement, on file with the Clerk of the Council, is hereby approved, and the City Manager, the City Attorney, the Clerk of the Council, the City Treasurer and the Executive Director of Finance and Management Services of the City (the "Authorized Officers"), are each hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Installment Sale Agreement in substantially said form, with such changes, insertions Resolution No. 2007-XXX Page 2 of 4 80C-5 and omissions therein as the Authorized Officer executing the same and the City Attorney may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof; provided, however, that the aggregate amount of the principal components of the installment payments shall not exceed $70,000,000 and the true interest cost applicable to the interest components of the installment payments shall not exceed 6.00% per annum. Section 5. The form of Trust Agreement, on file with the Clerk of the Council, with such changes, insertions and omissions therein as may be approved by an Authorized Officer and the City Attorney, is hereby approved. The execution and delivery of the Certificates, on the terms and conditions set forth in, and subject to the limitations specified in, the Trust Agreement, is hereby authorized and approved. The Certificates shall be dated, shall bear interest at the rates, shall mature on the dates, shall be subject to call and redemption, shall be issued in the form and shall be as otherwise provided in the Trust Agreement, as the same shall be completed; provided, however, that the aggregate amount of the Certificates shall not exceed $70,000,000, the final maturity date of the Certificates shall be no later than January 1, 2040 and the true interest cost applicable to the Certificates shall not exceed 6.00% per annum and, provided, further, that such changes, insertions and omissions shall be consistent with the terms of the Certificates as finally executed. Section 6. The execution and delivery of the Certificates, on the terms and conditions set forth in, and subject to the limitations specified in, the Trust Agreement, is hereby authorized and approved. The Certificates shall be dated, shall bear interest at the rates, shall mature on the dates, shall be subject to call and redemption, shall be issued in the form and shall be as otherwise provided in the Trust Agreement, as the same shall be completed as provided in this Resolution. Section 7. The Authorized Officers are each hereby authorized and directed to apply for municipal bond insurance for the Certificates and to obtain such insurance if the present value cost of such insurance is less than the present value of the estimated interest savings with respect to the Certificates. The Authorized Officers are each hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver a contract for such insurance if such contract is deemed by the Authorized Officer executing the same to be in the best interests of the City, such determination to be conclusively evidenced by such Authorized Officer's execution and delivery of such contract. Section 8. The Authorized Officers are, and each of them is, authorized and directed, for and in the name of the City, to bring a validation action under Section 860 of the California Code of Civil Procedure to determine the legality and validity of the Installment Sale Agreement, the Trust Agreement, the Certificates and the other documents and proceedings authorized pursuant to this Resolution. Section 9. The Authorized Officers and other officers, employees and agents of the City are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable in order to consummate the transactions herein authorized and otherwise to carry out, give effect to and comply with Resolution No. 2007-XXX Page 3 of 4 80C-6 the terms and intent of this Resolution. Section 10. All actions heretofore taken by the various officers, employees and agents of the City with respect to the transactions set forth above are hereby approved, confirmed and ratified. Section 11. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Joseph W. Fletcher, City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- be the original resolution adopted by the City Council of the City of Santa Ana on August 20, 2007. Date: Resolution No. 2007-XXX Page 4 of 4 C:ierk of the Council City of Santa Ana 80C-7 80C-8 REQUEST FOR COUNCIL/ INDUSTRIAL DEVELOPMENT AUTHORITY ACTION IDA MEETING DATE: SECRETARY USE ONLY: AUGUST 20, 2007 TITLE: PUBLIC HEARING - BOND ALLOCATION FOR INGARDIA BROS. PRODUCE, INC. APPROVED As recommended .:; As recommended S As Amended Implementation Resolution G Set Public Hearing For_ ~~ CITY MANAGER EXECUTIVE DI ECTOR EUTIVE DI ECTOR RECOMMENDED ACTION CITY COUNCIL CONTINUED TO FILE NUMBER Adopt a resolution approving the Industrial Development Authority of the City of Santa Ana entering into a loan in a principal amount not to exceed $2.5 million of the Santa Ana Empowerment Zone allocation for Private Activity Bonds to Ingardia Bros. Produce, Inc. to finance the acquisition and installation of equipment for a new facility within the Federal Empowerment Zone. INDUSTRIAL DEVELOPMENT AUTHORITY Adopt a resolution authorizing entering into a loan agreement pursuant to which the Authority will borrow and lend to borrower not to exceed $2.5 million of the Santa Ana Empowerment Zone allocation for Private Activity Bonds to Ingardia Bros. Produce, Inc. to finance the acquisition and installation of equipment for a new facility within the Federal Empowerment Zone. SANTA ANA EMPOWERMENT CORPORATION BOARD ACTION At its meeting of July 25, 2007, by a vote of 10:0 (Absent: Bacigalupo, Cong, Fogarty, Garcia, E. Martinez, Metzler, Ream, Reyna, Russo, Sidler), the Santa Ana Empowerment Corporation Board made the following recommendations: 1. Recommended that the City Council adopt a resolution approving the Industrial Development Authority of the City of Santa Ana entering into a 80D-1 Public Hearing - Bond Allocation for Ingardia Bros. Produce, Inc. August 20, 2007 Page 2 loan and/or issue a bond in a principal amount not to exceed $2,500,000 in Private Activity Bonds and lend the proceeds of such loan or bond to Ingardia Bros. Produce, Inc. for the acquisition of equipment for installation and use in their new Santa Ana facility. 