Loading...
HomeMy WebLinkAbout FULL PACKET_2008-12-01JW F 11 /03/08 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CENTRAL CITY, INTER-CITY AND BRISTOL REDEVELOPMENT PLANS OF THE CITY OF SANTA ANA TO ELIMINATE THE TIME LIMIT IN EACH PLAN FOR THE INCURRENCE OF DEBT. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. California Health & Safety Code Section 33333.6(a) & (b), part of the Community Redevelopment Law, was amended by Assembly Bill 1290 in 1993 to impose time limits on incurring debt, receipt of tax increment and effectiveness of the plan. The outside time limit for incurring debt under AB 1290 for plans adopted prior to 1994 was the later of 20 years after plan adoption or January 1, 2004. B. Senate Bill 211 (effective January 2002) permits the amendment of a pre-1994 plan to completely delete the debt incurrence deadline, with the result that an agency can incur debt under such a plan up to the deadline for the effectiveness of the plan. C. The City of Santa Ana wishes to utilize the procedure set forth in California Health and Safety Code section 33333.6(e)(2)(B) to eliminate the date that debt can be incurred in three of its six redevelopment plans so that the Redevelopment Agency can incur new debt until the end of the active life of the each of these three project areas so that the Agency can continue to meet its long term goals and objectives. D. The City of Santa Ana is cognizant that under Health and Safety Code section 33607.7, by adopting this ordinance amending the redevelopment plans in order to eliminate the debt incurrence time limit, the Redevelopment Agency will be required to pay the statutory pass-through payments to each affected taxing entity with which the Agency does not already have apre-1994 pass-through agreement. E. The Community Redevelopment Agency of the City of Santa Ana (the "Agency") is considering issuing approximately $88,000,000 in tax allocation bonds in early 2009 to restructure existing debt of the 11 A-1 Agency as well as to generate additional bonds proceeds for Agency activities (the "2009 Tax Allocation Bonds"). Elimination of the debt incurrence time limit for these redevelopment plans is necessary for the structuring of the 2009 Tax Allocation Bonds. SECTION 2: As used in this Ordinance, the following definitions shall apply: Agency shall mean the Community Redevelopment Agency of the City of Santa Ana. Community Redevelopment Law shall mean Part 1 (commencing with Section 33000) of Division 24 of the California Health & Safety Code, as amended from time to time. Central City Plan shall mean the City of Santa Ana Redevelopment Plan originally adopted by Ordinance No. NS-1173 on or about July 2, 1973, as amended. Inter City Plan shall mean the Inter City Commuter Station Redevelopment Plan originally adopted by Ordinance No. NS-1636 on or about July 6, 1982, as amended. Bristol Plan shall mean the Bristol Corridor Redevelopment Plan originally adopted by Ordinance No. NS-2039on or about December 4, 1989, as amended. Tax increment shall mean property tax revenues allocated to the Agency pursuant to Section 333670 of the Community Redevelopment Law. Time limit on incurring indebtedness, Time limit on plan effectiveness, Time limit on receipt of tax increment shall have those meanings as described in subdivisions (a), (b) and (c), respectively, of Section 33333.6 of the Community Redevelopment Law, subject to all exceptions specified in the Community Redevelopment Law. SECTION 3: The Central City, Inter City and Bristol Redevelopment Plans of the City of Santa Ana are hereby amended to repeal the existing debt incurrence time limit so that the Agency can incur debt for these respective project areas up to the redevelopment plan effectiveness dates, as set forth below. 2 11 A-2 Redevelopment Plan Time Limit On Incurring Indebtedness revised Time Limit On Plan Effectiveness unchan ed Time Limit On Receipt of Tax Increment (unchan ed Central Cit Plan Jul 2, 2016 Jul 2, 2016 Jul 2, 2026 Inter Cit Plan Jul 6, 2025 Jul 6, 2025 Jul 6, 2035 Bristol Plan Dec 4, 2030 Dec 4, 2030 Dec 4, 2040 SECTION 4: If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. SECTION 5: This ordinance shall become effective upon the issuance and sale of the 2009 Tax Allocation Bonds. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 2008. Miguel A. Pulido Mayor 3 11 A-3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- 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 4 11 A-4 CITY COUNCIL COMMITTEE ON DEVELOPMENT Meeting Minutes February 7, 2008 CALL TO ORDER The meeting was called to order at 12:15 p.m. Meeting relocated from Conference Room 831 to 229 in 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 Rttorney; Karen Haluza, Planning Manager; Shelly Landry-Bayle, Housing Division Manager; and Itzia Heredia, Senior Office Assistant. AGENDA ITEM$ 1. APPROVAL OF MINUTES -DECEMBER 6, 2007 MEETING Approved by a vote of 3:0. (Taken out of agenda order) 4. DISCUSSION OF SANTA ANA RENAISSANCE SPECIFIC PLAN ZONING IN INDUSTRIAL AREAS Prior to any discussion about the Renaissance Specific Plan, Councilmember Sarmiento excused himself from the room. Mr. Ream and Mayor Pulido discussed the importance of the community's input into the creation of the Renaissance Specific Plan. Mayor Pulido discussed the possibility of creating an overlay zone for the industrial properties. Representatives of the industrial property owners within the plan study area expressed their support for an overlay zone for the industrial properties. 5. COUNTY OF ORANGE PRESENTATION ON POSSIBLE ACQUISITION OF YMCA A joint effort between the County of Orange Archives and Taller San Jose was proposed to rehabilitate the existing YMCA building located on Broadway & Civic Center to house the Orange County Archives, and the St. Josephs Workshop meeting/training rooms. Jack D. Angelo, CT Realty and proposed project developer, 13A-1 discussed his proposal to rehabilitate the building ensuring its historic integrity and minimizing the need for public financing. Mayor Pulido thanked them for this proposal and committed to reviewing it further. 3. INCENTIVES TO ENCOURAGE THE USE OF SOLAR TECHNOLOGIES Councilmember Sarmiento proposed a two-year pilot program that would encompass waiving permit and inspection fees for those wishing to install solar technologies at their homes or businesses. This two-year pilot program would be the first step towards Santa Ana becoming a more sustainable City. The Committee voted to bring this item before the City Council for formal action. 2. DISCUSSION OF PROPOSED HOUSING PROJECT FOR THE DISABLED AT GARDEN GROVE BOULEVARD AND THE CITY DRIVE Deborah Will, representing the non-profit development company proposing to construct the project, presented a proposal to the committee that included 41 units of special needs, affordable housing for the property located at 1600 Garden Grove Boulevard. The Committee expressed concern about the proposed location of this project on the City's property adjacent to the Santa Ana River due to the potential for loss of a site that could be developed as an open space amenity adjacent to the bike trail. The developer committed to exploring alternative designs that could create a public rest stop for use by those on the trail in conjunction with the project. 6. PUBLIC COMMENTS ON NON-AGENDA ITEMS Bud Warrick presented the committee with economic development information developed by Warrick & Associates. 7. COMMITTEE MEMBER COMMENTS -None 8. ITEMS FOR NEXT MEETING -None ADJOURNMENT -1:25 P.M. Karen Haluza Planning Manager Planning & Building Agency KH:IH:rb A:Countil CamilDevel 1:C.1Devel CC Minutes 02-07-08 Development Counal Committee Minutes 1~A-„ February 7, 2008 MEMORANDUM City Council Meeting Date: December l , 2008 Cathy Standiford To: Assistant City Manager ~ Date: November 21, 2008 James G. Ross, Executive Director From: Public Works Agency Subject: Notification that City Engineer is Reviewing Final Tract Map No. 17259 for Approval Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Tract Map No. 17259 (City Parcel Map No. 2008-01), for 2020 - 2024 North Broadway (Exhibit I), from the owner, Core Santa Ana, LLC, a California Limited Liability Company, and is in the process of reviewing the map for final approval. The Tentative Parcel Map No. 2008-01 was approved by the City Council on April 7, 2008. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of December 1, 2008. /cc: Mayor and City Council 1 I (a-~-f~ ~~ City Manager Deputy City Manager for Development Services Clerk of the Council T:\Development ServiceslSubdivision\Mertas\FinalTractMap17259ReviewNOtice_11_21_08_AC.doc 17A-1 17A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS ~ ~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1gt Reading ^ Ordinance on 2"~ Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C-1 ~. ~ ! ~ ,; c -> ,; MEMORANDUM To: Laura Speedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to tpe City Manager Date: November 18, 2008 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 City Council Resolution 2006-045. Thank you. 19C-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2008 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence December 1, 2006 and prior Correspondence/ December 1, Chronological Files Councilmember Self-explanatory 2006 and prior Council Requests Mayor Inquiries processed for Mayor December 1, 2006 and prior Wards 1 through 6 Inquiries processed for Councilmembers December 1, 2006 and prior Correspondence General Correspondence Self-explanatory December 1, 2006 and prior Staff Inquiries processed for Staff December 1, 2006 and prior Monthly Status City Manager Self-explanatory December 1, Reports 2006 and prior Payroll Records Council/Staff Self-explanatory December 1, 2006 and prior APPROVE: David IV. Ream --7 Date City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds CONSENT: ~\ is r ~ ~tCC ~ l ~ .: <;c'F ~~t oseph W. Fler Date City Attorney AUDITED BY: Mark Lawrence Date Assistant to the City Manager 19C-3 MEMORANDUM To: City Attorney From: Rob Richard~!`'"~ Executive Director, Library Services Date: November 5, 2008 Subject: REQUEST FOR DESTRUCTION OF RECORDS The Library requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in the City Council Resolution 2006-045. Record Category Record Series Record Description Record Date Agreements Americorps Civic Center Barrio 1997 Payroll Documentation Leave of Absence Authorizing Absence Forms 2005 and prior Time Exception Labor expenditure charges to Payroll Documentation Sheets applicable Fund/Activity other 2004 and prior than home account Form completed by employee Personnel Notice of Separation and/or department indicating 1985 and prior effective Purchasing Direct Payment Generated payment to City Documentation Voucher (DPV) vendor/creditor; used in lieu of 1997and prior PO when item and vender known Purchasing Documentation purchase Orders Forms generated from Purchase Requisitions 1999 and prior ,.~` ~ Appr e: David N. Ream Date City Manager Records Destroyed: ~~ Boxes Consent: -~ ~ ' ~ ' ~ ~ ' r ~- / 7-~ ~ ph W. Fletche Date ,ty Attorney 19C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: WORKFORCE INVESTMENT ACT MODIFICATION FOR FISCAL 2008-09 CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended PLAN ^ As Amended YEAR ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Approve the Santa Ana Workforce Investment Board Annual Plan Modification for Fiscal Year 2008-09 and authorize its submittal to the State of California Workforce Investment Board. WORKFORCE INVESMENT BOARD ACTION At its Regular Meeting of November 21, 2008, by a vote of 20:0 (Claudio, Figueroa, Gebre, Jimenez-Hami, Korthuis, Lacroix, Martinez, Metzler, and Wadhera absent), the Workforce Investment Board recommended that the City Council approve the Santa Ana Workforce Investment Board Annual Plan Modification for Fiscal Year 2008-09 and authorize its submittal to the State of California Workforce Investment Board. DISCUSSION The State Workforce Investment Board (WIB) requires each Local Workforce Investment Area (LWIA) to submit a modification of its local plan for their review and approval in order to receive funding for that fiscal year (Exhibit 1). This modification process is used to ensure plans meet any new State Board requirements, to document any substantial changes in the LWIA and to submit fund utilization and participant services plans for the new fiscal year. Workforce Investment Act (WIA) regulations require a thirty-day public comment period for all plan modifications to allow for input on the expected usage of these federal funds and prior to the plan modification being approved. The proposed plan modification document was mailed to all WIB members and other interested parties on October 22, 2008, and a notice was published in the O.C. Register announcing its availability to the public for a thirty day comment period on October 21, 2008. The Public Hearing was 19D-1 WIA Plan Modification for FY 2008-09 December 1, 2008 Page 2 held at the November 21, 2008 WIB meeting. No comments were received. The final document is due to the State Workforce Investment Board by December 31, 2008. With the exception of incorporating new funds only minor changes were required to the plan regarding local employment statistics and efforts towards implementation of SB293, which requires an increase of labor representative on the Workforce Investment Board. This plan modification is required for the city to be eligible to receive WIA funds for fiscal year 2008-09. Once the plan modification is submitted by the City of Santa Ana and approved by the State Board and the Governor, Santa Ana will be eligible to receive $1, 292, 620 in adult funds, $717,608 in dislocated worker funds, $1,338,849 in Youth funds and $228,120 in Rapid Response funds. FISCAL IMPACT There is no fiscal impact associated with this action. Cynth a J. Nelson Deputy City Manager for Development Services Community Development Agency CJN/LS/FJ/mlr 120108 WIAP1anMOdFY 08-09 19D-2 EXHIBIT 1 SANTA ANA WORKFORCE INVESTMENT ACT LOCAL PLAN MODIFICATION PROGRAM YEAR 2008-09 19D-3 ~ Employment ' ' Development ~1~ De artment P a e o a i o r n i a Workforce Investment Act Local Plan Modification Program Year 2008-09 Q' (Narrative Forms) 0 0 q~ Local Workforce Investment Area (LWIA): Name of LWIA SANTA ANA Submitted. on Contact Person FRAN L. JUTZI Contact Person's Phone Number 714 565-2621 September 2008 EDD is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Special requests for services, aids, and/or special formats need fo be made by calling (916) 654-8055 (Voice). TTY users, please call the California Relay Service at 719. FW IAB99-2A 1 of 18 Rev. 9/08 19D-4 Workforce Investment Act (WIA) Strategic Five-Year Local Plan TABLE OF CONTENTS Executive Summary ..................................................................................................3 I. Plan Development Process ................................................................................3 II. Local Vision and Goals .......................................................................................4 III. Labor Market Analysis ........................................................................................6 IV. Leadership ..........................................................................................................7 V. Local One-Stop Service Delivery System ...........................................................8 VI. Youth Activities .................................................................................................12 VII. Administrative Requirements ............................................................................14 VIII, Assurances .......................................................................................................15 IX. Program Administration Designee and Plan Signatures ...................................17 FW IAB99-2A 2 of 18 Rev. 9/08 19D-5 EXECUTIVE SUMMARY Enclose a brief summary, not more than two pages, of the five-year strategic local plan that gives a general overview of the proposed local workforce investment system. Include a description of how the system looks today, and how it will change over the five-year plan period. Include a discussion of the local board's economic and workforce investment goals and how the local system will support these goals. PLAN DEVELOPMENT PROCESS WIA gives states and local areas a unique opportunity to develop employment and training systems tailored specifically to state and local area needs. The local plan is only as effective as the partnership that implements it. The plan should represent a collaborative process among the Chief Elected Official and the local system partners. This collaboration will create a shared understanding of the local area's workforce investment needs, a shared vision of how the local workforce investment system can be designed to meet those needs, and agreement on the key strategies to achieve this vision. This collaborative planning at all stages should drive local system development, create strategies for improvement, and provide the opportunity for stakeholder and public participation, review and comment. In this section, describe the plan development process, including comments received during the public comment period that were incorporated within the plan. [WIA Section 118(x) and (c}(1 }] (Please note: we recognize that local areas are required to develop various related local plans and we encourage you, whenever feasible and appropriate, to use planning information that has already been developed. However, the data you use must be accurate and current.) A. What was the role of the Chief Elected Official in developing the plan? [WIA Section 118(x)] B. What local workforce investment board, transition board or existing body had oversight for the development of this local plan? If there was no such body, how wi11 you create a responsible entity? [WIA Section 117(d)(4)] FW IA899-2A 3 of 18 Rev. 9/08 19D-6 C. Describe the process used to provide an opportunity for public comment, including comment by the Chief Elected Official; the local workforce investment board and youth council; other local governing bodies; educators; vocational rehabilitation j agencies; service providers; community-based organizations; and migrant seasonal j farm worker representatives. Describe the process used to get input for the plan prior to submission. [W!A Section 118(c)(1 }and (b)(7)] I D. How were comments considered in developing the local WIA plan? [State Planning ~, Guidance I B., and WIA Section 112(b)(9}] E. Describe the method used to make copies of the local plan available through public hearings and through other means e.g., local news media and the Internet. [WIA Section 118(c)(2)] i F. What other organizations were involved in the development of the local plan? How were they involved? i II. LOCAL VISION AND GOALS The federal Planning Guidance and Instructions for Submission of the State's Strategic Five-Year Plan indicates that "a vision creates organizational alignment around a picture of a transformed future. It propels the organization toward achieving difficult but attainable strategic goals. Vision drives systematic improvements and produces outcomes. It is dynamic, not static." In this section, identify your broad strategic economic and workforce development goals (e.g., "All people who want to work can find jobs. There will be a growing number of business start-ups. Fewer people will rely on welfare assistance.") Include information on how the local plan is consistent with the State plan and describe how the local workforce investment system supports the shared vision in the attainment of your goals. In addition, describe your local strategies based on your local board's vision for business services and lifelon~_learning. A. What is your vision for your local workforce investment system, and how will your system appear at the end of the five-year period covered by this plan? [State Planning Guidance II A., and WIA Section 117(d)(1)] Some specific questions that may be considered are: 1. How will your local system integrate services over the next five years? [WIA Section 117(d)(1) and 118(x)] 2. What programs and funding streams will support service delivery through the One-Stop system? [WIA Section 121(b)(1)(B)] FW IAB99-2A 4 of 18 Rev. 9/08 19D-7 3. Typically, what information and services will be provided and how will customers access them? How will the goal of universal access be achieved? [Title 20 Code of Federal Regulations (Title 20 CFR) Part 652, et al., Interim Final Rule (I)(A), State Planning Guidance II.A. bullet 3] 4. How will Wagner-Peyser Act and unemployment insurance services be integrated into the local system? [WIA Section 121(b}(1)(B)(xii)] 5. How will the youth programs be enhanced to expand youth access to the resources and skills they need to succeed in the State's economy? [WIA Section 111(d)(2) and 112{a)] WIA Section 118 requires local plans to be consistent with the State Plan. In addition to California's Principles and Strategic Goals (WIAB99-2, Local Plan Instructions and Forms, page 3), please include strategies that reflect the Governor's four key priorities for California's public workforce system. The key priorities were not included in the lnitial/Supplemental Planning Narrative pages or the One-Year Extension for Program Year 2005-06. They were introduced in the Guidance for Local Plan Modifications for PY 2006-07, via Addendum, item A. They are now listed below as follows: The Governor's four key priorities for California's public workforce system: • Understanding and Meeting the Workforce Needs of Business and Industry in order to prepare Workers for 21st Century Jobs • Targeting Limited Resources to Areas Where They Can Have the Greatest Economic Impact • Collaborating to Improve California's Educational System At All Levels • Ensuring the Accountability of Public and Private Workforce Investments B. Describe how your local vision and workforce development strategy is consistent with the Governor's workforce development priorities. [WIA Section 118(x)] The California Workforce Investment Board (State Board) adopted vision statements regarding business services and lifelong learning that were not included in the WIA lnitial/Supplemental Planning Narrative pages or the One-Year Extension for Program Year 2005-06. They were introduced in Guidance for Local Plan Modifications for PY 2006-07, via Addendum, item B. They are now listed below as follows: The State Board vision statements: The One-Stop System, in collaboration with the economic development community, partners with California's business to provide best-in-class. local services to business to support job retention and growth. FWIAB99-2A 5 of 18 Rev. 9/OS 19D-8 The vision for lifelong learning, in the context of workforce development, is to enable current and future workers to continually acquire the knowledge, skills, and abilities required to be successful in the workplace. C. Provide a description of your local strategies, based upon your local board's vision for business services, to improve the services to employers, and include in your description [WIA Section 118(b)(10)]: 1. Your vision and strategic planning efforts for business services. 2. How you use industry partnerships and other employer contacts to validate employer needs. 3. What actions the local board has taken, or plans to take, to ensure that local business services are not redundant and coordinated with partner programs such as Wagner-Peyser and Economic Development Corporations. 4. How the local board measures the satisfaction of business services and how the data are used to improve services. D. Describe how the local board is addressing lifelong learning in the context of workforce development, through collaborative policy and planning. Specifically, describe how the local board will improve and promote access to lifelong learning in the next year. Include existing or planned efforts to leverage resources with local lifelong learning partners, including business and education. E. Identify organizations involved in the development of your local vision and goals. _- -- III. LABOR MARKET ANALYSIS The Planning Guidance and Instructions requests information on key trends expected to shape the economic environment during the next five years, including the implications of these trends in terms of overall employment opportunities by occupation; key occupations; the skills needed to attain local occupational opportunities; growth industries and industries expected to decline, customer demographics, and the sources of data used to gather this information. Where appropriate, identify any regional economic development needs and describe how the local area will be involved in them. In this section identify the needs of businesses, job training, and education seekers, economic development professionals, and training providers in your workforce investment area. Are these the same or different than those present in the previous service delivery area(s)? If different, how can the needs be better met by the new, local workforce investment system? To complete this section, answer the following questions. _ A. What are the workforce investment needs of businesses, job-seekers, and workers in the local area? [WIA Section 118(b){1)(A)] FW IAB99-2A 6 of 18 Rev. 9/08 19D-9 B. How will the needs of employers be determined in your area? [State Planning Guidance IV.B.6] C. What are the current and projected employment opportunities in the local area? [WIA Section 118(b)(1)(B)] The latest Orange County data (10/17/08 press release) provided by fhe Employmenf Development Department, Labor Market Information Division indicates that the unemployment rate for Santa Ana has grown fo 9.2 from 6.8 a year ago. In Orange County the unemployment rate has risen from 4.2 in August 2007 to 5.7 in September 2008. The one-stops are seeing larger numbers of clients who face fhe difficult challenge of competing with many highly skilled recently laid off workers for the small number of jobs available to them. It is anticipated that the competition for the traditional holiday season positions will be intense in 2008. Nonfarm employment increased by only 2,300 jobs during the past year. Government jobs were up but that was due to teachers returning to fhe classroom after the summer recess. Healthcare and social assistance jobs only grew by 400 jobs while leisure and hospitality had the largest decrease (2400 jobs) and construction was down 800 jobs. D. What job skills are necessary to obtain such employment opportunities? [WIA Section 11$(b)(1)(C)] IV. LEADERSHIP As stated in the Federal Register of April 15, 1999, "The Department [of Labor] believes that changing from the existing JTPA Private Industry Councils to local workforce investment boards is essential to the reforms of WIA [Interim Final Rule §661.305] . The Department [of Labor] strongly encourages all eligible areas to create new, fully functional local boards as early as possible, and is committed to providing assistance to facilitate such changes." In this section describe how authority will be exercised by the local workforce investment board. [WIA Section 117(b)(3) and (d)(1)] A. If an interim board was responsible for development of this plan, how will the plan and authority to oversee its implementation under WIA Section 117(d)(4) be transferred to the new local workforce investment board? B. What circumstances constitute a conflict of interest for a local board member, including voting on any matter regarding provision of service by that member or the entity that s/he represents, and any matter that would provide a financial benefit to that member? [V1/1A Section 117(8)(1)(2)] FWIAB99-2A 7 of 18 Rev. 9/08 190-10 C. How will the local board provide a leadership role in developing policy, implementing policy, and oversight for the local workforce investment system? [WIA Section 117(d)(4)] Include in this discussion a description of your local board composition and how it meets the membership criteria set forth in the California Unemployment Insurance Code (CUIC) Section 14202. The Santa Ana W1B anticipates receiving nominations from the Orange County Central Labor Council for two additional labor representatives in order to comply wifh S8293. This would bring us info compliance with 11 % labor representatives. The Santa Ana WIB currently has 21 privafe sector members and 14 public sector members. Adding new labor representatives will not alter the majority balance of privafe sector members which would be of 57% at fhat point. The Santa Ana WIB is a active board thaf meets 6 fimes a year to review workforce dafa and action items broughf forth by fhe various WIB committees. Collectively, the WIB committees meef approximately 30 times a year. D. How will the local board assure the local system contributes to the achievement of the State's strategic goals? [WIA Section 118(x)] E. How will the local board meet the requirement that neither the local board nor its staff provide training services without a written waiver from the Governor? [WIA Section 117 (f)(1)(A) and (B)] If the local board plans to provide training services, describe which service. if a waiver is to be sought, a request for Waiver of Training Prohibition must be submitted for each specific training program. i F. How will the local board assure that the public (including persons with disabilities) have access to board meetings and activities including local board membership, notification of meetings, and meeting minutes? [WIA Section 117(e)] V. LOCAL ONE-STOP SERVICE DELIVERY SYSTEM The cornerstone of the new workforce investment system is One-Stop service delivery, which makes available numerous training, education and employment programs through a single customer-focused, user-friendly service delivery system at the local level. The One-Stop system must include at least one comprehensive physical center in each local area that must provide core services and access to programs and services of the One- Stop partners. The system may also include a network of affiliated One-Stop sites and specialized centers that address specific needs. FW IAB99-2A 8 of 1 B Rev. 9/08 19D-11 In this section describe how services will be coordinated through the One-Stop service delivery system. Additional required elements were introduced in Guidance for Local Plan Modifications for PY 2006-07, via Addendum items C 1-4. These elements are now incorporated into Section V, Boxes C, F, M and R. Also, include as applicable in boxes A through S, any changes to the One-Stop delivery system as a result of the State's replacement of the statutory performance measures specified in WIA Section 136(b)(2} with the common performance measures defined in Training and Employment Guidance Letter (TEGL) 17-05. A. Describe the One-Stop delivery system in your focal area. [WIA Section 118(b) (2)] Include a list of the comprehensive One-Stop centers and the other service I points in your area. I'' Comprehensive One-Stop centers and the other service points in your area: ~ Santa Ana W/O/R/K Center B. f r selectin the One-Sto o erator s IA Section Describe the process used o g p p O [W 121(d}(2)(A)] including the appeals process available to entities that were not selected as the One-Stop operators. [Interim Final Rule § 667.600 (b)(1)) Also, include the local board's policy regarding its selection of One-Stop operator(s), I annual review of operations, and termination for cause. [CUIC Section 14206(d)] C. Are each of the required WIA partners included in your One-Stop delivery system? How have they contributed to your planning and implementation efforts? If any required partner is not involved, explain the reason. (WIA Section 117(a)(2)(A)] D. How will services provided by each of the One-Stop partners be coordinated and j made available in the local One-Stop system? [WIA Section 121(c)(2)] 1 E. What is your plan for delivery of core and intensive services? [WIA Section 117(f)(2)) Santa Ana is part of the Learning Lab pilot project. It began on July 7, 2008. The Integration Plan was submifted to the State in February 2008 and is included here by reference per WSD08-5 as no significant changes have been made however, j fhe Memorandum of Operation (MOO) between the Santa Ana WORK Center and the Employment Development Department is attached. It is anticipated fhat under this new arrangemenf, the Santa Ana one-stop system will reroll 6000 customers , FWIAB99-2A 9 of 18 Rev. 9/08 190-12 between July 9, 2008 and June 30, 2009. All customers will be registered with Ca1JO8S and enrolled info WIA core and intensive activities using the Job Training Automation (JTA) system. F. What is your plan for administering Individual Training Accounts (ITAs} as defined ~ in WIA Section 134(d)(4)(G), including any limitations you plan to impose on ITAs established in your area. If your local board is providing training services that are made as exceptions to the Individual Training Account process, describe the process you used to procure and justify these exceptions. This process must include a 30-day public comment period for interested providers. [Title 20 CFR Part 661.350(x)(5) and (10) and 663.430(x)] In addition, include the local board's policy addressing the amount and duration of ITAs based on market rate for local training programs. [CUIC Section 14206(h)] I Under the Learning Lab pilot project, the Santa Ana W/8 has determined funds are not limited and are therefore available to provide training to any customer determined in need of such (raining by the one-stop career coaches. PTAs will be open to all regardless of income. G. Describe how the WIA funds will be used to leverage other federal, State, local and private resources. How will these coordinated and leveraged resources lead to a more effective local system that expands the involvement of business, employers and individuals? [State Planning Guidance IV.B.3. and WIA Section 112(b)(10) and 121(c)(2){A)(ii)] Include a brief discussion if your local board has entered into an agreement with another area (including another local board that is a city or county within the same labor market) to pay or share the cost of educating, training, or ~ placing individuals participating in programs assisted under Title I of WIA, including provision of supportive services, provide copy of your approved agreement. [WIA Section 195(3)(8)] H. Describe how the local system will meet the needs of dislocated workers; displaced homemakers; low-income individuals such as migrant and seasonal farm workers; public assistance recipients; women; minorities; individuals training for non- e traditional employment; veterans; individuals with multiple barriers to employment; I older individuals; people with limited English speaking ability; and people with disabilities. [State Planning Guidance IV.B.S. and WIA Section 112(b)(17) and i Section 118(b)(4)] I. When allocated adult funds are limited, what criteria will you use to determine and ensure priority of service to recipients of public assistance and other low-income individuals for receiving intensive and training services? [WIA Section 134(d)(4}(E) and 118(b)(4)] J. How will the local system assure non-discrimination and equal opportunity, as well FW IAB99-2A ~ 0 of 18 Rev. 9/08 19D-13 as compliance with the Americans with Disabilities Act? [WIA Section 188(a)(2) and State Planning Guidance IV B.4.] K. Describe how employer services (e.g. systems to determine general job requirements and job listings, including Wagner-Peyser Act services) will be delivered though the One-Stop system in your area. [State Planning Guidance I IV.B.7] L. What reemployment services will you provide to Worker Profiling and Reemployment Service claimants in accordance with Section 31 (e) of the Wagner- !i Peyser Act? [State Planning Guidance IV B.7. and WIA Section 121(b)(1)(B)(ii)] !, M. What local policies and strategies are in place to ensure that, pursuant to the Jobs for Veterans Act {P.L.107-288){38 USC 4215), priority of service is provided to veterans (and certain spouses) who otherwise meet the eligibility requirements for all employment and training programs funded by the Department of Labor, in accordance with the provisions of TELL 5-03 (9/16/03/)? Include in your discussion how this policy is shared with all of the One-Stop Career Center partners and if/how you conduct outreach to veterans and veteran organizations to ~ ~ ', encourage use of One-Stop Career Center services. How will you ensure that veterans receive priority in the local One-Stop system for Wagner-Peyser funded labor exchange services? [State Planning Guidance IV.B.9. and WIA Section 121(b)(1)(B)(ii)] N. What role will Veterans Workforce Specialists and Veteran Employment Service Specialist (VWSNSSS) have in the local One-Stop system? How will you ensure adherence to the legislative requirements for veterans' staff? [State Planning Guidance IV.B.10., 322, 38 USC Chapter 41 and 20 CFR Part 1001-120] O. How will you provide Wagner-Peyser Act-funded services to the agricultural community-specifically, outreach, assessment and other services to migrant and seasonal farm workers, and services to employers? How will you provide appropriate services to this population in the One-Stop system? [State Planning Guidance IV 8.11.] P. How will the local board coordinate workforce investment activities carried out in the local area with the statewide rapid response activities? [WIA Section 118(b)(5) and State Planning Guidance IV.B13.b] Q. What rapid response assistance will be available to dislocated workers and employers and who will provide them? [WIA Section 118(b)(4)(5) and State Planning Guidance IV B.13.c.] FW IAB99-2A 11 of 18 Rev. 9/08 19D-14 R. How will your local board ensure continuous improvement of eligible providers of services through the system and ensure that such providers meet the employment needs of local employers and participants? [WIA Section 118(b)(2)(A)] Describe and assess the adult and dislocated worker employment and training services that will be available in your local area. [WIA, Section 118 (b)(4)(5)] In addition, include the local board's policy regarding training services available to adult and dislocated workers who have met the requirements for intensive services, have been unable to obtain or retain employment through those services, and have been determined to be in need of training. [WIA Section 134{d)(4)(A)(iii), Title 20 CFR Part 663.310(c) and CUIC Section 14230(a)(5)] S. MEMORANDUM OF UNDERSTANDING: WIA requires that a Memorandum of Understanding (MOU) between the local board and each of the One-Stop partners concerning the operation of the One- Stop delivery system be executed. A copy of each MOU must be included with the plan modification. [WIA Section 118(b)(2)(B)] The MOU may be developed as a single umbrella document, or as singular agreements between the partners and the board. The MOUs should present in concrete terms, member contributions and the mutual methodologies used in overseeing the operations of the One-Stop career center system. The MOU must describe: [WIA Section 121(c}(1){2)(A)(B) and CUIC Section 14230(d)] a. What services will be provided through the One-Stop system. b. How the costs of services and operating costs will be funded, including cost-sharing strategies or methodologies. c. What methods will be used for referral of individuals between the One-Stop operator and partners? ~ d. How long the MOU will be in effect. ' e. What procedures have been developed for amending the MOU? f. Other provisions consistent or as deemed necessary by the local board. g. The local board's policy for identifying individuals who, because of their'. skills or experience, should be referred immediately to training services. 2. Identify those entities with who you are in the process of executing an MOU. Describe the status of these negotiations. [Interim Final Rule §662.310(b)J 3. What process will the local board use to document negotiations with One-Stop partners who fail to participate or sign an MOU? How will you inform the state FWIAB99-2A 12 of 18 Rev. 9/08 19D-15 board when negotiations have failed? [Interim Final Rule ~662.310(b}] The Santa Ana LW1A is currently in fhe process of renewing its MOUs with mandated partners and anticipates they will all be executed by fhe end of the year (12-31-OS). VI. YOUTH ACTIVITIES: As a way to connect youth to workforce investment resources, WIA requires youth programs to be connected to the One-Stop system. WIA requires improved youth opportunities and Youth Councils to be part of local workforce investment systems. Youth councils have authority to develop the youth-related portions of the local plans, to recommend youth service providers to the local boards, to coordinate youth services, and to conduct oversight of local youth programs and eligible providers of youth programs. ~ In this section describe the strategies and tactics to develop a comprehensive service delivery system for eligible youth, and discuss how that system will be coordinated throw h the One-Sto s stem. A. Describe your local area's efforts to construct a youth council, and what the role(s) of the Youth Council will be. [WIA Section 117 (h)(1)(2}(3)(4)] The Santa Ana Youth Council continues to seek an apprenticeship representative as well as private sector representative as suggested by S8293. !n addition the Youth Council has added two new in-school youth members and one out-of-school youth member who regularly attend and participate in Youth Council meetings. The Santa Ana Youth Council is an acfive WIB committee That meets monthly to j review WIA funded programs and coordinate workforce development services. The One-Sfop serves as the "Navigator" of the local WIA system. The navigator is responsible for fhe training and oversight of program services and outcomes. B. How will youth services be connected with your One-Stop delivery system? i [Interim Final Rule § 664.700] ~i Santa Ana has a Youth one-stop operational of fhe comprehensive one-stop center office in conjunction with our local EDD field office. C. Describe how coordination with Job Corps, Youth Opportunity Grants, and other youth programs in your local area will occur, e.g. School-to-Career. [WIA Section 112(b}(18)(C) and 117(h)(2)(vi), and State Planning Guidance, IV B. 15.] i it ~I ~ Even though the closest Job Corps program is in Los Angeles County (Long Beach), member.aRefer als to and from Job Corpstareh made by all youth prof >°dersat office as a FW IAB99-2A 13 of 18 Rev. 9/08 19D-16 D. Describe your area's eligible youth population and needs in general. Describe and assess the type and availability of youth activities in the foca{ area. Include an identification of successful providers of such activities. [WIA Section 118(b)(6)] E. What is your local area's strategy for providing comprehensive services to eligible in-school and out-of-school youth, including any coordination with foster care, education, welfare, and other relevant resources? Include any local requirements and activities to assist youth who have special needs or barriers to employment, including those who are pregnant, parenting, or have disabilities. [WIA Section 112(b)(18)(A), Interim Final Rule §664.400, and State Planning Guidance, IV B. 14] F. Describe how your local area will meet the Act's provisions regaraing the requlreo youth program design elements: [WIA Section 129(c)(2)(A) through (J)] In addition, please discuss how your local area's youth program design has been modified as a result of the State's move toward common performance measures and its effect on meeting program accountability requirements. [WIA Section 136(b)(2) and TEGL 17-05] 1. Intake and Objective Assessment 2. Preparation for post-secondary educational opportunities 3. Strong linkages between academic and occupational learning 4. Preparation for unsubsidized employment opportunities 5. Effective linkages with intermediaries with strong employer connections 6. Alternative secondary school services 7. Summer employment opportunities 8. Paid and unpaid work experience FW IAB99-2A 14 of 18 Rev. 9108 19D-17 9. Occupational skills training 10. Leadership development opportunities 11. Comprehensive guidance and counseling 12. Supportive services 13. Follow-up services. [Interim Final Rule §664.450(a)(1) through (6)(b), and State Planning Guidance IV B.14.] VII. ADMINISTRATIVE REQUIREMENTS A. What competitive process will be used to award grants and contracts for youth I_ services in your local area? [WIA Section 118 (b)(9), 112(b}(18)(B) and 123] B. What competitive and non-competitive processes will be used at the local level to ' award grants and contracts for activities under Title I of WIA, including how potential bidders are being made aware of the availability of grants and contracts? i [WIA Section 118(b)(9)] C. What entity will serve as the local grant recipient and be responsible for disbursing grant funds as determined by the Chief Elected Official? [WIA Section , 117(d}(3)(B)(i}(I}{II}(III) and 118{b)(8)] D. What criteria will the local board use in awarding grants for youth activities, including criteria used by the Governor and local boards to identify effective and ineffective youth activities and providers? [WIA Section 112(b)(18)(B) and State i Planning Guidance III B.1.f.] ~~ E. What is your local area's definition regarding the sixth youth eligibility criterion, ("an individual who requires additional assistance to complete an educational program, or to secure and hold employment")? [WIA Section 101(13)(c)(vi)J F. What process will be used to allow public review and comment for specific FW IAB99-2A 15 of 18 Rev. 9/08 19D-18 performance outcomes and measures when these have been negotiated? VIII. ASSURANCES A. The Local Workforce Investment Board assures that it will comply with the uniform administrative requirements referred to in WIA Section 184(a)(3). B. The Local Workforce Investment Board assures that no funds received under the Workforce Investment Act will be used to assist, promote, or deter union organizing. [WIA Section 181(b)(7)] C. The Local Workforce Investment Board assures that the board will comply with the nondiscrimination provisions of W IA Section 188. D. The Local Workforce Investment Board assures that the board will collect and maintain data necessary to show compliance with the nondiscrimination provisions of WIA Section 188. E. The Loca- Workforce Investment Board assures that there will be compliance with grant procedures of WIA Section 189(c). F. The Local Workforce Investment Board assures that funds will be spent in accordance with the Workforce Investment Act, written Department of Labor guidance, and other applicable Federal and State laws and regulations. G. The Local Workforce Investment Board assures that veteran workforce investment programs funded under WIA, Section 168 will be carried out in accordance with that Section. H. The Local Workforce Investment Board assures it will comply with future State Workforce Investment Board policies and guidelines, legislative mandates, or other special provisions as may be required under Federal law or policy, including the Workforce Investment Act or State legislation. I. The Local Workforce Investment Board assures that when allocated adult funds for employment and training activities are limited, priority shall be given to recipients of public assistance and other low-income individuals for intensive and training services. [WIA Section 134(d)(4)(E), 118(b)(4), and CUIC Section 14230(a)(6)J J. The Local Workforce Investment Board certifies that its One-Stop Centers will recognize and comply with applicable labor agreements affecting represented employees located in the Centers. This shall include the right to access by State labor organization representatives pursuant to the Ralph Dills Act. [Chapter 10.3 (commencing with Section 3512) of Division 4, of Title 1 of the Government Code, and CUIC Section 14233] FW IAB99-2A 16 of 18 Rev. 9/OS 19D-19 K. The Local Workforce Investment Board assures that State employees who are located at the One-Stop Centers shall remain under the supervision of their employing department for the purposes of performance evaluations and other matters concerning civil service rights and responsibilities. State employees performing services at One-Stop Centers shall retain existing civil service and collective bargaining protections on matters relating to employment, including but not limited to: hiring, promotion, discipline, and grievance procedures. L. The Local Workforce Investment Board assures that when work-related issues arise at One-Stop Centers between State employees and operators or supervisors of other partners, the operator or other supervisor shall refer such issues to the State employee's civil service supervisor. The One-Stop Career Center operators and partners shall cooperate in the investigation of the following matters: discrimination under the California Fair Employment and Housing Act [Part 2.8 (commencing with Section 12900) of Division 3, of Title 2 of the Government Code], threats and/or violence concerning State employees, and State employee misconduct. M. One-Stop Operator is responsible for administering One-Stop Center services in accord with roles to be determined by the Local Workforce Investment Board. The Local Workforce Investment Board assures that it will select the One-Stop Operator with the agreement of the Chief Elected Official, through one of three means: 1. Through a consortium of at least three or mare required One-Stop partners; or 2. Through competitive process such as a Request for Proposal; or 3. It may serve as the One-Stop Operator directly but only with the consent of the Chief Elected Official and the Governor. The only time these selection procedures are not required is in the following circumstances inclusive: the One-Stop delivery system, of which the operator is a part, existed before August 7, 1998; the existing One-Stop system includes all of the required One-Stop partners; and an MOU has been executed which is consistent with the requirements of the Act. jWIA Section 121(d)(2)(A), and Title 20 CFR Part 662.410 FWIAB99-2A 17 of 18 Rev. 9/08 19D-20 IX. PROGRAM ADMINISTRATION DESIGNEE AND PLAN SIGNATURES This Local Plan represents the SANTA ANA Workforce Investment Board's efforts to maximize and coordinate resources available under Title I of the Workforce Investment Act (W IA} of 1998. This Local Plan is submitted for the period of April 1, 2008 through June 30 2009 in accordance with the provisions of WIA. Local Workforce Investment Board Chair Signature Michael R. Hood Name Chairman Title November 21, 2008 Date Chief Elected Official Signature Miguel A. Puiido Name Mayc Title December 1, 2008 Date FW IAB99-2A 18 of 18 Rev. 9/08 19D-21 ,~\ Employment EDD Development Department State of California Workforce Investment Area Local Pian Modification Program Year 2008-09 (Budget, Participant, and Performance Forms) LWIA: SANTA ANA Submitted on: 10-30-08 Contact Person: FRAN L. JUTZI Contact Person's Telephone Number: 714-565-2621 EDD is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Special requests for services, aids, andior special formats need to be made by calling (916) 654-8055 (Voice). TTY users, please call the California Relay Service at 711. FWSD08-5A Page 1 of 1 9/08 19D-22 WlA Loca- Plan Modification PY 2008-09 [] Modification # LWIA: CITY OF SANTA ANA Date: 07/01 /08 TITLE IB BUDGET PLAN SUMMARY (Adult or Dislocated Worker) WIA 118; 20 CFR 661.350(a)(13) PROGRAM TYPE for PY 2008, beginning 07/01/08 through 06/30/09 jJi Grant Code 201/202/203/204 WIA IB-Adult Grant Code 501/502/503/504 W IA IB-Dislocated Worker FUNDING IDENTIFICATION R865489 Sub rant R970558 Sub rant 1. Year of A ro nation 2. Formula Allocation 2007 1,184,766 2008 1,292,620 3. Allocation Ad ustment -Plus or Minus (78,458) Transfers -Plus or Minus 4 (350,000) . 5. TOTAL FUNDS AVAILABLE (Line 2 plus 4) 756,308 1,292,620 TOTAL ALLOCATION COST CATEGORY-.PLAN 6. Pro ram Services (sum of Lines 6A through 6E) 680,678 1,163,358 A. Core Self Services 117,883 B. Core Re istration Services 140,930 500,000 C. Intensive Services 189,428 463,358 D. Trainin Services 37,833 50,000 E. Other 194,604 150,000 7. Administration (Line 5 minus 6) 75,630 129,262 8. TOTAL (Lines 6 plus 7) 756,308 1,292,620 QUARTERLY TOTAL EXPENDITURE PLAN {cumulative from July 1, 2007 and July 1, 2008 respectively) 9. Se tember 2007 12,580 10. December 2007 35,738 11. March 2008 161,128 12. June 2008 331;498 13. Se tember 2008 533,498 15,000 14. December 2008 733,498 40,000 15. March 2009 756,308 200,000 16. June 2009 450,000 17. Se tember 2009 700,000 18. December 2009 1,000,000 19. March 2010 1,292,620 20. June 2010 Fran L Jutzi MIS Supervisor (714) 565-2621 7!01/08 Contact Person, Title Telephone Number Date Prepared Comments: NOTE Final Rule 667 160 What Reallocation Procedures Must the Governors Use, discusses local area obligation rates, recapture, and reallocation. Also see WIA Directive WIAD01-10. Title IB Budget Plan Summary (Adult or Dislocated Worker) Forms Supplement FWSDD-2E DRAFT Page 1 of 1 8/07 190-23 u WIA Local Plan Modification PY 2008-09 u Modification # LWIA: CITY OF SANTA ANA Date: 07/01/08 TITLE IB BUDGET PLAN SUMMARY (Adult or Dislocated Worker) WIA 118; 20 CFR 661.350(a)(13) PROGRAM TYPE fog PY 2008, beginning 07/01/08 through 06/30/09 1 Grant Code 201/202/203/204 WIA IB-Adult ,^ Grant Code 5011502/503/504 WIA IB-Dislocated Worker FUNDING IDENTIFICATION R865489 Sub rant R970558 Sub rant 1. Year of Ap ropriation 2. Formula Allocation 2007 549,023 2008 717,608 3. Allocation Ad ustment -Plus or Minus (30,401 4. Transfers -Plus or Minus 5. TOTAL FUNDS AVAILABLE (Line 2 plus 4) 350,000 868,622 717,608 TOTAL ALLOCATION COST CATEGORY' PLAN 6. Pro ram Services (sum of Lines 6A through 6E) 781,760 645,848 A. Core Self Services 66,352 - B. Core Re istration Services 79,324 250,000 C. Intensive Services 97.245 250,000 D. Trainin Services 366,162 45,848 E. Other 172,677 100,000 7. Administratlon (Line 5 minus 6) 86,862 71,760 8. TOTAL (Lines 6 plus 7) 868,622 717,608 QUARTERLY TOTAL EXPENDITURE PLAN (cumulative from July 1, 2007 and July 1, 2008 respectively) 9. Se tember 2007 12,521 10. December 2007 266,057 11. March 2008 506,229 12. June 2008 719.902 13. Se tember 2008 759,902 15,000 14. December 2008 799,902 100,000 15. March 2009 859,902 250,000 16. June 2009 868,622 350,000 17. Se tember 2009 - 450,000 18. December 2009 - 550,000 19. March 2010 650,000 20. June 2010 717,608 Fran L. Jutzi, MIS Supervisor (714) 565-2621 Contact Person, Title Telephone Number 8/27/08 Date Prepared Comments: NOTE Final Rule 667.160 What Reallocation Procedures Must the Governors Use, discusses local area obligation rates. recapture. and reallocation. Also see WIA Directive WIAD01-10. Tille IB Budget Plan Summary (Adult or Dislocated Worker) Forms Supplement FWSDD-2E DRAFT Page 1 of 1 8/07 19D-24 WIA Local Plan Modification PY 2008-09 Modification # LWIA: CITY OF SANTA ANA Date: 04/01 !08 TITLE IB BUDGET PLAN SUMMARY (Youth) WIA 118; 20 CFP. 661.350(x)(13) PROGRAM TYPE for PY 2008, beginning 04/01/08 through 06!30/09 I ~ Gran! Code 3011302/303/304 W IA IB-Youth FUNDING IDENTIFICATION ' 1. Year of A propriation 2. Formula Allocation R865489 Sub rant 2007 1,241,367 R970558 Sub rant 2008 1,338,849 3. Allocation Ad ustment -Plus or Minus 4. TOTAL FUNDS AVAILABLE (Line 2 plus 3) (80,720) 1,160,647 1,338,849 TOTAL ALLOCATION COST CATEGORY PLAN 5. Program Services (sum of Lines 5A and 5B) A. In School B. Out-of-School (30%) 6. Administration (Line 4 minus 5) 7. TOTAL (Line 5 plus 6) 1,044,583 444,583 600,000 116,064 1,160,647 1,204,965 500,000 704,965 133,884 1,338,849 QUARTERLY TOTAC EXPENDITUREI PLAN (cumulative-from April 1, 2D07 and April 1,2008 respedivetyy 8. June 2006 0 9. September 2006 0 10. December 2006 132,342 11. March 2007 446,459 - 12. June 2007 676,000 0 13. Se tember 2007 876,000 0 14. December 2007 1,076,000 1,500 15. March 2008 1,160,647 150,000 16. June 2008 400,000 17. Se tember 2008 700,000 18. December 2008 1,000,000 19 March 2009 - 1,338,649 20. June 2009 Fran L. Jutzi MIS Supervisor 714-565-2621 8/27/08 Contact Person, Title Telephone Number Date Prepared ('nmments NOTE: Final Rule 667.160, What Reallocation Procedures Must the Governors Use, discusses local area obligation rates recapture and reallocation Also see WIA Directive WIAD01-10. Title IB Budget Plan Summary (Youth) Forms Supplement FWSDD-2F DRAFT Page 1 of 1 8/07 19D-25 ['i WIA Local Plan Modification PY 2008-09 Modification # TITLE IB PARTICIPANT PLAN SUMMARY WIA 118; 20 CFR 661.350(a)(13} Plan the number of individuals that are in each category LW-q; CITY OF SANTA ANA Date: 07/01 /08 Totals for PY 2008 (07101108 throw h 06130109} ADULT 'DW OY YY 8 Registered Participants Carried in from PY 2006 1 70 107 13 . New Registered Participants for PY 2007 2 4,130 1,693 33 76 . Total Re istered Particloants for PY 2007 (Line 1 lus 2 3 4,200 1,800 46 84 . Exiters for PY 2007 4 2,940 1,260 38 77 . 5. Re istered Partici ants Carried Out to PY 2008 (Line s minus a) 1,260 540 8 7 PROGRAM SERVICES 6. Core Self Services - - 7 Core Registered Services 4,200 1,800 8. Intensive Services 3,402 1,458 5. Training Services 70 62 SKILL ATTAINMENT 10. Attained a Si<ilUGoal 72 EXIT STATUS - 11. Entered Employment 2,352 996 26 7 11A. Training-related 33 22 - - 11B. Entered PostsecondaryiAdvanced/Credential Program - - 20 12. Remained with Layoff Employer - 13. Entered Military Service - 14. Entered Advanced Training 15. Entered Postsecondary Education 5 30 16. Entered Apprenticeship Program 17. Attained High Schooi Diploma/GED 1 30 18. Returned to Secondary School 30 19. Exited for Other Reasons 588 264 7 9 Fran L. Jutzi, MIS Supervisor Contact Person, Title 565-2621 8/27/08 Telephone Date Prepared ~vuiii ici iw. Title 19 Participant Plan Summary Forms Supplement FWSDD-2G DRAFT Page 1 of 1 8/07 19D-26 WIA Local Plan Modification PY 2008-09 ^ Modification # LWIA: SANTA ANA Date: 07/01 /2008 Budget, Participant, and Performance Forms STATE NEGOTIATED LEVELS OF PERFORMANCE' --- _ WIA Requirement at Section 136(c) I! py I 2005-06 PY 2006-07 PY 2007-OB rr i 2006-09 Adults i i ~ l I Entered Employment Rate 73% 74% 77% 78°~° Employment Retention Rate i Earnings ChangelAverage Earningsz I 79°/0 $3500 80°~0 $11,80D 82% $12,400 83% $12,500 I ', Employment and Credential Attainment Rate 56°ro 58% N/A j NIA Dislocated Workers ~~ ~ ~ Entered Employment Rate 81 °/ 82 /° 85 % 86°ro ~ Employment Retention Rate 85°o _ 86% ~ 87°/ 88°i° ', Earnings ChangelAverage Earnings` -53000 $15,40D ~ $15,800 $15,900 I Employment and Credential Attainment Rate 66°,0 67% NIA N/A Youth (ages 14-21) I Placement in Employment or Education ~, N/A N/A TBD , ~ TBD ~ Attainment of a Degree or Certificate I N/A N/A TBD I TBD I i Literacy and Numeracy Gains NIA N/A ! TBD TBD Older Youth (ages 19-21)° ~ Entered Employment Rate 72°~o 73% N/A NIA I Employment Retention Rate 80°/ 81°~6 ~ N/A N/A 'Earnings Change ~ $3700 ~ $3800 I N/A I N/A l Employment and Credential Attainment Rate ~ 38% 39°io I N/P. N/A ~ Younger Youth (ages 14-18)' ~ '~ Skill Attainment Rate ~ 83% 84% ! NIA N/A Diploma or Equivalent Rate 66% 67°rb N/A NIA j Retention Rate 63°0 64°ib NIA NIA Customer Satisfaction' l , -! I Participant Satisfaction Score i i 75 ! 75 N/A j N/A ~ Employer Satisfaction Score ~ 75 ; 75 N/A N/A 1 Guidance on the definitions of specific indicators for state and local performance can be found at the U.S. Department of Labor (DOL) WIA Web site. Specific Training and Employment Guidance Letters (TEGL) include, but are not limited to 8-99, 11-01, 27-04, 35-04, and 17-05. Additional guidance can be found at the EDD Workforce Development Community Directives Web site and Information Notices Web site. Specific Directives include, but are not limited to WIADOS-15, 06-5, 06-14, and WSD07-5. Specific Information Notices include, but are not limited to WSIN07-4 and 07-33. The DOL Employment and Training Administration approved California's waiver request to move from the statutory performance measures specified in WIA Section t36(b)(2) to the common performance measures defined In TEGL 17-05. This waiver is effective July 1, 2007 through June 30, 2009. 2 For PY 2005-06, the goal was an "Earnings Change". Effective July 1, 200E, the definition was changed to reflect an "Average Earnings". See TELL 17-05. 3 Per VVSIN07-33, the DOL approved California's waiver request to move from the statutory performance measures specified in WIA Section 136(b)(2) to the common performance measures defined in TEGL 17-05. Accordingly, these performance measures are no longer applicable. FWSD08-5G Page 1 of 2 9/08 19D-27 j~ WIA Local Plan Modification PY 2008-09 ^ Modification # LWIA: SANTA ANA Date: 07/01/2008 Budget, Participant, and Performance Forms LOCAL NEGOTIATED LEVELS OF PERFORMANCE' PY PY I WIA Requirement at Section 136(c) I 2005-06 I 2D07-08 2006-07 I Adults 9 78 78.9 j 79.4 . Entered Employment Raie _._ 81 6 82.5 80.6 Employment Retention Rate . 280D ' Earnings Change/Average Earnings' I 2040 ', 12,000 I 50 Employment and Credential Attainment Rate 56 I N!A , j Dislocated Workers l 7 i 77.7 Entered Employment Rate 78.7 79 j _ 85 4 Employment Retention Rate 86.4 ~ 87 -3000 Earnings Change/Average Earnings' j 3000 14,000 ti I Attainment Rate I 66 I meni and Creden a Em oy 67 N A I Youth (ages 14-21) ' ' 65 I NIA I Placement in Employment or Education N/A Attainment of a Degree or Certificate , NIA , NlA 45 Literacy and Numeracy Gains NIA N!A 15 i Older Youth (ages 19-21 )' ! I I Entered Employment Rate 71.4 ~I 72.4 ,' N/A ~ j 77 4 ~ Employmeni Retention Rate _ 78.4 N/A l Earnings Change 340G 3622 l N/A ~ Employment and Credentia! Attainment Rate ~ 38 li 39 N/A I Younger Youth (ages 14-18)' Skill Attainment Rate I 84 84'5 ~ N/A I ~~ I Diploma or Equivalent Rate 66 67 . ~~ N/A - Retention Rate 67.7 69.7 _ N/A Customer Satisfaction' ~ ~' j Participant Satisfaction Score N/A I Employer Satisfaction Score N/A 1 Guidance on the definitions of specific indicators for state and local performance can be found at the U.S. Department of Labor (DOL) WIA Web site. Specific Training and Employment Guidance Letters (TEGL) include, but are not limited to 8-99, 11-01, 27-04, 35-04, and 17-05. Additional guidance can be found at the EDD 1Norkforce Development Community Directives Web site and Information Notices Web site. Specific Directives include, but are not limited to WIAD05-15, 06-5, 06-14, and WSD07-5. Specific Information Notices include, but are not limited to W'SIN07-4 and 07-33. The DOL Employment and Training AdmiNstration approved California's waiver request to move from the statutory performance measures specified in WIA Section 136(b)(2) to the common performance measures defined in TELL 17-05. This waiver is effective July 1, 2007 through June 30, 2009. 2 For PY 2005-06, the goal was an "Earnings Change". Effective July 1, 2006, the definition was changed to reflect an "Average Earnings'", See TEGL 17-05. 3 Per WSIN07-33, the DOL approved California's waiver request to move from the statutory performance measures specified in WIA Section 136(b)(2) to the common performance measures defined in TELL 17-05. Accordingly, these performance measures are no longer applicable. FWSD08-5G Page 2 of 2 y"JO 19D-28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FY 2008 HOMELAND SECURITY GRANT PROGRAM (Statewide CopLink Procurement Project) CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the City Manager and the Chief of Police to execute a grant award agreement with the State of California, Office of Homeland Security for the FY 2008 Urban Area Security Initiative Program funding in the amount of $4,180,000. 2. Approve an Appropriation Adjustment recognizing the FY 2008 Urban Area Security Initiative Program funding in the amount of $4,180,000 in revenue account (account no. 125-01-5350-10) and appropriate same in the FY 2008 CopLink Procurement Project Grant Program expenditure accounts (account no. 125-341-various). 3. Direct the City Attorney to prepare and authorize the Chief of Police and the Clerk of the Council to enter into an agreement with Knowledge Computing Corporation (KCC) to provide software licensing for the CopLink application in an amount not to exceed $4,180,000. DISCUSSION The United States Department of Homeland Areas Security Initiative (UASI) The first responders to enhance security and respond to, and recover from acts of allocation specifically provides funding CopLink user license. Security has developed the Urban UASI provides funds to emergency overall preparedness to prevent, terrorism. This special grant for the purchase of a Statewide Coplink is an information sharing tool utilized by over 40% of Law Enforcement officers in the State of California. Through the purchase of this single "site" license all Law Enforcement professionals will have access to this important information sharing tool. 20A-1 FY 2008 Homeland Security November 17, 2008 Page 2 FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FY 2008 UASI account (account no. 125-O1-5350-10) by $4,180,000 and appropriate same in the FY 2008 UASI expenditure account (account no. 125- 341-various). APPROVED AS TO FUNDS AND ACCOUNTS: l ~~G~- Paul M. Walters Chief of Police Police Department l*Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 20A-2 Iss:111408 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND/OR THE CHIEF OF POLICE TO EXECUTE A GRANT AWARD AGREEMENT WITH THE STATE OF CALIFORNIA OFFICE OF HOMELAND SECURITY FOR THE FY2008 HOMELAND SECURITY GRANT PROGRAM 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 California Office of Homeland Security is responsible for implementing the United States Department of Homeland Security Grant Programs. B. The City of Santa Ana, as an eligible subgrantee, has been awarded funding from the California Office of Homeland Security for the fiscal year 2008 Homeland Security Grant Program (HSGP) in the amount of four million, one hundred eighty thousand dollars ($4,180,000.00) to purchase statewide licenses for Criminal Records Sharing software, and transfer those licenses to regional law enforcement agencies. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or the Chief of Police or their designee(s) to submit an application to the California Office of Homeland Security for the FY 2008 HSGP in the amount of $4,180,000.00, to purchase statewide licenses for Criminal Records Information Sharing. Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or the Chief of Police to execute and submit all documents and take any necessary action, for and on behalf of the City of Santa Ana, for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and subgranted through the State of California. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 20A-3 ADOPTED this day of 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura S. Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF PUBLICATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the attached Resolution No. 2008-XXX to Council of the City of Santa Ana on Date: Council, do hereby attest to and certify the be the original resolution adopted by the City Clerk of the Council City of Santa Ana 20A-4 f I ' ~~~ AGREEMENT FOR PRODUCTS THIS AGREEMENT is made effective this t" day of December, 2008 , by and between The City of Santa Ana, (hereinafter "Customer"), and KNOWLEDGE COMPUTING CORPORATION (hereinaf- ter "KCC"), a corporation formed and existing under the laws of the State of Arizona, with its principal place of business at 7750 E. Broadway Blvd, Suite 100, Tucson, Arizona 85710. Article I. ENGAGEMENT The Customer hereby engages KCC to provide the following services and products in accordance with the terms and specifications provided herein and in the Statement of Services set forth in Schedule 1 attached hereto. A. Products. 1. KCC will provide COPLINK Solution Suite licenses, as described in Schedule 1, to the remaining sworn officers (40,000) in the State of California who are not licensed users of COPLINK as of October 1, 2008. 2. Customer is purchasing the COPLINK Solution Suite licenses as purchasing agent for the regional law enforce- ment/criminaljustice agencies in the State of California. The parties hereto agree that Customer's total liability to COPLINK pursuant to this Agreement is limited to the cost of the four Level 5 licenses. The regional law enforce- ment/criminaljustice agencies will receive the licenses through Customer and will individually contract with COPLINK to activate those licenses, including the execution, on behalf of the individual agency, of the COPLINK End-User Li- cense Agreement, attached hereto as Schedule 2. 3. This contract does not supersede, replace, or modify any existing contracts for COPLINK products or services with any criminal justice agency in the State of California. 4. At the Customer's option, KCC will provide additional COPLINK software products at an additional cost as stated in the current COPLINK price sheet. The addition of sources or products will require a contract amendment detailing the products and services to be delivered. B. Maintenance and Support Services. KCC will contract with individual agencies and/or regions for activation and maintenance of the software. Maintenance cost will be no more than 15% of the license fee cost that will be based on the sworn officer population for an agency and/or region. Article II. LICENSE The license terms for the COPLINK Solution Suite software are described in the End-User License Agreement (EULA) at- tached in Schedule 2. Article III. CONSIDERATION, REPORTS AND METHOD OF PAYMENT A. Consideration. 1. In consideration for the Products and Service provided under this Agreement, Customer shall pay to KCC a total sum not to exceed the Total Software amount in Schedule 1, which shall include year one of warranty from date of con- tract signing. KCC shall charge Customer only in accordance with this amount. 2. Customer will be billed for the License portion of the COPLINK® Solution Suite upon signing of the Software Accep- tance Letter. The License cost is defined as the total cost of the COPLINK~ base product and any additional products ordered by the Customer (e.g. COPLINK AgentT"") as outlined in Schedule 1. KCC hereby grants to the Customer a perpetual, non-exclusive, non-refundable license to use any and all COPLINK® Software provided to you under this Li- cense in accordance with the terms and conditions set forth herein. Said license may be transferred to the regional law enforcement/criminal justice agencies in the State of California as set forth in Section 1.A., above. B. Taxes. Customer shall be responsible for any sales or use taxes arising out of this Agreement payable to the state of California. Page 1 of 12 20A-5 C. KCC Payments. KCC shall be responsible for the payment of all KCC personnel. D. Invoices Required. Excluding any initial payment, Customer shall pay KCC only on the submission of itemized invoices(s) for the products ren- dered. No payment shall be issued prior to receipt of material or service and correct invoice. E. Article IV. CONFIDENTIALITY A. General. To the extent authorized by applicable law, including the California Public Records Act, Government Code §§ 6250 et seq., the parties hereto agree to keep confidential any information identified as confidential by the disclosing party, using meth- ods at least as stringent as each party uses to protect its own confidential information. "Confidential Information" shall in- clude KCC's research and development plans and reports, the computer code for the UA Software and KCC Software (both source and object code), the functionality or manner of operation of any computer code (including without limitation screen designs and flows), or any other designs, techniques, methods, specifications, drawings, sketches, processes, trade secrets, product information, print-outs, formulae, samples, prototypes, systems and components, marketing or pro- motional information, and any other information marked confidential or accompanied by correspondence indicating such information is confidential exchanged between the parties hereto. Confidential Information also includes information relating to the disclosing party's business or financial affairs, such as financial results, business methods, pricing, competitor and product information and all other information designated as confidential. Except as may be authorized in advance in writing by KCC, Customer shall grant access to the Confidential Information only to its own employees involved in installing and maintaining the KCC Software, and Customer shall require such employees to be bound by this Agreement as well. In ad- dition, Customer shall not permit any personnel or Authorized User to remove any proprietary or other legend or restrictive notice contained or included in any material provided by KCC. The confidentiality and use obligations set forth above apply to all or any part of the Confidential Information disclosed hereunder except to the extent that: 1. KCC or Customer can show by written record that it possessed the information prior to its receipt from the other party; 2. The information was already available to the public or became so through no fault of the KCC or Customer; 3. The information is subsequently disclosed to KCC or Customer by a third party that has the right to disclose it free of any obligations of confidentiality; or 4. Is independently developed by the other party without breach of this Agreement. B. Improper Disclosure. KCC and Customer acknowledge that any use or disclosure of Confidential Information in a manner inconsistent with the provisions of this Agreement may cause the other parties irreparable damage for which remedies other than injunctive re- lief may be inadequate, and each party agrees that the other party shall be entitled to receive from a court of competent jurisdiction injunctive or other equitable relief to restrain such use or disclosure in addition to other appropriate remedies. Customer shall advise KCC if a request for information deemed confidential is made. In the event that KCC does not per- mitdisclosure, KCC shall indemnify, defend, and hold harmless Customer from any suits or damages resulting from KCC's failure to disclose. C. Survival of Conditions. The terms and provisions of this Article shall survive the termination of this Agreement, for any reason, for a period of five (5) years, unless otherwise agreed upon by the parties. D. Improper Acts. Customer and Authorized Users shall not attempt to reverse engineer, translate, decompile or disassemble the object code of the KCC Software and Customer agrees to use its best efforts to prevent reverse engineering, translation, decompilation and disassembly of the object code of the KCC Software by its authorized users. Article V. OWNERSHIP 1. KCC shall own all computer software and data KCC develops in the performance of its obligations under this Agree- gage 2 = 12 ment, including all copyrights, trade secrets, and other intellectual property rights with respect to any object codes, source codes, instructions, manuals or other materials relating to the installation, operation of computer software pro- vided by KCC. 2. Customer retains ownership of any data sent or migrated to the COPLINK® Solution Suite. Article VI. DURATION A. Improper Inducements. Customer may, by written notice to KCC, cancel this Agreement if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by KCC or any agent or representative of KCC, to any officer or employee of Cus- tomer. B. Termination. Upon Material Breach; Cure Periods. This Agreement may not be terminated upon a material breach of this Agreement unless the other party (the "Notifying Party") first provides written notice of such breach to the first party (the "Breaching Party") as provided herein and the breach has not been cured within sixty (60) days after the Breaching Party receives such notice. The notice shall reference this Article VIII (C), and shall describe each material breach of the Agreement in sufficient detail to permit the Breaching Party to cure the breach. Neither party may claim a material breach of this Agree- ment until the foregoing periods have expired. In the event a single agency that is participating in this project breaches this Agreement, such breach will not effect the re- maining agencies other than the non-inclusion of the breaching agency's information in the COPLINK node. C. Survival. The terms and conditions of Article V: Confidentiality, shall survive this Agreement for a period of five (5) years. Article VII. ENFORCEMENT, LAWS AND ORDINANCES A. Effect of Law. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. B. Compliance. KCC must comply with all applicable federal, state, county and local laws, ordinances, and regulations. C. Licenses and Permits. KCC shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by KCC. Article VIII. INDEPENDENT CONTRACTOR A. Relationship. It is understood and acknowledged by each party that the parties hereto shall act in their individual capacities and not as agents, employees, partners, joint venturers, or associates of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose whatsoever. B. Withholding. KCC is advised that taxes or social security payments shall not be withheld from any payment issued hereunder and that KCC should make arrangements to directly pay such expenses, if any. C. KCC Provided Insurance. 1. KCC maintains, at its own expense, general business liability insurance with a combined single limit of $3,000,000 per occurrence. Page 3 of 12 20A-7 2. KCC maintains workman's compensation insurance through the Arizona State Compensation Fund, which meets all requirements of Arizona labor law. D. Additional Insurance. Customer is advised that the costs of any additional insurance or surety bonds, mandated or required to be carried by KCC as an effect of local codes, ordinances, regulations, procurement policies or other customs, are the responsibility of the customer and will be billed as an additional cost item if Customer requires these to be secured under this contract. Article IX. MODIFICATIONS This Agreement may only be modified by a written amendment signed by persons duly authorized to enter into contracts on behalf of Customer and KCC. Article X. WAIVER The failure of either party of this Agreement to take affirmative action with respect to any conduct of the other, which is in violation of the terms of this contract, shall not be construed as a waiver thereof, or of any future breach or subsequent wrongful conduct. A. General. Article XI. INDEMNIFICATIONS KCC shall indemnify, defend, to the extent not prohibited by law, and hold harmless Customer, its officers, employees, agents and representatives, from any and all claims, demands, suits, actions, proceedings, loss, cost, and reasonable at- torney's fees and/or litigation expenses arising or alleged to have arisen out of any act, omission, professional error, fault, mistake, or negligence of KCC, its employees, agents, representatives, or subcontractors, their employees, agents, or rep- resentatives in connection with or incidental to the performance of this Agreement. KCC's obligation under this section shall not extend to any liability caused by the sole negligence of the Customer, or its employees. B. SOFTWARE LICENSE RIGHTS OF KCC. Nothing contained herein shall give Customer any interest of any kind in the Software except the right to use the Software in accordance with the terms of this license. C. Patent and Copyright Indemnification 1. Defense of Claims, Costs and Damages KCC will defend at its expense any action brought against the Customer to the extent that it is based on a claim that the Software, used within the scope of this license, infringes upon a United States patent or copyright, KCC will pay any costs and damages finally awarded in such suit or proceeding against the Customer which are attributable to such claim; pro- vided, prompt notice is given to KCC and KCC is allowed full control of the settlement of any such claim, and Customer provides all reasonable assistance at no cost to FAAC. 2. Infringement Should the Software become, or in KCC's opinion be likely to become, the subject of a claim of infringement of a copyright or patent, KCC may at its option (i) procure for the Customer the right to continue using the Software, (ii) replace or modify the Software to make it non-infringing while providing the same functionality, or (iii) if the right to continue cannot be rea- sonablyprocured or the Software cannot be reasonably replaced or modified, then terminate the license to use such Soft- ware and refund the purchase price of the software and the hardware whose operation depends on such software. D. Amount of Insurance. The amount and type of insurance required shall not in any way be construed as limiting the scope of the indemnification set forth above. Article XII. MISCELLANEOUS PROVISIONS A. Procurement Code. To the extent applicable, KCC agrees to abide by the provisions of the Customer's Procurement Code. B. Assignment or Subcontracting. No assignment of this Agreement or subcontract shall be made by KCC with any other party for furnishing any of the ser- Page 4 of 12 20A-8 vices herein contracted for without the advance written approval of the Customer .All subcontracts shall comply with Fed- eral and State laws and regulations, which are applicable to the services, covered by the subcontract and shall include all the terms and conditions set forth herein, which shall apply with equal force to the subcontract, as if the subcontractor were the contractor referred to herein. KCC is responsible for contract performance whether or not subcontractors are used. C. Compliance with ADA. KCC shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and applicable federal regulations under the Act. D. Non-Discrimination. Neither party shall discriminate against any person or class of persons by reason of sex, color, race, religion, national ori- gin, or handicap while performing any obligation under this agreement. E. Entire Agreement. This Agreement represents the entire agreement between Customer and KCC relating to this requirement and shall prevail over any and all previous verbal and written agreements. 2~i4=92 Article XI11. USE OF NAMES AND TRADEMARKS Customer shall have the right to use the trademarks and name of KCC, but shall not have the right to use the names of the inventors of the KCC Software without the written consent of the party whose name is desired to be used. Article XIV. FORM AND METHOD OF NOTICE No notice required to be provided in this Agreement shall be effective unless it is in writing; is delivered to the other party by either reputable overnight courier; U.S. mail by registered, certified or overnight delivery service, with all postage prepaid and return receipt requested, or by personal delivery; and is addressed to: If to KCC: If to Customer: Knowledge Computing Corporation Santa Ana Police Department Attn: Renee Jepsen, Controller 60 Civic Center Plaza 7750 East Broadway Blvd, Suite 100 P.O. Box 1981 Tucson, AZ 85710 Santa Ana, CA 92702 or to such other address as KCC may designate Attn: Commander Gominsky by written notice to Customer. or to such other address as Customer may designate by written notice to KCC. Page 6 of 12 20A-10 Article XV. AUTHORITY The persons signing on behalf of Customer and KCC hereby warrant and represent that they have authority to execute this Agreement on behalf of the party for whom they have signed. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first mentioned above. For: KNO~~EDGE COMPUTING CORP. For: CITY OF SANTA ANA. ~~, y'DY Date r~~' '7 ~ r/.d~~'F~,'~ ~ie~,f'~„t~C~ Printed Name Title (signature) Date DAVID N. REAM City Manager Printed Name Title Attest PATRICIA E, HEALY Clerk of the Council Printed Name Title Approved as to Form JOSEPH W. FLETCHER City Attorney i3v: Laura Sheedy Assistant City Attorney Title Page 7 of 12 20A-11 Schedule 1 Software License Costs Enterprise Software Licensing": Costs COPLINK Base System $1,666,842.48 COPLINK Computer-based Training $73,488.05 COPLINK Active Agent $218,793.95 COPLINK Incident Analyzer $364,099.86 COPLINK Adaptive Analytical Architecture (A3) $255,872.01 COPLINK Visualizer $364,099.86 COPLINK Intel L.E.A.D. $546,984.88 COPLINK Mobile (incl. iLEAD mobile) $309,818.92 TOTAL SOFTWARE $3,800,000.00 *Pricing based on four Level-5 licenses for remaining sworn officers in California Price is for 40,000 sworn officers or remaining officers in CA Page 8 of 12 20A-12 Schedule 2 COPLINK® Software End-User License Agreement (EULA) Please read the terms and conditions of this license agreement (the "License") before using the computer software (the "Software") provided by Knowledge Computing Corporation (KCC.) The term "Software" in- cludes and these terms and conditions also apply to any updates, modifications and upgrades to the Soft- ware that you may receive from time to time. By installing the Software you accept and agree to the terms of this License. If you do not agree to the terms of this Software End-User License Agreement you are not authorized to use the Software. This License constitutes the entire agreement concerning the Software between you and KCC and it supersedes any prior proposal or representation. 1. Rights and Limitations a) General. The Software is licensed, not sold. KCC hereby grants to you a perpetual, non-exclusive and non-transferable license to use any and all COPLINK° Software provided to you under this Li- cense in accordance with the terms and conditions set forth herein. The Software is protected by copyright laws as well as by other intellectual property laws. The Software and any copies that you are authorized by KCC to make are the intellectual property of and are owned by KCC. The struc- ture, organization and code of the Software are the valuable trade secrets and confidential infor- mation of KCC. This License grants you no rights to use such content. b) Restricted Rights Notice. The Software provided under this License is provided with RESTRICTED RIGHTS. Use, duplication or disclosure is subject to restrictions set forth in this Li- cense. 1. You agree that you will not sublicense, assign, transfer, pledge, lease, rent or share your rights under this License other than to allow use of the Software by authorized individuals accessing the COPLINK system node on which the Software is installed. 2. You agree that you will not modify, adapt, disassemble, decompile, reverse engineer, translate or otherwise attempt to discover the source code of the Software. 3. You may not modify the Software or create derivative works based upon the Software. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer. 4. You must maintain all copyright notices on all copies of the Software. 5. You may not distribute copies of the Software to third parties. 6. You may not export the Software to any country, entity or person to which export would be illegal. 7. All rights not expressly granted are reserved by KCC. c) KCC's Rights. You acknowledge and agree that the Software and Documentation are proprietary products of Knowledge Computing Corporation under copyright law and disclosed to you by KCC in confidence. You shall take all reasonable steps to safeguard the Software. KCC owns and will retain all copyright, trademark, trade secret and other proprietary rights in and to Software. This Li- cense conveys to you only anon-exclusive and limited right of use, revocable in accordance with the terms and conditions of this License. In the event that you fail to comply with any terms and/or conditions hereof, this License shall terminate automatically and KCC shall be entitled to all reme- dies in accordance with applicable law. d) Other Limitations. This license is further limited as follows: 1. The Software may not be used by you for any other purpose than that set forth herein, in- cluding without limitation, designing or developing any products to be sublicensed or dis- tributed by or on behalf of you or the National Institute of Justice. 2. The License granted to you hereunder shall be a license to use the machine-readable ob- ject code only, and shall specifically exclude source code; you shall allow only authorized users to access the COPLINK® System software and use the services of the Software. Page 9 of 12 20A-13 2. Warranties a) Material Errors. KCC warrants that if during the ninety (90) day period after installation and/or the duration of any extended warranty, you notify KCC that the Software contains an error that materi- ally and adversely affects your law enforcement activities, KCC will at no cost to you use its best efforts to either correct the error or provide a reasonable workaround for such error. KCC does not warrant that the functions contained in the Software will meet your requirements, nor that the op- eration of the Software will be uninterrupted or error-free. The warranties set forth in this Section do not cover any copy of the Software that has been altered or changed in any way by you or any authorized user. During the warranty period KCC will provide changes to the software mutually agreed upon by the parties for software troubleshooting and program code debugging only. No customization of the COPLINK System products will occur beyond that stated unless otherwise noted in a separate agreement. The warranty does not include any updates to the software that are not the result of errors. b) Exclusions. KCC is not responsible for problems caused by changes in, or modifications to, the operating characteristics of any computer hardware or operating system for which Customer has authorized KCC to install the KCC Software, nor is KCC responsible for problems that occur as a result of the use of the KCC Software in conjunction with software of third parties or with hardware that is incompatible with the operating system for which the KCC Software is being installed. c) Limitations. ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. The warranties contained in this section are made in lieu of all other warranties whether oral or written. Only an authorized officer of KCC may make modifications to this warranty or additional warranties binding KCC, and any such modifications or additional war- rantiesmust be in writing and must be approved by you. Approval shall not be unreasonably with- held. 3. JavaT"^ Support. The software product may contain support for programs written in JavaT"". Java T"" technology is not fault tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communi- cation systems, air traffic control, direct life support machines, or weapons systems, in which the failure of JavaT"" technology could lead directly to death, personal injury, or se- vere physical or environmental damage.(Indemnifications a) General. KCC shall indemnify, defend, to the extent not prohibited by law, and hold you harmless from any and all claims, demands, suits, actions, proceedings, loss, cost and reasonable attor- ney's fees and/or litigation expenses arising or alleged to have arisen out of any act, omission, professional error, fault, mistake or negligence of KCC, its employees, agents, representatives, or subcontractors, their employees, agents, or representatives in connection with or incidental to the performance of this License. KCC's obligation under this section shall not extend to any liability caused by your sole negligence or that of your employees. 1. Defense of Claims, Costs and Damages KCC will defend at its expense any action brought against the Customer to the extent that it is based on a claim that the Software, used within the scope of this license, infringes upon a United States patent or cop- yright, KCC will pay any costs and damages finally awarded in such suit or proceeding against the Cus- tomer which are attributable to such claim; provided, prompt notice is given to KCC and KCC is allowed full control of the settlement of any such claim, and Customer provides all reasonable assistance at no cost to FAAC. 2. Infringement Should the Software become, or in KCC's opinion be likely to become, the subject of a claim of infringe- ment of a copyright or patent, KCC may at its option (i) procure for the Customer the right to continue us- ing the Software, (ii) replace or modify the Software to make itnon-infringing while providing the same functionality, or (iii) if the right to continue cannot be reasonably procured or the Software cannot be rea- Page 10 of 12 20A-14 sonably replaced or modified, then terminate the license to use such Software and refund the purchase price of the software and the hardware whose operation depends on such software. 2~A 15 4. Miscellaneous Provisions a) Applicable Law. If you acquired the Software in the United States, this EULA is governed by the laws of the State of California. b) Modifications. This License may only be modified by a written amendment signed by persons duly authorized to enter into contracts on your behalf and KCC. c) Waiver. The failure of either party of this License to take affirmative action with respect to any conduct of the other, which is in violation of the terms of this contract, shall not be construed as a waiver thereof, or of any future breach or subsequent wrongful conduct. d) Withdrawal by Individual Agency. Should one or more agencies contributing to a COPLINK° Node information sharing system withdraw, KCC will modify the existing migration and mapping from those agencies to the COPLINK° node or data warehouse to exclude future refresh of data from those agencies. Such modification will be covered as part of the annual maintenance so long as the remaining agencies' data remains in the COPLINK° node. If an agency wishes to remove data previous migrated to the COPLINK° node or data warehouse, KCC will bill that Agency for the COPLINK node for time and materials related to this activity. Customer is not responsible for the costs of data migration of any Agency except the City of Santa Ana, CA. e) Use of Names and Trademarks. You shall have the right to use the trademarks and name of KCC, but shall not have the right to use the names of the inventors of the Software without the written consent of the party whose name is desired to be used. COPLINK~ and other trademarks contained in the Software are trademarks or registered trademarks of KCC. Third party trade- marks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use the COPLINK® trademark or its licensors' names or any of their respective trademarks. f) Entire Software End-User License Agreement. This License represents the entire agreement between you and KCC relating to this requirement and shall prevail over any and all previous ver- bal and written agreements. No COPLINK° reseller, agent or KCC employee is authorized to make any amendment to this License. All questions concerning this EULA shall be directed to: Knowledge Computing Corporation, 7750 E. Broadway Blvd. Suite 100, Tucson, AZ 85710, Attention: Support Services. Page 12 of 12 20A-16 ~_- CITY OF SANTA ~~ ANA .,=1,= }~ ~ ~ _ __ FINANCE & MANAGEMENT SERVICES AGENCY PURCHASING DIVISION 20 cw~c ci.rr~rr.x PLA'LA M-16 P.O. 130X 1988 SAN"I'A ANA, CALII'ORNL~ 92702 REQUEST FOR EXCEPTION TO COMPETITIVE BIDDING PROCESS Requests for exceptions to the competitive bidding process require detailed justification. This form must accompany your requisition whenever an exception to the competitive bidding process is requested. Such a request should not be made unless supported by factual statements that will pass an independent audit. Failure to respond fully to any of the questions could result in delay or rejection of your request due to inadequate justification. The Buyer or F&MS Agency Administrative Services Manager will determine whether the justification is appropriate. 1. Describe the product or service you wish to procure. Use enough detail to clearly describe what you are procuring to someone not familiar with the process. The City of Santa Ana proposes to purchase and deploy a California Statewide CopLink Information sharing user "site" license. This license after dissemination will allow all California Law Enforcement Professionals access to CopLink. This site license encompasses all jurisdictions that currently have no access to CopLink nodes or CopLink licenses. The CopLink Solution Suite of software organizes and rapidly analyzes vast quantities of structured and seemingly unrelated data, currently housed in various incompatible databases and record management systems, over a highly secure Intranet-based platform. COPLINK also provides advanced privacy and security features. A completely integrated solution, COPLINK is tactically sophisticated, user friendly, adaptable to agency preferences, affordable, and scaleable. COPLINK helps prevent acts of terrorism by consolidating, sharing, and identifying the most valuable information Law Enforcement has -online databases and criminal records. Most crimes committed involve repeat offenders whose criminal history, details and associations already exist in various database systems -neighboring police forces or national database systems. COPLINK is developed by Knowledge Computing Corporation (KCC) in Tucson, AZ. This powerful artificial intelligence based software application is a tried and tested application for fighting crime and terrorism. Often characterized by existing users as "a super Google for police officers", COPLINK allows officers and detectives to quickly and easily view the results of sophisticated analysis, from complex data searches that uncovers hidden relationships and associations across multiple database sources, even in legacy systems, whether they are available locally, regionally, or nationally. ~~lyl~ ~nks to any type of database. • Sophisticated analysis of multiple databases, that uncovers hidden relationships and associations of criminals. • Share and securely access multiple police databases, locally, regionally, and nationally. • Solve crimes faster by finding suspects in minutes, saving police time, money, and resources. • Contains comprehensive global database on all vehicles and firearms, and is DNA database ready. • Already fully operational system in over 560 jurisdictions in the U.S. The CopLink user licenses will be utilized for accessing and analyzing near real-time data from records management systems and associated law enforcement data sources from across the state and the country. Enabling our first responder community with these tools facilitates a commitment to public safety by sharing critical data; vastly improving the dissemination of information; enhancing situational awareness of events and trends while efficiently allowing for the managing and coordinating of enforcement strategies to mediate the threats to persons and critical infrastructure. 2. What are the unique performance factors of the requested product or service that cannot be met by another vendor? CopLink is a unique application sold only by KCC. Additionally, KCC is the only company authorized to provide development and deployment services (customization, installation, training and technical support) of the aforesaid product. In addition, after reviewing information sharing systems throughout the state it has been determined that KCC's CopLink application is currently being utilized by over 40% of the law enforcement personnel in the State. The State's remaining regional intelligence centers are in active contract negotiations with KCC to secure CopLink nodes. The purchase of the requested site license has to come from KCC as they designed the system and can only come from the creator of the system. I HEREBY CERTIFY THAT to the best o~~f~~nowledge, after having reviewed all pertinent information available to me at t~' time, th ollowi g vendor is the sole source of supply for the required product or servi ated ~ ~ REQUESTOR ~ ~ ~~=~i~~~ DEPT./DIV. HEAD: DATE: ~~ l ~Zl bv° .DATE: ~/ l l /~ REQUISITION #: 20A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: CONTRACT AWARD FOR TOTAL STATION SURVEYING SYSTEM (SPEC. NO. 08-063) ~4 ~~ TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Geodimeter Southwest, Inc. for the purchase of a total station surveying system in the amount of $38,434. DISCUSSION The Public Works Agency's Construction Engineering Division uses two total station surveying systems to electronically measure and record engineering data for street, sewer, and storm drain improvements. On January 7, 2008, the City Council approved the replacement of one of the surveying systems, as the two systems are approximately 20 years old and a lack of replacement parts has made the units obsolete. Staff is satisfied with the replacement system and would like to replace the second unit. The notice inviting bids was advertised on September 19, 2008 and bids were solicited. A summary of the bid invitations and bids received is as follows: 4 Invitations For Bid mailed 2 Bids received Bids were received, opened on October 7, 2008 and evaluated. Bid results are as follows: Vendor: Amount: Location: Geodimeter Southwest, Inc. A11en Associates, Inc. $ 38,434 $ 40,200 Camarillo Anaheim 22A-1 Contract Award for Total Station Survey System December 1, 2008 Page 2 The bid received from Geodimeter Southwest, Inc. is responsive to the specifications and meets the City's requirements. FISCAL IMPACT Funds are available in the Construction Engineering Capital Outlay account (no. 86-651-6641). APPROVED AS TO FUNDS AND ACCOUNT: ~~ ~ , e G. oss nkF'rancisco Gutierrez utive Director Executive Director lic Works Agency Finance & Mgmt. Services Agency /WO/08-063.9: 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: December 1, 2008 TITLE: CONTRACT AWARD FOR WATER SYSTEM SOFTWARE (SPEC. NO. OS-068) ~'~~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Bentley Systems, Inc. for water system modeling software and licensing in the amount of $31,000. DISCUSSION In 1998, the Public Works Agency (PWA) selected Microstation software to meet the City's Computer Aided Drafting (CAD) and mapping requirements. Subsequently the City's digital mapping has been standardized on this software, including of the water distribution system. These digital maps provide water information to the City's Geo-based Information System. Within the last decade, Bentley Systems acquired Microsation. The proposed water system modeling software, a module of the existing Bentley CAD software, will be used as a planning tool by the Water Resources Division to identify deficient water pipelines and upsize the correct pipes in the field. All of the city's pipes, pump stations, reservoirs and other water system components will be modeled in this system. The software will illustrate various routine and emergency scenarios to validate the various water system components and plan for future operational system changes and upgrades. As the water modeling software works in software, staff recommends its purchase. new software will be handled under th License agreement. conjunction with the existing CAD Maintenance and support for the e City's existing Bentley Select 22B-1 Contract Award for Water System Software December 1, 2008 Page 2 FISCAL IMPACT Funds are available in the Water Administration and Engineering account (no. 64-579-6661). APPROVED AS TO FUNDS AND ACCOUNTS: J mes G. Ross ~~yFrancisco Gutierrez xec tive Director Executive Director ub 'c Works Agency Finance & Management Svcs Agency eg 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: CONTRACTS RENEWAL FOR VEHICLE BODY REPAIR (SPEC. NO. 07-086) ,. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contracts for vehicle body repair for a one-year period in a total annual aggregate amount not to exceed $150,000 with: Vendor: Location: Doffo Automotive, Inc. Santa Ana Eleganze Auto Body Shop Santa Ana Kelly's Body Shop Inc. Santa Ana 1 Day Paint & Body Centers, Inc. Santa Ana Top Finish Collision Center Inc. Santa Ana DISCUSSION The Finance and Management Services Agency Fleet Maintenance Division is responsible for the maintenance and repair of approximately 600 vehicles, including police patrol sedans. Body, frame and certain mechanical and electrical system repairs are often contracted out. The contracts permit prompt and efficient repair of vehicles with a minimum interruption of service. On November 5, 2007, the City Council awarded contracts to five local vendors for a one-year period with provisions for two one-year renewals. The vendors have performed satisfactorily during the past contract period and have agreed to renew the contracts without an increase in pricing. Staff recommends the first renewal of the contracts. 22C-1 Contracts Renewal for Vehicle Body Repair December 1, 2008 Page 2 FISCAL IMPACT Funds are available in the Fleet Maintenance account (no. 75-111-6281). ~~ t ~ _ ~~\ , Francisco Gutierrez Executive Director Finance and Management Services Agency FG/KM/07-086R 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: CONTRACT AWARD FOR RESCUE EXTRACTION EQUIPMENT (SPEC. NO. 08-070) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ ,. CONTINUED TO ' ~.