2. Recommended that the Industrial Development Authority adopt a resolution authorizing entering into a loan agreement pursuant to which the Authority will borrow pursuant to the loan agreement and lend to Ingardia Bros. Produce, Inc. an amount not to exceed $2,500,000 in Private Activity Bonds and lend the proceeds of such loan to Ingardia Bros Produce, Inc. for the acquisition of equipment for installation and use in their new Santa Ana facility. DISCUSSION One of the incentives available in the Santa Ana Empowerment Zone is an allocation of $130 million of private activity bond volume cap for the issuance of Industrial Development Bonds (IDBs) to qualified businesses. The Industrial Development Authority has received an application from Ingardia Bros. Produce, Inc. requesting issuance of an IDB to finance the acquisition and installation of equipment for their new distribution facility located at 700 South Hathaway which is located within the Santa Ana Federal Empowerment Zone. As a condition of financing, thirty-five percent of Ingardia Bros. Produce, Inc. workforce must be Empowerment Zone residents. Ingardia Bros. Produce, Inc. is a wholesale distributor of produce, seafood, dairy, and groceries offering daily delivery service to more than 1,400 restaurants, schools, hospitals, caterers, and other food service operations in the southern California region. Ingardia Bros. has purchased 1.16 acres at 700 South Hathaway to construct a new 62,423 square foot distribution facility to augment its current 23,000 square foot facility in Costa Mesa. They are looking to complete construction and relocation of their operations by November 2007. Ingardia Bros. will use the bond proceeds to finance the purchase of walk-in coolers, racking, fork lifts, dock leveling equipment, ice makers and other equipment necessary for their operations. The company recently celebrated their 34th anniversary and currently employs 150 employees. In addition to receiving approval by the Industrial Development Authority, the Tax Equity and Fiscal Responsibility Act (TEFRA) imposes public hearing requirements for tax-exempt bonds. Before bonds can be sold, the legislative body within the jurisdiction where the project is located must hold a public hearing at which time the public may discuss the project and the issuance of the bonds. Notice of the public hearing was published in 80D-2 Public Hearing - tor Ingardia Bros August 20, 2007 Page 3 Bond Allocation . Produce, Inc. the Orange County Register on August 3, 2007. Bonds issued by the Industrial Development Authority are not an obligation of the Authority or the City. The law firm of Stradling, Yocca, Carlson and Rauth has been retained as bond counsel and CSG Advisors has been retained as financial advisor. FISCAL IMPACT The action would reduce the remaining $108,300,000 of Empowerment Zone bond allocation by $2.5 million. •Jb Ste en G. Ha ding Executive Director Industrial Development Authority SGH/LS/DS/mlr H: \ACTION ITEMS\IDA\2007 IDA\JT PH CC-IDA BondAllocforIngardiaBros B-20-07wLCPedi ts.doc 80D-3 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF SANTA ANA ENTERING INTO A LOAN IN A PRINCIPAL AMOUNT NOT TO EXCEED $2,500,000 AND LENDING THE PROCEEDS OF SUCH LOAN TO INGARDIA BROS. PRODUCE, INC., AND ALLOCATING AN AMOUNT NOT TO EXCEED $2,500,000 OF THE SANTA ANA EMPOWERMENT ZONE CEILING FOR PRIVATE ACTIVITY BONDS FOR THE BENEFIT OF THE PROJECT TO BE FINANCED PURSUANT TO SUCH LOAN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares as follows: A. Pursuant to the Taxpayer's Relief Act of 1997 (the "Taxpayer's Relief Act"), the federal government has designated a portion of the City of Santa Ana (the "City") as an empowerment zone (the "Santa Ana Empowerment Zone"). B. Pursuant to the Taxpayer's Relief Act, among the tax incentives conferred on the City is the ability to issue up to $130 million in tax-exempt empowerment zone facility bonds (the "Empowerment Zone Ceiling") to make a Loan to qualifying business borrowers to finance the cost of certain commercial, retail, industrial or other facilities qualifying as "empowerment zone facilities" as that term is defined in Section 1394 of the Internal Revenue Code of 1986, as amended (the "Code"). C. As of the date of this Resolution, the City has utilized only Twenty-One Million Seven Hundred Thousand Dollars ($21,700,000) of the City's Empowerment Zone Ceiling, not counting other actions taking place this same date. D. The Industrial Development Authority of the City of Santa Ana (the "Authority") has accepted an application (the "Application") from Ingardia Bros. Produce, Inc., or a related entity, as applicable (the "Applicant"), requesting the Authority to issue its revenue bond and enter into a loan agreement pursuant to the California Industrial Development Financing Act, being Title 10 of the California Government Code, as supplemented and amended (the "Act"), to finance the acquisition of and equipping of certain facilities comprising equipment (the "Project") to be owned and operated by the Applicant, or a related entity and to be located at the Applicant's facility at 700 South Hathaway in the City of Santa Ana; and E. The Applicant has represented in the Application certain facts and information concerning the Project and the Applicant, including but not limited to the requirement that, after a two year start up