~---~-'1 FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to Fire Service Specification & Extraction Equipment in the amount of $72,410. DISCUSSION Supply for Rescue On April 7, 2008, the City Council accepted a $250,401 grant from the State of California Governor's Office of Homeland Security under the Metropolitan Medical Response System Program. The program was created in 1996 to assist highly populated jurisdictions achieve enhanced capability to respond to an event caused by a terrorist act. The Fire Department uses hydraulic rescue tools in life saving situations. The hydraulic tools currently in use by the Fire Department are over twenty years old. New extraction equipment is lighter, more durable and has increased reach capacity. The purchase of new extraction equipment enhances the Fire Department's response capabilities in an emergency. Santa Ana City Ordinance No. NS-2312 authorizes against contracts from any public agency utilizing The City of Los Angeles' contract with Fire Service was awarded as a result of open, competitive bidding requirements. Staff recommends the purchase of equipment. the City to purchase a competitive process.. Specification & Supply ~, and meets the City's the rescue extraction 22D-1 Contract Award for Rescue Extrication Equipment December 1, 2008 Page 2 FISCAL IMPACT Funds are available in the Metropolitan Medical Response System 2007 Grant account (no. 146-339-6391). APPROVED AS TO FUNDS AND ACCOUNTS: ~G .~-- Marc E. Martin Fire Chief ~~ - Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency Fire:eg 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: CONTRACT AWARD FOR EQUIPMENT PARTS AND (SPEC. N0. 08-071) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended LARGE ^ As Amended ^ Ordinance on 1s1 Reading SERVICE ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For .~ ~ l~ oc CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to Haaker Equipment Company for large equipment parts and service for a three-year period in an annual amount not to exceed $60,000. DISCUSSION The Fleet Maintenance Division of the Finance and Management Services Agency is responsible for the maintenance and repair of approximately 600 vehicles, including large apparatus. For routine repairs, the Fleet Maintenance Division maintains a parts inventory in its warehouse. For parts needed infrequently and for specialized repairs, fleet contracts with manufacturer-authorized service and equipment shops. Haaker Equipment Company is the authorized Southern California repair and equipment shop for two specialized categories of large apparatus owned by the City, the Elgin Street Sweepers and the Vactor Sewer trucks. Haaker has provided parts and service for large apparatus to the City since 2000 and staff recommends approval of a new three-year contract with Haaker Equipment. FISCAL IMPACT Funds are available in the Equipment Maintenance Garage Operations account (no. 75-111-6281). ~~CFrancisco Gutierrez Executive Director Finance and Management Services Agency FGjKM/08-071 22E-1 22E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-15 FOR THE PROPERTY LOCATED AT 2475 NORTH HELIOTROPE DRIVE ~l ~' /, ~ _ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Paul Sanford for the structure located at 2475 North Heliotrope Drive, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Paul Sanford for the structure located at 2475 North Heliotrope Drive, subject to non- substantive changes approved by the City Manager and City Attorney at its November 6, 2008 meeting by a vote of 5:0 (Rogers and Schaefer absent). DISCUSSION After the public hearing on November 6, 2008, 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. 2008-15 December 1, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $144.26 to $721.28 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~- ~,,~ i Jay Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency HS:rb hs\historic info\mills act agreements\2475_N_Heliotrope\hppa08-i5.cc 25A-2 REQUEST FOR Historic Resouroes Commission Action HSTORIC RESOURCES COMVISSION NEEr1NG DATE: NOVEMBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-15 FOR THE PROPERTY LOCATED AT 2475 NORTH HELIOTROPE DRIVE Prepared by Hally Soboleske HISTORIC RESOURCES CONNVIISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO ~_ ~ -~~,~ Executive Director Planning Man er RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Paul Sanford for the structure located at 2475 North Heliotrope Drive, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, Paul Sanford, requests the approval of Historic Property Preservation Agreement No. 2008-15 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a one story Ranch House with detached garage located at 2475 North Heliotrope Drive (Exhibit 1). The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25A-3 HPPA No. 2008-15 November 6, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in November 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Ranch 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 under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Hal Soboleske Sergio Clo ICP Associate Planner Princ' 1 a er HS j m hs\historic info\mills act agreements\hppa08-15.hrc 2 5A-4 _.~ __ _w __ _. PARK LN ..~ , __._.. O!V RD ,, R1VER L1'l ~ ' ._~ RNIERA j ~ i > ~ a Q; f O : ~ f- i ` Z Q ~ ~£ Ji Ji ~ X'~ ~ i J Y ~' VV uJ ~ ~ ~~ ~ SS O 0= ~~ a ~ F; ~ E t 1 500' RADIUS . ~, 1- __j r ~ , ',~ ~1 ~ I ~i ai f ~ ER:31G~ Dig CR at ~ti°a r _ __ ~q ~ ~ 30:iNcE LRr.E 3°-_ __ __ ..__ HPPA-2008-15 2475 North Heliotrope Drive PLANNING AND BUILDING AGENCY ~~~I~ EXECUTIVE SUMMARY ROHRBACHER HOUSE 2475 North Heliotrope Drive Santa Ana CA 92706 NAME Rohrbacher House REF. NO. ADDRESS 2475 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1950 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CAL[FORNIA REGISTER STATUS CODE SSl Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Ranch House (Colonial Revival) Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post-World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor-outdoor integration. While the style includes several variants, a basic set ofcharacter-defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has aone-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board-and-batten siding, high brick foundations, art stone, and wood shake roofs. Indoor-outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond-patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. The Colonial Revival Variant of the Ranch House incorporates classic-revival details such as an elaborated entrance, with the main entry flanked by columns and/or pilasters and sidelights, six-over-six double-hung wood sash windows, and a more symmetrical composition than the other stylistic variations of the Ranch House. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Rohrbacher House has been listed in the California Register of Historical Resources. The Rohrbacher House also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its exemplification ofthe distinguishing characteristics of the Colonial Revival variant of the Ranch House style. Additionally, the house has been categorized as "contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and, as an intact and characteristic example of the Ranch House style, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. Ex~i~-?6 State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code 1 of 3 Resource name(s) or number (assigned by recorder) Rohrbacher House Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: `c. Address 2475 North Heliotrope Drive City Santa Ana Zip 92706 'e. Other Locational Data: Assessor's Parcel Number 002-064-37 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in wide horizontal wood siding, this one-story residence displays the characteristics of the Ranch House style (Colonial Revival variant). The house features a rectangular, rambling plan, with a central block capped with a modified hip roof, flanked by a projecting hip-roofed wing on the fagade's south half. On the north half of the facade, aloes-pitched side-gabled wing extends to shelter a walkway connecting the garage to the residence. The garage, capped with a hipped roof and faux dove cote with three arched openings, is accented with six carved eave brackets topped with finials. The emphasis on the horizontal is reflected in the low-pitched roof and wide overhanging eaves. Recessed behind the projecting wing, the main entry consists of a wood panel door flanked by flue-pane sidelights with wood frames and square molded bases. The entry is elevated on two low steps and sheltered within a covered porch whose roof rests on a thin square post and pilaster with molded capitals. Narrow strips ofboard-and-batten siding sheathe the porch walls. Two twenty-light wood-framed, picture windows framed by decorative shutters flank the entry. Similar wood-frame six-light casements, one with shutters, mark the fagade's north wing.. Side elevations display similar windows in a variety of configurations, including four-over-four double- hung sashes with decorative shutters, at least one set over a brick base. Located on the south elevation, an attached chimney is largely obscured in vines. Highly intact, the house is further enhanced by mature landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) East elevation August 2008 *P6. Date Constructed/Age and Sources: ^historic 1950/City of Santa Ana Building Permits *P7. Owner and Address: Paul Sanford 2475 N. Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: September 15, 2008 *P10. Survey Type: Intensive Survey Update *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) Primary #. HRI # Trinomial NRHP Status Code Reviewer DPR 523A (1/95) ~ ~~4 *Required information *P11. Report 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 3 *CHR Status Code 5S1 *Resource Name or #: Rohrbacher House B1. Historic Name: Rohrbacher House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Ranch House/Colonial Revival Variant *66. Construction History: (Construction date, alterations, and date of alterations): Constructed 1950 July 11, 1950. Six-room residence and garage constructed for $14,000. November 19, 2002. Re-roof, tear-off wood shake and install composition shingles, $7,500. *67. Moved? ^No Yes Unknown Date: *B8. Related Features: Garage. B9a. Architect: Unknown Original Location:. b. Builder: William Rohrbacher *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Rohrbacher House is architecturally significant as a representative example of the Colonial Revival Variant of the Ranch House style. According to the original building permit, dated July 11, 1950, the six-room residence and garage were constructed by and for William and Lucy Rohrbacher at a cost of $14,000. Born in 1881 in Cedar Rapids, Iowa, Rohrbacher and his wife moved to Santa Ana in 1920. Upon his arrival, Rohrbacher began working as a builder. He developed a highly successful contracting company, completing many commissions in Southern California during a nearly five-decade career, from 1920 until his retirement in circa 1969. Rohrbacher served as contractor for the Bower's Museum, constructed in 1932/33, as well as the Tehachapi Prison, Carr Intermediate School, Phillips Hall at Santa Ana College, and the Jonas Salk School in Anaheim. Rohrbacher resided at 2475 North Heliotrope Drive until his death in 1974 at 93 years of age. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: September 15, 2008 (This space reserved for official comments.) Sketch Map ~ ~'~ 002-064-37 ' 2475 N. Heliotrope Drive ~ ~ ~~ ~a •t\\~'"~\\ rp O' n ` ~ fix, . a Y OA f ~b~ O ,~ S O ~ /'~ ~.. s O ~ 4 O -` ~ ~ C „a ~. 5. ~ O s ~ Y ~ O ~ s Q i ,'", s t ~ F e - DPR 5238 (1195) ~ w ~~=~ 'Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Rohrbacher House rcecoraea oy ~es~~e ~. rreumann and Deborah Howell-Ardila 'Date September 15, 2008 ~ Continuation ^ Update "B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Rohrbacher House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Sfreef, 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 County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War ll years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park Tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2008), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Rohrbacher House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Colonial Revival Variant of Ranch House style. Typical features of this style illustrated by the house include its asymmetrical composition and low-slung horizontality,~ extended plan with flanking wings of varying roof heights; attached garage capped with hip roof and faux dove cotes; generous use of multipane, wood-framed picture and casement windows; decorative detailing such as window shutters and elaborated entry with side lights and post porch supports; covered walkway with wood screen connecting garage and residence. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an intact example of the Colonial Revival Variant of the Ranch House style in the Floral Park neighborhood, `5s a good example of period architecture." Character-dettning exterior features of the Rohrbacher House that should be preserved include, but may not be limited to, materials and finishes (horizontal and board-and-batten siding); roof configuration and detailing; original windows and doors where extant,' attached chimney; and architectural details such as the decorative shutters, and faux dove cote, and eave brackets with finials. B12. References (continued): Armor, Samuel. History of Orange Countv. Los Angeles: History Record Company, 1921. Cultural Heritage Commission, City of Santa Ana. `Historical Landmarks, Inventory Form, Bowers Museum,"September 12, 1979. Available at the Santa Ana Public Library History Room. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Hisfory. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide fo American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Depf. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1932-1954. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal September 21, 1981. `Builder of Honer Plaza Dies," Orange Countv Register. September 15, 1981. `History of Floral Park." http://www.floral-park com/pa4e2 html. `Rohrbacher Rites Friday," Santa Ana Register. April 4, 1974. DPR 523E ~ C~ n-4 MILLS ACT AGREEMENT 2475 North Heliotrope 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 December 1, 2008 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 Paul Sanford, (hereinafter referred to as "Owners"), owner of real property located at 2475 North Heliotrope 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 2475 North Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E~z ~ O MILLS ACT AGREEMENT 2475 North Heliotrope Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 1, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: 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- 2~i4-11 MILLS ACT AGREEMENT 2475 North Heliotrope Drive Santa Ana, CA 92706 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~A-12 MILLS ACT AGREEMENT 2475 North Heliotrope Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. -4- 25A=13 MILLS ACT AGREEMENT 2475 North Heliotrope Drive Santa Ana, CA 92706 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2475 North Heliotrope Drive, Assessor Parcel Number, 002-064-37, 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: Paul Sanford 2475 North Heliotrope Drive Santa Ana, CA 92706 10. General Provisions. 2~A-14 MILLS ACT AGREEMENT 2475 North Heliotrope Drive Santa Ana, CA 92706 a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 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. 2~A-15 MILLS ACT AGREEMENT 2475 North Heliotrope Drive Santa Ana, CA 92706 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: gy. CITY OF SANTA ANA DAVID N. REAM City Manager Paul Sanford APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney 2~A-16 MILLS ACT AGREEMENT 2475 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A Lot 27 and the southeasterly 10 feet of Lot 26 of Tract No 754 in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 22, Page 37 inclusive of Miscellaneous Maps in the Office of the County Recorder. Assessor Parcel No. 002-064-37 2~i4-17 MILLS ACT AGREEMENT 2475 North Heliotrope 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 2475 North Heliotrope 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. 25A-19 MILLS ACT AGREEMENT 2475 North Heliotrope Drive Santa Ana, CA 92706 Exhibit C (photographs attached) ~,' `~ 0 Front elevation -11- 25A-20 Q Z O Q O J H a. W W a O DC O J W H 0 N .~ ~ .- ao I ~ ti rn I I I I ~ N I > ~o •L Z 0 a~ 0 L ~--~ 2 m /~L L.L Z Z -12- 25A-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-16 FOR THE PROPERTY LOCATED AT 1138 WEST SHARON ROAD /^l (,g' (~ ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with John F. and Jane S. Lewis for the structure located at 1138 West Sharon Road, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with John F. and Jane S. Lewis for the structure located at 1138 West Sharon Road, subject to non- substantive changes approved by the City Manager and City Attorney at its November 6, 2008 meeting by a vote of 5:0 (Rogers and Schaefer absent). DISCUSSION After the public hearing on November 6, 2008, 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. 2008-16 December 1, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $20.82 to $104.13 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: `~ ~, 1 . "' 'C~ ~ \ ~Y n ~ - - Jay M.! Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency ~ HS:rb hs\hiatoric info\mills act agreements\1138_W_SharonRd\hppa08-16.cc 25B-2 REQUEST FOR Hisfioric Resources Commission Action NOVEMBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-16 FOR THE PROPERTY LOCATED AT 1138 WEST SHARON ROAD Prepared by Hally Soboleske I~sTOwc RESOU~cES c~nnlw~or~ sEC~ra~r APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Executive Director Planning Man ger RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with John F. and Jane S. Lewis for the structure located at 1138 West Sharon Road, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicants, John F. and Jane S. Lewis, request the approval of Historic Property Preservation Agreement No. 2008-16 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single story Mid Century Modern House (wood variant) with an attached garage located at 1138 West Sharon Road (Exhibit 1). The property is within the Fisher Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25B-3 HPPA No. 2008-16 November 6, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Key in October 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Mid Century Modern (wood variant) 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 recommended action is Section 15061 (b) (3) , from further review. project. the California Environmental Quality Act, the exempt from further review under General Rule and therefore, the recommended action is exempt A Notice of Exemption will be filed for this Hall Soboleske Associate Planner HS:jm hs\historic info\mills act agreements\hppa0s-16.hrc 25B-4 ~' ` F- W ~ ~ ~ ~ ~ r J; w " ~ .~ . ~ ~ I !~, f ..._.,.,.... `. [ k~ LIB ~r. ..„e.. .~_.ne..,a,.,. k ~ ~ _ 1 ~~ ~~ ~ t ~ ~; ~ L .j .r ~.neW, _.. _ I ,,.~ ~" ~ ~ t ,. ~- ~ ~ s .. . h _,. ~ _ ~ ~ ~~~ ~t ~ +~ v ~~ ' i >__ . ;. -. 1 ~I~' ~~ i .. °- ..w... _._.. c M 500' RADIUS HPPA-2008-16 1138 West Sharon Road PLANNING AND BUILDING AGENCY `~B~T' 1 . EXECUTIVE SUMMARY PETERSEN HOUSE 1138 West Sharon Road Santa Ana, CA 92706 NAME Petersen House REF. NO. ADDRESS 1138 West Sharon Road CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1954 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Fisher Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mid-Century Modern (Wood Variant) As practiced in Southern California, Mid-Century Modernism took its cues from the International Style and the region's first- generation Modernist architects, Richard Neutra and Rudolph Schindler. In the postwar period, second- and third-generation practitioners such as Gregory Ain, Harwell Hamilton Harris, Raphael Soriano, Ray Kappe, Pierre Koenig, and A. Quincy Jones, among others, established Southern California as a center for innovative Modernist design. John Entenza's Case Study House program, promoted by Arts and Architecture magazine from 1945 to the late 1960s, brought international recognition for the region's Mid-Century Modernism. As with earlier strains of Modernist architecture, Mid-Century Modernism is characterized by an honest expression of structure and materials and the absence of historicist ornament and detailing. Aesthetic effect is achieved through the asymmetrical but rhythmic composition of modular post-and-beam construction. This post-and-beam construction, expressed in either wood or steel framing, allows for open floor plans and large expanses of glazing to heighten indoor-outdoor integration. In-fill panels of wood or glass are common, with glazing often extending to the gable or roof line in panels of clerestory lights. Additional indoor-outdoor connections are provided through the use of sliding glass doors opening onto decks, garden beds, and landscaped patios and by the continuation of roofing materials and structure on both interior and exterior. Buildings are generally one story, though two-story examples are not uncommon, with an emphasis on simple, geometric forms. Capped with low-pitched gabled or flat roofs, the residences generally display wide eaves, either cantilevered or supported on spider-leg or post supports. Sheathing materials vary, with wood, stucco, brick and stone panels alternating with generous expanses of glass. Windows are generally flush-mounted, with metal or wood frames. This style was seen in residences and commercial buildings from 1945 until circa 1975. SUMMARY/CONCLUSION: The Petersen House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Mid-Century Modern style (wood variant). Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as an uncommon example of the Mid-Century Modern style in the Fisher Park neighborhood (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 551: Individual property that is listed or designated locally. t~~° State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Trinomial NRHP Status Code Reviewer Date ab~ ~ ~~ Y ~crsavu~~et namets/ yr numoer tassignea oy recoraert rerersen House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 1138 West Sharon Road City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 001-137-06 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) T-shaped in plan, this one-story residence displays the textbook characteristics of the Mid-Century Modern style (wood variant). The residence is capped with a subtly sloped roof consisting of two large rectangular planes, joined at the center of the house to form a low gable. Cutting into and extending above the roof line on the east elevation is a rectangular chimney, whose square cement-block construction is visible through the clerestory lights. Wide overhanging eaves, with plain, uninterrupted vergeboards and extended canopies terminate the roof line. The principal design feature of the fagade is the asymmetric, rhythmic quality of the modular, wood post-and-beam construction. In-fill panels are sheathed in thin strips of vertical wood siding and or filled with large panels of fixed windows, extending fo the roof line. Enclosed within the post-and- beam modules in the center of the facade, the entry consists of an unadorned door set flush to the frame. Enhancing the indoor-outdoor integration integral to the style, clerestory lighting extends to the roof line on mirroring front and back elevations, allowing for view corridors to the backyard gardens from the front elevation. Connected to the main house by a covered walkway.and screened behind a mature bamboo tree, the attached garage features a flat roof with widely overhanging eaves forming geometric, trellis-like canopies on each side of the garage. Enclosed with a low, cement-block wall, two slender poles that forma "V"support the garage canopy. Extending east, a low wall composed of wood vertical slats provides privacy along the fagade. Highly intact and representative of its style, the residence displays no visible alterations. *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) Northeast elevation August 2008 *P6. Date Constructed/Age and Sources: ^historic 1954/City of Santa Ana Building Permits *P7. Owner and Address: John & Jane Lewis 1138 W. Sharon Road Santa Ana, CA 92706 *P8. Recorded by: L. Neumann and D.Howell-Ardila Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: September 15, 2008 *P10. Survey Type: Intensive Survey Update *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) Primary HRI # DPR 523A (1/95) pa¢ ~~ *Required information *P11. Report Citation: (Cite survey report and other sources, or enter "none") State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 *Resource Name or #: Petersen House B1. Historic Name: Petersen House 62. Common Name: Same 63. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Mid-Century Modern (Wood Variant) *66. Construction History: (Construction date, alterations, and date of alterations): Constructed 1954 October 4, 1954. Residence and garage constructed for $20,000. January 17, 1955. Plastering. December 6, 1989. Re-roof with tear off. *B7. Moved? ^No DYes Unknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Clifford Yates, AIA b. Builder: Harris & Denner *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1947 - 1958 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Petersen House is architecturally significant as one of the few highly intact and representative examples of the Wood Variant of the Mid-Century Modern style in Santa Ana. According to the original building permit, dated October 14, 1954, the six-room residence and garage were constructed for Robert J. Petersen at a cost of $20,000. The home was designed by Clifford Yates, AIA, the architect of the Friedman House, a similar post-and-beam residence constructed in 1953 in Pacific Palisades. Petersen, an engineer with Robertshaw-Fulton, and his wife Nancy resided in the home until of least 1965. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: September 15, 2008 (This space reserved for official comments.) DPR 5236 (1195) 2'f V Sketch Map a ~ <~ _ v ~ ~_): _ ~ ~ ` 1138 W. Sharon Rd. ~ ~~ no 001-137-06 -- ~ _, . -- p n _~ - p °_ ~ _ ~ ©' ~` 0 0~ *Required information 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) Petersen House 'Kecortletl by Leslie J. Neumann and Deborah Howell-Ardila *Date September 15, 2008 O Continuation ^ Update * *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Petersen House is located in Fisher Park, a neighborhood north of West Floral Park and bounded by Sharon Road (west of North Flower Street) and Memory Lane (east of North Flower Street) on the north, Interstate 5 on the east, Santiago Creek (west of North Flower Street) and Park Lane (east of North Flower Street) on the south, and Bristol Street on the west. The neighborhood takes its name from Jacob (Jack) Fisher. Bom in Yakima, Washington, Fisher moved to Santa Ana with his parents and sister in the early twentieth century. In April 1917, upon the United States' entry into World War 1, Fisher enlisted in the US Army when he was 18 years old. Assigned to Company L, Seventh California Regiment, Fisher latered advanced to the level of corporal in the 58<h Infantry of Company D. During his service in World War 1, Fisher received several high- level honors for his service in France, including a Purple Heart, French Croix de Guerre with Palm, and the Medaille Militaire, France's highest military recognition. After surviving the battles of Argonne Forest and Verdun, Fisher's final battle was fought in Argonne, from which he emerged with grave injuries. In 1919, Fisher returned to the United States for a period of convalescence. During his recuperation of the military hospital in San Francisco, Fisher studied art and cartoon illustration, which he developed into a career as a cartoonist for the San Francisco Examiner and, later, Santa Ana Register upon his return to Santa Ana in 1927. A decorated veteran with awards from Italy, Belgium, Britain, France, and the United Sfafes, Fisher was instrumental in the formation of the Santa Ana Chapter of the Disabled American Veterans. After Fisher's death at the age of 30, in March 1929, the Chapter of Disabled American Veterans he helped form took his name as the Jack Fisher Post, Chapter of Disabled American Veterans. On August 23, 1933, construction was completed on a park north of Santiago Creek on North Flower Sfreef and dedicated as the Jack Fisher Memorial Park. Prior to its residential development, Fisher Park formed Lots 56, 8 and 9 of the Potts, Borden and Sidwell Tract, subdivided in 1881. Current-day Interstate 5 conforms fo the prominent diagonal swath cut by the Southern Pacific Railroad line, which was established in Santa Ana in the late 1870s and still forms the eastern border of the Fisher Park neighborhood. With the exception of the Southern Pacific Railroad line, the area remained agricultural through much of the first half of the twentieth century, with walnut groves and orchards dotting the landscape. In November 1947, residential development arrived when a narrow strip was cleared, graded, and subdivided into 25 lots offered as Tract No. 1160, `River Lane Tract,"on which present-day Sharon Road appeared as River Lane. Mirroring the curve of Santiago Creek to the south, the streets displayed a curvilinear layout with lots ranging in size from 70 to 130 feet long, 140 to 190 deep. Three years later, in August 1950, another curvilinear subdivision appeared east of Flower Street, with smaller lots, averaging 60 feet by 90 feet, arranged around a curvilinear pattern with cul de sacs. An outgrowth of earlier City Beautiful and Garden City models, this curvilinear layout reflected neighborhood planning preferences codified in the 1930s by the Federal Housing Administration (FHA), which regulated and financed the increase in home ownership through its mortgage lending and insurance programs. During the post-WWII housing expansion in the United States, the FHA-endorsed model for city planning as reflected in the neighborhood of Fisher Park "set the standards for the design of post-World War ll subdivisions." (National Register Bulletin. Historic Residential Suburbs. p. 49). Construction quickly transformed the neighborhood from agricultural to residential. A 1947 aerial photograph taken a few months before creation of the River Lane Tract shows the area dominated by groves of trees. By 1955, nearly all the lots of both tracts had been improved with single-family residences with uniform setbacks, mostly in the Ranch House style popular in the 1950s and 1960s, in a configuration and unity of design still reflected there today (2008). The Petersen House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for ifs exemplification of the distinguishing characteristics of the Wood Variant of the Mid-Century Modern style. Typical features of this style illustrated by the house include its asymmetrical but rhythmic composition; indoor-outdoor integration provided by expansive use of windows and clerestory lights in front and back elevations; modular, post-and-beam construction, expressed in wood; subtly sloped roof terminating in wide overhanging eaves and canopies around the main residence and garage; thin strips of vertical wood siding as cladding material; in-fill panels of glazing extending to the roof line; lack of hisforicizing ornament. Additionally, the house has been categorized as `Key" because it `has a distinctive architectural style and quality" as an uncommon example of the Mid-Century Modern style in Santa Ana (Municipal Code, Section 30-2.2). Character-defrning exterior features of the Petersen House that should be preserved include, but may not be limited to, materials and finishes (thin strips of vertical wood siding and large glass panes); roof configuration and detailing; original windows and doors where extant; attached cement chimney,' and architectural details such as the thin poles set at 45 degree angles on the garage canopy and wood slat screen fence. DPR 523E ~ ~ Ct~ 4~ 5 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Petersen House *Recorded by Leslie J. Neumann and Deborah Howell-Ardila *Date September 15, 2008 ~ Continuation ^ Update B12. References (continued): Aerial Mapping Company, Boise, Idaho, Map 3-15-106, 1959. Available at the Orange County Archives. Agricultural Adjustment Administration, Western Division Laboratory, Santa Ana, California, Map 28-77, 1938. Available at the Orange County Archives. Ames, David L. and Linda Flint McClelland, US Department of the Interior, National Park Service, National Register Bulletin, Historic Residential Suburbs, Guidelines for Evaluation and Documentation for the National Register of Historic Places, September 2002, pp. 41-51. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Fairchild Aerial Surveys, Inc., Los Angeles, Maps 12-95 and 12-97, August 30, 1947. Available at the Orange County Archives. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Regisfer Registration Form." Washington DC: National Regisfer Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Pacific Air Industries, Long Beach, Maps 5-27 and 5-29, July 15, 1955. Available at the Orange County Archives. Santa Ana and Orange County Directories, 1932-1954. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Armistic Review Hailed by 70,000 at Fullerton,"Los Angeles Times, November 12, 1937, p. 14. Available at ProQuest Historical Newspapers Los Angeles Times database (1881-1986). `Jacob Fisher Answers Taps: Much-Decorated Veteran of World War Passes, Had Achieved Recognition as Newspaper Artist, Santa Ana Veterans Prepare Honors for Comrade," Los Angeles Times. March 3, 1929, p. F8. Available at ProQuest Historical Newspapers Los Angeles Times database (1881-1986). "Orange County,"Los Angeles Times, January 2, 1934, p. E18. Available at ProQuest Historical Newspapers Los Angeles Times database (1881-1986). DPR 523E ~~~~ ~ O MILLS ACT AGREEMENT 1138 W. Sharon Road 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 December 1, 2008 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 Jane S. Lewis and John F. Lewis, (hereinafter referred to as "Owners"), owner of real property located at 1138 W. Sharon Road, 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 1138 W. Sharon Road, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- E~ ~ 1 MILLS ACT AGREEMENT 1138 W. Sharon Road Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 1, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2-. 25B-12 MILLS ACT AGREEMENT 1138 W. Sharon Road Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 2~B-13 MILLS ACT AGREEMENT 1138 W. Sharon Road Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4.- 256-14 MILLS ACT AGREEMENT 1138 W. Sharon Road 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 1138 W. Sharon Road, Assessor Parcel Number, 001-137-06, 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: Jane S. Lewis and John F. Lewis 1138 W. Sharon Road Santa Ana, CA 92706 -5- 256-15 MILLS ACT AGREEMENT 1138 W. Sharon Road Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 256-16 MILLS ACT AGREEMENT 1138 W. Sharon Road Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager By: Jane S. Lewis By: John F. Lewis -7- 256-17 MILLS ACT AGREEMENT 1138 W. Sharon Road Santa Ana, CA 92706 Exhibit A PARCEL 1: LOT 12 OF TRACT NO. 1434, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 50, PAGE 49 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor Parcel No. 001-137-06 -s- 25B-18 MILLS ACT AGREEMENT 1138 W. Sharon Road 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 2~B-19 MILLS ACT AGREEMENT 1138 W. Sharon Road 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. - i o. - 25B-20 MILLS ACT AGREEMENT 1138 W. Sharon Road Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 256-21 Q Z O Q V O J 0 H a. Q Z O OC Q w M r r c~ 0 ti cYi ~n I I ^ I I I I i ~ • i ~ ~ ~- 0 z -12- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-17 FOR THE PROPERTY LOCATED AT 2403 NORTH RIVERSIDE DRIVE ((~~~ ~~L ~t/~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with John Thuman for the structure located at 2403 North Riverside Drive, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with John Thuman for the structure located at 2403 North Riverside Drive, subject to non- substantive changes approved by the City Manager and City Attorney at its November 6, 2008 meeting by a vote of 5:0 (Rogers and Schaefer absent). DISCUSSION After the public hearing on November 6, 2008, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25C-1 HPP Agreement No. 2008-17 December 1, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $69.71 to $348.56 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay ~. Trevino Francisco Gutierrez Executive Director Executive Director /J Planning & Building Agency Finance & Management Services Agency, HS:rb hs\historic info\mills act agreements\2403_N_Riverside\hppa08-17.cc 25C-2 REQUEST FOR Historic Resources Commission Action HsroRtc t~ESOUr~cES coNln~ssioN nnEEr~tG ao-TE: NOVEMBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-17 FOR THE PROPERTY LOCATED AT 2403 NORTH RIVERSIDE DRIVE Prepared by Hally Soboleske ~srowac r2ESOU~cES c~onnnntssloni sECx~ra~r APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO L ~~ L l~(~( -~ ~,c1 1, - Executive Director Planning Mana r RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council. to execute. the. attached agreement with John Thuman for the structure located at 2403 North Riverside Drive, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, John Thuman, requests the approval of Historic Property Preservation Agreement No. 2008-17 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single story Ranch House with an attached garage located at 2403 North Riverside Drive (Exhibit 1) The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25C-3 HPPA No. 2008-17 November 6, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in October 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Ranch 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 under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Hal y Soboleske Associate Planner HS:jm hs\historic info\mills act agreements\hppa08-17.hrc Sergio otz, Princi a Pla 25C-4 e._ m. ~~ € -~ A+LLEY `''~ ,.,~ ~,: ~ -- ~~...a... __...~.. +~~. '.7 4 LL '~ .. ~ ~~~ ~A ~~. __ ~,; ~_ ~`f'Y A _ ~ j t, ~ v ~1 _ ` ~.' µ~.~ _ _ _._ ~ - ~~ i ~~ ~ '+ . ii ti ~~~ ;~~ ~ ~ ~ ~ ~ i ~ ~ h ~ e,d '4.. w_ _ «.....,....,.a..~.. ~ .. _ ~ ~ ~'1 ~ .~G~ ~ _ . ~ ~.,.. ~ / • '`z+.. ~ _ I''+IC~RTFI F~~A,RK RI ~'rr 500' RADIUS HPPA-2008-17 2403 North Riverside Drive PLANNING AND BUILDING AGENCY `KIT 1 EXECUTIVE SUMMARY McBRIDE HOUSE 2403 North Riverside Drive Santa Ana, CA 92706 NAME McBride House REF. NO. ADDRESS 2403 North Riverside Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1936 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Ranch House (Proto-Ranch House Variant) Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post-World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor-outdoor integration. While the style includes several variants, a basic set ofcharacter-defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has aone-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board-and-batten siding, high brick foundations, art stone, and wood shake roofs. Indoor-outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond-patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. The proto-Ranch House represents a transitional style between the explicitly western-influenced work of Cliff May in the 1930s and the historic-eclectic styles popular in the 1920s and 1930s. This stylistic hybrid is reflected in Ranch House elements (such as an emphasis on the horizontal, U-shaped, one-story plan, low-pitched roof, use of rusticated materials, and incorporation of an extended or recessed porch) and Minimal Traditional elements (such as the shallow eave treatment, gable treatment with scalloped edge, and front-gabled wings). SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the McBride House has been listed in the California Register of Historical Resources. The McBride House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its exemplification of the distinguishing characteristics of the proto-Ranch House. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of a proto-Ranch House, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Re@ister Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Oflce of Historic Preservation, December 8, 2003.) 2D2: Determined eligible for listing as a contributor by consensus determination. 2 T 2 - ~'~e I 5 State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Primary #. HRI # Trinomial NRHP Status Code Review Code Reviewer 4 Resource name(s) or number tassianed by recorder) McBride House Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2403 North Riverside Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-050-16 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one-story residence is an example of a `Proto-Ranch" House, a transitional type that retained some of the traditional elements of the architecturally eclectic 1920s and 1930s with the new, emphatically horizontal and modern impulses of the developing Ranch House style. The U-shaped plan is reflected in the roof configuration, which consists of aloes-pitched side-gable over the recessed central wing and projecting front gables over the east and west wings. Shallow overhanging eaves are detailed with exposed rafters and scalloped beadboard facing on the east gable end. The residence is primarily sheathed in rusticated brick characterized by mortar bleeding from the joints; in contrast, the east wing is clad in smooth stucco. Sheltered beneath the overhang of the side-gable, athree-bay porch spans the facade of the central wing. Four square posts with scrolled wrought brackets define the bay divisions and support the roof. The porch is elevated one step above ground level and is otherwise unenclosed. Located in the west bay of the porch, the entry is raised another step and contains a wooden door with iron hardware. Fenestration on the facade consists of four pairs of wood, three-light casement windows flanked by shutters; two pairs overlook the porch to the east of the entry, one pair is centered on the facade of the east wing, and another is offset to the east on the facade of the west wing. Two round windows, one facing west beneath the porch roof, the other west of the brick chimney that (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 PSb. Photo: (view and date) South elevation August 2008 *Pti. Date ConstructedlAge and Sources: ^historic 1936/City of Santa Ana Building Permits *P7. Owner and Address: John Thuman 2403 N. Riverside Dr. Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and L. Carias Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: September 15, 2008 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Califomia Department of Transportation, Broadway Overcrossing Historic Property Survey, March 1979. *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (7/95) 2°~ i *Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 2Df2) *Resource Name or #: McBride House B1. Historic Name: McBride House B2. Common Name: Same B3. Original Use: Single-family Residence 64. Present Use: Single-family Residence *B5. Architectural Style: Ranch House/Proto Ranch variant 'B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1936 May S, 1936. Residence and garage, $6500. October 2, 1936. Alter garage apartment $1,000 May 26, 1971. Bring to code patio roof and tool shed. $400. June 24, 1982 Reroof $3, 800. October 23, 1997. Rebuild existing enclosed patio. $3,000 August 4, 1999. Reroof, $10,925 *B7. Moved? ^No I]Yes Unknown Date: Original Location: *Bt3. Related Features: None. 69a. Architect: Unknown b. Builder: O. F. Fowler *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The McBride House is architecturally signirrcant as an example of a Proto-Ranch House, illustrating the transition from the traditional styles of the 1920s and 1930s to the dominant house type of the post World War 11 suburbs, the California Ranch House. According to the original building permit, dated May 8, 1936, the residence and garage were constructed for H.R. McBride at a cost of $6,500 by O. F. Fowler. When the house first appears in city directories in 1937, Howard McBride, president of Citrus Juice and Flavor Co, and his wife Alys were listed as residents. By 1947, the property was the address of John R. Price, associate branch manager for Dean Witter & Co., and his wife Anne. Subsequently, in 1962, Lawrence W. Bemis, salesman for R.A. Miller, and his wife Gladys resided in the old McBride residence. Mr. Bemis is listed as a resident until the mid-1960s. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: September 15, 2008 (This space reserved for official comments.) DPR 5236 (1195) ~~~ - V Sketch Map ~~~ 2403 N. Riverside Dr. 002-050-16 ~~_~ Y° J,^~ .. ,_3.~ a:. ~~ ~ i .,, I f_~.. ,. i. ~~ I ~. a' 's; -- ~ - ~~ ~~ ~. ~=, ~~:- i r v ~ s=>i 'Required information 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) McBride House *Recorded by Leslie J. Neumann and Laura G. Carias *Date September 15, 2008 D Continuation ^ Update *P3a. Description (continued): bisects the fagade of the west wing, and a single casement window that faces east onto the porch, complete the fagade fenestration. Notable features include a square wood door adjacent to the chimney covering a firewood storage space, attic vents formed by missing bricks in the gable end to either side of the corbelled chimney cap, a tripartite louver vent that pierces the apex of the east gable end, and a rooftop weathervane. A secondary entrance at the north end of the east elevation consists of an arched wood door and is located adjacent to an attached two-car garage. Landscaped with mature trees, shrubbery and lawn, the property appears to be substantially unaltered. *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The McBride 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 Hor-er (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; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, of 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 ea-iy Russell project was his 1928 subdivision of Victoria Drive between Wesf Nineteenth Street and Wesf Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War l1 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 (2008), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The McBride House lies in the northern section of Floral Park historically known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "' Under the regulations implementing the California Register of Historical Resources, the McBride House, which is a contributor to the National Register district, has been listed in the California Register. The McBride House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of a Proto-Ranch House. It combines the shallow-eaved, front- and side- gabled, three-part fagade of the English Revival and the wood facing and round windows reminiscent of the Colonial Revival with the horizontality and rusticity associated with the emerging Ranch House style. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an intact example of a Proto-Ranch House in the Floral Park neighborhood, is a good example of period architecture." Character- deflning exterior features of the McBride House that should be preserved include, but may not be limited to, ' Determination of Eligibility, February 25, 1980. DPR 523E 2of d 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) McBride House "Recorded by Leslie J. Neumann and Laura G. Carias *Date September 15, 2008 ~ Continuation ^ Update materials and tarnishes (rusticated brick and mortar); roof confrguration and detailing; original windows and doors where extant; attached chimney; porch, and architectural details such as window shutters, attic vents, and integral firewood storage. 612. References (continued): Armor, Samuel. Hisforv of Orange Counfv. Los Angeles: History Record Company, 1921. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Hisforv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How fo Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Inferior, 1991. Ofr•ICe of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1932-1954. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies,"Orange County Register. September 15, 1981. `History of Floral Park." http.//www.floral-park.com/page2.hfml. DPR 523E ^ ~~ 5 MILLS ACT AGREEMENT 2403 North Riverside Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 1, 2008 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 John Thuman, (hereinafter referred to as "Owners"), owner of real property located at 2403 North Riverside Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2403 North Riverside Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -y1~q' 3,~ E7rrl:.7 V ~ 1 MILLS ACT AGREEMENT 2403 North Riverside Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 1, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25C-12 MILLS ACT AGREEMENT 2403 North Riverside Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25C-13 MILLS ACT AGREEMENT 2403 North Riverside Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25C-14 MILLS ACT AGREEMENT 2403 North Riverside Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2403 North Riverside Drive, Assessor Parcel Number, 002-050-16, 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: John Thuman 2403 North Riverside Drive Santa Ana, CA 92706 -5- 25C-15 MILLS ACT AGREEMENT 2403 North Riverside Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25C-16 MILLS ACT AGREEMENT 2403 North Riverside Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: John Thuman APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25C-17 MILLS ACT AGREEMENT 2403 North Riverside Drive Santa Ana, CA 92706 Exhibit A TR 425 LOT 26 E1/2 THEREO F(LOT 27 WLY 32 FT THEREOF(LOT C WLY 109.4 F T ELY 123 FT THEREOF Assessor Parcel No. 002-050-16 -s- 25C-18 MILLS ACT AGREEMENT 2403 North Riverside Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25C-19 MILLS ACT AGREEMENT 2403 North Riverside Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- 25C-20 MILLS ACT AGREEMENT 2403 North Riverside Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25C-21 _. ' - 0 Front elevation `,,`~--- ` ~.... _ ~: a a z O a v O J 0 I- a w ~oC 0 W W OC I- GC O z M O N 0 .N L o o I I I I I - - - - • - . - . - . - . - . _I 0 Z -12- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-18 FOR THE PROPERTY LOCATED AT 2103 NORTH ROSS STREET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Susan Edwards for the structure located at 2103 North Ross Street, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Susan Edwards for the structure located at 2103 North Ross Street, subject to non-substantive changes approved by the City Manager and City Attorney at its November 6, 2008 meeting by a vote of 4:0 (Rogers and Schaefer absent, O'Callaghan abstained). DISCUSSION After the public hearing on November 6, 2008, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25D-1 HPP Agreement No. 2008-18 December 1, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $160.98 to $804.89 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~-- Jay Trevino Executive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency ~~ HS:rb hs\historic info\mille act agreements\2103 N_ROSS\hppa08-lB.cc 25D-2 REQUEST FOR Historic Resources Commission Action Hsrowc ~rsouRCl`s colvMSSioN ni~rr~c ao-Tr=: NOVEMBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-18 FOR THE PROPERTY LOCATED AT 2103 NORTH ROSS STREET Prepared by Hally Soboleske ~rowc ~sou~s conioni sECx~ra~r APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO ~~~ ~ Executive Director Planning Man ger RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Susan Edwards for the structure located at 2103 North Ross Street, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, Susan Edwards, requests the approval of Historic Property Preservation Agreement No. 2008-18 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single story English Revival with a detached garage located at 2103 North Ross Street (Exhibit 1) The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25D-3 HPPA No. 2008-18 November 6, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in November 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this English Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with recommended action is Section 15061(b)(3), from further review. project. the California Environmental Quality Act, the exempt from further review under General Rule and therefore, the recommended action is exempt A Notice of Exemption will be filed for this (1// Ha ly S oleske Associate Planner HS:jm hs\historic info\mills act agreements\hppa08-18.hrc Sercjio Princi 25D-4 2205 2208 ~ 221 2 0 4 220U-22019 22W W G~ ?!k ?207 I1f0 @1 ,: ~,, , ,:t 113 ,y;;, 2130 2121 2128 .~' w Zp~ i 2028 > 20]8 IOrI ~ ~ 2020 2010 H tors sae 20QQ 2oo~t ~ -- r928 2001 2003 2003 500' RADIUS HPPA-2008-18 2103 N . Ross Street PLANNING AND BUILDING AGENCY E~ EXECUTIVE SUMMARY ROWELL HOUSE 2103 North Ross Street Santa Ana, CA 92706 NAME Rowell House REF. NO. ADDRESS 2103 North Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1932 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches maybe used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the facade and are often multi-paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARY/CONCLUSION: The Rowell House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the English Revival style in the Floral Park neighborhood "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservafion, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. E~b~~~ State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Primary HRI # Trinomial NRHP Status Code Review Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorded Rowell Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2103 North Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-111-31 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in smooth stucco, this one-story residence displays the typical characteristics of the English Revival style. Roughly L- shaped in plan, the home is capped with amedium-pitched complex roof, consisting of a hip-on-gable with two front-gabled wings of varying heights and projections. On the fagade, the rounded gable ends terminate in rolled edges, meant to suggest thatching. Rectangular, louvered attic vents pierce the gables apexes. On the side elevations, shallow overhanging eaves with thin bargeboards mark the roof line. On the facade's north half, a prominent arched picture window, slightly recessed, is centered on the projecting wing. The south wing displays a set of wood-framed double-hung windows flanked by decorative shutters. Side elevations echo this fenestration pattern, with wood-framed windows in a variety of configurations. Located roughly in the center of the fagade, the west-facing entry consists of a set of double wood doors, topped with a four transom lights with pointed arches. Elevated on three steps, the entry is sheltered beneath a fabric awning supported on thin iron poles. Located southeast of the property, a detached garage is capped with afront-gabled roof edged with rolled shingles. Alterations include a nonoriginal entry and garage door, as well as the addition of board-and-batten siding to the wall adjacent to the entry. The residence is otherwise largely intact and enhanced through mature landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other PSb. Photo: (view and date) West elevation August 2008 *P6. Date Constructed/Age and Sources: ^historic 1932/Cify of Santa Ana Building Permits *P7. Owner and Address: Sue Edwards 2103 N. Ross Street Santa Ana, CA 92706 *P8. Recorded by: D. Howell-Ardila and L. Carias Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: October 20, 2008 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) *Required information 2 ~'V ~_/ report antl 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 3 *CHR Status Code 5S1 resource name or ~: rcowel- mouse B1. Historic Name: Rowell House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: English Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1932 May 28, 1932. Residence and garage constructed for $5,000. April 7, 1943. Fireplace added, $200. February 2, 1971. Swimming pool, $2,800. February 2, 1971. Six electric outlets and one fixture installed. March 24, 1971. Patio roof installed, $770. November 29, 2004. Re-roof with tear off, $6,440. *67. Moved? ^No Yes DUnknown Date: Original Location: *Bt3. Related Features: None. 69a. Architect: Unknown b. Builder: Unknown *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Rowell House is architecturally significant as an intact and representative example of the English Revival style. The original building permit issued on May 28, 1932, indicates that the house was built for $5,000 by Horace Culfer. When the improvement first appeared in city directories in 1934, Lloyd G. Rowell, the district manager for the US Equitable Life Assurance Society, and his wife Isabel were listed as the home's first occupants. 8y 1938, the residence was the home of Alfred Bradley, the manager of Burroughs Adding Machine Company, and his wife Arlene. Residency had shifted again by 1945, when the home was the address for Harold Smith (1941). Two years later, in 1947, Earl J. Hanna, general manager of the Santa Ana Daily Register. and his wife Naomi resided in the home, where they remained until the early 1960s. Ownership and occupancy of the home shifted on several occasions in the intervening decades. (See Continuation Sheet 3 of 3.) 611. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) 613. Remarks: *B14. Evaluator: Deborah Howell-Ardila *Date of Evaluation: October 20, 2008 (This space reserved for official comments.) DPR 5238 (1/95) Sket ch M ap 0 002-111-31 . ~ ~ 2103 N. Ross Street ~° Q~ V ~ ~ ® ~~ 0 ~~ --R Q s O r ~ ~ ~ O ~ ° o c ~ x O i *Required information ~9~-8 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Rowell House "Recorded by Deborah Howell-Ardila and Laura Carias *Date October 20, 2008 ~ Continuation ^ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Rowell House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on fo complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during Worid War ll, and the 1960 Honer Shopping Plaza: Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War ll years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2008) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Rowell House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the English Revival style. Typical features of this style illustrated by the house include its asymmetrical design composition; combination of stucco cladding with sparse ornament; shingle roof with rolled edges; pointed and arched windows and transom lights; and its overall emphasis on vertical features. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an example of the English Revival style `is a good example of period architecture." Character-defining exterior features of the Rowell House that should be preserved include, but may not be limited to, materials and finishes (smooth stucco finish and wood); roof configuration and detailing; original windows and doors where extant' architectural details such as the rounded gables with rolled edges. *612. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Franklin, Don. `IVW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room Historic House File, circa 1995. Santa Ana and Orange County Directories, 1930-1965. DPR 523E ~ Yd$e.~ f 4~ MILLS ACT AGREEMENT 2103 North Ross Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 1, 2008 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 Susan Edwards, (hereinafter referred to as "Owners"), owner of real property located at 2103 North Ross Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2103 North Ross Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E~10 MILLS ACT AGREEMENT 2103 North Ross Street Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 1 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25D-11 MILLS ACT AGREEMENT 2103 North Ross Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 2~D-12 MILLS ACT AGREEMENT 2103 North Ross Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %i) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by 2~D-13 MILLS ACT AGREEMENT 2103 North Ross Street Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2103 North Ross Street, Assessor Parcel Number, 002-111-31, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner'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: Susan Edwards 2103 North Ross Street Santa Ana, CA 92706 2~D-14 MILLS ACT AGREEMENT 2103 North Ross Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 2~D-15 MILLS ACT AGREEMENT 2103 North Ross Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Susan Edwards APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney 2~D-16 MILLS ACT AGREEMENT 2103 North Ross Street Santa Ana, CA 92706 Exhibit A PARCEL 1: LOT 30 OF TRACT NO. 788, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 23, PAGE(S) 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor Parcel No. 002-111-31 - s.- 25D-17 MILLS ACT AGREEMENT 2103 North Ross Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25D-18 MILLS ACT AGREEMENT 2103 North Ross Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io.- 25D-19 MILLS ACT AGREEMENT 2103 North Ross Street Santa Ana, CA 92706 Exhibit C (photographs attached) -, -11- 25D-20 ~_ a Q O O J 0 H W O O M O r N L ''N^^ VJ I..L M t1') ^ '~t .-- ^ ^ I I ^ I ^ i I I ^ I ^ I I 2 ^ F- Z I O I 25~~21 25D-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-19 FOR THE PROPERTY LOCATED AT 2481 NORTH RIVERSIDE DRIVE (-r" ~ +- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Richard W. and Christine Luesenbrink for the structure located at 2481 North Riverside Drive, subject to non- substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Richard W. and Christine Luesenbrink for the structure located at 2481 North Riverside Drive, subject to non-substantive changes approved by the City Manager and City Attorney at its November 6, 2008 meeting by a vote of 5:0 (Rogers and Schaefer absent). DISCUSSION After the public hearing on November 6, 2008, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25E-1 HPP Agreement No. 2008-19 December 1, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $178.53 to $892.64 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: (_, \. Jay M. Trevino Exet~utive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency HS:rb hs\historic info\mills act agreements\2481_N_Riverside\hppa08-19.cc 25E-2 REQUEST FOR Historic Resour+oes Commission Action I~ISro~lc ~ouRCES ooni~.ssioN n~~ric a4Te: NOVEMBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-19 FOR THE PROPERTY LOCATED AT 2481 NORTH RIVERSIDE DRIVE Prepared by Hally Soboleske ~ro~c ~souRC~s c~oMnn~sslor~ sEC~ra~r APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO _ ~f A.~-Qit~ t-t Ex cutive Director Planning Mana RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Richard W. and Christine Luesenbrink for the structure located at 2481 North Riverside Drive, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicants, Richard W. and Christine Luesenbrink, request the approval of Historic Property Preservation Agreement No. 2008-19 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a one and a half story Tudor Revival House with detached garage located at 2481 North Riverside Drive (Exhibit 1) . The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills. Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25E-3 HPPA No. 2008-19 November 6, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in November 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Tudor Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. t~- Hally Sob eske Associate Planner HS j m hs\historic info\mi11s act agreements\hppa08-19.hrc Sergi ~1~zJ, ~CP Princ p 1 P a er 25E-4 F ~ J Zi J; J ' w w o ~ ~ ~ ~ I . ~ ~ ~ ' PARK LN j SHARDN RG _ _, _ _~? _ j a JONQUIL RD 5' _ R LN ~ , . _ ~ ~ __ -_ --`-y- pR ~ RN~E~''- ~ _ '~ .. .. .. . ~.. ~4 ~1~ ._ RIVIERA T' ~__ ~! i.' ~, ~ ~ G ~ o, Q ~i ?; 3 ~' E ~ ~~ STACLARA ~y ~~ _ ~- - .; __ _ __ ,.._ __ ~.. -- 6 500' RADIUS _ r'l.Ri. W RI':'ER;;IC:? Dig SANTA CLARA AV T._.- .. aE~IGTr:GP:: GFi ~_' '- Q. rv,~eTH aazK r~v~ .3 _., ~. soNN,E aRAE ~ m' HPPA-2008-19 2481 North Riverside Drive PLANNING AND BUILDING AGENCY 2I~T' ~ EXECUTIVE SUMMARY BROWN MCDONALD HOUSE 2481 North Riverside Drive Santa Ana, CA 92706 NAME Brown-McDonald House REF. NO. ADDRESS 2481 North Riverside Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1934 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the facade and are often multi-paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARY/CONCLUSION: The Brown-McDonald House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the English Revival style in the Floral Park neighborhood "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 551: Individual property that is listed or designated locally. State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 3 Resource name(s) or number (assigned by recorder) P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2481 N. Riverside Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-050-02 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Sheathed in smooth stucco and patterned brick, this rectangular one- and one-half story residence features the trademark characteristics of the Tudor Revival style. It is capped with a complex, steeply-pitched, cross-gabled roof. The focal point of the fagade is a series of staggered front gables of varying roof heights, terminating in plain wood vergeboards and shallow eaves. On the fagade's north half, the higher of the two gables is faced with smooth stucco and no applied ornament. Centered beneath the gable apex is a prominent attached brick chimney, obscured in ivy. Flanking the chimney is a pair of eight-light wood-framed casement windows, framed by shutters. Centered on the fagade, a lower front-gabled wing sheathed in patterned brick shelters the entry. Accessed via a walkway that bisects the lawn, the entry is elevated on two steps and consists of a wood door framed by a decorative brick arch. Fenestration on the fagade displays six-over-six double-hung sashes and multi-light casements with wood frames and shutters. This fenestration pattern is repeated on the side elevations, which display a series of multi-light windows in a variety of configurations. Alterations include asecond-story addition to the attic in the rear elevation (from which a nonoriginal front gable rises), as well as additions to the kitchen on the north elevation, and a nonoriginal garage door. In excellent repair and further enhanced by mature trees and landscaping, the residence is otherwise intact.. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) West elevation August 2008 *P6. Date Constructed/Age and Sources: ^historic 1934/City of Santa Ana Building Permits *P7. Owner and Address: Richard & Christine Luesenbrink 2481 N. Riverside Drive Santa Ana, CA 92706 *P8. Recorded by: D. Howell-Ardila Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: October 20, 2008 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) *Required information 2 ~~~~ 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 3 *CHR Status Code 5S1 *Resource Name or #: Brown-McDonald House B1. Historic Name: Brown-McDonald House B2. Common Name: Same 63. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: English Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1934 November 9, 1934. Residence and garage constructed for $4,000. January 18, 1944. Termite Work by Aitken. $135 July 17, 1971. Air Handling by E.L. Payne July 19, 1971. Electrical, wired unit & meter by Byington Electric. June 26, 1992. Reroof, comp over comp (house) June 26, 1992. Reroof, comp over comp (garage) $575 January 19, 1994. New bedroom addition and second floor (270sf), vent system, and 270sf wiring/smoke det. *67. Moved? ^No f]Yes f7Unknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10: Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Brown-McDonald House is architecturally significant as an intact and representative example of the English Revival style. The original building permit, issued on November 9, 1934, indicates that the house was built for $4,000 by Horace Head. Horace Head was one of Orange County's most prominent attorneys (Santa Ana's Historic Treasures). The first resident of this home was Paul M. Brown, and his wife Mary Alice. Paul was a textile worker at Santa Ana Woolen Mills. The Browns were only there for a short period before moving to a house on Spurgeon, and sold this Riverside Drive home to Chester 1. McDonald and his wife Willa. Chester was a district manager for the Southeem California Telephone Company. Chester Jr. also lived in the home for a brief time with the 1937 Santa Ana directories listing him as a student. By 1939, Chester Jr. had moved out and married Jean. The McDonald's lived here for a least a decade as a 1947 directory lists Chester as a district manager of Pacific Telephone and Telepraph Company. Ownership and occupancy of the home shifted on several occasions in the intervening decades. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Deborah Howell-Ardila (This space reserved for official comments.) Sketch Map 002-050-02 2481 N. Riverside Drive - sra~r ~O ~ ~' t s " ,, n M CU ~ ~. p- O ' ,~ ' $ O. ,~ ~"O~- ~ *Date of Evaluation: October 20, 2008 G1'? ~ ~ '3 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Brown-McDonald House 'Recorded by Deborah Howell-Ardila and Laura Carias *Date October 20, 2008 ^x Continuation ^ Update DPR 5238 (1/95) *Required information *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Brown-McDonald House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. !n the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War ll years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2008) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Brown-McDonald House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an example of the English Revival style. Typical features of this style illustrated by the house include its asymmetrical design composition; combination of stucco cladding with sparse ornament; shingle roof with rolled edges; pointed and arched windows and transom lights; and its overall emphasis on vertical features. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an example of the English Revival style `is a good example of period architecture." Character-defining exterior features of the Brown-McDonald House that should be preserved include, but may not be limited to, materials and finishes (smooth stucco finish and brick); roof configuration and detailing; original windows and doors where extant; architectural details such as the steep gables. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form. "Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Armor, Samuel. History of Orange Counfv. Los Angeles: History Record Company, 1921. Franklin, Don. "IVW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room Historic House File, circa 1995. Santa Ana and Orange County Directories, 1930-1965. DPR 523E PaB~ `)trQt~ ~ _~ MILLS ACT AGREEMENT 2481 Riverside Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 1, 2008 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 Richard W. Luesebrink and Christine Luesebrink, (hereinafter referred to as "Owners"), owner of real property located at 2481 Riverside Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2481 Riverside Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- ~0 MILLS ACT AGREEMENT 2481 Riverside Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 1, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25E-11 ~~ MILLS ACT AGREEMENT 2481 Riverside Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25E-12 MILLS ACT AGREEMENT 2481 Riverside Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25E-13 MILLS ACT AGREEMENT 2481 Riverside Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2481 Riverside Drive, Assessor Parcel Number, 002-050-02, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Richard W. Luesebrink and Christine Luesebrink 2481 Riverside Drive Santa Ana, CA 92706 -5- 25E-14 MILLS ACT AGREEMENT 2481 Riverside Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25E-15 MILLS ACT AGREEMENT 2481 Riverside Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Richard W. Luesebrink Date: By: Christine Luesebrink APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney 2~E-16 MILLS ACT AGREEMENT 2481 Riverside Drive Santa Ana, CA 92706 Exhibit A LOT 3 OF TRACT N0.754, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 22, PAGE 37, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor Parcel No. 002-050-02 -g- 25E-17 MILLS ACT AGREEMENT 2481 Riverside Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement. is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25E-18 MILLS ACT AGREEMENT 2481 Riverside Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - to - 25E-19 MILLS ACT AGREEMENT 2481 Riverside Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25E-20 MILLS ACT AGREEMENT 2481 Riverside Drive Santa Ana, CA 92706 -12- 25E-21 MILLS ACT AGREEMENT 2481 Riverside Drive Santa Ana, CA 92706 2~~-22 MILLS ACT AGREEMENT 2481 Riverside Drive Santa Ana, CA 92706 -14- 25E-23 Q Z O O J O O a W OC W tl) W OC O z 00 N .~ 0 .N L ^ o I ~ Sri ^ I • M ' I ^ ~ ~ I I • ~~ Z 25E-?4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-20 FOR THE PROPERTY LOCATED AT 2018 NORTH GREENLEAF STREET ~' - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Barton A. Beach and Diane L. Willis for the structure located at 2018 North Greenleaf Street, subject to non- substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Barton A. Beach and Diane L. Willis for the structure located at 2018 North Greenleaf Street, subject to non-substantive changes approved by the City Manager and City Attorney at its November 6, 2008 meeting by a vote of 3:2 (Chinn and Dickman opposed, Rogers and Schaefer absent). DISCUSSION After the public hearing on November 6, 2008, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A) Additionally, the agreement prevents inappropriate alterations. 25F-1 HPP Agreement No. 2008-20 December 1, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $57.43 to $287.14 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~_ JaK Trevino Executive Director Planning & Building Agency ` ~. Francisco Gutierrez Executive Director Finance & Management Services Agency HS:rb hs\historic info\mills act agreements\2018 N_Greenleaf\hppa08-20.cc 25F-2 REQUEST FOR Historic Resources Commission Action MSTORIC RESOURCES OOMIUISSION IV~TNG DATE: NOVEMBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-20 FOR THE PROPERTY LOCATED AT 2018 NORTH GREENLEAF STREET Prepared by Hally Soboleske HISTORIC RESOURCES CONAIAISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO _ ~Gtc,P,vt_ ~L ~- . Executive Director Planning Ma ger RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Barton A. Beach and Diane L. Willis for the structure located at 2018 North Greenleaf Street, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicants, Barton A. Beach and Diane L. Willis, request the approval of Historic Property Preservation Agreement No. 2008-20 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single story English Revival with an attached garage located at 2018 North Greenleaf Street (Exhibit 1). The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25F-3 HPPA No. 2008-20 November 6, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Key in July 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this English Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Hally Soboleske Associate Planner HS j m hs\historic info\mills act agreements\hppa08-20.hrc Sergioot~,j A~CP Princi 1 P er 25F-4 2127 I t 18 2127 2114 2t1J 2!2! 2tt2 211q 2117 ~,,~ ,~', ,. 2111 c~r1 2101 OC 2103 2043 1~ F- Q t923 1919 191# 1901 901 1907 ., ~« ~ r ~ 19TH ST 500' RADIUS HPPA-2008-20 2018 North Greenleaf Street PLANNING AND BUILDING AGENCY 2~,~,v~IT i EXECUTIVE SUMMARY LARSEN-WAHLBERG HOUSE 2018 North Greenleaf Street Santa Ana, CA 92706 NAME Larsen-Wahlberg House REF. NO. ADDRESS 2018 North Greenleaf Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches maybe used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the facade and are often multi-paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARY/CONCLUSION: The Larsen-Wahlberg House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Key" because it is associated with avocado industry pioneer, Harold Wahlberg. (Municipal Code, Section 30-2.2-a-4-b). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) SSl: Individual property that is listed or designated locally. I IT 2 2 ~~Y°s~~f 5 State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Primary #. HRI # Trinomial NRHP Status Code Review Code Reviewer Date Page 7 of 4 Resource name(s) or number (assigned by recorder) Larsen-Wahlberg House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA2555 Date: *c. Address 2018 North Greenleaf Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-081-36 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Rectangular in plan, this one-story residence displays characteristics typical of the English Revival style. Capped with a medium-pitched cross-gabled roof, the roof line terminates in rolled edges, meant to suggest thatching. The focal point of the fagade is a projecting, front-gabled wing, whose uneven rake extends on the south side to shelter a small arched window, screened behind spindlework. Centered beneath the gable apex, a large arched picture window is framed by scored plaster, meant to resemble quoined masonry. An arched vent consisting of horizontal louvers pierces the apex of the front and side gables. Placed at the intersection of the front- and side gabled wings, the south-facing wood entry is elevated three steps and recessed within a thin wood frame. An arched panel, within which a small window opens, characterizes the entry door. Extending south, the side-gabled wing fenestration consists of a large picture window and a tripartite window composed of two casements flanking a center fixed sash. Windows are shallowly recessed, with thin wood frames. This fenestration pattern is echoed on the south elevation, which displays a band of five casement and fixed-pane windows, enclosed in wood frames. Shallow eaves and exposed rafters (somewhat hidden by a newer gutter) mark the roof line of the side gable. An attached chimney is located on the north elevation, which displays wood-framed windows in a variety of configurations. Located southwest of the residence, the one-story garage features a row of four side-hinged, wood garage doors. Alterations to the property include application of anon-original stucco finish to the residence and parapet of the garage. *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 May 2008 *P8. Date Constructed/Age and Sources: ^historic 1930/City of Santa Ana Building Permits *P7. Owner and Address: Barton Beach and Diane L. Willis 2018 N. Greenleaf St. Santa Ana, CA 92706 *P8. Recorded by: L. Neumann and D. Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: May 8, 2008 *P10. Survey Type: Intensive Survey Update *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) 2 ~ ~a~e/~ of 5 'Required information *P11. Report Citation: (Cite survey report and other sources, or enter "none") State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 "Resource Name or ~: Larsen-Wahlberg House B1. Historic Name: Larsen-Wahlberg House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: English Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1930 April 1, 1930. Residence and garage constructed for $5,450. February 14, 1994. Reroof residence with tear-off, new composition shingles, $8,400. *67. Moved? ^No ^Yes Unknown Date: Original Location: *B8. Related Features: Garage. 69a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Larsen-Wahlberg House is architecturally significant as a relatively intact example of the English Revival style and is of cultural interest for its association with Harold Edward Wahlberg. According to the original building permit, dated April 1, 1930, the residence and garage were constructed for Lars C. Larsen at a cost of $5,450. Larsen worked as a pharmacist in the early 1930s and as a painter from circa 1937 to 1945. He resided in the home with his wife Nellie until his death in 1947. Mrs. Larsen remained in the residence for several more years, until selling the property to Harold Edward Wahlberg and his wife Bertha in 1950. From 1918 to 1953, Harold Wahlberg served as farm advisor for Orange County, a position run under the auspices of the University of Califomia College of Agriculture and the United States Department of Agriculture. Born in Seattle, Washington, in 1890 and raised on a farm, Wahlberg studied horticulture at Oregon State University of Co-vallis. After graduating, he moved to Yolo County, Califomia, where he established and ran a 1,200-acre farm. In 1918, after contracting malaria, Wahlberg moved to the warmer, drier climes of Orange County, where he accepted the post as farm advisor. Over the course of his 35-year career as farm advisor, Wahlberg conducted numerous cost analysis studies relating to the agricultural sciences, including topics related to citrus, walnut, and avocado crops, publishing results, as well as tips for farmers, in local newspapers such as the Santa Ana Register. Orange Counfv Farm News, as well as the Los Angeles Times. In the early 1930s, Wahlberg !ed studies on the introduction of the avocado in Orange County as well as the negative impact of the Santa Ana winds to local crops. Wahlberg's solution of planting windbreaks to shield fruit and trees from the Santa Ana winds proved effective, and during his first several years as farm advisor, tree windbreaks expanded from approximately 10 miles to 1,100 miles. From circa 1922 to 1950, spanning most of Wahlberg's tenure as farm advisor, he and his wife resided at 619 South Broadway in Santa Ana. In 1950, three years before retiring, Wahlberg purchased 2018 North Greenleaf. After Mrs. Wahlberg passed away in 1985, Harold Wahlberg remained in the residence until his death at the age of 99 in 1989. The Wahlbergs' heirs sold the residence to Barton Beach in 1991, who as of 2008 still resides in the property with his wife Diane Willis. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: (This space reserved for official comments.) Sketch Map -U v -- ~-- O __ O '~ --- h . O a_ ---_0--~ 2018 N. Greenleaf St. 002-081-36 - -c0 ~ ~ __O ~ ~' $'~ ~ „ ~_ O _ w o I *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: May 8, 2008 ~ ~~_~ 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) Larsen-Wahlberg House 'Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date May 8, 2008 O Continuation ^ Update DPR 5238 (1195) *Required information *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arriva! of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Larsen-Wahlberg House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2008), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home fo many affluent and prominent citizens. The Larsen-Wahlberg House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Reviva! style. Typical features of this style illustrated by the house include its asymmetrical composition; multi-gabled roof with rolled eaves; casement windows; and its overall emphasis on verticality. Additionally, the house has been categorized as `Key" because of its association with Harold Wahlberg, a pioneer in the avocado-growing industry. Character-defining exterior features of the Larsen-Wahlberg House that should be preserved include, but may not be limited to, materials and finishes (wood); roof configuration and detailing; original windows and doors where extant; attached chimney,' architectural details such as the rolled wood shingles on the eaves and scored plaster quoining surrounding the picture window on the facade. 612. References (continued): Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, p. 1306. Franklin, Don. "IVW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room, Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. McGuinnes, Liz. `A Fruitful Career: Mosquito Bite Changed a Life." Los Angeles Times. September 24, 1980, part V, pp. 1 and 8. 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. Santa Ana and Orange County Directories, 1932-1954. (See Continuation Sheet 3 of 4.) DPR 523E ~ ~ ~f 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) Larsen-Wahlberg House xRecorded by Leslie J. Neumann and Deborah Howell-Ardila *Date May 8, 2008 O Continuation ^ Update 612. References (continued): Wahlberg, Harold E. `The Farm Bureau of Orange County,"History of Orange County. California. ed. J.E. Pleasants, vol. l., pp. 264-79. Los Angeles, CA: J.R. Finnell & Sons Publishing Company, 1931. . "Pencil's a Farm Tool Now. "Los Angeles Times. April 16, 1933. Available on ProQuest Historical Los Angeles Times (1886-Current File). Accessed May 8, 2008. . "Why Bow fo Winds: They Cost Us More Than Windbreaks." Los Angeles Times, April 22, 1934. Available on ProQuest Historical Los Angeles Times (1886-Current File). Accessed May 8, 2008. . "Walnut 'Low Down' : Cost Factors Pegged and Analyzed. "Los Angeles Times. June 3, 1934. Available on ProQuest Historical Los Angeles Times (1886-Current File). Accessed May 8, 2008. . 'High Land Cost Threatens Southland Walnut Industry: Orange County Farm Adviser Says Production Expense Greater than that in Northern Groves. "Los Angeles Times, July 17, 1939. Available on ProQuest Historical Los Angeles Times (1886-Current File). Accessed May 8, 2008. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Mr. and Mrs. H.E. Wahlberg Celebrate 6 Wedding Anniversary," Santa Ana Register. August 16, 1980. `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. DPR 5231 ~ ~ ~ O MILLS ACT AGREEMENT 2018 North Greenleaf Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 1, 2008 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 Barton A. Beach and Diane L. Willis, (hereinafter referred to as "Owners"), owner of real property located at 2018 North Greenleaf Street, Santa Ana, California, 92703 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2018 North Greenleaf Street, Santa Ana, CA, 92703 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E~~~ 1 MILLS ACT AGREEMENT 2018 North Greenleaf Street Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 1, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: 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- 2~~F-12 MILLS ACT AGREEMENT 2018 North Greenleaf Street Santa Ana, CA 92706 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~F-13 MILLS ACT AGREEMENT 2018 North Greenleaf Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by 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. 2~F-14 MILLS ACT AGREEMENT 2018 North Greenleaf Street Santa Ana, CA 92706 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2018 North Greenleaf Street, Assessor Parcel Number, 002-081-36, 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: Barton A. Beach and Diane L. Willis 2018 North Greenleaf Street Santa Ana, CA 92706 10. General Provisions. -5- 25F-15 MILLS ACT AGREEMENT 2018 North Greenleaf Street Santa Ana, CA 92706 a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 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. -6- 25F-16 MILLS ACT AGREEMENT 2018 North Greenleaf Street Santa Ana, CA 92706 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: By: DAVID N. REAM City Manager Barton A. Beach Date: By: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney Diane L. Willis -7- 25F-17 MILLS ACT AGREEMENT 2018 North Greenleaf Street Santa Ana, CA 92706 Exhibit A TWO PARCELS: PARCEL 1 -Lot 8 of Tract No. 813 in the City of Santa Ana, in Said County and State, as per map recorded in Book 25, Page 3 of Miscellaneous Maps in the office of the County Recorder. PARCEL 2 -That portion of the west half of the southeast quarter of Section 1, Township 5 south, Range 10 west, S.B.B.&M.. Assessor Parcel No. 002-081-36 2~~-~ s MILLS ACT AGREEMENT 2018 North Greenleaf Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 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 2$F-19 MILLS ACT AGREEMENT 2018 North Greenleaf Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - to - 25F-20 MILLS ACT AGREEMENT 2018 North Greenleaf Street Santa Ana, CA 92706 Exhibit C (photographs attached) ,, ~a ,. 25~-21 MILLS ACT AGREEMENT 2018 North Greenleaf Street Santa Ana, CA 92706 ,! ~-'wy ~,., ~'" , _ _ -:,mom ~ .. . Z~F-ii MILLS ACT AGREEMENT 2018 North Greenleaf Street Santa Ana, CA 92706 25~-23 a z O a O J H W W LL Q W J Z W W OC C~ I- GC O z 00 0 N +~ L a C~ o ^ ^ I I Q ^ O o ^ M O ^ I I O O ~ 1 I ^ 0 Z 251~~24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-21 FOR THE PROPERTY LOCATED AT 2341 NORTH BONNIE BRAE 't CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Jessica Carr for the structure located at 2341 North Bonnie Brae, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Jessica Carr for the structure located at 2341 North Bonnie Brae, subject to non-substantive changes approved by the City Manager and City Attorney at its November 6, 2008 meeting by a vote of 5:0 (Rogers and Schaefer absent). DISCUSSION After the public hearing on November 6, 2008, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A) Additionally, the agreement prevents inappropriate alterations. 25G-1 HPP Agreement No. 2008-21 December 1, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $55.27 to $276.37 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: _'T ` "lam,' 1 J~y~t Trevino Executive Director Planning & Building Agency ~~ Francisco Gutierrez Executive Director Finance & Management Services Agency HS:rb hs\historic info\mills act agreements\2341_N_BonnieBrae\hppa08-21.cc 25G-2 REQUEST FOR Historic Resources Commission Action ,,~~•,:~. -~~; ~ ::.« «~ .tip • ~ ~ NOVEMBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-21 FOR THE PROPERTY LOCATED AT 2341 NORTH BONNIE BRAE HISTORIC RESOURCES OOMIAISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske Executive Director ~~ ~ ~~ Planning Hager RECOMMENDED ACTION Recommend that the City Council authorize th the Council to execute the attached agreemen structure located at 2341 North Bonnie Brae, changes approved by the City Manager and City DISCUSSION Request of Applicants e City Manager and Clerk of t with Jessica .Carr for the subject to non-substantive Attorney. The applicant, Jessica Carr, requests the approval of Historic Property Preservation Agreement No. 2008-21 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single story Spanish Colonial Revival with a detached garage located at 2341 North Bonnie Brae (Exhibit 1). The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25G-3 HPPA No. 2008-21 November 6, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Key in November 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Spanish Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. 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 under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Hally Soboleske Sergi of ICP Associate Planner Prin a P ner HS:jm hs\historic info\mills act agreements\hppa08-21.hrc 25G-4 HPPA-2008-21 2341 North Bonnie Brae PLANNING AND BUILDING AGENCY B~ 1 EXECUTIVE SUMMARY SWANNER HOUSE 2341 North Bonnie Brae Santa Ana, CA 92706 NAME Swanner House REF. NO. ADDRESS 2341 North Bonnie Brae CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies; encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red 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 wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Swanner House has been listed in the California Register of Historical Resources. The Swanner House also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and, as an intact and characteristic example of the Spanish Colonial Revival style, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. E~~~ State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary HRI #_ Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 4 Resource name(s) or number (assigned by recorder) Swanner House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2341 North Bonnie Brae City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-122-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Rectangular in plan, this stucco-clad, one-story Spanish Colonial Revival residence is capped by aloes-pitched, cross-gabled and flat roof. The roof's flat section, extending toward the rear elevation in the northeast comer, is fronted by a slightly stepped parapet. Clad in red clay tiles, the roof terminates in shallow overhanging eaves. Around attic vent with horizontal wood louvers pierces the apex of the gable facade. Centered on the facade, the front entry consists of a wood paneled door, recessed within a slightly arched opening topped with a sloped shed roof clad in red clay tiles. A partial length porch, defined by a low stucco-clad wall, extends west from the entry. The entry is accessed via a concrete pedestrian walkway that bisects the front lawn. On the facade's west half, fenestration is provided through a tripartite window with a fixed center pane, flanked bysix-over-six double-hung sashes. The east half of the facade displays a similar pair of double-hung, six-over-six wood-framed windows with plain wood surrounds. Fabric awnings supported on iron poles shelter the facade windows. Side elevations echo the facade's fenestration pattern, with a series of multi-light wood-framed windows. An attached stucco-clad chimney is located on the west elevation. Alterations include a nonoriginal garage door on the one-story, flat-roofed, stucco- clad garage located on the northwest comer of the parcel. (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 August 2008 *P8. Date Constructed/Age and Sources: ^historic 1925/City of Santa Ana Building Permits *P7. Owner and Address: Jessica Carr 2341 N. Bonnie Brae Santa Ana, CA 92706 *P8. Recorded by: D. Howell-Ardila and L. Carias Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: October 20, 2008 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") California Department of Transportation, Broadway *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) ~J DPR 523A (1/95) ~~~ / *Required information Overcrossing Historic Property Survey, March 1979. State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 1 of 4 'CHR Status Code 2D(Z) *Resource Name or #: Swanner House B1. Historic Name: Swanner House 62. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Mission/Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1925 March 17, 1925. Residence and garage constructed for $5,100. November 20, 1939. Re-roof, $80. June 17, 1946. Addition to garage, 16' x 18' (maid's room), $800. March 3, 1947. Four fixtures and one gas outlet installed, $500. May 26, 1947. Seventeen electrical outlets installed. July 2, 1947. Five electrical fixtures installed. July 6, 1960. Extension to garage for length. August 7, 1980. Change kitchen window to 3 feet x 3.4 feet, install French doors, 5 feet x 6.8 feet, build wood deck, $1,500. August 22, 1980. Twelve electrical outlets installed. *B7. Moved? ^No DYes Unknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Swanner House is architecturally significant as an intact example of the Mission/Spanish Colonial Revival style and of cultural note through its association with Orange County attorney and historian Charles D. Swanner. According to the original building permit, dated March 17, 1925, the residence and garage were constructed for Swanner and his wife Helen at a cost of $5,100. Born in Santa Ana in 1894, Swanner attended law school of the University of Southern California, graduating in 1915. During World War 1, Swanner served as a lieutenant in Company L, the Santa Ana unit of the National Guard. Upon war's end, Swanner began practicing law in Santa Ana. In 1926, one year after construction of 2341 North Bonnie Brae, Swanner was elected city attorney of Santa Ana. Although the Swanners remained in the property only until circa 1930, Swanner distinguished himself later in his career by authoring four influential books on the history of Orange County, including Those Were the Davs. Story of Comoanv `L'. Santa Ana's Own. and Santa Ana: A Narrative of Yesterday. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14. Evaluator: Deborah Howell-Ardila *Date of Evaluation: October 20, 2008 (This space reserved for official comments.) Sketch Map ----- ••' ----~°~--- G' ~J _ 002-122-11 -.- 2341 N. Bonnie Brae ~ ,,, ;~x_ o i -- + ,~ - _ ~ -- ~` 7 ~ Nlgry W V O O ~ ~~' ~ O DPR 523B (1/95) Q 'Required information ~~~V 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) Swanner House *Recorded by Deborah Howell-Ardila and Laura Carias *Date October 20, 2008 O Continuation ^ Update *B10. Significance (continued): Through the 1930s, the home was address to Thomas E. Stephenson and his wife Josephine (1932); salesman Henry F. Osgood and his wife Ruth (1933 to 1934); Lawrence M. Young, a physician, and his wife Grace (1935); and Raymond M. Taylor, a supervisor with Edison Company, and his wife Mildred. In the 1940s, occupancy again shifted, as Forrest R. Menzie, the owner of a television service shop called Menzie Tele-Sound, and his wife Marie lived in the residence from circa 1945 through 1956. Ownership has shifted on several occasions in the intervening decades. Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Swanner 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; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2008), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Swanner House lies in the northern section of Floral Park historically known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "' Under the regulations implementing the California Register of Historical Resources, the Kelly House, which is a contributor to the National Register district, has been listed in the California Register. The Swanner House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Typical features of this style illustrated by the house include its smooth stucco finish; low-pitched cross-gabled roof with red clay tiles, shallow eaves, and use of a stepped parapet; and wood-framed, multi-light windows. Additionally, the house has been categorized as `Key" because it "The building is associated with a significant person in the city."of Santa Ana, and is an intact example of the Spanish Colonial Revival style in the Floral Park neighborhood. Character-defining exterior features of the Swanner House that should be preserved include, but may not be limited to, materials and finishes (smooth stucco finish, wood, red clay tiles); roof configuration and detailing; and original windows and doors where extant. ' Determination of Eligibility, February 25, 1980. DPR 523E 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) Swanner House *Recorded by Deborah Howell-Ardila and Laura Carias *Date October 20, 2008 ^X Continuation ^ Update B12. References (continued): Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Pleasanfs, Mrs. J. E. History of Orange County. California. volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 85-86. Santa Ana and Orange County Directories, 1932-1954. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. "County Lawyer-Historian Charles D. Swanner Dies," Santa Ana Register. January 7, 1979. `Builder of Honer Plaza Dies," Orange County Register, September 15, 1981. `History of Floral Park." hftp://www.floral-nark.com/page2.htm1. DPR 523E ~ ~a~ ~f~ O MILLS ACT AGREEMENT 2341 Bonnie Brae 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 December 1, 2008 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 Jessica Carr, (hereinafter referred to as "Owners"), owner of real property located at 2341 Bonnie Brae, 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 2341 North Bonnie Brae 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. C~~ 1 MILLS ACT AGREEMENT 2341 Bonnie Brae Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 1, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: 2~G-12 MILLS ACT AGREEMENT 2341 Bonnie Brae 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~G-13 MILLS ACT AGREEMENT 2341 Bonnie Brae Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by 2~G-14 MILLS ACT AGREEMENT 2341 Bonnie Brae 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 2341 Bonnie Brae, Assessor Parcel Number, 002-122-11, 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: Jessica Carr 2341 Bonnie Brae Santa Ana, CA 92706 2~G-15 MILLS ACT AGREEMENT 2341 Bonnie Brae Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 2~G-16 MILLS ACT AGREEMENT 2341 Bonnie Brae Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Jessica Carr APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney ~~G-17 MILLS ACT AGREEMENT 2341 Bonnie Brae Santa Ana, CA 92706 Exhibit A LOT 231 OF TRACT N0.425, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 16, PAGE 33 AND 34, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor Parcel No. 002-122-11 2~G-18 MILLS ACT AGREEMENT 2341 Bonnie Brae 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 2~G-19 MILLS ACT AGREEMENT 2341 Bonnie Brae 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 - 25G-20 MILLS ACT AGREEMENT 2341 Bonnie Brae Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25G-21 MILLS ACT AGREEMENT 2341 Bonnie Brae Santa Ana, CA 92706 -12- 25G-22 MILLS ACT AGREEMENT 2341 Bonnie Brae Santa Ana, CA 92706 -13- 25G-23 a Q Z O a 0 J 0 O a w W O O Z r' M N L m .~ m • mwz~Oz ~Q}- ~; 0 i I ^ M U I • I • N ~, O ^ ~ O ~ I ~ I I • i ^ I i O ^ 2 H O z -14- 25G-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-22 FOR THE PROPERTY LOCATED AT 2434 NORTH HELIOTROPE ,: (~i 'L-t ` ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Marc and Lisa Garnica for the structure located at 2434 North Heliotrope Drive, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Marc and Lisa Garnica for the structure located at 2434 North Heliotrope Drive, subject to non- substantive changes approved by the City Manager and City Attorney at its November 6, 2008 meeting by a vote of 5:0 (Rogers and Schaefer absent). DISCUSSION After the public hearing on November 6, 2008, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A) Additionally, the agreement prevents inappropriate alterations. 25H-1 HPP Agreement No. 2008-22 December 1, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $70.75 to $353.76 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~~ 1 ~~~~~~~~ Jay~i. Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agenc~;~- HS:rb hs\historic info\mills act agreements\2434_N_Heliotrope\hppa08-22.cc 25H-2 REQUEST FOR Historic Resources Commissan Action HSTORIC RES0URCES CONMSSION NFETNG DATE: NOVEMBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-22 FOR THE PROPERTY LOCATED AT 2434 NORTH HELIOTROPE HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske Executive Director Planning Ma ager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Marc and Lisa Garnica for the structure located at 2434 North Heliotrope Drive, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicants, Marc and Lisa Garnica, request the approval of Historic Property Preservation Agreement No. 2008-22 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single story English Revival House with detached garage located at 2434 North Heliotrope Drive (Exhibit 1) The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25H-3 HPPA No. 2008-22 November 6, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in November 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this English Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project . r Hal Soboleske Associate Planner HS j m hs\historic info\mills act agreements\hppa08-22.hrc Sergio Princi 25H-4 HPPA-2008-22 2434 North Heliotrope Drive PLANNING AND BUILDING AGENCY ~I~T 1 EXECUTIVE SUMMARY MEYER HOUSE 2434 North Heliotrope Drive Santa Ana, CA 92706 NAME Meyer House REF. NO. ADDRESS 2434 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1926 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the facade and are often multi-paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Meyer House has been listed in the California Register of Historical Resources. The Meyer House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and, as an intact and characteristic example of the English Revival style, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. EXHIBIT 2 2~~1'--~ State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Reviewer. 