period, 35% of the Applicant's employees shall be residents of the Santa Ana Empowerment Zone. F. The City Council in evaluating the Project has relied upon the written facts and information represented in the Application by the Applicant as well as any comments made before the City Council in conjunction with the hearing on this matter. DOCSOC/ 1233208v 1 /200039-0001 80D-4 G. The Board of Directors of the Authority in its resolutions adopted on July 16, 2007, and August 20, 2007 expressed its intent to issue its revenue bond or other obligation (the "Bond") for the benefit of the Applicant ,and the Applicant has revised its application to make a technical correction to its legal name and to increase the principal amount of financing requested to a revised principal amount not to exceed $2,500,000. H. The Authority has made the determinations required to be made pursuant to Section 91530 of the Act preliminary to issuing the Bond. I. The Authority approved and authorized the Bond, subject to certain conditions, on August 20, 2007. The Authority proposes to lend the proceeds ofthe Bond to the Applicant. K. This City Council of the City of Santa Ana (the "City Council") has considered the information contained in the Applicant's application and has considered the determinations of the Authority. L. The Bond must be approved by the City Council to satisfy the public approval requirements of Section 147(f) of the Code and Section 91530(f) of the Act. M. It is intended that this Resolution shall constitute the approval of the Project and the Bond as required by Section 147(f) of the Code and Section 91530(f) of the Act. N. The City Council is the elected legislative body of the City and is one of the applicable elected representatives required to approve the execution and delivery of the Bond under Section 147(f) of the Code. O. The Authority has requested that the City Council approve the execution and delivery of the Bond by the Authority to satisfy the public approval requirement of Section 147(f) of the Code. P. Pursuant to Section 147(fj of the Code, prior to their execution and delivery, private activity bonds are required to be approved by the "applicable elected representative" of the governmental units on whose behalf such obligations are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such obligations is to be located, after a public hearing held following reasonable public notice. Q. There has been published, at least 14 days prior to the date thereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Bond and the loan of the proceeds to the Applicant would be held on August 20, 2007. R. Such public hearing was conducted on said date by the City, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bond. S. The Board of Directors of the Santa Ana Empowerment Corporation, at its regular meeting of July 25, 2007, unanimously recommended approval of this action by the City of Santa Ana and the Industrial Development Authority of the City of Santa Ana. DOC SOC/ 1233 208v l /200039-0001 80D-5 Section 2. The City Council hereby finds and determines that the Project will provide significant public benefits to residents of the Santa Ana Empowerment Zone. Section 3. The City Council hereby approves the Project and approves the Authority issuing the Bond to GE Government Finance, Inc. in an amount not to exceed $2,500,000 pursuant to a loan agreement (the "Bond") by and among the Authority, the Applicant and GE Government Finance, Inc. to finance on atax-exempt basis the costs of the Project, which Bond and interest thereon shall be paid from revenues received by the Authority from the Applicant pursuant to the Loan Agreement. This resolution shall constitute both "host" and "issuer" approval of the Bond within the meaning of Section 147(f) of the Code and approval of the Bond for purposes of Section 91530(f) of the Act. Section 4. The Authority is hereby designated as an issuer in an amount of the Empowerment Zone Ceiling equal to $2,500,000 for the benefit of the Applicant (the "Allocation"). Such Allocation may only be used by the Authority for the Project, as specifically described herein and represented in the Application. The Authority is not authorized to transfer the Allocation set forth herein to any other governmental unit in the State except the City. Section 5 Al] actions heretofore taken by the officers, employees and agents of the City with respect to the approval of the Bond are hereby approved and ratified, and the officers and employees of the City and their authorized deputies and agents are hereby authorized and directed, jointly and severally, to do any and all things to execute and deliver any and all certificates and documents which they, bond counsel and the Authority Attorney and the City may deem necessary or advisable to consummate the issuance of the Bond and the loan of the proceeds to the Applicant and otherwise effectuate the purposes ofthis Resolution. Section 6. Neither the faith and credit nor the taxing power of the State, the City, the Authority or any political subdivision of the State, is pledged to the payment of the principal of, premium, if any, or interest on the Bond, nor is the State or any political subdivision of the State, in any manner obligated to make any appropriation for such payment. The Authority has no taxing power. Section 7. This Resolution shall take effect from and after its adoption. ADOPTED this 20th day of August 2007. Miguel A. Pulido Mayor 3 DOCSOC/1233208v 1 /200039-0001 80D-6 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ay: Lorena C Penaloza Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-_ to be the original resolution adopted by the City Council of the City of Santa Ana on August 20, 2007 Date: DOC SOC/ 1233208v 1 /200039-0001 Clerk ofthe Council City of Santa Ana 4 80D-7 80D-8