4 Resource name(s) or number (assigned by recorder) Meyer House Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2434 North Heliotrope Drive City Santa Ana Zip 92706 "e. Other Locational Data: Assessor's Parcel Number 002-063-10 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in smooth stucco, this one-story English Revival residence is capped with asteeply-pitched cross-gabled roof, terminating in thin vergeboards and shallow eaves. Its u-shaped plan features two projecting front-gabled wings of varying roof heights, framing a partial length porch with a curved roof line. The focal point of the fagade is the prominent wing marking the fagade's west half, whose uneven rakes extend to shelter an arched wing-wall with awrought-iron gate. Centered on the projecting wing, a large arched picture window with diamond-pattemed muntins is framed by a decorative brick surround. On the fagade's east half, a fixed pane window with diamond-patterned muntins accents the smaller of the two front-gabled wings. Pointed louvered attic vents with plain wood sills pierce the gable apexes. Four steps lead to the front entrance, which consists of an east-facing door with sidelights with cut-glass inserts. Opposite the main entrance on the porch, a secondary entry consists of French doors with wood-framed diamond-patterned muntins. Overlooking the porch is a band of five wood- framed windows accented with diamond-patterned muntins; the taxed center pane is flanked by two sets of casements. Fenestration on the side elevations consists of double-hung and casement windows with diamond muntins in a variety of conirgurations. An attached brick chimney marks the west elevation. Located on the southeastern section of the parcel, the garage displays a steeply pitched roof with a pointed louvered vent beneath the gable. Alterations include a nonoriginal front entry, nonoriginal garage door, the addition of a bay window on the east elevation, the cement in-fill of the brick wall marking the entrance porch, and the addition of a fabric awning over a facade window. The residence is otherwise intact. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other PSa. Photo :~ PSb. Photo: (view and date) North elevation August 2007 *P6. Date Constructed/Age and Sources: ^historic 1926/City of Santa Ana Building Permits *P7. Owner and Address: Marc & Lisa Garnica 2434 N. Heliotrope Dr. Santa Ana, CA 92706 *P8. Recorded by: D. Howell-Ardila and L. Carus Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: October 20, 2008 *P10. Survey Type: Intensive Survey Update *P71. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) Primary # HRI # Trinomial NRHP Status Code DPR 523A (1/95) ~ ~~o~ *Required information ;. .,~ ~~•. ,M ~~ ~ : ~~.~x~ Wiz' ~ .. - , _s .. „~.xtExl/3`~'N3i - - - - - . a... , . .:.-.:..bay,. ... ~.. .xi+._:. , . _.~ State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 2D2 *Resource Name or #: Meyer House B1. Historic Name: Meyer House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: English Revival *66. Construction History: (Construction date, alterations, and date of alterations): Constructed 1926 July 2, 1926. Residence and garage constructed for $5,000. August 1, 1956. One fixture installed, $100. July 28, 1983. Kitchen and bath remodel. October 18, 1983. Bay window in kitchen remodel. October 2, 1990. Reroof, $3,500. June 30, 2005. Reroof garage, with tear-off, $690. *B7. Moved? ^No f7Yes DUnknown Date: Original Location: *Bt3. Related Features: None. 69a. Architect: Unknown b. Builder: Unknown *B70. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Meyer House is architecturally significant as an intact example of an English Revival-style building in Floral Park. According to the original building permit, dated July 2, 1926, the residence and garage were constructed for A.J. Mansur for a cost of $5,000. When the property first appears in city directories, David Meyer, a rancher, and his wife Bessie were listed as the residence's first occupants. The Meyers occupied the residence until circa 1941. In the 1940s, they appear to have retained the residence, renting it to H. Charles Flint and his wife Elizabeth in circa 1940 and Frederic Dunstan, a salesman, and his wife Olive in circa 1945. By 1952, ownership shifted as Fred H. Langford, vice president and general manager of Santa Ana Hudson Incorporated, and his wife Hildred purchased the prope-fy, remaining until circa 1955. By 1956, the property was the address for Albert C. Bauer and his wife Minnie. The Bauers remained in the home until at least 1970, after which point occupancy shifted on numerous occasions. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. (See Continuation Sheet 3 of 4.) B13. Remarks: *B14. Evaluator: Deborah Howell-Ardila *Date of Evaluation: October 20, 2008 (This space reserved for official comments.) Sket ch Map ~ ~ ~ ~. 002-063-10 ~ r 2434 N. Heliotrope Dr. O ~_ a O e ^n' - g._ a G _ 'l O - - O O a _~ _ ~ ~ G q - - ' O O ~ a ;: - _ _ q ~ O z G ~ ~ w &` " * _O ---- ~ N G 1' ~ ~ !! _ r _ _~ Ru ~ Y I ~ ~ ' . o 1 G ~ ~ ~\ L DPR 5238 (1/95) *Required information 2-f$ 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) Meyer House *Recorded by Deborah Howell-Ardila and Laura Carias *Date October 20, 2008 ~ Continuation ^ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Meyer 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; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Meyer House lies in the northern section of Floral Park historically known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "' Under the regulations implementing the California Register of Historical Resources, the Meyer House, which is a contributor to the National Register district, has been listed in the California Register. The Meyer House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Typical features illustrated by the house include its asymmetrical composition; multilevel eaves and cross gables; smooth stucco sheathing; band of casement and multilight windows; and arched wing wall with wrought-iron gate. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an intact example of the English Revival style in the Floral Park neighborhood, `is a good example of period architecture." Character-defining exterior features of the Meyer House that should be preserved include, but may not be limited to, materials and finishes (stucco and wood); roof confrguration and detailing; original windows and doors where extant; attached chimney; architectural details such as the diamond-patterned muntins and decorative brick window surround. ' Determination of Eligibility, February 25, 1980. DPR 523E /~ ~~4 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 rernrderl Mever HnIISe *Recorded by Deborah Howell-Ardila and Laura Carias *Date October 20, 2008 ~ Continuation ^ Update 612. References (continued): 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. Santa Ana and Orange County Directories, 1932-1954. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. `History of Floral Park." hftp://www.floral-park.com/page2.html. Page 5 Of 5 DPR 523E 25 H -1 0 MILLS ACT AGREEMENT 2434 North Heliotrope 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 December 1, 2008 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 Marc and Lisa Garnica, (hereinafter referred to as "Owners"), owner of real property located at 2434 North Heliotrope 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 2434 North Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. ~~lT? 1 MILLS ACT AGREEMENT 2434 North Heliotrope Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 1, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: 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- 25H~-12 MILLS ACT AGREEMENT 2434 North Heliotrope Drive Santa Ana, CA 92706 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. 5. Cancellation. -3- 25H-13 MILLS ACT AGREEMENT 2434 North Heliotrope Drive Santa Ana, CA 92706 a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by 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. -4- 25H-14 MILLS ACT AGREEMENT 2434 North Heliotrope Drive Santa Ana, CA 92706 a. The Owner hereby subjects the Historic Property, located at 2434 North Heliotrope Drive, Assessor Parcel Number, 002-063-10, 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: Marc and Lisa Garnica 2434 North Heliotrope Drive Santa Ana, CA 92706 -5- 25H-15 MILLS ACT AGREEMENT 2434 North Heliotrope Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to ,all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25H~-16 MILLS ACT AGREEMENT 2434 North Heliotrope Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Marc Garnica Date: By: Lisa GarnicaA APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25H-17 MILLS ACT AGREEMENT 2434 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A A portion of Lots 23 and 24 of Tract No 755 in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 22, Pages 33, Miscellaneous maps in the office of the County Recorder of Said County. Assessor Parcel No. 002-063-10 -8- 25H-18 MILLS ACT AGREEMENT 2434 North Heliotrope 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- 25H-19 MILLS ACT AGREEMENT 2434 North Heliotrope Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10 - 25H-20 MILLS ACT AGREEMENT 2434 North Heliotrope Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -~~- 25H-21 MILLS ACT AGREEMENT 2434 North Heliotrope Drive Santa Ana, CA 92706 -12- 25H-22 MILLS ACT AGREEMENT 2434 North Heliotrope Drive Santa Ana, CA 92706 -13- 25H-23 Q Z O O J 0 H a w W O O J W 1- OC O z ~t M N ~L 0 Q. 0 +-+ 0 2 i 0 0 M r >~ ' > ^ > ~, w O 1 o I O I ^ ~ O tiO ^ N ' lf) I ^ I M ^ O ' i i i i i i i i i i ~~ 0 Z 251~4~24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-23 FOR THE PROPERTY LOCATED AT 2336 NORTH RIVERSIDE DRIVE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Susan Hart for the structure located at 2336 North Riverside Drive, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Susan Hart for the structure located at 2336 North Riverside Drive, subject to non- substantive changes approved by the City Manager and City Attorney at its November 6, 2008 meeting by a vote of 5:0 (Rogers and Schaefer absent). DISCUSSION After the public hearing on November 6, 2008, 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. 251-1 HPP Agreement No. 2008-23 December 1, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $61.60 to $307.98 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay I~. Trevino Executive Director Planning & Building Agency Francisco Gu ierrez Executive Director Finance & Management Services Agenc ~" HS:rb hs\historic info\mills act agreements\2336 N_Riverside\hppa08-23.cc 251-2 REQUEST FOR Historic Resources Commission fiction I~ISro~c ~souRCES can~ssaN nnEErr~c IDu41E: NOVEMBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-23 FOR THE PROPERTY LOCATED AT 2336 NORTH RIVERSIDE DRIVE Prepared by Hally Soboleske ~sr'owc ii~sou~s aon~sior~ sEC~ra~r APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO _ ~~ ~~ Executive Director Planning Man erf RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Susan Hart for the structure located at 2336 North Riverside Drive, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, Susan Hart, requests the approval of Historic Property Preservation Agreement No. 2008-23 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single story Spanish Colonial Revival with a detached garage located at 2336 North Riverside Drive (Exhibit 1). The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 251-3 HPPA No. 2008-23 November 6, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in November 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Spanish Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance Hally Soboleske Associate Planner HS:jm hs\historic info\mills act agreements\hppa08-23.hrc In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. HPPA-2008-23 2336 North Riverside Drive PLANNING AND BUILDING AGENCY I~T 1 EXECUTIVE SUMMARY GERKEN HOUSE 2336 North Riverside Drive 4anta ena re o~~n~ NAME Gerken House REF. NO. ADDRESS 2336 North Riverside Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red the roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Gerken House has been listed in the California Register of Historical Resources. The Gerken House also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Spanish Colonial Revival style, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Determined eligible for listing as a contributor by consensus determination. EXHIBIT 2 Page ~~ ~6 State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary HRI # Trinomial NRHP Status Code_ Other Listi Review Code Reviewer Page 1 of 4 Resource name(s) or n (assigned by recorderl Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *b. USGS 7.5' Quad TCA 1725 *c. Address 2336 North Riverside Drive *e. Other Locational Data: Assessor's Parcel Number *a. County Orange County Date: City Santa Ana Zip 92706 002-133-09 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Spanish Colonial Revival design characterizes this one-story, U-shaped, single-family residence. The wood-framed building is clad in smooth stucco and topped by aclay-tiled, low-pitched gabled roof composed of a side-gable intersected by front-gabled projecting wings on the west and east ends of the facade. Beneath the shallow eaves, attic vents composed of three round, clay pipes are centered in the gable faces. The central portion of the facade is fronted by a patio enclosed by a low wall enlivened by a slender archway. The east-facing entry overlooks the patio and is elevated two steps. If contains a planked wood door, ornamented with iron strip hinges and a wrought iron grille over a small window, and is deeply recessed within a flattened arch. The west wing is the larger of the two projections; its facade is nearly filled by an arched tripartite window consisting of a 20-light fixed window flanked by five-light casement windows. The east wing contains a smaller, flat-headed, tripartite casement window set beneath a blind arch. The arch motif is echoed by an opening in the west wing wall. Windows on the side elevations include a combination of casement windows and non-original vinyl sash windows with press-on muntins. An attached chimney is located on the west elevation. A detached, stucco-clad, two-car garage is located southeast of the house and features a flat roof whose stepped parapet is edged with clay tiles. Alterations to the property include some window replacements on the secondary elevations and a new garage door. Landscaping features include a mature lawn, flowering shrubs and trees. *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) North elevation August 2008 *P6. Date Constructed/Age and Sources: ^hstoric 1927/City of Santa Ana Building Permits *P7. Owner and Address: Susan Hart 2336 N. Riverside Dr. Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and L. Carus Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: September 15, 2008 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter °none") California Department of Transportation, Broadway Overcrossing Historic Property Survey, March 1979. *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1195) 2 51~~2 of 5 *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 2D(2) *Resource Name or #: Gerken House B1. Historic Name: Gerken House B2. Common Name: Same 63. Original Use: Single-family Residence 64. Present Use: Single-family Residence *B5. Architectural Style: Mission/Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1927 October 28, 1971. Add family room and bath, $8,000. May 31, 1995. Reroof.• on single family dwelling, remove hexiting tile, install new base, reinstall same tile; on garage, tearoff and install hot mop/bur, $4,825. *B7. Moved? ^No DYes DUnknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Honer, Herzig and Farney *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Gerken House is architecturally significant as an intact example of the Spanish Colonial Revival style. According to the orginial building permit, dated May 18, 1927, the residence and garage, costing $6000, were constructed for Honer, Herzig and Farney, who were also the contractors of the residence. When the residence first appears in city directories, Walter E. and Alice H Gerken are listed as the residents. Mr. Gerken was listed as a salesman for Union Oil. By 1962, Walter Gerken had retired. He and his wife remained in the home until Mr. Gerken's death in 1965 (Alice passed away in 1960). (See Continuation Sheet 3 of 4.) 611. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: September 15, 2008 (This space reserved for official comments.) Sketch Map „ , `' : ~ - ,,, ~ 2336 N. Riverside Dr. ~ 002-133-09 O O ~. ~' 4 s 0 ^°" ~ a M ~ -- .: ~ a ~ Sao„~ -r Q ° ~ <'' O W © Lf $a Q s 0 ga O O V "' O -, a ~ ~ LG DPR 5238 (1/95) I f V *Required information 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) Gerken House rcecoraea oy uesae u. Neumann ana t_aura v. (;arias *Date September 15, 2008 O Continuation ^ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fiields and orchards dotted with widely scattered farmhouses. The Gerken House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "VI/hen built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2008), Floral Park maintains ifs identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Gerken House lies in the northern section of Floral Park historically known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "~ Under the regulations implementing the California Register of Historical Resources, the Gerken House, which is a contributor to the National Register district, has been listed in the California Register. The Gerken House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Typical features of this style illustrated by the house include its materials palette of stucco, clay file roofing, wood, and wrought iron; the inclusion of a patio into the floor plan; use of arches; and its fenestration with casement windows. Additionally, the house has been categorized as `Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an intact example of the Spanish Colonial Revival style in the Floral Park neighborhood, `9s a good example of period architecture." Character-defining exterior features of the Gerken House that should be preserved include, but may not be limited to, materials and finishes (smooth stucco finish, wood, wrought iron); roof configuration, materials (clay tile) and detailing; original windows and doors where extant attached chimney,' and architectural details such as the arched entryway, wing wall with arched opening, the attic vents, and the patio wall. ~ Determination of Eligibility, February 25, 1980. DPR 523E ~~ ~~~ 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) Gerken House rcecoraea Dy uesne u. Neumann ana Laura v. c:arlas "Date September 15, 2008 x^ Continuation ^ Update B12. References (continued): Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. "Sacramento: March 1995. Santa Ana and Orange County Directories, 1932-1954. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies,"Orange County Register. September 15, 1981. `History of Floral Park." http.//www.floral-park.com/page2.html. DPR 523E P2~~~ $ ~ O MILLS ACT AGREEMENT 2336 Riverside Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 1, 2008 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 Susan Hart, (hereinafter referred to as "Owners"), owner of real property located at 2336 Riverside Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2336 Riverside Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E'~1 MILLS ACT AGREEMENT 2336 Riverside Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 1, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 251-12 MILLS ACT AGREEMENT 2336 Riverside Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 251-13 MILLS ACT AGREEMENT 2336 Riverside Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 251-14 MILLS ACT AGREEMENT 2336 Riverside Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2336 Riverside Drive, Assessor Parcel Number, 002-133-09, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Susan Hart 2336 Riverside Drive Santa Ana, CA 92706 -5- 251-15 MILLS ACT AGREEMENT 2336 Riverside Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 251-16 MILLS ACT AGREEMENT 2336 Riverside Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Susan Hart APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 251-17 MILLS ACT AGREEMENT 2336 Riverside Drive Santa Ana, CA 92706 Exhibit A LOT 118 OF TRACT N0.425, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A 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. 002-133-09 -s- 251-18 MILLS ACT AGREEMENT 2336 Riverside Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -y- 251-19 MILLS ACT AGREEMENT 2336 Riverside Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io - 251-20 Exhibit C (photographs attached) -11- 251-21 MILLS ACT AGREEMENT 2336 Riverside Drive Santa Ana, CA 92706 MILLS ACT AGREEMENT 2336 Riverside Drive Santa Ana, CA 92706 -12- 251-22 MILLS ACT AGREEMENT 2336 Riverside Drive Santa Ana, CA 92706 _,r ~~ -13- 251-23 MILLS ACT AGREEMENT 2336 Riverside Drive Santa Ana, CA 92706 -14- 251-24 Q Z O a 0 J 0 I- W OC W W Z C~ M M N rn I ~ ai ^ M r I ^ ^ ^ ^ ~ ^ ~ ^ ~ ^ ~ ^ ~ - O .~ O I a~ l '~ • ~ O ~~ I ~. >_~ ~ ~ n 1 I - • - • - • - • - • - • - . _ .I • ~/~ I Z i -15- 251-25 251-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-24 FOR THE PROPERTY LOCATED AT 2437 NORTH NORTH PARK BOULEVARD CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15r Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Ronald and Cynthia Wilsie for the structure located at 2437 North North Park Boulevard, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Ronald and Cynthia Wilsie for the structure located at 2437 North North Park Boulevard, subject to non-substantive changes approved by the City Manager and City Attorney at its November 6, 2008 meeting by a vote of 5:0 (Rogers and Schaefer absent). DISCUSSION After the public hearing on November 6, 2008, 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. 25J-1 HPP Agreement No. 2008-24 December 1, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $92.07 to $460.35 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay'~~ Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency ' J HS:rb hs\historic info\mills act agreements\2437_N_NOrthPark\hppa08-24.cc 25J-2 REQUEST FOR Historic Resources Commission Acfiion HSTORIC RESOURCES cOMVISSION NEETNC DATE: NOVEMBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-24 FOR THE PROPERTY LOCATED AT 2437 NORTH NORTH PARK BOULEVARD Prepared by Hally Soboleske HISTORIC RESOURCES OOAIAVIISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO _ ~~._ G{~ _ ..~t_ :_ Executive Director Planning Mana r RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Ronald and Cynthia Wilsie for the structure located at 2437 North North Park Boulevard, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicants, Ronald and Cynthia Wilsie, request the approval of Historic Property Preservation Agreement No. 2008-24 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a one and a half story Tudor Revival House with detached garage located at 2437 North North Park Boulevard (Exhibit 1) The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25J-3 HPPA No. 2008-24 November 6, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Key in November 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Tudor Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project . Hally Soboleske Sergi to A CP Associate Planner Princ T~ 1 an r HS j m hs\historic info\mills act agreements\hppa08-24.hrc 25J-4 HPPA-2008-24 2437 N. North Park Blvd. PLANNING AND BUILDING AGENCY E~T~ EXECUTIVE SUMMARY COFFING HOUSE 2437 N. North Park Boulevard Santa Ana, CA 92706 NAME Coffing House REF. NO. ADDRESS 2437 N. North Park Boulevard CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1926 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of Southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Coffing House has been listed in the California Register of Historical Resources. The Coffing House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as an example of the Tudor Revival style in the Floral Park neighborhood (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. E ~~s V State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary #. HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 4 Resource name(s) or number (assigned by recorder) Coffinq House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2437 N. North Park Boulevard City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-063-21 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Sheathed in red brick arranged in subtly undulating waves, this one- and one-half story Tudor Revival residence features an asymmetrical but balanced composition. If displays a rectangular plan and cross-gabled, steeply pitched roof clad in wood shingles, terminating in shallow eaves. The symmetry of the roof line is interrupted on the west half by a gabled dormer with a set of six light wood-frame casement windows. The fagade's focal point is a prominent front-gabled wing, which projects slightly from the center of the facade. Faced with molded vergeboards, the gable extends on the west side to enclose the covered entry porch, which is accessed via a broad brick archway. Elevated on two steps, the primary entrance consists of an arched wood door accented with arched decorative panels. Projecting from the east half of the gable is an attached brick chimney, with an irregularly flared base and two off-center towers with chimney pots. A set of wood-framed casement windows, with a slightly projecting brick sill, accents the front gable apex. This window pattern is repeated on the side elevations and facade, which features a series of multi-light wood-frame casements flanking the entry along the facade. Located on the northeast section of the property, atwo-car garage features a steeply pitched side gable and six-light wood carriage-style doors. Highly intact and in excellent repair, the residence is further enhanced by mature trees and landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other PSb. Photo: (view and date) South elevation August 2008 *P6. Date Constructed/Age and Sources: ^historic 1926/City of Santa Ana Building Permits *P7. Owner and Address: Ronald & Cynthia Wilsie 2437 N. North Park Blvd Santa Ana, CA 92706 *P8. Recorded by: D. Howell-Ardila and L. Carus Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: October 20, 2008 *P10. Survey Type: Intensive Survey Update 'P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1195) *Required information 2~J?~5 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 2D2 *Resource Name or #: Coffing House 61. Historic Name: Coffing House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *65. Architectural Style: Tudor Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1926 December 6, 1926. Residence and garage constructed for $10,000. April 4, 1933. Rebuild chimney, $10. December 1, 1949. One fixture installed, $100. August 5, 1993. Attic conversion into bedroom, $17,500. August 10, 1995. Re-roof, $16,000. *B7. Moved? ^No Yes Unknown Date: Original Location: *Bt3. Related Features: Garage. 69a. Architect: Unknown b. Builder: Unknown *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Coffing House is architecturally significant as an intact example of a Tudor Revival-style building in Floral Park and of cultural note for its association with one of Santa Ana's pioneer automobile dealers, Lawrence D. Coffing. According to the original building permit, dated December 6, 1926, the residence and garage were constructed for Mr. Coffing and his wife Alice. A native of Indiana, Coffing moved to Southern California with his family when he was seven years old, in circa 1901. By 1914, he had joined Dodge Motor Car Company, with which he maintained professional ties for fifty years. In 1925, he founded Coffing Dodge in Santa Ana, for which he served as president until retiring in 1964. For nearly 40 years, the Coffings owned and resided in the home at 2437 N. North Park Boulevard, until circa 1967, when Mrs. Cofhng passed away. Mr. Coffing died the following year. The residence has changed hands on several occasions in the intervening decades. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: Gist attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. (See Continuation Sheet 3 of 4.) 613. Remarks: *614. Evaluator: Deborah Howell-Ardila *Date of Evaluation: October 20, 2008 (This space reserved for official comments.) DPR 5236 (1/95) Sketch Map ~ - 002-063-21 uO 2437 N. North Park Blvd ~a dQAE ~ v 4 t O 0 6 O k J .:A_ ~~ _ _a k '- -- ( Q e $ ZZ / Y~ 6 U ~` ~ ' - 1 •~ O~ r -- I ® =1 ~~~ *Required information ~~~ ~f V 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) c;otting House *Recorded by Deborah Howell-Ardila and Laura Carias *Date October 20, 2008 l~ Continuation ^ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing fo the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Coffing 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; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Aha City Hall, the EI Toro Marine Base during World War ll; and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home fo many affluent and prominent citizens. The Coffing House lies in the northern section of Floral Park historically known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "' Under the regulations implementing the California Register of Historical Resources, the Coffing House, which is a contributor to the National Register district has been listed in the California Register. The Coffing House also qualifres for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Typical features of this period illustrated by the house include its asymmetrical composition; multilevel eaves and cross gables; wood-framed casement windows; prominent chimney with flared base; and arched entry porch. Additionally, the house has been categorized as `Key" because it has a `distinctive architectural style and quality."Character-defining exterior features of the CofFng House that should be preserved include, but may not be limited to, materials and finishes (wood and undulating brick pattern); roof configuration and detailing; original windows and doors where extant; brick chimney and tower; architectural details such as the undulating patterned of the residence's brick sheathing. ~ Determination of Eligibility, February 25, 1980. DPR 523E ~~ 41of Q 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) Coffing House "Recorded by Deborah Howell-Ardila and Laura Carias *Date October 20, 2008 ~ Continuation u update B12. References (continued): 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. `7nsfructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1932-1954. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal September 21, 1981. `Alice Coffing Rites Monday," Santa Ana Register. November 12, 1967. `Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. "Car Dealer Coffing, 74, Dies in Orange," Santa Ana Register. May 3, 1968. `History of Floral Park." http://www.floral-park.com/page2.html. DPR 523E ~~ pf ~ 0 MILLS ACT AGREEMENT 2437 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 December 1, 2008 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 Ronald T. Wilsie and Cynthia D. Wilsie, (hereinafter referred to as "Owners"), owner of real property located at 2437 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 2437 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. -1- E~T~ 1 MILLS ACT AGREEMENT 2437 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 December 1, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: 2~J-12 MILLS ACT AGREEMENT 2437 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~,J-13 MILLS ACT AGREEMENT 2437 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 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by 2~,J-14 MILLS ACT AGREEMENT 2437 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 2437 North Park Boulevard, Assessor Parcel Number, 002-063-21, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Ronald T. Wilsie and Cynthia D. Wilsie 2437 North Park Boulevard Santa Ana, CA 92706 2~,J-15 MILLS ACT AGREEMENT 2437 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. 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- 25J-16 MILLS ACT AGREEMENT 2437 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 OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Ronald T. Wilsie Date: By: Cynthia D. Wilsie APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -~- 25J-17 MILLS ACT AGREEMENT 2437 North Park Boulevard Santa Ana, CA 92706 Exhibit A LOT 32 and 33 OF TRACT NO. 755, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGE(S) 33 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor Parcel No. 002-063-21 -g- 25J-18 MILLS ACT AGREEMENT 2437 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 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- 25J-19 MILLS ACT AGREEMENT 2437 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. - to- 25J-20 MILLS ACT AGREEMENT 2437 North Park Boulevard Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25J-21 MILLS ACT AGREEMENT 2437 North Park Boulevard Santa Ana, CA 92706 ~..;,. -12- 25J~-22 MILLS ACT AGREEMENT 2437 North Park Boulevard Santa Ana, CA 92706 -13- 25J-23 MILLS ACT AGREEMENT 2437 North Park Boulevard Santa Ana, CA 92706 -14- 25J-24 a a z O O J H a 0 J m Q H Z H OC O z ti M N m L 0 z I N ~ M r M I o 1 I i t I I I ~o Z 25,~~5 25J-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-25 FOR THE PROPERTY LOCATED AT 2415 NORTH RIVERSIDE DRIVE ~t CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Mark S. McLoughlin and Janelle Crain-McLoughlin for the structure located at 2415 North Riverside Drive, subject to non- substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Mark S. McLoughlin and Janelle Crain-McLoughlin for the structure located at 2415 North Riverside Drive, subject to non-substantive changes approved by the City Manager and City Attorney at its November 6, 2008 meeting by a vote of 5:0 (Rogers and Schaefer absent). DISCUSSION After the public hearing on November 6, 2008, 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. 25K-1 HPP Agreement No. 2008-25 December 1, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $101.98 to $509.88 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~~~v1_~ ~` ~~ ~ ~ . ~ ~ Jay Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency HS:rb hs\hiatoric info\mills act agreements\2415_N_Riverside\hppa08-25.cc 25K-2 REQUEST FOR Historic Resouroes Commission Action HISTORIC Rl~OURCESOOMU~ssloly NEErf~IG onTE: NOVEMBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-25 FOR THE PROPERTY LOCATED AT 2415 NORTH RIVERSIDE DRIVE Prepared by Hally Soboleske HISTORIC RESOURCES COiVMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Executive Director Planning Man er RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Mark S. McLoughlin and Janelle Crain-McLoughlin for the structure located at 2415 North Riverside Drive, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicants, Mark S. McLoughlin and Janelle Crain-McLoughlin, request the approval of Historic Property Preservation Agreement No. 2008-25 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a two-story Spanish Colonial Revival House with a detached garage located at 2415 North Riverside Drive (Exhibit 1) The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT q 25K-3 HPPA No. 2008-25 November 6, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in October 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Spanish Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. 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 recommended action is Section 15061 (b) (3) , from further review. project. the California Environmental Quality Act, the exempt from further review under General Rule and therefore, the recommended action is exempt A Notice of Exemption will be filed for this 6 __--.-- Hal y S oleske Associate Planner HS:jm hs\historic info\mills act agreements\hppa08-25.hrc 25K-4 .__.ron , ,4LLE~' ~ _~ ~,1~+tk ~ ~1~. r ~ '~ i .. .~ r w..M~. ~ ~ ..~_ ' _'~__~ _-_-__._._. ~,; r . ~. ~ - .5~ ~___`.'~ ~ ~~;~ 500' RADIUS -_ g k :~ HPPA-2008-25 2415 North Riverside Drive PLANNING AND BUILDING AGENCY E~`T EXECUTIVE SUMMARY ALYMORE-STEPHENSON HOUSE 2415 North Riverside Drive Santa Ana, CA 92706 NAME Alymore-Stephenson House REF. NO. ADDRESS 2415 North Riverside Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1931 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red the roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Alymore-Stephenson House has been listed in the California Register of Historical Resources. The Alymore- Stephenson House also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Spanish Colonial Revival style,'"is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Determined eligible for listing as a contributor by consensus determination. EX~ c State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Primary HRI # Trinomial NRHP Status Code Review Code Reviewer Page 1 of 4 Resource name(s) or number (assigned by recorder) Alvmore-Stephenson Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *b. USGS 7.5' Quad TCA 1725 *c. Address 2415 North Riverside Drive *e. Other Locational Data: Assessor's Parcel Number *a. County Orange County Date: City Santa Ana Zip 92706 002-050-14 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in stucco, this Spanish Colonial Revival residence is capped with amedium-pitched red-tile roof with shallow eaves and exposed rafter tails. Roughly T-shaped in plan, with an asymmetrical but balanced design composition, the residence features atwo-story, front-gabled central block, flanked by one-story, side-gabled wings. The west wing consists of a single bay with a broad, wood-framed picture window, flanked by rectangular casements and adorned with awrought-iron balconet featuring decorative scrollwork. An attached, stucco-clad chimney is centered on the west elevation of this wing. Fronted by awrought-iron gate, the east wing consists of a Porte cochere accessed via slightly arched openings. Multi-light, wood- framed windows face the Porte cochere on the east elevation. Located in the west bay of the two story block, the focal point of the fagade is the deeply recessed entryway framed by a crenellafed arch made of scored cast stone, meant to resemble masonry. Behind a dense growth of bougainvillea, a tripartite window west of the entry is enclosed by a plaster hood and a wrought iron grille. Centered beneath the front-gable apex on the second story, wood-framed, multi-light French doors open onto awrought-iron balconet detailed with scrollwork. Two small rectangular casements flank the balconet on the west, balanced by one six-light casement on the east. Fenestration on the side elevations follows this pattern, with a series of (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) North elevation August 2008 *Pti. Date Constructed/Age and Sources: ^hstoric 1931/City of Santa Ana Building Permits *P7. Owner and Address: Mark & Jane!!e McGloughlin 2415 N. Riverside Dr. Santa Ana, CA 92706 *P8. Recorded by: L. Neumann and D. Howell-Ardila Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: September 15, 2008 *P70. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") California Department of Transportation, Broadway Overcrossing Historic Property Survey, March 1979. *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) C ~ ~J DPR 523A (1195) I'~~~ / *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 2D(2) RC~V V-{:C IYd-I-C Vf fF: HIYIIlOB-JrepnenSOn I'YOUSe B1. Historic Name: Alymore-Stephenson House 62. Common Name: Same 63. Original Use: Single-family Residence 64. Present Use: Single-family Residence *B5. Architectural Style: Mission/Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1931 November 2, 1932. Addition, $800. January 15, 1952. Reroof, $75. April 12, 1955. Alterations within residence, $800. September 2, 1958. Swimming pool installed, $3,000. July 5, 1974. Remove existing balcony and replace and add stairs, $2, 500. October 21, 1982. Garage and workshop addition, $12,000. October 21, 1982. Raised deck and patio cover $2,300. August 1, 1990. Alter and enlarge patio door, $800. April 4, 1994. Re-roof workshop with tear-off, 7-square feet, repair skylight, install drywall on walls, repair stucco around window, $1,000. *B7. Moved? ^No OYes Unknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Alymore-Stephenson House is architecturally significant as an intact example of the Spanish Colonial Revival style and of cultural interest for its association with long-time Southern California journalist Terry E. Stephenson, Jr According to the original building permit, dated February 6, 1931, the residence and garage were constructed for Reeves Alymore, an attorney, and his wife Mabelle, for an estimated cost of $11,000. The Alymores remained in the residence until circa 1933, when Mabee Melbourne, a physician with the Santa Ana Clinic, and his wife Florence occupied the home. Between 1936 and 1945, the residence became the address for George and Caroline Perkins (circa 1936 to 1941) and Maurice Ruppert, production (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) 613. Remarks: *614. Evaluator: Leslie J. Heumann *Date of Evaluation: September 15, 2008 DPR 5236 (1/95) (This space reserved for official comments.) Sketch Map \` ~J 2415 N. Riverside Dr. _ ~ 002-050-14 ~, -~•~ s, ' a ~.: I , i I ~.. ~ ° •I *Required information ~~ ~,~~~''- ~_ ' - ---~ ~lSrl ~ I` ~~~ ~~ 'I I~ .. `~-.~' --'~ ~~~ ~'_ l P~~~-8 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) Alymore-Stephenson House ~eeswruva oy ~esne ~. neumann ano ueooran r-rowe~~-Aram xuate September 15, 2008 ~ Continuation ^ Update "P3a. Description (continued): wood-framed casement windows in varying configurations, set within recessed frames with little decorative elaboration. Alterations include the replacement of an original balcony in the rear elevation, the addition of a garage workshop, deck, and patio cover, none of which are prominent from the public right-of-way. In addition, the original vent in the gable apex on the facade and some of the windows appear fo be nonoriginal. Otherwise intact and in excellent repair, the residence is further enhanced by mature trees and landscaping. *B10. Significance (continued): manager for Kerr Glass Company, and his wife Sue (circa 1945). From circa 1947 to 1956, Terry E. Stephenson, a rancher and long-time journalist and editor for the Santa Ana Register. and his wife Betty resided in the property. Born in circa 191 D in Santa Ana, Stephenson was the son of Terry Stephenson Sr., a writer, editor, and eventually part-owner of the Santa Ana Register. After graduating from Santa Ana High School in 1927, Stephenson attended Santa Ana Junior College for two years, then completed his college education at the University of Texas. Stephenson's first position in journalism, after his 1933 graduation, was with the Los Angeles Times as a stringer. After a short stint as the courthouse and police reporter for the Long Beach Press Telegram in 1934, Stephenson worked as the police reporter for the Santa Ana Journal and Santa Ana Register. Following aten-year hiatus from journalism, during which time he worked in public relations in Maryland and Nebraska, Stephenson became managing editor of the Anaheim Bulletin in 1945. He rejoined the Santa Ana Register in 1950, where he held a number of editorial positions until his retirement in 1978. 8y 1962, the Stephenson's had moved, and the property at 2415 North Riverside became the address for Ralph Pierson, a salesman for National Refrigeration, and his wife Myrtis. The property has shifted hands on several occasions in the intervening decades. Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Alymore-Stephenson House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45, 000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana Cify Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 Wesf Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between Wesf Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2008), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. (See Continuation Sheet 4 of 4.) DPR 523E /~ ~~=~ 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) Alymore-Stephenson House rcecoraea Ay ~esne u. rfeumann ana Ueporan Howell-Ardlla "Date September 15, 2008 O Continuation ^ Update "B10. Significance (continued): The Alymore-Stephenson House lies in the northern section of Floral Park historically known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "' Under the regulations implementing the Califomia Register of Historical Resources, the Alymore-Stephenson House, which is a contributor to the National Register district, has been listed in the California Register. The Alymore-Stephenson House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Typical features of this style illustrated by the house include its form and massing; asymmetrical but balanced design composition; use of wood-framed casement windows with wrought-iron grills and balconefs; medium-pitched red-tile roof with shallow overhangs and exposed rafters. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an example of the Spanish Colonial Revival style in the Floral Park neighborhood, `5s a good example of period architecture." Character-defining exterior features of the Alymore-Stephenson House that should be preserved include, but may not be limited to, materials and finishes (stucco, wood, and red-clay tiles); roof configuration and detailing; original windows and doors where extant; attached chimney; and architectural details such as the deeply arched entryway with crenellated frame and wrought-iron grills and ba/conet with decorative scrollwork. B72. References (continued): Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994 McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1932-1954. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies,"Orange County Register. September 15, 1981. `History of Floral Park." http.//www.floral-park.com/pape2.html. "Terry E. Stephenson, ex-Register Newsman,"Santa Ana Register. January 25, 1990. ' Determination of Eligibility, February 25, 9980. DPR 523E /~ ~(f~ ~ O MILLS ACT AGREEMENT 241 S North Riverside Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 1, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Mark S. Mc Loughlin and Janelle Crain-Mc Loughlin, (hereinafter referred to as "Owners"), owner of real property located at 2415 North Riverside Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2415 North Riverside Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new -1- ~T~ 1 MILLS ACT AGREEMENT 241 S North Riverside 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 December 1, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25K-12 MILLS ACT AGREEMENT 241 S North Riverside Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25K-13 MILLS ACT AGREEMENT 241 S North Riverside Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %z) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as 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 -4- 25K-14 MILLS ACT AGREEMENT 241 S North Riverside Drive Santa Ana, CA 92706 available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2415 North Riverside Drive, Assessor Parcel Number, 002-050-14, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Mark S. Mc Loughlin and Janelle Crain-Mc Loughlin 2415 North Riverside Drive Santa Ana, CA 92706 2~K-15 MILLS ACT AGREEMENT 241 S North Riverside Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with. the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 2~K-16 MILLS ACT AGREEMENT 2415 North Riverside Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Mark S. Mc Loughlin Date: By: Janelle Crain-Mc Loughlin APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25K-17 MILLS ACT AGREEMENT 241 S North Riverside Drive Santa Ana, CA 92706 Exhibit A LOT 25 OF TRACT N0.425, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE(S) 33 and 34 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor Parcel No. 002-050-14 2~K-18 MILLS ACT AGREEMENT 241 S North Riverside Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25K-19 MILLS ACT AGREEMENT 241 S North Riverside Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -~o- 25K-20 MILLS ACT AGREEMENT 2415 North Riverside Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25K-21 MILLS ACT AGREEMENT 241 S North Riverside Drive Santa Ana, CA 92706 -12- 25K-22 MILLS ACT AGREEMENT 241 S North Riverside Drive Santa Ana, CA 92706 -13- 25K-23 MILLS ACT AGREEMENT 241 S North Riverside Drive Santa Ana, CA 92706 -14- 25K-24 a Q z O O J I- 0 ~. W W W O z r N 0 a~ L L.L ~ ° N ^ ^ ' I ^ I I I I I I '~ 0 z 25F~-25 25K-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-26 FOR THE PROPERTY LOCATED AT 2417 NORTH VALENCIA STREET Grr _ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with James G. Bice for the structure located at 2417 North Valencia Street, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with James G. Bice for the structure located at 2417 North Valencia Street, subject to non- substantive changes approved by the City Manager and City Attorney at its November 6, 2008 meeting by a vote of 5:0 (Rogers and Schaefer absent). DISCUSSION After the public hearing on November 6, 2008, 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. 25L-1 HPP Agreement No. 2008-26 December 1, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $70.80 to $354.02 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jai Trevino Executive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency,~~ HS:rb hs\historic info\mills act agreements\2417_N_Valencia\hppa08-26.cc 25L-2 REQUEST FOR Historic Resournes Commission Action Hlsra~lc ResouRCES oon~sloN IuEErlr~c Dare: NOVEMBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-26 FOR THE PROPERTY LOCATED AT 2417 NORTH VALENCIA STREET Prepared by Hally Soboleske HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO _ ~/~~ C ~- Ex utive Director Planning Manag RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with James G. Bice for the structure located at 2417 North Valencia Street, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, James G. Bice, requests the approval of Historic Property Preservation Agreement No. 2008-26 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single story English Revival House with a detached garage located at 2417 North Valencia Street (Exhibit 1). The property is within the Park Santiago neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25L-3 HPPA No. 2008-26 November 6, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in November 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this English Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. _ ~ Hally S oleske Associa e Planner HS j m hs\historic info\mills act agreements\hppa08-26.hrc Sergil~~ICP Princ al 1 er 25L-4 H P PA-2008-26 2417 North Valencia Street PLANNING AND BUILDING AGENCY ~fFi3~~[I~I' 1 EXECUTIVE SUMMARY GRANGER HOUSE 2417 North Valencia Avenue Santa Ana, CA 92706 NAME Granger House REF. NO. ADDRESS 2417 North Valencia Avenue CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1923 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the facade and are often multi-paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARY/CONCLUSION: The Granger House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the English Revival style "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 551: Individual property that is listed or designated locally. EXHIBIT 2 ~~ ~~-6 State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Page 1 of 3 Other Listings Review Code Reviewer Resource name(s) or number (assigned by recorded Granger House Date P7. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2417 North Valencia Avenue City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 003-082-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Asymmetrical in design, this one-story stucco-clad residence features the typical characteristics of the English Revival style. Rectangular in plan, the house is capped with amedium-pitched, side-gabled roof with clipped ends, framed by two unevenly sized projecting wings. On the fagade's north half, the larger of the two wings displays a front gable defined by thin bargeboards with shallow overhangs. An arched vent with horizontal louvers marks the gable apex. Centered beneath the gable apex are three arched, wood-framed, multi-light windows, slightly recessed within plain wood surrounds. Capped with a sloped shed roof, the smaller of the two projecting wings consists of a small square bay fenestrated with six-light casements with wood frames. Located on the south wall of the larger projecting wing, the entry consists of a set of wood doors with multi-light panes. The entry opens onto an unenclosed patio, elevated on two steps. Centered on the patio is a set of French doors, flanked by five-light casements. Side elevations display a similar fenestration pattern, with wood-framed multi-light windows in a variety of configurations. A stucco-clad chimney interrupts the roof line on the north portion of the side gable. Alterations include an altered attic window on the north elevation, an extension fo the den and bathroom, and the removal of the original garage. The house is otherwise intact and enhanced by mature frees and landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) West elevation August 2008 *P6. Date Constructed/Age and Sources: ^historic 1923/City of Santa Ana Building Permits *P7. Owner and Address: James G. Bice 2417 N. Valencia Street Santa Ana, CA 92706 *P8. Recorded by: D. Howell-Ardila & L. Carias Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: October 20, 2008 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) Primary HRI # Trinomial NRHP Status Code *Required information 2~~~~ State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code .551 *Resource Name or #: Granger House B1. Historic Name: Granger House B2. Common Name: Same 63. Original Use: Single-family Residence B4. Present Use: Single-family Residence *65. Architectural Style: English Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1923 May 1923. Residence and garage, $5,300. December 1923. Garage and shop, $600. June 25, 1979. Demolish garage and construct new garage, 1,080 square feet, $4,500. June 28, 1979. Electrical work for 1,080-square foot garage. March 30, 2000. Addition; legalize den and bathroom extension and wood deck, $11,970. April 17, 2000. Re-roof garage without tear-off, $1,500. June 22, 2000. Retaining wall for basement, basement alteration, $2,100. *67. Moved? ^No f]Yes Unknown Date: Original Location: *B8. Related Features: None. 69a. Architect: Unknown b. Builder: Unknown *B70. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1901-1954 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Granger House is architecturally notable as an intact and representative example of the English Revival style. The house and garage, valued of $5,300 on the building permit, were constructed in 1923 for Edmund H. Granger, owner of Granger Electric Company, and his wife Florence. While Mr. Granger passed away in circa 1924, Mrs. Granger remained in the residence until circa 1929. Throughout the 1930s, the home was the address for Clarence F. Campbell, the manager of Olympic Cleaners, and his wife Clara (1930-1933); Peter Hodges, a service repairman for Burroughs Adding Machine Company, and his wife Victoria (1934-1935); Harry Waldbillig, an employee of Santa Ana Motor Company, and his wife Florence (1936-1937); and Samuel F. Rhoads, president of Rhoads Petroleum Corporation, and his wife Emily (1938-1940). In the early 1940s, Abe and Agnes Johnson resided in the property, before Harry E. Barber, vice president of Burns Cuboid Company, and his wife Marion assumed occupancy until circa 1947. In 1952, Carl A. Ruff, owner of Ruff's Saw Service, and his wife Barbara bought the property, where they remained until at least 1965. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) 613. Remarks: *B14. Evaluator: Deborah Howell Ardila *Date of Evaluation: October 20, 2008 (This space reserved for official comments.) DPR 5236 (1/95) Pa®~1'4 ~Q S ket ch Map ~. r Eaxwooo 003-082-11 2417 N. Valencia Street *Required information ~~ ~ - C> -- 0 ~~ ~ Q CJ °° CJ ~~ O O ~ O O ~ , ~ . O G O O State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (ASSianAd by rarnrriarl r-'.rannar 1-In~~co *Recorded by Deborah Howell-Ardila and Laura Carias *Date October 20, 2008 O Continuation ^ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Granger House is located in the Park Santiago neighborhood, near the present northern city limits of Santa Ana and substantially north of the original city core. The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the I-5 freeway on the southwest. In large part, these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of--way mirrored the freeway route. This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street "C Street' (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. 8y 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list "rancher" or `fruit grower" as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman-era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street with the remaining area divided into larger agricultural parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and carpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C.H. Chapman, 2315 North Santiago Street), County Surveyor (E.H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single- familyhomes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War 11. The Granger House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Typical features of this style illustrated by the house include its massing and asymmetrical composition; medium-pitched roof with shallow eave overhangs; smooth stucco finish; wood-framed casement and double-hung sash windows; and attached chimney. Additionally, the house has been categorized as `Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an intact example of the English Revival style in the Park Santiago neighborhood, `is a good example of period architecture." Character-defining exterior features of the Granger House that should be preserved include, but may not be limited to, materials and finishes (stucco finish); roof configuration and detailing; original windows and doors where extant; attached chimney. *612. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Allred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form. "Washington DC: National Register Branch, National Paris Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Orange County Plaf Maps, 1912. Historic Maps, Santa Ana History Room, 1923, 1932, 1955. Santa Ana and Orange County Directories, 1926-1961. DPR 523E ~~e~of MILLS ACT AGREEMENT 2417 North Valencia Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 1, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and James G. Bice, (hereinafter referred to as "Owners"), owner of real property located at 2417 North Valencia Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2417 North Valencia Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E'IC47`LZ~ 0 MILLS ACT AGREEMENT 2417 North Valencia Street Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part S of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 1, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25L-11 MILLS ACT AGREEMENT 2417 North Valencia Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25L-12 MILLS ACT AGREEMENT 2417 North Palencia Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required. to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25L-13 MILLS ACT AGREEMENT 2417 North Valencia Street Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2417 North Valencia Street, Assessor Parcel Number, 003-082-11, 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: James G. Bice 2417 North Valencia Street Santa Ana, CA 92706 -5- 25L-14 MILLS ACT AGREEMENT 2417 North Valencia Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25L-15 MILLS ACT AGREEMENT 2417 North Valencia Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager sy: James G. Bice APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25L-16 MILLS ACT AGREEMENT 2417 North Valencia Street Santa Ana, CA 92706 Exhibit A LOT 11 IN BLOCK B OF TRACT NO. 359, EDGEWOOD PARK, AS SHOWN ON A MAP RECORDED IN BOOK 15, PAGE 21 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA Assessor Parcel No. 003-082-11 -8- 25L-17 MILLS ACT AGREEMENT 2417 North Valencia Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25L-18 MILLS ACT AGREEMENT 2417 North Valencia Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- 25L-19 MILLS ACT AGREEMENT 2417 North Valencia Street Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25L-20 MILLS ACT AGREEMENT 2417 North Valencia Street Santa Ana, CA 92706 -12- 25L-21 MILLS ACT AGREEMENT 2417 North Valencia Street Santa Ana, CA 92706 -13- 25L-22 a z 0 a 0 J I-- a W W Q V Z W J Q Z r N L ~~--i /1 ~U ^ M r a ~ w . O o • I ~ ~ r O ^ I ~' i ....I I o z I 25~1~~3 25L-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-27 FOR THE PROPERTY LOCATED AT 2366 NORTH RIVERSIDE DRIVE ~/ s-~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with John Janney for the structure located at 2366 North Riverside Drive, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with John Janney for the structure located at 2366 North Riverside Drive, subject to non- substantive changes approved by the City Manager and City Attorney at its November 6, 2008 meeting by a vote of 5:0 (Rogers and Schaefer absent). DISCUSSION After the public hearing on November 6, 2008, 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. 25M-1 HPP Agreement No. 2008-27 December 1, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $166.15 to $830.76 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~1~ ~ t-_ J~ M. Trevino Executive Director Planning & Building Agency J Francisco Gutierrez Executive Director Finance & Management Services Agency~° HS.rb hs\historic info\mills act agreements\2366_N_Riverside\hppa08-27.cc 25M-2 REQUEST FOR Historic Resources Commission Action . • -~ -.x• - r3. r• .~ • ~ ~ NOVEMBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-27 FOR THE PROPERTY LOCATED AT 2366 NORTH RIVERSIDE DRIVE ~rowc I~sou~s conTn~.ssior~ sECx~ra~r APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske Executive Director ~~ ~~ Planning Mana RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with John Janney for the structure located at 2366 North Riverside Drive, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, John Janney, requests the approval of Historic Property Preservation Agreement No. 2008-27 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single story English Revival with a detached garage located at 2366 North Riverside Drive (Exhibit 1). The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25M-3 HPPA No. 2008-27 November 6, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in November 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this English Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community, 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. ~~, R Hally So leske Sergi 1 z ICP Associat Planner Princ 1 1 er HS j m hs\historic info\mills act agreements\hppa08-27.hrc 25M-4 ~I gl I -~~"~ q~y, ~, ~ ., W~ i 4 500' RADIUS HPPA-2008-27 2366 N. Riverside Drive PLANNING AND BUILDING AGENCY tiJ ~:ti• •~ r~~ _.. _.e.... _.... ~': ~~ :~ 1[~BiiT~ EXECUTIVE SUMMARY HENNINGER-GREENER HOUSE 2366 North Riverside Drive Santa Ana, CA 92706 NAME Henninger-Greever House REF. NO. ADDRESS 2366 North Riverside Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: English Revival A. simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the facade and are often multi-paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Henninger-Greever House has been listed in the California Register of Historical Resources. The Henninger- Greever House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and, as an intact and characteristic example of the English Revival style, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. EXHIBIT 2 2~Afl 5 6 State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 4 Resource name(s) or number (assigned by recorder) House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2366 North Riverside Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-133-27 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Sheathed in smooth stucco, this rectangular, one-story residence showcases the picturesque asymmetry of the English Revival style. The residence is capped with amedium-pitched, cross-gabled roof clad in wood shake tiles, with three front gables of varying heights. Centered above the entry porch, the highest gable is faced with smooth stucco and defined by plain vergeboards. The west half of the fagade features two slightly overlapping front-gabled wings, the lower of which encloses a covered porch accessed via two arched openings on the north and east walls. A decorative brick surround marks the north-facing arched opening. Extending west, the larger projecting wing features an arched tripartite window with three fixed wood-framed windows, recessed within plain wood surrounds. The fagade is accented with a high brick foundation consisting of a base of stretcher brick with decorative scoring, topped with a projecting band of headers, also scored. Balancing the west half of the fagade, a prominent attached brick chimney with a flared base and three chimney pots is located east of the entry porch. Accessed via a diagonal walkway bordered by a sloped brick wall, the entry consists of a wood door accented with a series of small square and rectangular lights, arranged around a square recessed panel. On the fagade's east side, a fabric awning shelters a set of eight-light casements with wood frames and surrounds. This fenestration pattern is repeated on the side elevations, which display a series of multi-light wood-framed windows in a variety of configurations. Alterations include a nonoriginal garage and the addition of a pergola (not visible from the public right-of- way). In excellent repair and further enhanced by mature frees and landscaping, the residence is otherwise highly intact. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5a. Photo ", ~., ~~ .r P5b. Photo: (view and date) North elevation October 2008 *P8. Date Constructed/Age and Sources: ^historic 1925/City of Santa Ana Building Permits *P7. Owner and Address: John Janney 2366 N. Riverside Drive Santa Ana, CA 92706 *P8. Recorded by: D. Howell-Ardila Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: October 21, 2008 ~. 5~.. .. ~, ,,,., . ~, z 'r,~x"r~_ r. ~, ..- --..~ *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) ~ ~„~,S/E ~ *Required infonnatlon State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 2D2 *Resource Name or #: Henninger-Greever House 61. Historic Name: Henninger-Greever House 62. Common Name: Same 63. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: English Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1925 June 15, 1925. Residence and garage constructed for $4,000. April 20, 1926. Alter garage, $250. May 23, 1933. Rebuild chimney, $10. November 6, 1939. Re-roof by Owen Roofing Company, $240. October 3, 1946. Pergola added, $100. December 1, 1949. Unspecified alterations to residence, $1,200. December 7, 1949. Two electric fixtures installed, $400. December 8, 1949. Six circuits, 9 additional outlets, and one stove installed. March 12, 1953. One fixture installed, $100. December 30, 1963. Private garage installed, 424 square feet, $848. February 3, 1964. Plastering by C.A. Shives, 200 yards. *B7. Moved? ^No DYes DUnknown *68. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Henninger-Greever House is architecturally significant as an intact example of an English Revival-style building in Floral Park. According fo the original building permit, dated June 15, 1925, the residence and garage were constructed at a cost of $4,000 for R. Henninger, who owned but did not occupy the home. As of 1926, the property was owned by George W. and Flora 8. Greever. Employed in the oil industry, Greever and his wife remained in the home until circa 1930. By 1931, Leonard G. Swales, an employee of General Insurance, and his wife Thyra occupied the residence. Throughout the 1930s, the property was the address for Frank A. Henderson, the superintendent of the Santa Ana Board of Education, and his wife Bertha (1933); Maurice Maiden, an auto dealer with De Soto Plymouth, and his wife Philomene (1934); physician George A. Paulson and his wife lima (1935); and Washington T. Christian, a district plant supervisor with the telephone company, and his wife Cora (circa 1936-1939). By 1940, the property had been purchased by Leslie W. Hypes, a manager with the Coca-Cola Bottling Company, located at 1734 West First Street in Santa Ana. Hypes and his wife Elsie remained in the home for at least 16 years, until circa 1956, after which point occupancy shifted on numerous occasions. (See Continuation Sheet 3 of 4.) 611. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) 613. Remarks: *614. Evaluator: Deborah Howell-Ardila *Date of Evaluation: October 21, 2008 (This space reserved for official comments.) DPR 5236 (1195) Date: Original Location: P~~~V Sketch Map 002-133-27 2366 N. Riverside Drive s Arv£asoE ~ O~O~~ ~ Q uu. '$ ° 3 q a~uO O >~ u ss Q ~ ~ a ~. ~ N ©~ 4.; - a. q ~ V ^ezanv~ O F n ~2' y i °© ~ W ,-, c ~ W . as *Required information 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) Henninger-Greever House *Recorded by Deborah Howell-Ardila *Date October 21, 2008 ~ Continuation ^ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated frelds and orchards dotted with widely scattered farmhouses. The Henninger-Greever House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Henninger-Greever House lies in the northern section of Floral Park historically known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that `North Broadway Park reflects the Cify Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "' Under the regulations implementing the California Register of Historical Resources, the Henninger-Greever House, which is a contributor to the National Register district, has been listed in the California Register. The Henninger-Greever House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Typical features illustrated by the house include its asymmetrical composition; multilevel cross gables; smooth stucco sheathing; casement and multilight wood- framed windows; and arched openings and windows. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an intact example of the English Revival style in the Floral Park neighborhood, `is a good example of period architecture." Character-defining exterior features of the Henninger-Greever House that should be preserved include, but may not be limited to, materials and finishes (stucco and wood); roof configuration and detailing; original windows and doors where extant; attached chimney; architectural details such as the brick foundation with scored header and stretcher brick bonds. ' Determination of Eligibility, February 25, 1980. DPR 523E ~Q 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) Henninger-Greever House *Recorded by Deborah Howell-Ardila *Date October 21, 2008 O Continuation ^ Update 612. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Off<ce of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1932-1954. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. `History of Floral Park." http://www.floral-park.com/page2.html. DPR 523E ~@~Af S~ 0 MILLS ACT AGREEMENT 2366 North Riverside Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 1, 2008 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 John Janney, (hereinafter referred to as "Owners"), owner of real property located at 2366 North Riverside Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2366 North Riverside Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- E '~ MILLS ACT AGREEMENT 2366 North Riverside Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 1, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: 2~M-12 MILLS ACT AGREEMENT 2366 North Riverside Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark. by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 2~M-13 MILLS ACT AGREEMENT 2366 North Riverside Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by 2~M-14 MILLS ACT AGREEMENT 2366 North Riverside Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2366 North Riverside Drive, Assessor Parcel Number, 002-133-27, 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: John Janney 2366 North Riverside Drive Santa Ana, CA 92706 -5- 25M-15 MILLS ACT AGREEMENT 2366 North Riverside Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 2~M-16 MILLS ACT AGREEMENT 2366 North Riverside Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: John Janney APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney 2~M-17 MILLS ACT AGREEMENT 2366 North Riverside Drive Santa Ana, CA 92706 Exhibit A N TR 425 LOT 111 Assessor Parcel No. 002-133-27 -8- 25M-18 MILLS ACT AGREEMENT 2366 North Riverside Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with 2~M-19 MILLS ACT AGREEMENT 2366 North Riverside Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. to- 25M-20 MILLS ACT AGREEMENT 2366 North Riverside Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -~~- 25M-21 MILLS ACT AGREEMENT 2366 North Riverside Drive Santa Ana, CA 92706 ., ~ °~ ~' - l2- 25M-22 MILLS ACT AGREEMENT 2366 North Riverside Drive Santa Ana, CA 92706 ,,( -13- 25M-23 MILLS ACT AGREEMENT 2366 North Riverside Drive Santa Ana, CA 92706 14 - 25M-24 a a z O Q V O J O a W W 0 W O Z M N .> O i 0 0 0 i ^ W ~ i o • I N ^ 1 o ~ ~ ^ ~ O O ~ M ^ ~~ i O Z 25A~25 25M-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-28 FOR THE PROPERTY LOCATED AT 2408 NORTH RIVERSIDE DRIVE CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO ` _ FILE NUMBER CI MANAGE RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached agreement with Tony Michael Sherman for the structure located at 2408 North Riverside Drive, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Tony Michael Sherman for the structure located at 2408 North Riverside Drive, subject to non- substantive changes approved by the City Manager and City Attorney at its November 6, 2008 meeting by a vote of 5:0 (Rogers and Schaefer absent). DISCUSSION After the public hearing on November 6, 2008, 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. 25N-1 HPP Agreement No. 2008-28 December 1, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $74.68 to $373.40 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Ja Trevino Executive Director Planning & Building Agency \~~~ C`C~~ Sid ~ ~~ ~~~ Francisco Gutierrez Executive Director Finance & Management Services Agency; HS:rb hs\historic info\mills act agreements\2408_N_Riverside\hppa08-28.cc 25N-2 ~! REQUEST FOR Historic Resources Commission Action ^+7C~.:~. :.ate ::1f~, ~ruu~t_~- u~al-. !.1 NOVEMBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-28 FOR THE PROPERTY LOCATED AT 2408 NORTH RIVERSIDE DRIVE wsrowc ~souRCE.sc~onnnnrssioni sECx~ra~r APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION Planning Man er Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Tony Michael and Debra L. Sherman for the structure located at 2408 North Riverside Drive, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicants, Tony of Historic Property between the property Property Description Michael and Debra L. Sherman, request the approval Preservation Agreement No. 2008-28 (Mills Act) owner and the City of Santa Ana. The subject property includes a single story English Revival House with detached garage located at 2408 North Riverside Drive (Exhibit 1) The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25N-3 HPPA No. 2008-28 November 6, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in November 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this English Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Hal y Soboleske Associate Planner HS j m hs\historic info\mills act agreements\hppa08-26.hrc Sergio Princi~ 25N-4 N r'+ at Q- W ~ ~ V1 PARK LN ~t ~ O j~' a ~l~ ~~~ ~~ -- NOR7H Py4RK 8L ~~ 500' RADIUS ~ 231t 91S ~ .1~ ~3i1..... HPPA-2008-28 2408 North Riverside Drive PLANNING AND BUILDING AGENCY I~1 EXECUTIVE SUMMARY WATKINS-COOKS HOUSE 2408 North Riverside Drive Santa Ana, CA 92706 NAME Watkins-Cooke House REF. NO. ADDRESS 2408 North Riverside Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORN[A REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the facade and are often multi-paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Watkins-Cooke House has been listed in the California Register of Historical Resources. The Watkins-Cooke House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and, as an intact and characteristic example of the English Revival style, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. EXHIBIT 2 2 ~7 IV ~~ State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code 4 Resource name(s) or number (assigned by recorder) Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2408 North Riverside Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-064-19 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in brick, this rectangular, one-story residence features the asymmetrical design typical of the English Revival style. The residence is capped with amedium-pitched, cross-gabled roof, terminating in thin vergeboards and shallow overhanging eaves. The fagade's focal point are two projecting front-gabled wings of varying roof heights. The highest of the two, the west gable displays uneven rakes that extend to the enclose a covered entry porch, accessed via a broad arched opening defined by a course of brick headers. An arched vent surrounded by brick headers pierces the gable apex. Deeply recessed within the arched entry porch, the principal entry consists of a wood panel door with an arched light in the top panel. Accessed via a walkway bisecting the lawn, the entry is elevated on two steps. Flanking the entry, fenestration on the facade is provided through bands of fixed-pane and casement windows. On the west wing, an arched tripartite window consists of three eight-light casements with wood frames and surrounds. A three-light transom caps the window. Extending east from the entry, a band of four-light casements in wood frames is accented by brick headers. Repeated this design motif, three wood-framed casement windows provide fenestration on the east half of the facade. This fenestration pattern is repeated on the side elevations, which display a series of multi-light wood-framed windows in a variety of configurations. An attached brick chimney with a flared base is located on the east elevation. Alterations include the addition of a room in the rear of the residence. In excellent repair and further enhanced by mature trees and landscaping, the residence shows few other signs of alterations. *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) North elevation October 2008 *P6. Date Constructed/Age and Sources: ^historic 1925/City of Santa Ana Building Permits *P7. Owner and Address: Tony Michael & Debra L. Sherman 2408 N. Riverside Drive Santa Ana, CA 92706 *P8. Recorded by: D. Howell-Ardila Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: October 21, 2008 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) Primary #. HRI # Trinomial NRHP Status Code. Reviewer DPR 523A (1/95) *Required information 2~~-`~ State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 2D2 *Resource Name or #: Watkins-Cooke House B1. Historic Name: Watkins-Cooke House B2. Common Name: Same B3. Original Use: Single-family Residence 64. Present Use: Single-family Residence *B5. Architectural Style: English Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1925 July 6, 1925. Residence and garage constructed for $5,000. December 5, 1944. Two electrical fixtures installed, $75. December 6, 1944. Addition to garage, 6 feet by 14 feet, $150. December 13, 1944. Two electric fixtures and two outlets installed. March 12, 1945. Re-roof residence and garage, $288. December 23, 1963. Alteration to residence, $6,000. January 16, 1964. Installation of five electric fixtures. January 20, 1964. Installation of 32 electric outlets and 10 fixtures. September 13, 2004. Re-roof with fear-off, $5,520. *67. Moved? ^No i7Yes i7Unknown Date: Original Location: *B13. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Watkins-Cooke House is architecturally significant as an intact example of an English Revival-style building in Floral Park. According to the original building permit, dated July 6, 1925, the residence and garage were constructed at a cost of $5,000 for J.J. Watkins, who owned but did not occupy the home. In 1928, when the improvement first appears in city directories, the occupants were listed as Ted and Clara Cooke, who remained in the home until circa 1930. Throughout the 1930s, the property was the address for John P. Williams, the manager of Melrose Abbey Mausoleum, and his wife Clay (circa 1931); S.A. Klem (1932-1933); Bob Fernandez, vice president and manager of RA Tiernan Typewriter Company, and his wife Frances (1934); and Adrian Kloos, an employee of the US Internal Revenue Service, and his wife Annie (circa 1935-1939). By 1940, the property had been purchased by William H. Pranke, owner of Pranke's Lacquer Shop on West Third Street in Santa Ana. Pranke and his wife Anna remained in the home for a short period. Between 1945 and 1948, it was occupied by Loyal T Wiekhorst, a rancher, and his wife Ruth. Ownership again shifted on several occasions in the 1940s and 1950s; the residence was home to George and Mae Barbour (circa 1947); John E. Lloyd, and deputy county surveyor, and his wife Linda (circa 1952 to 1954); and Briant and Ann Sando (circa 1956). In the intervening decades, ownership has shifted on numerous occasions. (See Continuation Sheet 3 of 4.) 611. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) 613. Remarks: *B14. Evaluator: Deborah Howell-Ardila (This space reserved for official comments.) Sketch Map_ s = - 002-064-19 m 2408 N. Riverside Dr. ac O 4 U a n V L:J _ N b (~ n o t - tip _ a_ .. 0 _s ~_~ - .. --~-Q~-g~ a I s ~1N~ *Date of Evaluation: October 21, 2008 DPR 523B•(1/95) ~ ~~ -fi *Required information 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) Watkins-Cooke House 'Recorded by Deborah Howell-Ardila *Date October 21, 2008 ~ Continuation ^ Update *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Watkins-Cooke 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 (Talben, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2008), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Watkins-Cooke House lies in the northern section of Floral Park historically known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that "North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "' Under the regulations implementing the California Register of Historical Resources, the Watkins-Cooke House, which is a contributor to the National Register district, has been listed in the California Register. The Watkins-Cooke House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Typical features illustrated by the house include its asymmetrical composition; use of brick; multi-level cross gables; wood-framed casement windows; and use of arches for openings and windows. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an intact example of the English Revival style in the Floral Park neighborhood, `9s a good example of period architecture." Character-defining exterior features of the Watkins-Cooke House that should be prese-ved include, but may not be limited to, materials and finishes (brick and wood); roof configuration and detailing; original windows and doors where extant; attached chimney; architectural details such as the brick header courses accenting window, door, and vent openings. ' Determination of Eligibility, February 25, 1980. DPR 523E ~ 5 NPa~ 4 of 5 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Watkins-Cooke House *Recorded by Deborah Howell-Ardila *Date October 21, 2008 O Continuation ^ Update B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Sanfa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide fo American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Off<ce of Historic Preservation. "Instrucfions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1932-1954. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. `History of Floral Park." http://www.floral-park.com/page2.html. DPR 523E S f15 ~ O MILLS ACT AGREEMENT 2408 North Riverside Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 1, 2008 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 Tony Michael Sherman, (hereinafter referred to as "Owner"), owner of real property located at 2408 North Riverside Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2408 North Riverside Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. EXHIBIT 3 -1- 25N-11 MILLS ACT AGREEMENT 2408 North Riverside Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 1, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25N-12 MILLS ACT AGREEMENT 2408 North Riverside Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25N-13 MILLS ACT AGREEMENT 2408 North Riverside Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as 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 -~- 25N-14 MILLS ACT AGREEMENT 2408 North Riverside Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2408 North Riverside Drive, Assessor Parcel Number, 002-064-19, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Tony Michael Sherman 2408 North Riverside Drive Santa Ana, CA 92706 -5- 25N-15 MILLS ACT AGREEMENT 2408 North Riverside Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25N-16 MILLS ACT AGREEMENT 2408 North Riverside Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Tony Michael Sherman APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25N-17 MILLS ACT AGREEMENT 2408 North Riverside Drive Santa Ana, CA 92706 Exhibit A Lot 96 of Tract 425 as shown by map on file in the book 16 pages 33 and 34 records of Orange County, CA Assessor Parcel No. 002-064-19 -s- 25N-18 MILLS ACT AGREEMENT 2408 North Riverside Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25N-19 MILLS ACT AGREEMENT 2408 North Riverside Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io - 25N-20 MILLS ACT AGREEMENT 2408 North Riverside Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -~~- 25N-21 MILLS ACT AGREEMENT 2408 North Riverside Drive Santa Ana, CA 92706 -12- 25N-22 MILLS ACT AGREEMENT 2408 North Riverside Drive Santa Ana, CA 92706 -13- 25N-23 a a z 0 O J O O W O N Q~ 0 .L 0 ~ M r • } I I > ^ W O o M I I I I I ^ ~ O O o O I ~ ^ ' I • I I ^ LCD I ~ O ^ 2 O z -14-. 25N-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: AGREEMENT FOR A COMPUTER AIDED DISPATCH SYSTEM MAINTENANCE r' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ .As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with TriTech Software Systems for maintenance support to the Fire Department's computer aided dispatch system in an amount not to exceed $114,155, for a one year period, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Fire Department's Computer Aided Dispatch (CAD) system was upgraded in September 2006. TriTech Software Systems is provider of this service, and provides maintenance to their proprietary hardware, software, and software interfaces. The system provides for the dispatching of emergency vehicles and the transfer of data to mobile data computers (MDC) located in these vehicles. Because of the proprietary nature of the equipment and software, the Fire Department is recommending entering into an agreement with TriTech to provide maintenance to the department's CAD system. FISCAL IMPACT Funds are available in the Fire Department's Information Technology, Other Contractual Services account (account no. 011-324-6291) in the amount of $114,155. ;~~~ `._ L Marc Martin Fire Chief Fire Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez ~ Executive Director Finance & Management Services Agency 250-1 W~ _~ ~Ri'T~~1--~ BOFTWA~?E 5`+'STEM~ T (!j~h. y;n>f~y~fF J'r Sif-.?11S r~r~~e ~=~ ; ..,, Fax t~5$ ~': ~~' Mmail SaIN~~^Z,'f3';.~~'tUC=r~ C Op~7 SOFTVi/ARE SUPPORT AGREEMENT TRiTECH StaFTWARE SYSTEMS ~; ' ~ •~ ( ,.T- "tt - -ceh ti~3l~tua~e ,;..is t~ 5:f' cr 3~an.3ai ~ Frc'.~ri¢t:fr} _i; ,~hes .,Y':c :ndcrl~c ~~ lASV~,ti(tY,u C.4ut~x~ ~;a(cs t~: i _~ ~;nttt~are ti;~poi}r: A~reema~nt 250-2 ~ T SOFTWARE SUPPQRT AGREEMENT TABLE OF CONTENTS 1.0 DEFINITiflNS ...........................................................................................3 2.0 TERM ...................................................................................................... ..3 3.0 SUPPORT FEE(S} .................................................................................. ..4 4.0 TELEPHONE SUPPORT ........................................................................ ..5 5.0 SOFTWARE ERROR CORRECTION .................................................... ..5 6.0 SOFTWARE UPDATES ......................................................................... ..6 7.0 LIMITATIONS ......................................................................................... ..6 8.0 EQUIPMENT, SUBCONTRACTOR SOFTWARE AND HARDWARE, AND SYSTEM SOFTWARE ................................................................... . 8 9,0 LIMITATION OF LIABILITY ................................................................... ..9 10.0 DISPUTE RESOLUTION ........................................................................ ..9 11.0 SEVERABILITY ...................................................................................... 10 12.0 FORCE MAJEURE/EXCUSABLE DELAY ............................................. 10 13.0 CONSTRUCTION AND HEADINGS ...................................................... 10 14.0 WAIVER ................................................................................................. 10 15.0 ENTIRE AGREEMENT ........................................................................... 11 16.0 APPLICABLE LAW ................................................................................ 11 1fi.0 ASSIGNMENT ........................................................................................ 11 18A NOTICES ................................................................................................ 11 19.0 GENERAL TERMS ................................................................................. 12 ADDENDUM A ................................................................................................ 14 ADDENDUM B ................................................................................................ 16 ~~ I ~ 1i 3 }~;r (1l n;iri:' ~f5f~l'afC ~1;j3~1t13c ~~!YtCitte?'? V`.~ ~ti t~~.ryt~ns ;t ~ T.~a.l..t...1 Jt7.auarc .t~~~it~~ ~. G..F~sTcm.al .1: !'riy;~tic'ar_a .. C: I` iichcd Kt Y~Y~;. 3c~~ . c-i? tEeiilc (Slc ~upi to iP ;:~cti ~5' [lie iln! x .iC? i>ws4 i .U _. 250-3 SOFTWARE SUPPORT AGREEMENT Client: C'it4~ caf Sa~.ta Ana ;1t~t~1'eSS: ~ -~ ~) ~. F31'Oadlva~~ Citi~, State,liia: Santa Ana,. C`A 927{l7 Phone, Fos: ~'}=f .(~4?.i7()Q~f~rx 7I4.t'4?.7?{) C'ontact'tiame: 1-lore Martin, l°ire C'l~ef `his .s~«rcernent is r3ade try and i~i~te4cen 'Cri"'tch Scak~t~tdre Systcr7~s, reierre~i tc~ as "Tri"tech"', with offices at ~1~ibO Ntcsa Rini Road, San Diego, C`alifi~mia 02121 and C'fier;t nam~;d ~~tbovc, rt;terretl to as "C'lient'". ~~'~. ~~'HE.R~AS, Tn"tec1r arrd Cherrt Entered into a Corltputer Aideci Dispatch Primary A`~recr~~erit dated Septen~ber 5, 2iJt)t, ("the "Purrchase A~reenlent"); and B. t~~'HEREAS, TriT~ch and C'Iirra;t hacl previausl~~ entered into a Computer System Purchase and Sc~ft~vare Iwicensc :"~<~recn~ent ci~rtc:ci ~~larch 2{a, 1 ~)~?fi; and C`. `~'1-iERF.:AS, this Softti~Gtre Support :'~r~reemettt is errt.red into to provide Softu-are Strppc>rt for t1-re Tri1'ec}~ Si~f`t~h't~re licensed urrdir the4a~recrnertts referenced in para~~r°aphs A anti. B for a period ofonc vear, subject to annual r~nt«~al thereafter. srnd t). ~i'HERE:~'~S, t1~is Sc?f?~vare Strppcart .r~~reen7ent replaces and srrpersedes any pre~'ior.rs a`~r;enrents bct~~~et;r. the parties with respect tc~ ihc: subject matter hereirr; '~~4~`, TI-IE.RCFC)R~,, in consideration of the ternas, promises, nlr.rtuaf covenrnts and conditions contained in this A~rcement, "1"ri~T-ech and C'fient a~rce as foflotivs: l.ti llEf~'IIITIO~iS .<1f1 capittr}iced terms used in this ~1~rrectnent and rir~at othcr~~'ise dfinc:ci herein shit}1 have the rneanints E~iven them in t}te. Definitions stctic~n cf'thc Purchase At,~rcemLnt, tivhic}~ se.ction is incorporated by relererrce herein as t}1<~u«1r sez fi~r'th in hill. 2.i1 "CER:1'1 .I~he initial terr,r of Soft~~'<tre Suppe~rt services pro~'idt/ci under this :"agreement sha11 burin .Iurre I , 2t1(t8 and end t~velvc t } 2 } months thereafter. Software 5tzl~port for subsequent annual s:,;,~a ~~,., ~:, ,~~,,.,;~~~,. . 4~~f t u are ti ups+=rt :\!=rectnen! `.' , ~- ~ r 3~;~ tiiefl+~ure ",ystenxti Co3if~fe3itirl ~ r'1C~~lrsc=tart' ` .cc? - _ , t, r;ii r ~}?eti>pti ri ~ht raa~ ap it3t• i. !?3 <Ct? ~tclE•s 250-4 terttts :hall be subject tt~ renera°al of this l~grecrncnt anti payment tai' tl~c rcne~ial Soft~~are Su}~port oes. C)rt or hefitre tlte. expir<ttiott of the then cttrrertt support tert~~, ~tnd at t;:ac}7 attt~u<il sttu~tter:sar}` t}icrecsf. "Cri l ~cb ~s<tll prts~~ide w C'liet~t a 5aft~~are Suppt?r.. Rtt~e~~~al .-'1rrc:ernem for ~r~=na4E;r-c. l ri (~~ch rt~5~r~es the ris'ht to chattt~~e the t;:rtns ttncl scsnlitic~t~s ttpc~n ~~l~ich Ss~°ttitar~. Support shall hc: ottercd for ronc~tial terms, stthject tcz ~~ritten notice to C'licnt. 3. t `~of«ttrc Support lee(s) to be paid b}'Client. fear the initial ternt of this .'~gre:ment ttrc estalalished based att the sott«; are licct7ses purchased trntier the; Svstem E'urchase :1MTreernent. ("he Saft~~arc Support fee Car the ('first renewal term shall be the amount specified in Addendum .~ hcrt:to, stthjcct to the adju~5tn~ertis as descriheii in 3.2. .? TriTe.ch shall nutiCy Client prior to ttte enti of the initial sttppart term of the Sofh*:are Support fees for the first rene~~al term. l,~nless atheru-ise agreed in t~riting, Safttz~are Sttpport Cees shall be tine tin or before the caztlntencement of each annual support tcrt~~. Software Support fee Car the first rencti~~ttl tarm ant] all renelvals ihcrcaftcr shall be shall br; subject to increase an an annual basis at a rate eclttal to the; increase in the C~ansumcr Price index, Los Art~~t;lesiQrartge Caunty~ area ]car the l2 rnanth period ending June t} prior to the renewal of this l~greement, ar 544,, urhiche~.rer is less. ~'~tiditianal licenses purchased b}~ Client during an_y antxual suplx~t~t period ~~ill result in additional support lees ~~°hich shall be prarateci to be cate.rrrtinaus tia~ith Client's then current sttppart pc;riad. ~..~ Soft~~are Support fet;s da not include rcasartable trot-el, faoti or latigiti4a, exper7scs incttrrecl b}~ TriTeclt for suht~ort serl~icca hro~.~ided at t:'liet~t's site car other locatiatts remote fratn Tri"l'och's principal place of` k}usiness. Such expc.n~e,s shall b. pair] bt C'lient on receipt oC 'l~ri-I-t:ch`s in~aice Cor such expettsGs. ~.~ If Client fails to rene;~~«~ Softl~sare 5ttppat•t for anv rti~r,c~~"al terns b~. c.~;ec'ution oC't}~c applicable St>ft~~are Support I2crte~~a1 Agrsrernent and paymt;nt oC the applicable Saftt~are Sttpport Ctrs, Softlyare Support tnati l-~e rcttdcrcd by Tril"eclt, at its discretion, art a time and matct~ial basis, at TriTcth's then current rates for canstslting anal stzpl~ort phts expenses at~tl t."plate license Ctes, If C.'lcnt ceases to keep in f~~rce ate ant7ual Safi~~~are Support. Agreertlent, anti rtsumptian oC such annual support shall be subject to pa;,~n7ent try Clietrt of all pt€St unpaid. Saf't~varc Sttpport fees in addition to the Saft~tiare Support Cce for il~te current support year.. Client ackna~~.Icdges and agrees that the prece,tling clause is reasonable in light of the fact that the t.rpe,nses incurred ztntl resattrces tievotetl by TriTech to farther de~e}apment> enhancement anal support oCthe "l'ri"loch Sofi~~ari; mast ht spread aver TriTech's client base atld fair]}° shared by all 7`riTech Sofia:°arc users. tia a 1 « t~~. thn a -;rrt ';# 401tt1#r~' SUnt~ttf: r`1 a-C:~i71t'tif V • i}4 (?i#~ti ~^;;. ?~kt~' iii Tc'~}3 ti~+#?trarc 1 aE`Tt?5 t ,.~ 'file`r i..a ~ b"r~~;7r~~...r•, t,ii .. ..z-+l R ; ,sic tic',,} ur~d .~ t,c dt°,#.~~. l~. .ant; a Thr #;ni tiw.#<a. S'a4t~•10. _, 250-5 3.5 :~11 amounts clue and payable to "I'ri"~I'eett hereunder shall, if not paic~~} tie~~l-ren due. tear a late char:.3;e ec}ttal to cane ar~cl one-halt'pcrcet~t {I-1!? ".,) per month, or the highest rate: permitted bti lava, u`hiche~~~r iti less, fror~~ fifteen { }>) days after their due slate anti} p<rid. Re~zit~tn~zce Aclclress #ctr Par~rnents Only_ .} ri i'cc~h Sof'tavarc Sti stems . Past C)f~tTce ~3ox ~ t~~;r } <)~ IUallas. -IX i5?(i~-l 92 ~.6 Except far taxes for which Client prt~vides Tri'Teeh avith avtitten certification ofits tai-exempt status, if TriTech is required to collect or pa} sales. use, property, value-added, or other such taxes based ors the sc~ftavare or s~c~ti ices pro` idcd cinder this .~lk~;reement. a.tld,~c~r C'lient's ttsc thereof. them such taxes shall be ina-diced to and paid by Client on receipt of° such iflvt)ICt. =iA Tl~:I.E.PHn"tiE SUPPORT.' -CriTcch mill provide 'l.elt~pt~anc Suppc?t2 sira ice taaei~ty-tour {?4) hours a cfav, seven {~) d~.ta•s <r aaeek a~ more fully ciescribccf in ,ade:lerichtm }3. Client will ensure that i~nl} personnel properly trained in tl~c op4ration tend tisa~~e of the TriTeclt Software avill utihce the °I"c}cl~honc Support sirvice. S.0 SOI~"T'1'4',aRE ERROR C'ORRFC."TIOv If, Burin, lhc; tern~1 of this _1~ree~n7ent, C'lienC detern~incs that Software Error{s) exist, it will first tea}loaar any error procedures specitied in the "[°ri'fech Docut~nentation. II° folloavin~ the; e-rrnr procedtires clues not correct the Softw<3re Error. Client shall immediately notify TriTech pursuant to the guidelines and procedures d~5cribed in ~~ddendtrm I3. setting forth the defects noted ~;~ith specificity requested by 7~ri~I'ech_ t_fnon notificaton of a reported Soft«-are Error, .[,ri°I'ec}7 shall attempt to reproduce and verify the error and, if so verified, gilt correct the Sc-~ftevare Error{s) in ciccordance am~ith .F~dclendum E3. Ifs TriTech is unable to rcpraduce thr. Sotttvare Error at ~'ri"f er:h's lacilit}~. 'l ri"Tech «-ill assist the Client ir7 capttirint~ the error uttliirt~': Tr-i Cech's ~`isi`vet Black £3ot, or anti~~ subset}uent replacement, technology aa•hich lobs user actions ;rncl =,tistetit eonfigtiraticm. Inyth4 rverxt that the error cannot f>e capttireci via Visi\Gt Black Box, but is reprocluciblc at the C"licnt's site, the C Bent m<ty request onsite assistance. It the Client and °I'riTech detei~~~irie that it is necessary for -C°riTech personnel to irav~l tc~ Clitrnt's site. to rc.prodtice the en-or, Z~ri"}~c;c}~ shall pay its travel expenses incident to the on-site visit.. I1; lx~aaevcr. the rep€~rted problem is detcn~lincd to }rive been c<ittsetf by Client Equipment, 'ubcontractc~r Softaa~are or Hardware. or S}stern Sottavare, or is othenaise nc~t attributable to tl~e Tri l~~;f.~}7 `;ottavare. t`lient sha}l, pay 'CriTech's travel and }abc~rr relatetf to the on-site visit at its t}~er? cri;-~~ent }sourly mites f~~r technical support rr7c} enL~inccrin~~. yat ~av : , ~ ..~ _r~.Cnt _ ~iiJj'tw3rc Supy~ JJt 1~.~cerr~cn! °; - . t ;, -~t ~~)J~ ~?-rE1CC?: S<JfLwt7rr tiystc~n~ l:bniiiter~:ial d~ E'J~oprsc;ta,..4, :3 j9 ..'_ f ~. LC'»t- `: Lti C:II((l ~t9;.' 4: iJ;!1[1 !:t .t~ C7 Z 1L' t. iiil Y ~w tt1 ~ ~1 250-6 fi.fl 50FT~Z'.aR>'~ l"T'D1TF:S from tine tct tirnc at I'ri"T-cch"~ discretion, C`pdatcs to the ~L~riTeelt Sof'Ie~~are anti Release tiotcs t}octuT~cntrr~,~~ the i ']xi:~tics evils be dee eloped anti provided to Client. =~}1 I_]pdates and their acctnnparr~in=`~, Iteltase tic>tes shall be suh~ect to the terns and conditions of the Purchase \~=ret~nt~nt and ,half bi: cleerrt~tl iie~rtscd Tri 1'~ch `~t~1:tti~are th~rettnticr. (l.'pdtttGs clc~ not include neee e ersions or separate tlodttles or firrtctiorts t}gat are separatclti~ licensed and pr-tc;t}.1 7.I) L.I1iTT_~"I'TC)NS 7.1 Sotievare Support for the TriTe,eh Software shall. bt. subject to and conditional on Client's in~plerltc;ntation and use of a version of the TriTech Software that is the most current production e~ersion thereof that is offered to Client. If C'Iient does not implement the most current production version when it is made avail<alale, TriTec.h shall only be obligated to provide Sofr~e~arc Suplae,r7 for C'iicnt's version of the TriT+:ch Softev~~rrr: for a period of to{ele~e { 121 months thereafter. %' "l'riTeclr shall not be <rb}i`~<rtGC:i to provide. Softe~~are Sup}wort if (.'heat is not cur-r-ent on the piavment ofall Softerare Support fees tnd e~per~ses. %'. II' <tnv of t17e r711oe~ in<.; circurtlstances exist, ~I'ri'I-ech shall be entitled to cltar~re adtiitiortal Softeare Suppt7rt fees plus exp:nscs at its then current rsttes: N ~'. ~.l Problems in the Tri'I-ech Software are caused 'by modification of the Tri`l~~ech Softevt~ire. Subcontractor Softeare or Hardevare, System Sofware, or >/cluipment b}~ Client or a tl7irei party e Nether or not permitted heretrntier. ~.3.' Problems in tf3e `I"ri'L eeh Soft~,vare are c~~tttscd by tl~tc "I`riTcc}r. Sol~warc not beinK~ used irr accordaztce eti~ith tht "I-ri [`~eb I)ocuraacntatiort, or c~thcr instructions proditi~d by Tri~Tech, or by misuse or ncblect. '.>. Problems in the "I~ril'ech SUlteeare art: caused by softtivare not provided by TriTech, not appro~°r;d by Tri~I"ech ire evritin~ or not specified as compatible in the ~TriTech Documentation. {"l~he procedures for seeking approval For loading third partysoftware or~t a CAD `vVorkstaticrn or I~Iobile Client (~~ohile '4'w'ar-kstaiian) are set forth in paragrap}t 7.4 of this .~~~reement. .rvls provided in said provision, sc~rftevare Cleat is not provided by "I"ri'I'ech shall not be loadccl on a C.~U Ser`;~er or 1lohilc Servt;r.l '.3.rt Problems in the TriTeclt Software art; caused by equipment e~hic}1 does not rTl~et the confi~uratiors regvrire~tner~ts specified in the TriTech Docrzmentation„ by failure of C'licnt to pr-oxide and maintain the srtt:_ anti facility requircrner~ts described in the Purchase ~~>rcertacnt, or the use t~~I" `'clones" (~~encric '"]took-alike" equihtnent} as substitutes for the t:quipment listed in the Pura}rase .1rreerncnt. } ~ti'~.," ti<si~rarc ~~~pt,~x h_a~e~me~t ~". ~$+ -`~t ~ 1'~ L:_4„~t,lC+e,t;c ti.,tc.r;-;., ('>;~,it3c~1 +.aw cS. }'Tk~llCiCl~ey :ail cd ^ntat .:,e ,.E,p, , ,,~. t;.~ ~ 1~.:e r.__ ~ .1 250-7 ~.,~.`~ Prohletns in the "T ri I c;ch Software arc eaused by ane or Wrote cornputct v~ir~uses that l~at~tve~ not bee_u intr<>dcrced irate? Client's ;tisicrra hw~'TriTc~ch. Client shall tr~taintain up to date virus chcckrra,~~ software atul shall cheek all sitft~~ <arL rct:ei~ cd from Tri"I~ech or anv other pcrsijra i~r eniitr fear ti iruses l~cforc: inta-oducin~ that soft~varc; iratca away Mari of tlae CAI7 System. if desired tare Cliexat, ~I-ri`I'ech will pro~~ide L-pdatc;s ora nac:dia rather than direct tlow~nlo~aclin~~ to facilitate this virtrs c}aeckitav~. If; clesl~ite such. check, a virus is introduced by TriTecla, Tri~1'ceh will provide a virus-free copy of" the I~ri I ech So}tw~are, aaad will. at its expense, reload said soit~~are {hut not C'}ierat's data) on Client's I:'cluipment. C}lent shall be responsible ftrr reltaadir~~7 its data and, to tht~at end, shall practice reasonable hack-up procedures for the CAU system. .>.Ea Prob}ems in the 'I ri'T`ech Software are caused by Subcontractor Softw°are or System Soliwarc. including but not limited to operating system software. ?.>. ; Problems in il-re TriTi;c}a Solt~vare are caused lav lack of Year ?0(?{i Compliance of hardw~arc, ~t~ntivare, sottw~ar~, data or other t~acilit.ics n~aanufactured, developed andlor othcr~,vise provided b}- Client or third parties, including buC not limited. to ~;c~uipnaent, Subcuniractor- Sow°are or I-larcT~vare, or System Sot~ware. 7. 5.~ Problems in the Tri'T`ech Saft.tivare are carrsed by Equipnaent or softtiv~~trc provided b~~ C`lient or third paa-ties with which the TriTcc}a Software interf-trees or operates (itaclttclin~.; but not limited to Stabctantractiar Soft~~are or Hzardware or System Software), incltrdin~7 but not htnited to problems caused t~~~ ehanr,;LS in srrch Ec}uiptxt~nt or softw°are. '.-T If, at any tune after inst~illatitm of the S}'stem, C.`Iient desires to load ora a ~t~'orkstation any software taot proti~ided by T'ri'I'ech, it shall, before loaditag such software, follow the procedures ita tlae then ctra•rent Client Support Sct`i'i~i5 ~1<anual. trntl contact tllc I-riTech Tee}araical Set-~~rees I}epartmerat at the. telephotae taurn}>ers listed in ,~ddenduna I3 for assistance as reyuiri;d. Such action shall not eonstitr~te apprc-v3L, er;press or implied, fr>r the loading ol` specific sofh~•are on a LYurkstation, nor an~~ e;~pre~ss ar implied tvarrant~~, representation or ather obligation by 'I'ri'T'ech with respect to snch software, including but not Limited to its suitabilit~a, operabilit~° yr capabilit~~ CQ meet Client's needs or expectations. Client agrees that if'tlae loadin~~ of such. third party software degrades the performance caf tlae System, Client shall immediately uninstal} such software. f'lient shall absolve, discharge and release TriTeeh fi-otn <any o17hA~ations or liabilities related to c>pi;ratit>n or pcrftartnancc oft}ae Systc:tm, the "frfTech Softer-are. Subcontractor Software, or any other- item provided by TriTech rander ibis ~greLmeut, inchtditag but not Iirnited to any liabilities for damages related thereto in connection with the installation <:rf such third party software. 7.5 TriTech Sof"t~~°are Support under this ~ygz-ecaaaent, or tiny retaewal car exteaasiata thereof, shall not iaaelude desi~~m, cnginLering, programming, testing, in~L~lcmentatii~n or ether services rc;ndercd necessary by changes in Subcontractor Software, System Soiiwarc or Fyuipnaerat, or in any other hardware, firrn~vare or softu-arc: provitlccl by third parties or Client ('T'hird Portz (_'laan`~cs'•}. ;~n~w such scryices shad he sttbcct to additional charges by 'CriTech and tlae mutual a~,recrne_ni of'the p<aa-ties pis tc, tine ter•nas anti conditions under ~~~hich such services arc rent}orcd. :-yb}s4rit sot;}a aW;rcenaent, "I'ri"I`ech shall be under no obligation, express or implied, with ri:sl~t'ct to such Tlaird Party ~`han_~es, ti;r ~t:A~:aFiri i7 jasst=,eal Snftw~src5u~~+~.* ~R_rectt>en> 4' ~ ?i3i iS Sri ac~.~ `, +a~YUrc S vare~,y _. & {°t'D ;~-twrv ! ~; t ~. - •, _~ .~? tiryflc, ~ ac c~y~ = fn tai+> ~„ ,:e L ni cd tiCitcc P,< -, . _. 250-8 '.6 Problems in t}~c TriTeclt ~oftti~ ar-e~ or tranmissian of datst caused by wireless scr•~ ices are not t~. ar-r-4rnted by TriTech. or t;oti t:rGd ar~dcr ilzc tents i?f this Agreement. C:°lier,t's us;: of services pravidetl by «irclcss sere ict: providers ter carriers, anti the security, privac}`, ar accuracy of arty data providccl vier such services is Ott C."lient•s sale risk. '.~ C-'licnt is respc~nsihle fc>r nrairltairrirt4.; the required certifications far access to C'lient's state C: ll~ system(s1. '~C'IC" anti: or ~thcr heal state, fe<I~ral and<'or other applicable svstcrns- ~.t? E:QL'[P:1tH:N"1", ~,tB('t)R`i'RAC"['C)R 40t~~Tt~'AFZE; :1tt) HARDt~'.~RF;, 1Np ~~"STf:4f SOFT~~".1RF 8.1 'tilaintcn4rncc acid support liar )~t}uilnter~t provided antler the Purchase Agreement is nat included under this AgXreement. liaw~ewer, since praper camptrte;r ec}uipment maintenance is required far prt}per sy°stem operation. Client shall acquire and keep in farce egtripmcnt nrrirztenar~ce agreements f<ar the computer srn~ peri}~heral egtiiprY~ent used to operata the TriTet;h Saft~vare, ar to pravicle such t32aintenar~ee in-hausc ~vitl~ qualified persnnnt,l. If Client detcr-r7zines that an item of Fquipnzt;nt prm ids:d t=nclcr this Agreement does rtot perform as larnvidcd in the, aplahcablc:. sp€:cificatians, Client may contact -L.ri`I"ech trsirt~ the hracedtrres described in ~1tldendtrm B. ~°riTech shall il~ereupan provide help I?csk services tt~ Client ~vitft respect to the repnrteci problt;n~ anti reasonable assistance, as clcfined in ~.2 bela~v, ire clctcr-rr~inint.; tltc cause of il~c reported I3rohlc;m. '~ot~~ ithst~tnain;.~ thG ubc~ti e, _I.ri I'r:ch is nat and shall rtat ire a party to such. third party rtrrrintenance a_~reernents nor shall 1"riTcch l,avc ar~y obligation ar liability thereunder. ~.:? ~Iztitienarzce and support fir Strbcorrtractar- Sofitvare, Strbcfmtractar Nard~iare, nr 5ystcrt Snlt~var~~ said ar licensed utulerihe Purchase; agreement shall be suhject to and provided in accordance with aty rnairztt~nance.• a~~;reerr:enis ber~vect~ C'licnt and t}le suppliers thereat: nr other third party m<:rintenance providers. if Client determines thai ~u~ item of Strbcnntrac;tor ~;nft~vare or I{ardtivare, or Svstcnz Sott~vare provided rattier ttte Purchase, Agreement does not perf<tr~tt as provided in the-~rpplicable Sl~recilicatiozts, C`lzertt rnsn cont.rct. Tri t"ech using the pracetiures described in .-~.ddendum B. Tri`["eclt shall thereupon pravicle Help Desk services to Clrznt i~~ith respect ttt the repnrtecl prnblert anti pravide r4asan;rl.>le assistance tc? C`lit;rtt in tleten~tirting the causes of the reported prablem. Reasar~able assistanc4 consists of an evaluation of the reported prnblorn ire order to determine if the prablem is being caused by a TriTech Software issue nr an issue t~ ith a Third Party Item that needs to be addressed by the applicable i'endor. .~s part of the evaluation process, 'I'ri~T'ech will share v~•ith the Client ntn-prapr-ietary information rclatecl to ilte tlia4.;r:rnsis such as errs:~r messages, database trace infan~r~atittrt and other inlitrn~atiort that led 'I`riTeclt to tliagnase the Tl~ir-d Party ]'tent as the likely cause and tuhieh may zrid the C~'lient in seeking zi resolutinrt from the applrcable rTtantrfacturer ar ti'endnr. Far issues involvin~~ lt~'incic~~~s O.S sofri~~zrre {h~lcr{soft) th~ri 4=enerall, alict the o}~oratiarl c.~l•the Tri~l~ec:h SotC~vtre and is not caused by a C`]ieatt specific installation. ar caniiguration of tht: C)'S, I ri"Tech ~i11 }cc7rk «ith y9ierosaft tct cal>rdinate tfte resolution. titatlviChstandirtg the above, Tri"I'ech is ttat anti shall nat 'be a party to such third party ttaintenance agrc,ementa nor shall 'f-ri_Loc17 lta~~c suty obligatiozY ~~r hahility thereunder. _ \i11iK ~fY ~Liri'i 1F \ ,?tw }TG I'.L - _ C'o~,~i i pit <' ?i i h C,•rl ~~c rr 4„f'..ca; e S~ „e~1~ t .iia~~n .,, ~ i'rsy, sera?ti '~ I{ ; .~, rt~c cxi urtuc. ~11c copy _ f,; .s».~:; ~ l ~~ l ?alu' ~ta'.fi: I'.r_:~ ~ ,r'. 250-9 '~.t~ LI11I"I'A'~I'ION OF LIf~\BII.ITY 9.1 ~~l'he total liabi}it~~ t>f Tri"l eef~ fc~r ~nti~ claim or darna~~c ~~risin~ under t3~7is aE~re::-meat or ren~t~ als tiaer~c~f, w~hcther in cc~ntr~tct» tort, bti~ ~~;°a}r cif 1ndemniCscation car under statute shall be lir~~ited ic:~ (i) direct damages «hiclt shall not exce~;d the Software Su}~}port fees paid under this agreement by Client to `~hriTech for the ttivelvz (12} nranth term during which the: cause of action for such clain~r or darna~~e arose or {ii) ire the case of bodily injr:~ry or property dam~i`==~ far ~~hicl~ defense and indemnity coverage is provided by TriTcch's insurance carrier{s). the carerau~e lin~aits of~such insurance. 9.2 IN ti(} EVENT SH~I_.C. TRITEC`II BE I,IABLF., ~~'HE~["HER IN C"ON'T'RAC:'I' OR IN "I"OR"I`, FOR l_OS'I' PROFI'I"S, LOST SAVINGS, LOST DATA, LUST OR DAI~IAGE.D SUFTVti'ARE, OR t1NY OTHER CC)NSEQLJENTIAI: OR INCIDENTA[. D:11~iAGES ARISING U(:T OF THE IJSE O:R NON-USE OF T'HE TRITEC`FI SUFTtiYa-RE, OR OTHFR~VISE REL:~ITED TO THIS AUREEIvTENT, RF.GARDi.ESS OF ~~"HF.TIIER TRITECIi IIAD KNOW"LEDGE OF THE POSSIBILITY OF :1NY SL-C'H I.()SS (}R ll;1.(iIAGE. I0.0 UISPG"I'E R~:SOi,tiTIUN } O. I ~I~~he parties desire to resolve certain disputes, controversies and claims arising out of this a~~reement w°ifht>ut litigation. A~c~~rdingly, the parties agree to use the fflllowin~_> ~.rlten~ative procedi~rre as their sole remedy wwith aspect to any dispute, controversy or claim arisin~~ tram or relating to this agreement or its hrcacl~. Tl~e term "Dispute" meads atay dispute, controversy ar clai*n arisin~~ under or related #o this :~~.~reement. 1 f).? :'fit tl~e «ritten request of a party., each }?art)' shall appoint ~~z knowledgeab1e, responsible representative to meet and nego#izac in good faith to resolve any Ii}isputc arising under this a,~reerrlent. Tl~e parties intend ttt~tt these negotiations be conducted }primarily by non- la~vyer, business representatives. {1-Io~ycver, the parties may be assisted by legal counsel in such negotia[ions.~) "1'he discussi<.>ns shall be left to the discretion of the representatives. t_rpon their mutual ags-eer~rrent, tl~~c representatives znay utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential inforntation developed for purposes of settlement, shall be exempt f~~rom discovery and production, ar~d shall not be admissible in any lawsuit without the concurrence of all parties. Documents idernifed in or- provided with such communications, which are not prepared for }purposes of the negotiations; are not so exeniptecl, may be produced in discovery, and may, if othet~v~ise admissible. br: admitted in widencc in the arlaitration or lawsuit. 101._5 It' tl~e negotiations described above do not resoh~c. the Dispute within sixty ((>()} days of the initial urrttten reduest, tl~c, Dispute shall be. submitted to mediation under the Commercial Mediation Rules o.fthe an~erican arbitration association {the '`~ssoc~iation"). 7~he ti;nm ~r t f ~jc' )e r r j scr Sr .lw€!rs Stir~pi~„ n~~rcee~acru S 3 U~ (~ tpri_ t '~7rS~ 1`ifec?~ Sutiiaeatt ~tiss~;t» (ca±i~9-. ~a..~. < F,<ar3 reta; ~~ ih2psP~ sne,' }Z i _ _-cetl under .''e er~r~r-~ .h: ia~4~ ~rt .,c [r,itul psi*.e 250-10 mecii:rtor shall b: selected horn the 1}ancl of rrleciiatars of the :~n~ericar~ tlrbitratiort ,~ssociatian ~t'itlt expertise ire computer (a~~ and te;:Mr~c>Ic7gy. 1 tJ.4 I (- t'he C)ispute is not eampletcly resolved in such mediation, either party may bring, ]c,~al action in f)rartg: Count, C'alif`t>rnia. I Q b;acM party shall bear its ou~n casts of iMese procedures. ~'~ party seeking discovery shall reimburse the resl~anding party the reason~bie out-af=packet cost of production ol~dacurrrer~ts {to include search time and reprtxluctian timi~ casts}. 12.0 SF:~'ER,1B[LIT1' ]f any term, cla~rse, sentence, paragraph, article, srtbseet~ian, section, provision, eanditian or covenant of this r~,greetnent is Meld to bc~ invalid ar unenforceable, for any reason., it shall not affect, impair, invalidate ar nullify the remainder of this Agreement, but the effect thereof shall be conbned to the term, clause, semence, paragraph, art.iele, subsection, sc~ctian, provision, condition ar covenant of this agreement so adjudged to be invalid or unenforceable. 12.Ca i~C)RC'F; ~I.1JF:I.JREfF X("LS,1BI..E I)FI..AY `~ierther party shall lie respcansiblc; far (allure to fulfill its obligations he.reur~cler ar liable. for damages rc;sulting fre~m delay in perfa~~n~anec as a resirlt o#~ ~~ar, fire, strike, riot ar insur<-ection, natural disaster, dela~~ of ca.rriers< gavertnncntal order ar regulation, complete or' partial shutdown of plant, un~~tvailability of 1q~ripment ar software from suppliers, defa.rrlt of a suMcontractor ar venclar to the party if such default arises atrt of causes beyond the reasanabte control al'sucM subcontractor ar ~°ct~dar, tMe acts or aizl~issians afthe other party, ar its aflicers, ciircctars, employees, agents, cantractars, or elected afCicials, and%or other occxarrcnces heyand the party's reasonable contra] {"Eixcttsable Delay" hereunder). In the event. of strclr Excusable Delay. perfar-rnance shall lze extended on a day for day basis o€: as otMer~cisc reasonably necessary to compensate far such delay. 13.0 CONS'I'RL'CTION AND IIE:IDINGS ~fhe division of this ;~greernent into sections and the use of headings of sections and subsections are far convenient reference only a:nd shall riot be deemed to limit, construe, affect, modify, or alter the meaning of such sections or subsections. 1~.0 ~'VAI~'ER l 4. I "l~hc failr~rre ar delay of any party to enforce at any tune ar any period of time: any crl- the pravisic>ns of this Agr~ernent shall not eanstitute a present ar fu'turc wai~~er of such provisions r.ar the ri~7ht of either party to~ enforce each and ctiery provision. 14.2 ~a term or provision hereof shall be deernecl tivaived and no breach excused unless such «-giver or consent shall be in writing and signed by the party claimed to l~~ati~e evolved ~artta Arw !xr t)v~srm~er~t Sc,ri~~. -'e Sa~~~r; ~1~~ree~rncnt +;~ , { -,,,~.~ 7t'inC "E~ri'r'rc3i `;ofl~~.--re ~.,:,~ms C'cinridtnna' & 1'ropriei~.ry I ; uhf .. K.~-hh -. ~~s~c~§ ans~;c~ ' . ~ ,~st -t ta4+s ~ t the t'itit~d St,i€c 250-11 or cansentctl. Ar7y consent b}~ arz~~ l7arty to, ar tivai'<er alb, a breach by the other, Tether expres5ecl ar impiieci, shall not constitute a consent to, ~-giver of ar excuse tier any other, di ffererTt or subseluent breach. 1~,0 E'~TIRE: AC;REE:ItE~°I' This A~~rc;cmertt and its Adde-;rida o- :'lrnendment(s) represent the entire agreement bets><een the par•tics hereto and a final cxI?ression of their ~~reements with respect to the subject rn:ttter- cif this Agreement and supersedes all prior written a4~reemerits, ar•al a:*reemcnts, rcpr~;scntations, trncle:rstandin`~s ar negotiati~~ns ti~ itl~ respect to the matters covered by this 16.0 APPLICABLE L:1t~' 1xcept to the extent that this Agreemer~rt is governed by the laws ofthe t.Jnited States, Phis AY=,reemcnt shall be governed, ir~terl~reted and enforced in accordance ~~,~it}i the la~~~s of the State of California without re~arel to its conflict of l~~tr~~ provisions and not including the t.nited rations Canvcntion on C'antracts for the Intcrnatianal Sale of Craods if such cor~tventian would otherwise be applicable. 17.0 :~SSIGN«;tiT Lnasnxuch as this Agreement is intended to secure the specialized services of Tr-iTeclt, TriTtch rna}~ not assign, transfer, delegate, or subcontract any interest herein t~•i#hotrt the prior written consent of the Client, which eonse}nt shall not be unreasonably withheld, and any such assignment, transfer, delegation or subcontract without the Client's prior written consent shall be considered null and. ~•oid. ~ merger ar acquisition of all ar substantially all of TriTeeh's assets shall not he considered an assignment hereunder. 18.0 lVC)TICES .All r:otices required to be given under Ehis Agreertze;r~t shall be r~tade in w•ritir~g by (i) first-class mail, postage prepaid, certified, return receipt, (ii} by regularly scheduled overnight deliv~a-v, (iii) by facsimile or c-mail fi~lknNCd imnzediatelti by first-class mail. «r (iv) by personal delivery, to the address set Earth below, ar such other address as provided in ti~~ritin<.~, Such notices shall be clcerned ~~iven three (;)days after mailing <t native ar ono. (1 }day after overnight delivery thereon. To Client: To Tri"I'ecl7: Santa Ana Fire Department "1'r-i"I°cch Software Systems 1 ~ ~r) S. Braacl~vay ~)S(itl Mesa IZirn Road Santa. Ana, C."A f)??07 San Diaga, Calif: 9?121 .~Clrl: Chief Martin Attn: Christopher D. Maloney, 4;mia ~ :~ l~;i~ 1) , ~~r'[ Scrt£~i~st~c ti~ippttt; A~?r'ee~tc`.rV ~~.33;(»C~.z,,:ri.•. ~ 6i~Ttciiti~,;twa~eSY-.;esr7, f.oriiiale~:S;al6:t'rup»~ctarti~ 1 in~tiihl~.he ` k . f ~~ s: ~r~ : d ur~dcr the ~s,p:gr,rh[ lags cad tt?v Lfiitcti :~[,3tes Pane 1 (o 21 250-12 1'rESidcnt 19.0 GE\ER11. TFR~1S } 9. I -Phis :~s~rc~~n~~~nt shall he hindi~tz~ on an~I si~~~it1 i~~urc to the benefit cif the h~i~•s, executors, administrators, successors and assi;ns of the parties hereto, but t~othin€; in this paragraph shall be construed as a consent to a~~y as-sigt~rnent of this Agreement by either party except as pr~:~vided in the ASSIGN~'[ENT section of this A4.;reen~ent. 1 ~).? -Phis .~,~~rcer~~L.nt shall not become a hindi~~~? co~~~itract until signed hV an authorized officer of both patties. antl it is effecti~ e as ofthe date so si<.;ned. 19.~i This AgreEn~~er~t may be executed in any rn~~xtber of identical cormterparts, and each such. carintcrpart shalt be deEmed a duplicate original thereof. 19,4 The provisions contained herein shall not be constnied in favor of car against tither part}= because that party or its counsel drafted this Agreement, but shall bE construed. as if al} parties prepared this Agreen~errt. 19.E ~4'hcnevcr the singular number is used in this Agreement and «-hen required by the context, the same s}~all include the plural, and the use ~~(' ar~y gencicr, be it masculine, fcmir~inE e,r neut~:r, shall include all of the genders. 19-6 .~ facsimile of this Agreemcr7t, its Exhibits and amendments, and notices and documents prepared under this Agreement, generated by a facsimile machine (as well as a photocopy thereon shat} bE trEated as an origirzal- SIGNAT(RF PACE 1'Ol..LO'+NS tiataa ~~,si h•irr 1) n~r;e~c^t1t JUSf's~°ureSi;~p,rt A~~ee=?ieFit b, t.(lh <'<,p4~€igl~+ . 'A}l}h 1-~il~;x'~ ~;i_i(~.+urs; ~;~-strnas (~o+iiide•:,U.al ~ i'r~>,x,ezar lEtpuilhltcd: tLi~iu~ i~~ir~t ~ ~3~}t:o~ tLc eo~yri;~ht fay+s a; laic t n:[c~1 Stutc~ 250-13 1~7.~ "I'HF. PAR"I'IF: S' ;+~t'CL:I'TA'~C[ IS F.\PRI~:SSI.4' I.IYII"CL~D "TC) THE "I'ER1'IS Iii?KEOE' 1~Q ~n DIi+Fi":R[?ti"i' OIZ ADI?ITIOVAI. `1'I";Ri~tS C.t)`r'L":1LNED IN :=1ti~' P(,'RC"It;~Sii: C)RI)F~R. ('O~iE'IR:~1;~`I°It)N C)R 07'HFR~i'RI"L'iNC SLiAI.i. H:~-Y'F ,A1Y C't)RC`E UR EL'Ea'ECT L'NL.1!'.SS E:XI'RF:SSLY AGREFiL3 'Tt} IN l~'RI"I't\G BY' E:~CLi P.~#RTY. t;TTES"I`. 1':'~TRTCT.A E. TTFAI:Y C ierk oCttae Council APPRC)VT:B AS Tf.) F'(:)R~'VI: :TC)SEPH lt'. FL)r`I'C~1-iER City At~tornw Tay. ~__..... Laura Shecdv ~ -- :~ssistarat City :1tt~nzcv REC(7i~I'41EVllEi) F'OR APPROI~`AL,: ~' ~ 'vTARC M.A.RTTiti Fire C'IaitT' ).A.'b'Tf..) N. RF'~Tv1 City ~'Ianager t:Oi~TRACT{aR ~, t f i - ._._._.~....._.m..._.__ CHR STC~T'ETER 1~. Iti~1AL0?vIY T'resicle:nt TriTech Software S}~ste~aas Eatapicryer TD ~ t15387T079 Santa ~n,~ F,~o! Ikparvi-~er,7 4~.ti {th ( , tier ~1~• ~~ triFcel~i tit~l`t~u;id~L Svtetus { onliirra~af A Yropnetar'Y i,Sr,o~ii~lisf~rd la ~ ~;ci~. ~ i wrc;et itti a+~3}~n~.lr, ;aeas ut t}n I;rritc-d States }'u~~. i ~ uI ' I 250-14 Sott~.tiare Sup7or~ ,~crri~erncnt :1DDF~Ufy(1I .~~ SUIf~FOR"I' FEE'S Si3~pcir-t lees tier i1~e inital term he~7ir~nn;~ .June 1, x()()13 and ondirtg tLVel~ e { l?) rlror~ths thereafter, hascc3 on thy: "l~ri"I'ecl~ Sof"t~'F~arc licenses clrrrently }reld by Client (listed befo~~•'} arc 511-~.15().i!), irrcfridin{~ ~r~}~lic~~bfe source ec~cle escrow tees. Prior to the; end of 'il~e then. current support term, and each subsequent annual support terrxl, `I`ri-,Cech wi11 fon~°ard a~Ya invoice to Client for the annual support fee, ~vf~tic'h fees are snbjc;ct to increae in accordance c~'ith section 2.? of thrs ~'4rcett7ent. !fin increase in the 7-riTech Soft~~are licenses granted t<> C'lient tivill result in an increase irr the Softtivare Support fee. The remittance- address #'or pay~nea~ts anly is: TriTech Softtitare. Svstcrns Post ()f`lice 13ir~ ~~ G?I ~~)? pan 1".v r~-~ Oct rn~r it Se~fttitarc Sis~~urt :~~retrrtcnt i`.` ~~, z _1~; 7fH~M f*i1'sr't ti„t`:warc 5yitctii. t csr?ticiential ci Yrcrpt:etr~ .. ~ .. ~. ~' '?~'-CSC;t.'l; ?37H.)L 'I1e. Ci+~p4 i5-~1t 1<idFS ~"hc L.}I773C(,~ St3 ti r. 250-15 :lddendut~n .~ (continued) Product \xrne ! * crt I,iccnses Yre~ious i..iccn~xs L`t~!C';~I) t~irc I~:IIi tier°,2r ~inft~'<'are I L i~iC:\1~ 13a:k-up Seri'er tilaft4~etre [aj I L'kS3t.:L.I.) I'7F`c' I'.LIB+L`".Orl•;.SI:1tlOk14C)#t~§'are I'.'1I5 L`lcil kt'. ~OITt~:lr~ ~8~ I €°,~)I I Iltte'rf4lcc` ~t+ttki'arr 1 F1lph:t ~tItY1C F'i~ Pa~:ang IntCrfat~ SQtt t~:'aTC I L15I Interface S<af`t~~ttre (a7 I 4I;1A 19S Rac~Ii<~ Interface ~t)ft>,~'<rre 1 I.athatFCenrertt t"~7r:~I~9'~tS lI ttrtert~.ce 5c>f't;tiare 1 t; ~I) to titatik)n Yrttrter ~nltti~are 1 CF'IP.;~ Interface ~oft~~are a~ 1 ProQ.1 Itucrfacz Svtt~~are I L- aaiC~A[}dire R?~iti Itit~rtace 4r?ft~varc 1 L .,_i > kte I21:iS I. nterptl~•c Sc>'tsiarr ?a) 7 \c~r L.icenses i`rcrnt 33:17 L :siC'.At} t~uickest P.itl) L}ispatch 1 L't51'.\~Ct til`~I.,iItl: d.~1113i~~ I..SiE'ttC I L'iX1C. :~L) taeU13~C t~rC)SS }Z C'fc i:; iYCC (tai)li1t IS .~k:Ig~rcNr? L'IulIL7Ie I L'i~tt"'LI.) I:)isl~;rtch dZtilc'~ 11cti3tk9e 1 L ]titt ~[} St )P ~It,slF:,e 1 L~'k`ikC 1.L) Adti~ancrd 1'it`13Cr5 lloclu?c l L'i~i\et d3rc:>:+~et 1 L']StC`L~) I::St-'fr3ltfl!ItL:~ct'~'t'I'S4't LtleFS;v I L'kitt.':L [~ I eat:..l.r;3inin_~ i. ser SLL~ I.kcensc 1. C'tt5tiu?) St'atir}n :1k:rtin~ Itterface 1 l'isi\et ldr)k~il:~ tt) f';L[) Interface 1 l'isi\e^t 'l7tr't'sil! tic•n'er' I L~i53~~'t L"Ii>I)k'. ~Iflpl7kt7~, '.">C'rl'~. i' I L't~t\et _\IUhii~ I.3<kL Client License (I~~ 3a t tsi\et lto~3ic ;ttappitF<= l.kcerrse :+ :LL'C. [d?.a 3; L'iS?t.~;LI) LC3rTtrCllltil~ ~aS~i:3tC'Irir ~tt7dttd;: I .~rl'I1FFC Htla~ KC'I30r'tIi]~ Sr^r~,'er I ~itanzlal,I \ t11t'AI} ~1cI~•anc.cc': C.`At) t~:> C':°1I) Interface Licetr~r: 3 fat} rcrtFO~ed frvtn ~Irpportp~. C'licni ie~tluc~t d'l a,ni~: '~ tat -3~ t)tai ptkr~.Fit~cd Itre itr:~talf ~i s <) L ; , t7\. Ii:l CIF ~4°iIl ~~erit~~y~ thi ntlrnhcr r,f instal'sed ii~enses prior t~-, `(~<) suppa7rt rcrFeti~al. IIrE [ a ,:re~rt ~' ~ - { rrit ~ ~?,F<?3 t.' I~ncn tinf~t:car,, *~e e[TSV (ankiient~[il ~~ 1'rppr<<•:ur} .. S~ _., -c,v ., , ., ._ ~.-.~wiAht iau,: <" t"i< l;n t u 5C1tc^ ti: ri ~ai-~ S:a ~ ; ~ \grernxir~t 250-16 ~I)DF:~D[.li E3 SnFT`'~~,~RE F:IiROR CnRR~:CTiOV G['IDFI_I\F,5 ~~VD PROC`F..DCRIS {I) ~~11 ~r"isi{~'F~D Sc~ftu4trt t~rrars rcpc~rictt t>y C"lierrt empla~~ecs shall he resc~l~~cd as set fartl~ belo~s. lrlitiai respanse by TriTech wi11 be teased uparl ttae ~l~riarity assigned b~,. C'lient's stapervisar- c}f the C.~I'). Resaltttiorl respanse ~a~iil be lased upon the priartty oinfly agr-ecci aa1 by "I"ri"I°ech tand C'licnt. Client ~vili spec:it`y a central contact person at each CAD site and. a Client C::~D caardinator tivlla ~°ill he the fatal point for all C.~D ~tctiE-ity. f-'t if Client cictc:rmanes a Safttvarc l/rrc7r e.tists, Client sllall inlanechatel~~ natit TriTecll b~ teiephonc. folto~~ed by an errar repast in u~rit:in~~, settin; l~c7rth the dt;fects nc~~te~l ~ti~itll specifrcity~ recluestecl by TriTech. ~otte~,<tre 1"rrors may .also he repart•d ~°ia email io '. ar t'hraugh -"Lri'I"ech"s Support ~~elsite. ~otc' that C`ritiea] Priority So#tware ~;t~-ars nlust be reported via telcphoale. `l-he ~~~ritten report must be I`axeci to TriTc:ch tai {8581 -,t)`)_~tJlf). `t~elephanc. notification will le made to Tri l~ectl's VisiC:'~I:) support line at t (80f)} 1,~'isiC:~L), 1 (48fs? l asaC.'#l-). C')r' f8a8) i~)~)-()Jf). {i) "'tarallal `l'ectmical Services Hours" ~.r°e >:~()ta.n1. Through ~: ~(1p.n1. {PT%PST}, ~1orlciay thrauJl Fr-idav, c~cludin~:; holidays. "\annal ~I`ri tech C)fface hours" are 8:3()tz.m. thrau~h 5:3{}l~_m. (PT t'ST), ~9oalday ttlrougll F=riday, e:~citrdirlg hah4lays. {~1 "t~'he mt:ain support line ~~~ill be t:ns~~~ered ly ar1 au'taanated attendant at all 11tturs. The Ciierlt can eittlcr rcnlairl on the. line or press ? to transfer to the Technical Sen.~ices I)eptsrtmerlt. if a t°echnical den-ices rcprest:ntati~e i4 aj,:rilahle, fih~; call ~i•ilI he answered. antl hancllett iallmcdiately. if alI rc:presenttttives tare btasy. the Client ~~-i11 6e given the option to lea~~e a a1,c,ssage ar press f} Gera} in the ease of a Critical Priority Prablenl, as eleseribetl below. In the case of Critical Priority Problenls {as described beh~~t°) the Client shall press zero. .~lll other prohlern rcpotls ~~ill operate oat a call-back basis al3er lcavin~ a message in the support voice 111ai1t1i):K, {~?) I)taring ~c)nntal TriTeclr C)ttica= Ilatars. pressing zero ~r ill transfer the caller to the receptionist ~~~ho :iii1 assist the C'hent. Tt1t' receptionist «i11 use these praceeitares to handle t11e ca11 appa~apriately, including firxiiaag a Technical Services rcpreserltati~c or «ther p~:rsaalnel to assist the C'liertt. {6) after '~'oa-a~1al TriTLch t:)ftice flours, prs:ssing zero s~ i11 transfer the caller to afar enlert;eracy ans~~~°4ritlg service. ~t'11err ci;uaraet;letl ti? the :,erg ice, the ('liealt st1a11 }~ravade the operator «ith his or her narlle, oraanizatian naallc, cal]-back number where the `i`ecllnical Services representative n1a} rcacll the calling party, and a brief description r)f €he prohlenl (iracltzcling, if tzpphcalie, tare infarrlatioal that causes the isstae to le a. C~'ritical Priority Prohleall). sa 1r ;s ! > ~;~}Etatarc ti:tn~rin .~~Tri: ";)ezt: ~'. ~ : t,g (~~~ ..~ ~ < rri.au^t'1 4i;3j°4.xar 5~ aGt17~ ',~rti~3ct t~..i ~ti: €'rt>prie[arc i_~nn :.,h„~7 N ; ,_ cri ~:^~Ecr [iK' cn{~~.~~ i;~w> , ,~ e i. r, .e:.l Stars Pu_e '; f, ~,. _, 250-17 {?) I.)urin~~ °~t~rr7~Er} `T`echlaicaal Serti~ice.s 1-{arrrs. cacl~ St71tc~~are Lrrur reTzul-t or enhar~ctnrer~t I-egnest ti~ il} h~ rssi~~neti rIn issue nulnher•. "T`his number should he used fvr all stlhsccltrc;rlt incr~rirics re}atilr~~ tt~ the ~~riu~~inal Sot~tiare Lrrt>r rel~c~rt. }'rt~hlcr~~s reT~ortct~ tt(ter ~t~rn~al "}-ec}Inica} Ser-~~ices 1Tcxrrs E+ i}1 be }o_~y~ed and ~ssi<.~r~ed rIn issue nurnher tflc: next business t}ati~. tS) t:'Eiunt h<Il provide "r'ri'T'ech with a hi`.z}I speed titlta connection (rts n~t7rc fiI}fv defined in the ~-isiC':~D and l'isiNet ~;vstem Planning, Document. inclut}in;.; any strhsequertt updates thereto), a separate t}ata quality to}ephone modem line and a de;tiicatecl voice line t'n each case, as specifreci by 1"ri'Tech} to each physical area in tthich a `~ertier car interface egrriprtlent is loc:atecl tv cnahle l.ri Tech to access, tl_agllosi:, ~aptlate ar instal} :I ~vc~rkaruur~cl to the systcnl. C}lent. shall additiunal}y provide a .Dice telephone line lvcrrted near such txreas to ally« sit~~ulttlncvtrs voice aIld data ~tCCt'.SS. ~t)} 1Zeportc;d SOft~~'23re Crrt7rS will be responded td arrd resolved In aCCt7I'danCe ~4'LCl1 the IT1i1tI.1X at section li) belvt~,° if requested or specifit;rl in the response til~-te criteria helo~~°, z~ TriTech representative ti~~i}1 return t:he cal} in FI nlannc;r consisten with the privrit}~ anti order in which the call was received. ~.;Tient xvill make every effort Cv respond to 'I'ri`1"ech in a tili~el}~ fashion when requests are. n7ade for folivu~-up calls or additiar~al documentation on the reported problem. (1 U} Priorifics and Su,~pot't Response M1~Iatrix -T..he fv}lvtivin~~ priority rt~atrix relates to software errors covered by the ~T`ri"I"ech support anti naaintel~arlce a~reenlent. Causes secondary tt~ ~Iwn-covered causes -such as hardware, nefi~wrk~, and third party products -arc not inclueled in this priority matrix anti are outside tltt~ scope of this ~;tlppvr-T A<_xreetnent. Sar is '~ :a k~rt~ fk r is 1r~t'T,a:t~> ~iaj~n~zr, h~rc,'emet~i ~.- ~~a~.'rop z _ _'i~R~rsl~ccr ~,.?-.ar<. ~> ?.;a-~s i si.~~iu;;~srsa SYr=~pnctarc tlt~~ nla.h~<L rt ° t~ ;,..:.r`, c'd ::ndi [lt' : :, t, hr ':p ~.< ~i~' I ti ett ~,a;es. . P8 S>s' ': ~~~ ~,f i 1 250-18 I'hc• t~oiCo~rm•~ 2na€n~ ticscriEaes thv E?tinrines tier each rcpcartet~ €~site anti tht: as~c:ci<€ted res}~Eat~sr ttac~l resvl~€tik-,€~ tixncs f~2+r l~iti2C:~it?. ~'i~itict "4iahile. 4~t:~-t'~ct }3t~viccr. aruf Ir',t~r#dce'ti. Itil(:iI), ~"i4i\[~:'[' 1!()F3i1.F:. ~'itii\F:T i3R()~~SF:R, ~\D t\T'k:lZi•',.k('H:` RF.`iP()\'F: ~T 1TRIt FritrriE} I.e~ et 1,~-~_...._.__ (:'ritual C'riUratp lssuc C~efinitit~st _M~~ ~~._}~po,, :~ c~~.eerndv~~n c~cnC ishaCh a~c e~;r:cl} rrr.p.Y~'. ~ ~aarlitti Ut l.ser tU dispztch c mcrecncq a€tr'> f~his defined ;a the fUllU«~in~~: • C:1C) Ur 'ti'dahtE~ ~vstc Yn 9o~+~n • Critical ser~crs anUperatne • C'om~.letc intern€ptton of call t`akin~ anci`c2r diswat~h v?t°r.ativns • Loss Ut data & dt€ta cvrrupsivn. .} 4i i5 f;iC.t175 tl;'iit onv O!' EnOrC SCI't cr CU€T7}Ji)nCtits ate c3awt, or €aUr~-tc€nctittr2al diaCthli€7, C:.~C) Ur '<~tUhi6e tU k:?t<aiUns `t'hese Sofhrvirc tia-ru: :€rs dct~~ncu in K%~eri r ae ~!, hcloa~ .__._ __ ___. _ ___.. _._n i LetE(? -- _dx'" ~u,a}xatt: .•~ our S~a,ts+.,*e f r<€r nut l.tr~ent Priorih~ €t,+~ctin;; :h~ it €tc~ . ' .z {`-itic<tl Priurity_ but r a~.}€ieh ~cr.F~'. ; ahil~tr eat t"~.crs as t ditptith cn ~ren.~. ut7n~ Sti€eh err<<is am~ill €~c I cUns~stcnt a21d net ~_~~iblc. i (<~encralie this 2tacan+ that r2~cr J±i^;, 01 (tic s~-stern ('A[7 Ur 'tip,bile. ~~errhsi~ations ,:r~ €ie.,;iti~rcl i*rpactc~i h* thi c€ro* i'hc~c tir?fttit :rc 4-:rr~a-s ,r,, {Ictancu ~n ~,tu=r rcrl t•rte ~z, iyctU~x ~,et''el .~ - Hi~h Yrioriky Leicl ~ - 1~tec~itun Priorit~~ E3usiness NUUr Sulac?ort: ,4 3~nificttnt Sirft~~-arc ErrUr neat €nc~tin~ Fe <aitcra of a f'ritiC€3~ a- t rLe€2t nrim'tt~~_ trot c~-lush its~4 }zr~.=erir t:~e L.a~r 1 ti~v€n ~crForm~nr;~ <t co€nrnon call taking. Ur di>~7atct ~ t"unc?sun Ouch crr~.rs ti ill he ctrrrSiStrrt and rt¢xU:tucihlc. Cacnc;.;ilA Ct1?S iTlean5 t}II€t d7tCf 7J"~a of Fhc 5w~SICm t~ ;D ~_~: ~9vlailc wUtAsastitsns,ircatc~ati:~cly~ €€t :~_:r~.:, l~~r this error. Thee Sotltesrre E-rrUrs a€u dc;in~i ,7,i~rc•cital .tare :~, tae~PUZ~ Eat€.~;€ncSt t{our Su~,titart_ .~ SU.t~Earc € 'mar' e;;,.t4w tra a t€scr i'unc?aan xhic.h dUrsr;ot ~*c.~n? toutinc sc ofll t ~ti,tena ~a ~€ hit?hEr praer=t~ tiahun a a,€;on:~t~k aUrka~ut€nd h;€; tacan U- ~, „~ d. Lt el ~ ss"ui'S inch€de r. •ara ir,4calu€2; 2I1 .y}xs Uf ~tstcm.a iri+€€str~atar ti2oct~Un T~hesr 5v>tuarc L~ro;s ur2 rdcfiu•~ ir, S,raa.c, ti~n!e~ `-l~_ belU;~. R~pun~e Time F3u~iness fiU:2rs T~e~et;hUne rails tU a~OE}-~'€sif.'Al~ tarp tYns~+errrl ;rrd nit€naeed as thc~~ conic in n~ith na .geed for = cu!1 ba:k. r\''tt r hir~tYr~ Thirtti (±!}1 rni€yute caiiaCl~ a41cr e€ °nt teleah€trc ecrntact tv ~+{i{'t-b'isiC'AI). C _. , ~ +rr~ ~,,_ Prtr;ri2v 1 isue~ma.at h. ~.. i~d in .w ~ ~_1-€saC°.AC) (S(t{i.£,~7.4223> in Urdcr tea rece2+ \ ChiS Icy el vi res}x€nsc jRc~f€~r tr, S~~ecicrl 1 rr1{~} r3? f1 r 1 3, t~c't«iit 17 E3.- s ~-~F .~ir. Te f'hoYic calES tU ytj. -1 i~it~,•~C1 ;~trc~ <~nsn ~~red and r.. rr? ;s they cv~nc ioa with no r ce~! f u ._ ..,~ Ait<°r Tours: C1ne f i j hour catilback otter client t~lEaha€a ct},xtact tU i;ts+.a-4'isi~`'ti). l € m.~r,=, ('ricrr~ity Priorit;~ '? isst2cs- tttus~i k;e ctrllcti7 ire •. ~a }i4)C,~~ rcpt; .A t3 {S:#€'2_g~^.d'~~} =n i>rdert2~ rcce€tic thi I °=~~a1 t~t're,}sUnae t`kr(o~r to SE~cfi~xl 1r.~t~°~; , _ ..1 ? t _ ~.~i3u,t.l c:5s iir*ur~ ~E~e IC}?hUnL call; il~ i5{Y{a ~ IS.2C~,.i~i) a=e anauered &tna9 rmtirs~ ed as ehey ctsme in tivith nt~ €~e:aaf fUr a salt hack. \tt<'r Hta€tr: 'I h; EatrUrie~ Uf ssue i> nUt manattcc# ti€a a`te.€ hours supt*tart jX~fer lrr St:cc ,.! ~Arircts i E-f _,, F; iorrtz _ Prioriiy 3 issues must tat called rig i i „ ~ ~:;-~'isi(.':tt) (G)•:) f+~}7.-i?23} in Under to r~~ ~~~~e tha ia;t~sl ofreSpUnse ~Re'~rrtr; ~{rechrl t7_: ~.~ -~ `'~~~r.s: "fclephvaae calls tv 8(»t ~ €iC~D are an.:~.::re:i and dUCUmcntcd a> they came in ++,ti~, na €aard f`or a call hack. ;1 . C i ~:7ir.. ~ ~ :'.1~~ `t 1U. +i ~' Pf k4~ll l" ll €".' 61,i!1,t _: _i ..' h - .''Jrt ~II~Pr°c't' i(> ~~1EEk71 ', r,~ ~. tiara r t ;s t tt< )i._rt~ ~ . d j itR f';~~ .._L} .. i {.,, .4at''ua,tt ~. ,... Y i,. _~... ,~ .'tpaYe€;Yn~ ~. r2rrub'.. .. K~~ht, rs,.2v_ : _ _., ~ ~~,w, a"tL_ ! 2a~' _" 'aec i*;~at~? Sc -1a~aac Sut~t~ :! :lrre.,nt•rrt 250-19 r-~- .- --_ .~~ __ ___ .~ .... ....... ..... .__..___... ~_ ----- -~._.__._~._ _ ~ Pt7ant~ ~ Isene i3ri3niEia>a ~ 'Rrgpansr `€"im~ j ~ i i ~ ~ j + 3 s~_ t I.rceY S ~: 1tV~ ne-, tlus~tr 4uppr,rt_ Au tr;icr ~ssftsr<rre t,r B_l,.ir cx~ {,+uet+: lelephonaeslh tu:~p.~-A iSiC;alt I,os~ Nnesrlt~ <laa.ttnc!rtatitsn cr ut~ n<rt iit c.iixe~a c1r~s c Client ~lre artssser~a anti <Ct~ .u L'ntck: ,!, tite•~.' Ei~ntc in ~~ technical y~sc>hcEn~ ssrattlc 'ze a {~ar`t rst th s :e~.cl uitls np ncx i ts~; .± ~ ~ '~,.ck. "lhesc Seftsvure c.rsus are detlnesi in .lis~ciu?.~~ue~ '~ helass. _~ftvr TEotr s "l~r - Isri.7°its trf t„ue is ,tot n3unuctesa ',~ seta tsflcr hour, •ait~lx,~t jRt°fer iu Sj;~cc'ra; ~r='fs '; u~trf.+' Votr: Business hours far "fri`i"ech custame!• srrs~ite air 5:30am to 5:3Qpm (F'acif"tc "t`imr) an rv~erRdayti ezeludin~ halidaps. after Hsturs suppaet is affrrrd sceekends, nights and hatidaes, Priot~ity i -- ~____ ResAlution Proces's ! _ _~_. i_cvel i _ TnTech ~a.u€ pr<;~,x1E a proms , . .. , . aftcur<sts>n C.`ritiraT AriuritF ' •,+s7ri~tresunJ 6r a s;otie carrc..iCsa that ..11l~~svs the I Client to resun:c csT;eration,. ~b"here a w~orl:.rrix:nd allooss the Client to resume operaticros. the resui*n~ isue ticket a iIl be i rlAresn~rarietJ ics :t loss°cr support fxtonn= fn that cttse, 7-riTech swill pros-idc ~! problem rsolut;ott in [ tits s"crrtt7 ttf ~~n E.~ptvrtrdc c>r iti:>diticatic>n tc> the Sc>#t~.s'are !n a future upcat~. t..e4~e13 - l~r~rttt f'riorit} Level ~~lQ}t ~~f10 r1t1 l.ewr9 4 -~ ~~trdinm Priar[t~ T`riTeeh ss iil prrtsicfc a procedural or canfi~~,urtettor~ ssorkrirounG or a code 4t~rrection that ttllrrn~,c thr ("Itt~nt ±rt elsurs~icr opcratiune. Rrsolutian 'T'imr T.~Tccth will ss€~r~ : ~ suou+lv~tnclu :nz:,tt r htsursj to prc?sii3r thr~ C'Eicnt suith a scjlutiun that allrns~a ;he {'bent to r~.~.::rtc opcration5. aria ech ss~iU use it best ct7artG to ~resoisz the i~5ur. as socYn as po~sb{e and nest rater than i' hours after nvti~caficn. "I`his escluales problrttts seccsntiary~ to hardsaare_ nctsavrk, itttrustructure anc r,thcr dtirc3 psrt~ prrxit:ct Tr feeh ++ill ssstr~ continuou>3}'in:luiii ht>ut5j to E3tcn~ide the C'ti~nt sslth a ~Qlutran [bait aIl+~sss the Cftcnt t<~ resurnr ot~eraticsns_ l~`!tcrr,: t! st+rk.uou ,d al4oss~, the Clteni to rc5ulnr t,il~ech sti:Il atic t*~ bc~t cfffsrt~ us rcolsr tfte is,uc +~,}er:ttions, dhi rc' ul,~nti iti~~se ,i.ket ssai! IaC a~• >ti+t-~ _ ; _tu! nt~t lath [hats :+fi hours s?2er dossn~:aded in a l+tsscr aupp¢~rt prumrv. In Ghat i nntit3caainn Isis cxcluclas presblcros seront-laru to casr. Trt Cech Brill pr€sri~e a ~rot~'ent resulut;ern m (htirrisrarr_ aut:, txrk- aiRastnxchtr€ and othc r thtrc? c ~~~rr; ~~ ~n t;T?s ade <>r r`tC`iltt'1%attO[t trs the I p, -r: }~roa~,:aas _-- -+ °-: __~ . pre+~. i~G a procesitlral <sr + ~m~ ,~nra+.~ i~ ~ f s Tech +s<ill =sr~~k to fsta>Ftde tl z C.2;cn; salth ;t ss ~-,.:nit c_i or a tcs<Te cursr~tit>n [hilt allcs~.. the ~ s~~iuticsn }~ascd upon the priority caf tEtc ssui an:! thu i ('.ant 's :'c,c;ls~e thG ~roblc-ttt. lfi:hert Weer><ary~ I dctri rind [[rise of suhtnission asrrcctiGSn of sotiss rrt ?suss svtll h-~ .n titt.,re I l rcf<ase_ tVhen nrccssal~r~. CPtrecttcrr~ of .~~(;~~. c. 4saas sill t `('n`tech ss~tll ssori: to prt>stde the C'1~cnt ssith a ~,! be was *'utur; re?s;ase- solurlon based upan the prilrrity~ of the issue and fhe '; ri:stcs ,rand tirn<~ ofuhnrission. t,rvel 4 - illten nc~cta,ury_ u~rcection cif softss~ar<. ~,,,tts ssi€1 1 l,a~t E'riuritp i !~c in ii.lutre relzasr_ sari 3 ,~~ i' ri I)y'~i1 fl; t;t n=, l' ~ (,~p~. 1•r c. >!)t rti ;ri he;;h ~ott:~A?'C ~ysLCI?1.9 (~~nfsilcrtl 3 k. Ys~~t>r3att.:~rv ~ ~e; t~ I :< rest r cd ~,~n<le ~ i°;.,.;+~:- ~,f~t iaESS ~~t'the Gni?c~d S;;jti;; . P:;~c i~~ T~iTech sill ssorii tti provide the L"bent syith a sc,lutron iSatieit upt~n the priority tai tfsi i,sue anti. the d~atc aasd turrcr of SuEsmissicsn f~ uest~r,ns and mtltlirie will he n~an;: =c:G in grdr- based ux~n tkte date anti titt~t caf Buismtssic~n. S+)[tit 4 `+np~ +, .'y ~r~er?acr3t 250-20 .5)r ,,, ..,.^r ~-; t.c~ °' 1 - {"ritical Priar t~ ss.uu n zu.~r;: tP r ~,trt•t~ ,tal, ntd'::1 : ~it~na a.rc ~,ctirrc~9 .r- #i~llot~"5~ s 1 -.( \f> ~+~.-tc ~ ..c~~4 t :rtif u~il rori;stati<>us ~i~l{ n~=['tsun~:h ar fitnciiun i> - E"s<~( \.) Stem incl-u,:?,I~ tau: tc~ dsta corn:}~tac~n ~ause;l k } 1 ri"I"cc'}s tiottsa<rrc. 'tr, r ~stC""1C) i:ef ~ ad ~Archiein `>Er.c- i> do,an an,l ^.ne a}~stcrti i5 cuntigt~rcd ttt rise. ileac I'{sports€t `l r.er (~ctr ~h4p ch~ nctiru~ {K ~.. Prcrttisc Ht,u>rvl. ci ! ra~,t cnforcerncttz a ,arc unuhie to scnc4 or ac~c~ve;ustiec t~}uerres {usini; a13 ar ailab(c ntethta~s't_ \r~i\ct 1l.+hile: a 7 t,c 1'rit+:t llaoilr ~~"sterta es dotin and <alk unit ntohiie deuces aziif not l~7<_~in or tunctiort. h Inc \ i+ict ~1it}tilc System t in<>t>crF<<t?I~ dtte to data curntption cau~rd by ~I`rt'I"ecit';oi't~+,rare. \ i~ti',~AL)~V'tsnc~t In[ertaees~ a \ b'isiC::\,) St<atit>n :\lertrn<<° (nterisei is down. o ,\ \ ei(':1I) Pa~in~ fntert~tcc is noun _ln intcrfuec used fot~;7crsonne9 rttstcrine is clirti~n. d \ \C;{C` ~tatc \1esa};e Scrzer(reeords c:hc4k} tntcrface i,::E•stbn isec Special ti'otc »1 section } dl. ,. 4 t='AD t>t C:Ai3 interface ss dcnt~n. t: :\ mnbi3>r ,attertace f tiil}!- or `~iC)C1 is doiin. w \'s~t'et k3roe~ser., Visi~et (':\T)Lini and l isitict (IISL.ink: ;t I ~terc ;rc r;~ C:'ritical Yrtvait} t i'r:ority i i i.?sues firr tltcse pro~Iucts. .S;,,c~i ~^rl ','~~_~~~ ~-' 1\~e~, Eaortal entries. e-rtrarl mcz^sa~rrs to "Su}sftort iitritrch.corn", or fax r tcsst~ges:tre re~~icti~s:d att t}ta nexf br ,Ines ~!x. ihrre+iuc. nc~ client should ah~~av, use the t~i:ptrortc u> report Letiel I at' ~ problems. ~,<~ ~<<~ 'ti<~ c ==? I?'`h4 ~lirn! ~~..nats zsn a.T< io~ieii:=core°nt ,tn~i trrchirir; number t<a ^.alidate iSStd s,;brnrssior; outside t}1 hutiincs hours, ;rs€ h ~„stcs n~°4<3 ttr ~e cn'.r.red tia the u~cf; ~!r;rtasl `'then 4atn~ tkrc loch ~ctrtal. szr~tr zekno:F~led~cntints ;:rr sent y~itt ;u. +~Smatc~,l -tttail tcir';in !^.t~o { ~) hours ,a the in~li~~sd~t: I dr ~r,.rtec4 in t;u ticket. S;nrt t:ai :A7:,~~ b. Lc<el ? • lrtent F'rior~r, issues ntcehn}; the k~rc~ srvus;3i nc>#eci crttcrra acv ~lcfiriat as 3`ollous: a. ~ r-iC":AI;r "~onan7an' r. _-> arc sc:crcli i•n; ..c~ed ~luc to cute r~fthe tI}ilati~,nt ioniiittons: t rr:.hlc to er '_ , ,,t}tests -t -,~~ci~~ ~cr itrc t mcrr~r~n.t or tieIrc<Irtlctl c:a~~ t,~l i€t,z >~rct~t i:;,sinz a '3, af!.. ., .(S j, i l naibi«: ti ~~ , nt to ara r;~cis:(cnt (using a{1 a~tsil:ablc mcahods}. rii. l n~ih'se t~ ~_c a unit"s staut, 1'rt~srug all a',ailal~le naetlxxls). ~c t nal ~ ?; ~ -c an mcidcrt (saint rail a'waii::bic -racthoc9s't. lrtabie ;~ ~.. ^, :rctdeni iniorutat€on needed to dispatch en inctruent {rssin~; ail caisab}c ntcrhods). 1 ,,~:_~ `.fc,bile: s. ~I~~biiz usrrs ar.• sets,^1~ impacted due *to one at the folio.~'in cr~nditions: i [ .aalt[e to ~~cceive nett regtoc-^ t;">rsert~ice €i'nm V`i;tC':Af) dus€ng all avt~itat>!e n7e€hods;.. ii. t nape to viett incident infomr.~ s~:, reedecl to dispatch an :netdent to>;n~~ all w.~ailahc ntethtxlsl. sri. t_au enPnrcemert zucrs are un ' "e +o send or rcecit<c {taSt~cc yucrics rosins; all ttvailuhle rtaethods). \"si(:':\h- \- isiVei Interfaces: \ \ ;sit. AD Station ,~lrr*.ing Sntert'ace f.i,ls to procese a statirn a':crt;s5 paa't o1's1 unit ass<vttntcrtt tinr n-u3*iplc ir,ri~lr~nts loose dis;nosc*d as not Liein±<~ caused ht thu station'::}crtan~ stistent). b. ;A \ rsit;';~\f) }''a?in x €nt~rface r~peatcdla fails tv ,,rozcss a unit a`scrt as tZart of u unit zs>is;°nrnent (arac~c~ d ,~nvsc+d us not he nb causa:d Etv thy: ptv.nt~ >vstcm or ~endrxrj, z =1r:.1'yl~r~i i tntcrf`a,cc is dot;ti ti ~n :vy1rALI interfz~e rcEtc~a=.edty Earls to Itroress intnrrnatron ntto an inctiicnt c ,l-r interface to ::tt ck ~rn;ai ro c*it:;t :>. t r'~ :,sed to lay m unit4 is Wictttr: .. f ~\rt ;~~'t, antertuce l~!Is to prt~ccs5 u}xlatcs tnr ar _~ , ar a^„is_ ~. A C.AC7 to t':~I~ intea race re;seatedia fatl•.'n ,rnr_ ~ „ ~f ~tmation ar,;tr ar; incident. r ~ti mobile ntt mace (~1I3I br \1I)t:; ? ret ~atrdl}" Each to rrtact~s ;ncic9cnt or sta us change ;nfi~rmat;c~n_ \- ,~~t I(*i»tiwc^t, A,,t"rct t':AI)l i..n anu l fsr'wt i ~1?!_snk ^~ -(here arc nt~ E ~r~c~tt f'rjctrity i Pricirstti ?, ~ ,:c`s ;x,r thescr hrr> !~-cry. `•'{.rcra?:A`r•r~-,',t L.c.~c.1 ~ - t-Ii-~h I'ri<.aritt i-sues itaec.im,~ thr I~reciit.a~lti natec3 crtc^rits are. dcfned ss follot*s ?~ :..1 = i ti?~t a StsP 20°t Avreente:tt ~: _ _ _ :war ti,.'i~r,r,.: i`untide~ s .~: Prn> c.a!~. 1 i i~F;x i t- t , iac~r ~f the . ~t Cc': SCi Pace Str ~ ..1 I 250-21 .r En,.~c' € .::c atidres~ ~ts~iu.~ria`~ ;rr3c?rzrratour. nut <tut~cla€)"~~ #?rok~lctits ci ;>i ~f~ uata i, ..:czaatG !zntE rett~r.r,a .:zc!ar`rur,s n<>t • ~c~u°dan to prot•-fist^. ccittt t11S t;at;+ .. l : nt x°?ihty 1c> ctecre~:fa t?r'Er ~r-e i~t' c t €ii=rt ".ate tnfvr'n?n€tien. ci- € ,c ,n<.b€ltt, tus sertc9 and r~cice :itit i €r;, ~ ~tthzti < 1L). C'AI) n5 tiinhnc, ur 1-tr'~ ~ '~~ '~t~,tzt?c? c !t :cct€r:i[i r, f~G~rz~zaut~n m tnctdcnt xnci u€,it ~ ~.r. .,c ~: ~piav, that clt~c~ net rracct ti2z~ crt. ..,.: a (r tr„a? isstri> rti ta'sse f >-ir€~c. 9€ ^~iavo iszeutr ,a~arazn_ ~) f~ t l;c l'rsi< ~C1 1te~u trn, ~z:ui .~ri a€~ inc ticncr €: du~.,z a x h; Sys c~r; crest etm ?~urcc-1 to uSc t~;t Repartin t~cr 1~~€ ~ t;I>atchira~ t:rnctions {e ~.. }'€'enase } ~tctrvt :, I€iaectiratc +i<.ress :~r,;€LaU+.;tt tntG>rrxjation €~ot sc~r»d~?r} ,cr proi?fcros ~~tfit, t,15 tt^.rft ~~'`~~ ± ~. to ~, i~r3c edit ~ remise or ca:ai~Tn note i,at~x7;aufiior!_ c I °~r i ,.~ : tnd attcz ;~co-;•.c test rrus ~`sn,2 {~cithta~ C,~~I~, C~ ~A[? €c7 \1i~b€'_ - 1',~ bt': to S9ap,lc). w laacc _ . +rr:: ~trwan in rrnvuent isn.~ unit 4r€ct,c tJi;pln~ ..at dry;:, ni)r meet'~r. ~ r a < r.~tcai Is>u~ tL ~ , ,~,, ::-itice cf ~r~lay ohqueuc tivar ones) a yn :itertas;e dots n r,'.caiti irr;~ ar. ;:tierfaii' nest listed uncicr the cri€riai o; uz,~ent prz<x€ucs -; L'isi\'et E3rcz4ccr a. C)atarciarrt,ation.ata~edkw'TnTrc<.Si>it~,~urc+. t~_ i G`rs€Vet F3?cztvsar t.scr vc unable to erttc^r rcti>w~ rca ~ a, ~~ sere ice ~ t<s tE:e E~3roc*:ser ca(9-tizkiri~; scrtcn (trs€n~; titB availaiale n~tcthad~sJ c y y`is€tict I3rc~ticser lacv enFbrcerrcnt user is unable €c~ surn3 \CtCr-date ^~1ess:age Sovtclz queries {tuin~ all ac;zilabic methacisi and .ides not raetit~ re~~artscs to stag ~~erte5 {#liture produt-t)- _. mere are n€~ Eiit~ft Prt«rity (Priority ?1 zsue~ for t'isiNci C'~l)Link or y'isiNet CrfSLirr&~, fi_ L.c~.'c 3 - tlr~h Ps`iort,: iss?res CfU nat iru'It,de code ale rnatntrrtence, c'osmetac, cir>cmnentatxxt, reportirt~, ter 5itttiiar i)rt>blcr7ts: ~~r tiucr€ia .s c}r :ny z iu,, rcwarclin~ the uper:aion i,f the sdrftteare cur r_~'L:itit~,, and rr~ar,€n~t. `?,oerrai a'zsre• mb: t.c•ve! -i - 'Medium Yric~ri:y issue; r;~txetin~ the pref rnusly ntrted critt:rra arc dcti€ted ut. foilou~s l \'tsti':-11) (cr ?,; €zci. ~ i5i\'ct Mobile <ir,c~ i`ii\ ; f3°.n~<er. a. S~icrrt .Adrrirustrator t!tiltirc h t itier~ ttt;~cizons sorb ;u Rccai; nr iw1ohil uucr;cr c i2cPurtiti< ~z€c7rs or ulccalatiatz problem, d. Intermit€trst ~rrsfa#cros imolcrn .; y',4d'~1L7 ~t.zt ors ,~11c;tir~:, Interface. a l`i~.a_.~,C? Pax €n - :nterfa~e. an .1~i ~L.,f ,aerface, ,t C'"AD u. t~,y[~} rm ~ ,., c, o:~ a rrt;brlc €ra.trface scrcer t'41C?i cx ~itK ) e. t ir,ts cal prut~l+~~,ris inrt~C~ inst rtthcr on€c `.,ccs_ is ~fi €•.sue~ 3rictiirn,~l rsue #t;r C':AC)l.rnk and t:;{til..et;f~. -#. t ~rel>ro<i:z~,t~'Ic or iratuz *tiaer,! errors tivc§1 tie rat.k~ r€7CU ai ~tediut~t I'rrori?ti~ (f_ere! ~) S'~ee reri t'nre ~;'. I,mr F'riorrt) Priirr'it~ Sr €~sucs nzectsn~~ thi' frt'i•ti~tousl~~ noted eruena are ticfineci as folaws. i \il l n tee#~ prxiuei~. ,_ Irrtzinolo}. ,~'ctrc3:nN or r:~i:s~x31€n;~s tsi teat san ?~5rn~ acrd mess:sLes. b I)ecuntcntaztfon inaecuractes. .- t, CJStt1C:€3l' 1>SLIE 4. ... {)ues€it)ns or tnquir:cs relatn~t; trx fur;ctror.ali€y, systc~nt administration, or intalfati<zn ~S ~, l - 'a ra,,,•=it tin rtti 3i`,.' Stk^~t ' .i?'ci1Yt4'11 ~ ' ' ~ # s~ l _, h ~ r`ttr . :~ ,1c~c, c ~ts;drnt~.ll c6''. !'r:,tite~_;arv C ~ _ C : > rc~rrr.a _ .. .. ,hC .. Su~S ^s C'ruu, 5 .:ECs P~~_ +v 250-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: AGREEMENT WITH GEOSPATIAL TECHNOLOGIES, INC. FOR EQUIPMENT, SOFTWARE, & TRAINING SERVICES ~, ~ ~ ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Geospatial Technologies, Inc., to provide an Automated Vehicle Locator system with training in an amount not to exceed $324,115.88 subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. UASI provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for anti-terrorism equipment, planning, training, and exercises. Santa Ana has been designated as an Urban Area Core City for the fifth year. The City of Santa Ana has fiscal responsibility for the FY07 UASI grant for the Santa Ana / Anaheim Urban Area which encompasses the 34 jurisdictions in Orange County. The Santa Ana Police Department requests to enter into a sole source agreement with Geospatial Technologies, Inc. for an Automated Vehicle Locator (AVL) system due to their proprietary technology and current number of implemented systems throughout the Orange County Operational Area COCOA). Several cities and counties outside of the OCOA also currently deploy this exact system. AVL uses GPS technology to track vehicle location. The data is instantly transmitted to status boards located in dispatch centers and Emergency Operations Centers. The system has numerous benefits including an increased efficiency in dispatching calls for service, an increase to first responder safety and response capabilities, and an enhancement to interoperability between jurisdictions within the OCOA as well as other regions. The system will be installed in all of the marked emergency response vehicles at the Santa Ana Police Department. 25P-1 Agreement with Geospatial Technologies, Inc. December 1, 2008 Page 2 FISCAL IMPACT Funds are available in the FY 2007 UASI Grant fund account (no.125-337- 6641-37112). APPROVED AS TO FUNDS AND ACCOUNTS: ~) \ 1 n~ ~ Paul M. Walters Chief of Police Police Department Francisco Gutierrez ~~ Executive Director Finance & Mgmt. Services Agency 25P-2 PURCHASE CONTRACT FOR AN AUTOMATIC VEHICLE LOCATION AND MOBILE MAPPING SYSTEM THIS CONTRACT is made and entered into this day of December, 2008, by and between the CITY OF SANTA ANA, CALIFORNIA, hereinafter referred to as "CITY", and. GeoSpatial Technologies, Inc. (GST), located at 3130 S. Harbor Blvd. Suite 430, Santa Ana, CA 92704, hereinafter referred to as "CONTRACTOR". PURPOSE CONTRACTOR is in the business of providing computer hardware, vehicle GPS hardware, computer software, and professional services of vehicle GPS hardware installation, computer software implementation, CAD interface and integration, training, and technical support in Automatic Vehicle Location (AVL) and Mobile Mapping Systems. CITY hereby purchases from CONTRACTOR its latest AVL and Mobile Mapping System according to the term and conditions specified in this contract. TERM AND CONDITIONS 1. PURCHASE ITEMS The following items are included in this PURCHASE CONTRACT: (1) Computer Server Hardware One GST Tracker Server computer and one GST Database Server computer with MS SQL Server. Specifications of the computer server hardware are included in "EXHIBIT A, Specifications of GST Tracker Computer Hardware". (2) Vehicle GPS Devices One hundred fifty (150) sets of vehicle GPS devices including Sierra Wireless AirLink Pinpoint X GPS modems for AT&T network, single-band GPS antenna, power cable, GPS-MDC connecting cable, and lock box. (3) Vehicle GPS Hardware Installation Service Installation of 150 sets of vehicles GPS devices onto CITY Police Department vehicles, including installation of all the pieces specified in item (2), Vehicle GPS Devices, and field testing for each installed unit. (4) CAD interface and System Integration Service Build the interface with CITY Police Department's existing ComputerAided Dispatch (CAD) system for GST Tracker to feed AVL data to CAD and to receive incident data from CAD. (5) Computer Software and Software Implementation Purchase of one license of GST Tracker Server software, one license of GST Wireless Host Server software for up to 200 vehicles, unlimited site license of GST Viewer software CT Edition license for CITY Police Department, one license of GST InterOp Bridge software, and unlimited site license of GST Mapper MDC software for CITY Police Department. Software End User License Agreement is included in "EXHIBIT C". CONTRACTOR shall install and test all the server software onto server computers. Installation of GST Viewer on workstations and GST Mapper MDC on vehicle Mobile Data Computers will be handled by CITY Police Department. (6) Software Annual Maintenan25~ Tgchnical Support 3 1 This purchase includes GST Software Annual Maintenance for two years. Technical support through a-mail and telephone between 9 am and 6 pm, Monday through Friday except holidays, is included in Software Annual Maintenance. Details of GST Software Annual Maintenance Program are described in "EXHIBIT D, Software Annual Maintenance Agreement". (7) Training CONTRACTOR shall provide five days of training of GST software at no cost to CITY. Additional training requested by CITY will be quoted according to CONTRACTOR's standard training fee for customers under Software Annual Maintenance program. 2. PRICING Price for the purchase items listed in this contract shall be in accordance with "EXHIBIT B: Quote for Santa Ana Police Department" provided by CONTRACTOR dated November 3, 2008, and in accordance with the required specifications set forth in Item (1). CITY shall pay no other compensation to CONTRACTOR unless an Amendment has been agreed upon in writing and signed by both parties. 3. MILESTONES AND PAYMENT SCHEDULE CITY shall pay CONTRACOTR for the specified percentage of total purchase price at each milestone according to the project milestones specified below. (1) Contract signing and project kick-off (0%) Within 15 days from contract signing or by December 15th, 2008, CONTRACTOR project team shall meet with representatives of CITY to kick-off the project, go over the project scope, and present CONTRACTOR's implementation plan. The meeting shall set the schedule for hardware installation, CAD interface, software implementation, and training. CONTRACTOR and CITY may make mutually agreeable adjustments of the acceptance criteria listed in EXHIBIT E, Acceptance Criteria. CITY shall review and approve the revised Acceptance Criteria to be used as the basis of project acceptance. (2) Identification of computer hardware and vehicle GPS devices (10%) Within 15 days from contract signing or by December 15th, 2008, CONTRACTOR shall present detailed specifications of server computers to CITY and CITY shall determine the location to place the server hardware. CITY shall coordinate IT support for networking and firewall configuration. CONTRACTOR shall present a complete set of vehicle GPS device to CITY, including AirLink Pinpoint X GPS modem for AT&T network, single-band GPS antenna, power cable, connecting cable, and lock box. CITY shall determine how the GPS hardware should be installed in the vehicle. CITY shall pay CONTRACTOR 10% of the total purchase price. (3) Purchase of computer hardware (20%) Within 30 days from contract signing or by December 31st, 2008, CONTRACTOR shall deliver and install both server computers for GST Tracker Server and GST Database Server to CITY. 25P-4 2 CITY shall pay CONTRACTOR 20% of the total purchase price. (4) Purchase of GPS devices (20%) By February 15th, 2009, CONTRACTOR shall deliver one hundred fifty (150) sets of vehicle GPS devices to CITY. CITY shall pay CONTRACTOR 20% of the total purchase price. (5) Integration Service/CAD interface (20%) By February 28th, 2009, CONTRACTOR shall build its CAD interface with the current CAD vendor of CITY Police Department. CITY shall coordinate with its CAD vendor to work with CONTRACTOR to support the CAD interface. CITY shall pay CONTRACTOR 20% of the total purchase price. (6) Installation of computer software (10%) By February 28th, 2009, CONTRACTOR shall install GST Tracker Server software and GST Wireless Host Server software onto GST Tracker server computer, and install GST Database Server software with MS SQL Server onto GST Database Server computer. CONTRACTOR shall install one copy of GST Viewer software onto one desktop workstation that CITY provides. CONTRACTOR shall install one copy of GST Mapper MDC software onto one Mobile Data Computer that CITY provides. CITY shall have its IT personnel support CONTRACTOR's software installation. CITY shall arrange its designated technical person to learn from CONTRACTOR the installation of additional copies of GST Viewer software and GST Mapper MDC software for additional units. CITY shall provide GST with remote access to server computers for implementation, system upgrades, and technical support. CITY shall pay CONTRACTOR 10% of the total purchase price. (7) Installation of GPS devices on vehicles (10%) By March 31St, 2009, CONTRACTOR shall bring its vehicle hardware installation team to install vehicle GPS devices at CITY designated facility. CONTRACTOR shall conduct field testing upon completion of each installation. CITY shall set the installation schedule and coordinate the vehicle installation with CONTRACTOR. CITY shall pay CONTRACTOR 10% of the total purchase price. (8) Project sign-off (10%) By March 31St, 2009, and upon completion of the project based on Acceptance Criteria set during the kick-off meeting, CITY shall pay CONTRACTOR the remaining balance which is 10% of the total project cost. 4. INDEPENDENT CONTRACTOR CONTRACTOR shall be considered an independent contractor and neither CONTRACTOR, its employees, nor anyone working under CONTRACTOR shall be considered an agent or an employee of CITY. Neither CONTRACTOR, its employees, nor anyone working under 25P-5 CONTRACTOR shall qualify for workers' compensation or other fringe benefits of any kind through CITY. 5. WARRANTY CONTRACTOR expressly warrants that the goods/services covered by this contract are 1) free of liens and encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. 6. COPYRIGHT INFRINGEMENT CONTRACTOR shall, at its cost, defend or, at its sole option, settle any claim or suit brought against CITY on the issue that any software program provided by CONTRACTOR through this contract infringes a United States copyright, provided that CITY (a) notifies CONTRACTOR promptly in writing of any such claim or suit; (b) gives CONTRACTOR full information and assistance in settling and/or defending the suit; and (c) gives CONTRACTOR full authority and control of the defense and/or settlement of any such action. CONTRACTOR shall not be liable for any costs or expenses incurred (a) by CITY without CONTRACTOR's prior written authorization; (b) for any claim based on the use or combination of the software with any other software not provided by CONTRACTOR; (c) for any claim based on CITY's modification of the software; (d) from use of other than the latest available version of the software; or (e) any transaction entered into by CITY relating to the software without CONTRACTOR's priorwritten consent. If a software program becomes subject to a claim of infringement for which CONTRACTOR may become liable, CONTRACTOR may at its option (a) obtain the right to continue using the software program; (b) replace or modify the software program to make it non-infringing so long as the replacement or modification meets substantially similar specifications; or (c) terminate the licenses and refund the license fees paid. In such case that CONTRACTOR terminates the licenses, CITY, in its sole discretion, may elect to return the hardware required to implement this system, including the GST Tracker Server, GST Database Server and the 150 GPS mobile devices for a full refund from CONTRACTOR. EXCEPT FOR THESE REMEDIES, CONTRACTOR SHALL HAVE NO LIABILITY TO CITY FOR COPYRIGHT INFRINGEMENT, AND SHALL IN NO INSTANCE HAVE ANY LIABILITY TO CITY FOR DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES FROM INFRINGEMENT. 7. INSURANCE CONTRACTOR shall procure and maintain at CONTRACTOR'S expense for the duration of this CONTRACT the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the service by the CONTRACTOR, its agents, employees or subcontractors: (1) Comprehensive General Liability insurance with limits of not less than the following: General Aggregate: Each Occurrence Auto liability (2) Workers' Compensation $2,000,000 $1,000,000 $1, 000, 000 Each Accident $1,000,000 Disease -policy limit $1,000,000 Disease -each employee $1,000,000 25P-6 4 8. COMPLIANCE WITH LAWS CONTRACTOR represents and warrants that services to be provided under this CONTRACT shall fully comply, at CONTRACTOR'S expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively "laws"), including, but not limited to those issued by CITY in its governmental capacity and all other laws applicable to the services are provided to and accepted by CITY. 9. CONFIDENTIALITY CONTRACTOR agrees to maintain the confidentiality of all CITY and CITY-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this CONTRACT. All such records and information shall be considered confidential and kept confidential by CONTRACTOR and CONTRACTOR'S agents and employees. 10. INDEMNIFICATION CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, arising from or related to the services, products or other performance provided by CONTRACTOR pursuant to this CONTRACT whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 11. CHANGE OF OWNERSHIP CONTRACTOR agrees that if there is a change or transfer in ownership of CONTRACTOR'S business prior to completion of this CONTRACT, the new owners shall be required under terms of sale or other transfer to assume CONTRACTOR'S duties and obligations contained in this CONTRACT and complete them to the satisfaction of CITY. 12. FORCE MAJEURE CONTRACTOR shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this CONTRACT caused by any act of God, war, civil disorder, employment strike or other reasonable control, provided CONTRACTOR gives written notice of the cause of the delay to CITY within 36 hours of the start of the delay and CONTRACTOR avails himself of any available remedies. IN WITNESS WHEREOF, the parties hereto have caused this CONTRACT to be executed the day and year first above-written. CITY OF SANTA ANA ("CITY") GEOSPATIAL TECHNOLOGIES, INC. ("CONTRACTOR") APPROVED AS TO CONTENT: By BY. 25P-7 PRINT NAME AND TITLE Department: Police Department Hong Chou, Chief Technology Officer 3130 S. Harbor Blvd., #430, Santa Ana, CA 92704 (Address) COUNTERSIGNED: By: (714) 434-9936 (714) 434-9937 (Phone Number) (Facsimile Number) SRAP97-731950 95-478331-5 License Number Tax ID 25P-8 ~GST EXHIBIT D: Software Annual Maintenance Agreement GeoSpatial Technologies, Inc. Software Annual Maintenance Agreement GeoSpatial Technologies, Inc. (hereinafter referred to as GST) shall provide maintenance and support services under this Software Annual Maintenance Agreement (hereinafter referred to as Agreement) for -Santa Ana Police Department _ (hereinafter referred to as Customer) during the period approximately , 2008 through ~ , 2009, with options to extend for addition 4 years, upon payment of the annual maintenance fee for the products and support level indicated in Section I, Products Covered. I. PRODUCTS COVERED GST maintenance and support services are provided only for those products listed in the Purchase Contract. The costs for such services are listed in EXHIBIT_B, Quote for Santa Ana Police Department. II. MAINTENANCE AND SUPPORT GST shall provide maintenance and support services to the End User. Maintenance and support services shall include, but not limited to: (a) Telephone and E-mail Support: GST will provide telephone and e-mail assistance. You must provide GST with remote access through the Internet to the computers installed with GST software. By calling the GST technical support number, you will reach a trained support analyst of whom you may ask questions or seek advice relating to the use of GST software. The analyst will assist you in utilizing your GST software, and in identifying and providing a work around, if possible, for any software problems found with GST software. GST support services do not include hardware, network, operating systems, or third party software. Support will be provided weekdays from 9:00 a. m. to 6:00 p.m. Pacific Standard Time, excluding weekends and holidays. (b) Response Times: In the event that the End User experiences a critical system failure, which shall be deemed to have occurred if the system is down or inoperable, meaning that the End User cannot use the System and/or the System is off-line, for longer than 'h hour, GST shall respond and look into correcting the problem immediately upon receipt of a call for service and following the receipt of notification and relevant documentation of the problem. For all other non-critical failures, GST shall respond and attempt to correct the problem within four (4) hours upon receipt of a call for service and following the receipt of notification and relevant documentation of the problem. if problems cannot be resolved within four (4) hours, the problem will be automatically escalated to Application Technical Lead or the VP of Product Management for resolution. After consultation between the VP of Product Management and support staff, GST will provide a plan of action for resolution to the End User. Santa Ana Police Department 25P-9 (GST (c) Bug-fixes and Upgrades: GST will provide bug-fixes and upgrades to the GST software when they are available at no additional charge during the term of the maintenance program. (d) Corrective Maintenance: GST will provide corrections to the supported software using Internet connections, provided you have ahigh-speed Internet connection on your system allowing GST remote access, during standard support hours. (e) GST Training: The End User under software annual maintenance program receives 50% discounts for all training programs held at GST's facility. (f) Software Customization and Enhancement: The End User under the software annual maintenance program receives a 20% discount for any software customization services. End User requested enhancements or modifications of GST software are not included in the support plan price. GST agrees to review requests from the End User and to provide a quote for the requested enhancement based on time and cost anticipated. (g) Excluded Service: The maintenance and support described herein does not include the correction of software failures due to causes beyond the control of GST and occurring without the fault or negligence of GST such as, but not limited to acts of God, catastrophe, fault, or negligence of the End User, operator error, manipulation of the object or source code (unless approved by GST in writing prior to such manipulation), improper use or misuse of the system or any part thereof. Any such excluded service, whether on-site or off-site, will be provided at the request of the End User at GST per call rates and terms then in effect. (h) Support of Old Software: Users are required to install all updated software and any bug fixes in a timely manner, including operating system software. If you fail to keep your system current, GST may no longer support your system. GST will support old releases of a product for two years after new releases become available. For subsequent years after new releases becomes available, if requested by End User, GST may continue to support such old releases for an annual increase in support fee of 40%. (i) Lapsed Support: If the End User intends to renew maintenance after the previous maintenance program has expired for over two (2) months, a supplemental fee of 50% of the annual maintenance shall be due GST for the first year of maintenance following your need for maintenance again, in addition to the maintenance fee already due herein. (k) On-site support: On-site support is not covered by the standard software maintenance support. Per End User's request, GST will provide on-site support if GST determines that such support is required to resolve the reported problem. In this case, GST will dispatch one or more members of its support staff to your site who will attempt to recreate and resolve the problem(s) reported. During this time it is expected that members of your staff will be available to answer questions and provide information regarding your system, if required. On-site support will be charged at $55 per hour with a minimum of two (2) hours, plus travel and per diem for GST staff sent on-site. Santa Ana Police Department 25P-10 ~GST III. SYSTEM MODIFICATION (a) GST-generated modifications: Changes or replacement of the computer equipment, operating system and its related software, or other third party software may require GST software support and/or software modification to allow GST products to work with the new equipment, operating system, and/or third party software. These support and/or modification services will be provided by GST at the End User's request at our then quoted prices. (b) End User-generated modifications: GST will not be responsible for any damage to your GST software or data caused by upgrades to the operating system or replacement of hardware without GST's prior written concurrence that said upgrade would function properly. Services required as a result of modifications to GST's systems made by the End User are not considered normal maintenance and are not provided as part of GST's Software Maintenance Program. (c) External Stem Modifications: In the event any external system is modified beyond that anticipated by the terms of GST End User License Agreement, the End User shall notify GST of such changes immediately upon receipt of not cation from the respective entity/entities and request that GST prepare a proposal to include a time and cost estimate, for the work to be performed which constitutes a change from the originally agreed upon configuration and work description as presented in GST End User License Agreement. GST shall, within thirty (30) days after receiving said notice, furnish a written proposal to the End User provided the required modifications are commercially, technically and practically feasible. Upon receipt of GST's proposal, the End User shall determine whether it desires the work to be performed, and if so shall issue a Notice to Proceed within ten (10) days, at which time GST will perform the necessary modifications for the additional mutually agreed upon compensation. IV. END USER RESPONSIBILITIES (a) Software Problems and Reporting: The End User agrees to limit use of GST maintenance service to occasions when GST system software fails to operate in accordance with the specifications as defined in EXHIBIT F: GST AVL Functional Specifications. To facilitate the problem solving process, the End User agrees to assist GST in their efforts to duplicate the software problem by providing a written problem report. Additionally, GST may ask that you furnish a listing of software problems rather than calling on each individual item over a short period of time so that our support team can better assist you. (b) Payment: The End User is responsible for ensuring that all amounts payable under the software annual maintenance program are received by GST on or before the commencement of the maintenance program. The End User's failure to remit payment to GST for such maintenance services provided or to be provided shall entitle GST to deny further maintenance services to the End User. (c) Updates: The End User and all users of GST software are responsible for installing all updates to software, hardware, and fixes in a timely manner. Failure to keep your system updated can, at GST's sole discretion, result in the immediate discontinuation of maintenance support. Santa Ana Police Department 25P-11 ~GST (d) System Administration: The End User is responsible for identifying a System Administrator, as well as a back-up System Administrator, who will function as GST's primary and secondary contact for any maintenance services to be provided under the software maintenance program. Such System Administrator, or, in the absence of the Systems Administrator, the back up, shall be GST's sole contact for technical assistance. The System Administrator and backup System Administrator must be trained in the administration of computer hardware, operating system, networking, and database. GST support staff will assist you in identifying system problems as a function of maintenance support. However, if a problem is identified as a system administration responsibility, further assistance from GST support staff is billed at our then current hourly rates and terms. V. WARRANTIES (a) Limited Warranty for Services Any services being provided to the End User in accordance with the software maintenance program are offered on abest-efforts basis only, GST may not be able to resolve every service request made. Although GST will attempt to provide some guidance and direction, GST is not responsible for resolving issues related to networks, operating systems, back- end databases or hardware. It is the End User's responsibility to keep adequate data backups. GST will not be responsible for any lost data. ALL OTHER WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. VI. LIMITATION OF LIABILITY The End User's sole and exclusive remedies for any damage or loss in any way connected with any software or services furnished by GST, after acceptance of the GST software system, whether by GST's breach of warranty, negligence, or any other breach of any other duty, shall be, at GST option, replacement of the software or re-performance of service or return or credit of an appropriate portion of any payments made, or to be made, to GST with respect to such software or services. Under no circumstances shall GST be liable to you or any other person for any special, incidental, indirect or consequential damages of any character, including, without limitation, damages for loss of good will, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if GST has been advised of the possibility of such potential loss or damage. VILCHOICE OF LAW Interpretation of this Agreement shall be governed by the laws of the State of California. VIII. STATUTE OF LIMITATIONS No action or claim relating to or arising out of the software annual maintenance program may be instituted more than one (1) year after the event giving rise to such action or claim. IX.DESIGNATED SYSTEM ADMINISTRATOR (& BACK-UP): Santa Ana Police Department 25P-12 (GST PRIMARY BACKUP Name: Name: Title: Title: Address: Address: Phone: Phone: FAX. FAX. E-Mail: E-Mail: By: CUSTOMER By: GeoSpatial Technologies, Inc. (Authorized Signature) (Authorized Signature) Name: Name: Wilbur Hu Title: Title: Vice President Date: Date: Santa Ana Police Department 25P-13 ~GST Attachment A MAINTENANCE PROBLEM REPORT TO: GST CUSTOMER SUPPORT DATE: FAX: or EMAIL @ .com AGENCY/COMPANY NAME: CONTACT NAME: PHONE & FAX: EMAIL: APPLICATION NAME: MODULE with problem PROBLEM DESCRIPTION Location: Form: Tab: Field: FUNCTION being performed at time of problem (adding, modifying, deleting): OTHER SYSTEM ACTIVITY being performed at time of roblem • backup, running reports, ad- hoc searches? • print outs, screen dumps or error messa es? • adding disks, terminals, communication chan es? STATEMENT OF PROBLEM: FOR GST USE ONLY: MAINTENANCE PLAN Please circle 9x6 24x7 Under warrant RESOLUTION OF PROBLEM DATE RESOLUTION ACCEPTED BY CUSTOMER Santa Ana Police Department 25P-14 EXHIBIT E. GST AVL ACCEPTANCE CRITERIA Copyright 2008 GeoSpatial Technologies, Inc. 3130 S. Harbor Blvd. Suite 430 Santa Ana, CA 92704 Tracking • Does the system support real-time tracking of different devices, including GPS hardmount devices, MDC with GPS and broadband wireless card, GPS phones, GPS BlackBerry handsets, and show their current locations on the same map? • Does the system allow for GPS devices to be transmitted through different wireless communication networks of different carriers? • Does the system allow for different units to transmit GPS at a different time interval? • Does the system allow for user to change the GPS transmission rate for different units? • Does the system allow the user to change the refresh rate of GPS data on the map? • Does the system allow for the agency to host its own server within the agency's firewall? • Does the system provide both a table view of unit status and a map view of unit locations? Mapping • Can the software use the GIS map data that the agency provides, including street centerline and any other GIS map layers? • Can the software let the user configure each map layer and determine at which scale will the map layer be displayed and its features be labeled? • Can the software show units using aerial photo as background? • Can the map identify and show the closest units when the user enters an address or cross streets? • Can the map display the current locations of any set of selected units when the user clicks on one or more units on the vehicle list? • Can the map display the time, date, speed, and direction of the GPS data associated with any unit? • Can the user delineate a circle, a rectangle, or a polygon on the map and identify all the units within the delineated shape? • Does the software allow for display of images such as plot plans, building floor plans, pictures, and others that are associated with a location on the map? • Does the software allow for display of documentation in common PDF format associated with any location on the map? 25P-15 Grouping Does the system allow the user to define multiple groups and assign different units to different groups? Does the system allow for multiple sub-groups to be defined for each group, and assign different symbols to different sub-groups? Does the system allow the user to select one, more, or all groups to view their status on both the table view and the map view? Reporting • Does the software allow the user to select any unit and generate a detailed activity history of the unit during the user specified date/time range? • Can the user playback the history of any unit on the map point by point? • Can the user display the history of any unit on the map as a breadcrumb trail? • Can the system generate a report showing all the units that have not reported GPS data over an extended period of time? Routing • Can the software generate the fastest route from any location to any other location on the map? • Can the software generate the fastest route from any address or cross streets to any other address or cross streets? • When a route is generated, can the software show the turn-by-turn directions if the user choose to? • When the interface with the agency's CAD is built, can the mapping software installed on the MDC generate a route in real-time from the vehicle's current location to the incident automatically? Reverse 911 • If the agency provides address point layer or parcel map with addresses, can the system identify and create text files of all the addresses within a user- defined shape, such as a rectangle, a circle, or a polygon to support reverse 911 notification? • Can the system generate multiple concentric rings of varying distance from any user-specified location and create text files listing the addresses within those rings? 2 25P-16 EXHIBIT F: GST AVL FUNCTIONAL SPECIFICATIONS GST AVL Functional Specifications Copyright 2008 GeoSpatial Technologies, Inc. 3130 S. Harbor Blvd. Suite 430 Santa Ana, CA 92704 Tel: (714) 434-9936 Fax: (714) 434-9937 www.geospatialtech.com A. TRACKING -GST TRACKER WITH GST VIEWER • Variable Mobile Assets: Real-time tracking of multiple types of moving assets simultaneously, including vehicles with a GPS device, handsets, and Blackberries. • Constant Poll: Set a proper time interval to receive reports of any unit constantly. • GPS Status Display: The Status console shows each vehicle's latest GPS data including location in terms of street information, closest landmark if the landmark data is available, speed, date and time of the latest GPS data, and vehicle status if the CAD interface is available. • Maintenance Report: Shows units that have not reported for apre-set period of time, usually 7 days. • Group Selection: The user may divide vehicles and/or handsets into groups and select any one or more groups to monitor. Different symbols or colors can be assigned to different groups. • Near-Unit Identification: Display and identify mobile units close to any location on the map. • History Report: Generate a report of detailed driving history of any selected unit for any specific time period. • History Playback: Playback the driving history of any selected unit on the map, either point by point or in a breadcrumb trail. • Advanced Mapping: Support common GIS map data with unlimited number of layers. Mapping functions include address finding, vehicle-to-incident routing, aerial photography, geo-referenced image display in a separate window, reverse 911 notification, annotation, measurement, and other features. Copvrfght GeoSpntial Tecknologies, Lnc. 25P-17 B. MAPPING -GST MAPPER 1. Map Data ESRI Compatibility: GST Mappers is ESRI compatible. All GIS data in ESRI shapefile format can be incorporated into the system without conversion. However, since shapefile does not contain network topology, the street centerline shapefile does not support routing functions unless the shapefile is processed to generate additional files for network topology. If routing is desired, street centerline is the only shapefile that needs to be processed into a proper format. Multiple Data Layers: GST Mapper® supports any number of data layers as long as enough disk space is available on the hard drive. Multiple Data Types: GST Mapper® supports multiple types of GIS and image data, including standard street centerline, point features, line features, polygon features, aerial photography in ECW format, images in commonly used format such as JPG, and documents in pdf format (Acrobat reader required to read pd fl. Coordinate System: For GPS real-time tracking, GST Mapper© supports standard GPS native coordinates in Lat/Long NAD83 format. 2. Mapping Functions Standard Mapping Features: GST Mapper® provides standard mapping tools including zoom-in, zoom-out, pan, center map by clicking on any position of the map, and center map by entering Lat/Long coordinates. The zoom-in tool allows the user to click and draw a rectangle to zoom in to the defined box. The user may pan the map by pressing direction keys or dragging the mouse in any direction. Scale Control by Layer: GST Mapper© allows each map layer to be set at a different scale for display and labeling. At any user-set scale, each layer can be automatically turned on/off. The user may change the setting at any time. Scale Indicator: The map scale is displayed at the bottom ofthe map window. Cursor Coordinates: At any time, the Lat/Long coordinates of the cursor position are displayed at the bottom of the map window. As the cursor moves, the Lat/Long coordinates change automatically. Attribute Display: A button allows the user to click on a selected feature to display its attribute information. Map Annotation: GST Mapper® provides a set of annotation tools to allow the user to draw points, lines, polygons, and add text to the map. The annotations can be saved in a file for future use or be shared with other users. The user may open Copyright GeoSpatial Technologies, lnc. 2 25P-18 a previously saved annotation file to display on the map, or change the color, thickness, and size of the annotation. Measuring Tool: A measuring tool lets the user measure distance or perimeter and area by drawing lines or shapes around the map. The user may change the type of measurement units. Concentric Rings: GST MapperC~~ provides a tool to generate multiple concentric rings of different distances from any position on the map. Three rings of different user-specified distances from the center location will be generated. These rings can be customized in color, size, and distance. Automatic Street Labeling: GST Mapper© allows the user to set scale ranges for streets to be automatically labeled without any need to manually label streets. Address Geocoding: The user may enter either a street address or cross streets, and GST Mapper® will find the location and center the map automatically. Multiple Address Matches: Ifthere exist multiple matches of an address, GST Mapper® will list all the multiple matches for the user to choose from. Similar Name Search: When the user enters an incorrect street name, GST Mapper® provides a list of similar street names for the user to choose from. Address Range Search: If a house number does not exist in the database while there are different house numbers of that street, the user may enter an approximation range to find the closest house number of the street. DaylNight View: GST Mapper® has a button to switch between day view and night view. The day view shows map features in the standard colors. The night view shows key features such as streets, vehicles, and incidents against a dark background to reduce glare. District Pointer: GST Mapper® has an option to add buttons of District Pointer representing different districts within the jurisdiction. Clicking on a button will automatically pan the map to the designated district. 3. Mobile AVL GPS Support: GST Mapper® can read GPS data from any GPS device as long as the device generates the industry standard NMEA output through the standard serial connection. Vehicle Location: The current GPS position ofthe vehicle is displayed on the map if a GPS device is connected. GST Mapper® can display the vehicle's speed, time, and date from the GPS output. Copyright GeoSpntial Technologies, [nc. 3 25P-19 Travel History: As an option, if the user chooses to save travel history, the detailed history ofthe vehicle can be saved in a file and played back on the map later. GPS Detection: GST Mapper® offers a signal indicating whether or not valid GPS data is received from the GPS device. The signal informs the user when the software is not receiving valid GPS from the device. Wireless Communication: Provided that a broadband wireless communication is available, GST Mapper® may send the valid GPS data to an Automatic Vehicle Location System (AVL) through the MDC's wireless communication. Mobile AVL: GST Mapper® can show the current locations of other mobile units ofthe same group through the AVL system, provided that broadband wireless communication is available. Search Unit: With Mobile AVL, the user may click on any vehicle to find its location, and the map is automatically centered at the selected vehicle's location. Search Multiple Units: If the user selects more than one vehicle, GST Mapper® shows all the selected vehicles and the map automatically changes its scale to show all the selected vehicles. View Selected Units: The user may choose to view only those selected units and remove other units from display, or to view all units. Closest Units: The user may enter an address or cross streets, and GST Mapper® will center the map at that location and show the closest vehicles around that location. A separate window lists the closest units and their distances from the specified location. 4. CAD Incident Mapping Open Interface with CAD: GST Mapper® provides an open interface with any Computer Aided Dispatch System (CAD) to receive incidents from the CAD, provided that proper wireless communication between the CAD server and the MDC is available. Incident Mapping: With the CAD interface in place, GST Mapper® will show the location of the incident assigned to each specific vehicle in real time. A button is provided to allow the user to center the map to its assigned incident at any time. Incident Closing: At any time the user is able to click a button to close the currently assigned incident. Copyright GeoSpatial Technologies, Inc. 4 25P-20 5. Routing Capability Dynamic Navigation: With both a GPS device available and CAD Interface in place, GST Mapper® can generate the shortest or quickest route from the vehicle GPS location to the incident location whenever the CAD sends an incident to the MDC. The route is based on the street network rather than astraight-line solution. The route following street segments is highlighted on the map automatically. Driving Directions: GST MapperC~ provides turn-by-turn directions of the route if the user chooses this function. When the route has changed, the driving directions are automatically calculated to show the directions ofthe new route. Automatic Rerouting: At any moment, the route may be changed due to the movement of the vehicle or when a new assignment is received from the CAD. GST Mapper® recalculates the route based on auser-specified time interval. Address Routing: The user may enter any address and generate the route from the vehicle to that address, or from any address to any other address. Landmark Routing: The user may choose from a list of landmarks or known locations to generate the route from the vehicle to the selected location. On-Map Routing: The user may click on the map to determine the origin and destination, and GST Mapper® will automatically generate the route on the streets. The user may choose to show driving directions by clicking a button. 6. Image/PDF Display Aerial Photo: GST Mapper® allows the user to switch between the regular GIS map and aerial photo image. When the aerial imagery is selected as the background, key features including vehicles and incidents are displayed on top of the aerial photo. The user may use the standard mapping tools to zoom-in, zoom- out, and pan the aerial photo. Scanned Map Image: GST Mapper® allows the user to switch between the regular GIS map and any scanned, geo-referenced map image provided in standard JPG format. When a scanned map image is used as the background, key features including vehicles and incidents are displayed on top of the scanned map image. ImagelPDF Viewing: GST Mapper® provides a separate image window to simultaneously display the map and the image, i.e., it can show the map and an image associated with a specific location on the map. The scanned images include building floor plans, drawings ofapartment complexes, pictures ofa building, scanned parcel map, etc. The images can be of any commonly used image formats including JPG, GIF, TIFF, and also the standard PDF files. Copyright GeoSpatial Technologies, [nc. 25P-21 7. Reverse-911 Notification Radius Search: Ifthe layer of address points is available, the user may click on anywhere on the map, and drag the mouse to define the radius, and GST Mapper®will show a text file listing all the addresses that are inside the circle. Rectangle Search: The user may click and drag a rectangle on the map and GST Mapper® shows a text file listing all the addresses within the rectangle. Polygon Search: The user may draw a polygon of any shape on the map, and GST Mapper® will show a text file listing all the addresses within the polygon. Multiple-ring Search: The user may click on the map, and GST Mapper® will show multiple files listing the addresses within multiple rings of difference distances from that location. For instance, if the distances of the multiple rings are set as 1 mile, 3 miles, and 5 miles, there will be three files listing all the addresses within the respective distances from the location. Copvrigh[GeoSpatial Teclanologies, Inc. 25P-22 CITY OF SANTA ANA _ FINANCE & MANAGEMENT SERVICES AGENCY PURCHASING DIVISION 20 CIVIC C1-:NTER PLAZA M-lb P.O. E30X 198A SAN'I~A ANA, CALIFORNIA 92702 REQUEST FOR EXCEPTION TO COMPETITIVE BIDDING PROCESS Requests for exceptions to the competitive bidding process require detailed justification. This form must accompany your requisition whenever an exception to the competitive bidding process is requested. Such a request should not be made unless supported by factual statements that will pass an independent audit. Failure to respond fully to any of the questions could result in delay or rejection of your request due to inadequate justification. The Buyer or F&MS Agency Administrative Services Manager will determine whether the justification is appropriate. 1. Describe the product or service you wish to procure. Use enough detail to clearly describe what you are procuring to someone not familiar with the process. The City of Santa Ana is the reci ient affY20071/rhan Area Security /nitiative (UAS/ Grant funds funds from thisgrant wi//be used for an ,4utnmatic Yehic% Locating (AFL) system. Such s stems are a/ready im /emented in severs/pa/ice and fire departments thraughvut the Orange County Operatiana/Area. AFL wi// enah/e ~v/ice Department andQCity managers to more efficient/y track and dep/vy.(in rea/time) critics/resources during a catastrophic or terrorist event by using G/nha/Pasitiomng Sate//ite (GPS) techna/vgy and Gevspatia//nfarmatian Systems (G/S) data. 2. What are the unique performance factors of the requested product or service that cannot be met by another vendor? The cvnfiguratian, sohware, and system requested has a/readybeen purchased from this vender, Geaspatia/Techna/agies, and imp/emented by I4 pa/ice/fire agencies within Orange County. 7Cauntywide agencies from Las,4nge%s, Riverside, and Ventura Counties have a/so imp/emented the exactsamesystem. /n order tv maintain cansistencyand ensure interaperahi/ity, the exact same system mustbe procuredand imp/emented. This wi//accamp/ish the eventua/gas/af/inking each agency's system and tracking Operatiana/andRegiana/ area-wide resources during a catastrophic event. A sing/e, common operating picture wi//he passib/e. I HEREBY CERTIFY THAT to the best of my knowledge, after having reviewed all pertinent information available to me at this time, the followi g vendor is the so a source of supply for the required product or service indicated .~ l ~ /~ G.-'- --- - REQUESTO}j~" --~--~ ~! ~~'~ ~~ -~ DATE: ~~ / ~~ /~~ DEPT./DIV. HEAD: Vim-- DATE: ~/ l2~ BSc' REQUISITION #: 25P-23 25P-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: AGREEMENT WITH PHOENIX GROUP INFORMATION SYSTEMS TO PROVIDE AUTOMATED PARKING CITATION PROCESSING SYSTEM CI Y ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Phoenix Group Information Systems to provide an automated parking citation processing system in the amount of $275,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Since 2004, Phoenix Group Information Systems has provided an automated parking citation processing system for the Police Department. The Police Department exclusively utilizes a "hard copy" system for issuing and processing parking citations and Phoenix Group Information Systems streamlines and expedites the issuance and processing of parking citations. They also handle all refunds related to parking penalties. The Police Department recently sent out a Request For Proposal (RFP) for an automated parking citation processing system. Two venders responded to the RFP, Phoenix Group Information Systems and Turbo Data System, Ink. After reviewing both proposals the staff has determined that Phoenix Group Information Systems meets the requirements of the Police Department, has performed satisfactorily during previous terms, and their processing fee per citation is 20% less than Turbo Data System Ink's rate. The new agreement is for a one-year term in an amount not to exceed $275,000. The new agreement is for services through the end of 2009 and will guarantee stability within the processing, hearing, and collection procedures for the City's parking citations. 25Q-1 Automated Parking Citation Processing System December 1, 2008 Page 2 FISCAL IMPACT Funds are available in the Police Department's Traffic Division fund (account no. 011-333-6291), Public Works Agency's Roadway Cleaning fund (account no. 068-633-6291), and the Community Development Agency's Parking Meter fund (account no. 027-013-6291). APPROVED AS TO FUNDS AND ACCOUNTS: i ~~ ~ ~~ ~~_ Paul M. Walters Chief of Police Police Department Ja s G. Ross Ex cutive Director P blic Works Agency 4 Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency Francisco Gutierrez ~~ Executive Director Finance & Mgmt. Services Agency 25Q-2 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 1St day of December, 2008 by and between Phoenix Group Information Systems, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of processing parking citations and collection of parking penalties. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform parking citation and refund services as set forth in City's Request For Proposal for Automated Parking Citation Processing System and Consultant's Proposal dated November 5, 2008, attached hereto as Exhibit A and incorporated to this Agreement by this reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $275,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first stated above and terminate on December 31, 2009, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Chief of Police and the City Attorney. 25Q-3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 25Q-4 c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Each party agrees to defend, indemnify and hold harmless the other party, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all demands, claims, actions, losses, liabilities, damages and costs arising out of or in connection with the performance of this Agreement, caused in whole or in part by the negligent acts or omissions, or the willful misconduct of the indemnifying party, its officers, agents, employees, subcontractors or of anyone for whose acts the indemnifying party may be liable, except where caused by the sole negligence or willful misconduct of the indemnified party. 7. CONFIDENTIALTI'Y/FILE SECURITY Reasonable security provisions will be provided by Consultant to insure that access to City computer records and files will be available only to City. Consultant cannot guarantee against loss or alteration of computer records, but will take reasonable precautions to prevent such occurrences. Consultant will hold all City data in strict confidence and shall not provide any data to any other party unless directed by City in writing. If either party receives from the other party regarding information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, the receiving party agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the receiving party disclosed in a publicly available source; (c) is in rightful possession of the receiving party without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the receiving party without reference to information disclosed by the other parry. 25Q-5 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and Chief of Police City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 245-8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Phoenix Group Information Systems 2670 North Main Street, Ste 200 Santa Ana, California 92705 Telefacsimile (714) 384-0151 Attn: Mary Houghton A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25Q-6 10. EXCLUSIVITY AND AMENDMENT This Ageement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other ageements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Ageement shall prevail. This Ageement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agee that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Ageement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Ageement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Ageement shall be construed to limit the City's ability to have any of the services which are the subject to this Ageement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Ageement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant until the date of termination, subject to the following conditions: a. As a condition of such payment, the Chief of Police may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Ageement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Ageement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Ageement shall be determined and governed by the laws of the State of California. Both parties further agee that 25Q-7 Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. TN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager PHOENIX GROUP INFORMATION SYSTEMS ROBERT T. MURPHY President Tax ID# 33-0311833 25Q-8 EXIIIBIT A DEFINITIONS As used in this Agreement, the following words shall have the meanings ascribed to them in this section: A. Citation: A notice of parking violation issued by any peace officer or employee of the City, or by an employee of a contractor engaged by the City for the issuance of notices of parking violations. B. "DMV": California Department of Motor Vehicles C. Interactive Voice Response System: An electronic telephone response system through which callers may retrieve automated information concerning the status of their citations. D. Surcharge: The amount payable to the County, pursuant to State law, for a citation issued by the City and paid by a violator. E. Violator: The registered owner or driver of a vehicle for which a citation has been issued for a parking or related violation. SCOPE OF SERVICES 1.1 General Scope. As more specifically provided herein, CONSULTANT shall receive from the City and process citations for parking and related violations issued by City or its agents involving vehicles registered in both California and out-of-state. CONSULTANT shall also notify violators of penalties, accept payments of fines and pursue collection of unpaid citations. CONSULTANT shall refund moneys collected for parking fines paid on parking citations in order to correct payment or issuance errors. 1.2 Integration of Prior Data. At no cost to City, in order to facilitate the continued monitoring and collection of outstanding citations CONSULTANT shall process, convert, and/or integrate into its own system for processing citations, information relating to open citations issued by City or its agents prior to the commencement of the Initial Term of this Agreement. CONSULTANT shall complete such integration within thirty (30) days after CONSULTANT receives electronic data from City, or from a contractor previously engaged by City to provide similar processing services, containing information for citations issued and entered into the electronic system of City's previous contractor. 1.3 Citation Referral and Reconciliation. The City shall forward citations to CONSULTANT daily or weekly by way of electronic communication or hard copy. CONSULTANT shall provide monthly statistical reports to City showing a detailed reconciliation of citations received each month. The City shall also provide to CONSULTANT information regarding citation payments received directly by City, as well as cancellations, dismissals, voided citations, corrections and any other relevant information pertaining to the status of open citations. 25Q-9 1.4 Registered Owner Information. CONSULTANT will be responsible for requesting all DMV registered owner information, communications, and costs from each state. If CONSULTANT is unable to obtain the necessary information, the citation may be returned to City for research or follow-up. 1.5 Delinquency Notices. For each citation which may become delinquent under a schedule adopted by the City and provided to CONSULTANT, CONSULTANT shall generate and send via first class mail a Delinquency Notice to the registered owner of the vehicle for which the citation was issued, as shown in records of the DMV. Mailed notices shall include: A. Citation number B. Date and time of issuance C. Violation and description D. Amount of fine/fee due E. How to pay the citation F. Return address for payment 1.6 Communications with Violators. In performing services, CONSULTANT shall not do or undertake any of the following without the express prior written permission of the City Attorney: A. Take any legal action on behalf of City against any person who is issued a citation by the City. B. Threaten to take any action on behalf of City against any person who is issued a citation by City. C. Make any communication, oral or written, regarding potential legal action on behalf of the City against any person who is issued a citation by the City. 1.7 Vehicle Registration Holds. 1.7.1 Placing Registration Holds. CONSULTANT shall place a hold with DMV on the registration of each vehicle for which a citation remains unpaid by the registered owner of such vehicle in accordance with, and within the time period provided in, the California Vehicle Code and other applicable law. 1.7.2 Removing Registration Holds. Once a registered vehicle owner remits the entire amount of fines, penalties, and fees due on an unpaid citation to the satisfaction of City, CONSULTANT shall electronically notify DMV within five (5) calendar days to remove the registration hold on that vehicle. 1.8 Forms. All forms, delinquency notices, and correspondence sent by CONSULTANT shall conform to applicable law. 1.9 Boolcs and Records. CONSULTANT will maintain adequate books and records documenting the citations forwarded by City to CONSULTANT for processing. Upon two week prior notice, such books or records, related processing data, and related bank records shall be available for inspection or audit by City at CONSULTANT's business location during regular working hours. 2.0 PAYMENT PROCESSING 2.1 Payment Processing. CONSULTANT shall be responsible for receiving and processing citation payments submitted by violators. CONSULTANT shall deposit all payments received 25Q-10 directly by CONSULTANT, and any payments forwarded by City, within 48 hours (2 working days) after receipt into an account controlled by the CITY. For citation payments which may be submitted directly to the City, the City may either forward such payments to CONSULTANT for processing and deposit, or accept such payments and input directly to the CONSULTANT system. 2.2 Deposits. CONSULTANT will provide a daily update to the City with deposit information; including but not limited to: date of deposit, amount of deposit, name of bank and account number. 2.3 Credit Card Payments. CONSULTANT shall provide the opportunity for violators to pay citations by credit card, both over the telephone and the Internet. In addition to the citation amount and any applicable surcharges, a violator making payment by credit card shall also be charged an additional convenience fee of $3.95 retained by CONSULTANT. CONSULTANT shall provide this service at no charge to City. 2.4 Revenue Reporting. CONSULTANT shall forward to City revenue reports to reconcile the deposit records for each month. Such reports must also disclose the percentage-based fee charged by CONSULTANT for processing citations issued for vehicles registered outside California, as further described in Section 5.1. 2.5 Refunds. CONSULTANT has added the City of Santa Ana (CITY) to an Imprest account set up for Refunds. The CITY funds the account for the purpose of funding the disbursements for refunds. At such time that the fees are disbursed; the CITY is invoiced monthly for an equal amount to replenish the funds to make available for the next months disbursements. The account balance covers an average month of refunds. CONSULTANT will prepare a monthly accounting of the distribution revenue and forward in detail to the CITY. A request to refund the parking fine can be generated by the City or CONSULTANT. In order to facilitate the process of refunding moneys: 1. CONSULTANT or CITY may request a refund. 2. Only the CITY may approve or authorize a refund, CONSULTANT will request approval either by fax or email prior to any disbursement of funds. 3. CITY may request a refund on-line. CONSULTANT will maintain the name of the requestor. 4. CONSULTANT will ensure that the Refund request has been properly completed and approved by the CITY. 5. CONSULTANT shall verify the correctness of the refund and notify the CITY of any discrepancies. 6. CONSULTANT shall prepare checks to each recipient, drawn from the Imprest account, for the indicated refund amount within 7-10 days. 7. On-line data available includes Refund Request initiated (date pending), complete date, recipient's name and address, amount disbursed. 3.0 CUSTOMER SERVICE CONSULTANT will respond to all inquires and complaints by violators regarding the status or disposition of citations. CONSULTANT will provide assistance whenever possible to violators for all inquiries. CONSULTANT shall provide a toll free telephone number for California and out-of--state violators to call for assistance. CONSULTANT shall provide an Interactive Voice Response System for use by violators 24 hours per day, 7 days per week. CONSULTANT shall 25Q-11 provide live customer service for violators from 8:00 AM to 5:00 PM daily, excluding weekends and CONSULTANT holidays. 3.1 On-Line Inquiry CONSULTANT will provide to the CITY on-line remote access that will include the following a. All citation information/history and processing status, c. Current status of the citation, DMV inquiry, hold, and release information, d. Delinquent notice information, due date, mailing date, e. Administrative review, hearing appeals and disposition information, f Payment information, including all date, amounts and payment codes, and g. Registered owner information. The citation data is accessible by citation number, vehicle license number, name, or VIN number. 3.2 Equipment Requirements CITY will provide a standard Personal Computer and Microsoft Windows 2000 Pro or XP PRO. CONSULTANT will provide Microsoft Client Terminal Services. The cost of the software is included. Any licensing required to operate Terminal Services will be the responsibility of the CITY. CITY will be required to provide Adobe Acrobat Reader, Internet (Microsoft Internet Explorer) and FTP capabilities. 4.0 REPORTING CONSULTANT shall provide electronic periodic reporting to City in a PDF format available for access using Adobe Acrobat Reader software. CONSULTANT shall issue the reports each month, unless a longer time interval is requested by City. Initially, the reports shall include: A. Citation Status Report B. Citation Summary Report C. Bail Summary Report D. Revenue collection report E. Repeat Offender Report F. Violation Report G. DMV Monthly Reports H. Officer Report I. Refund Report 5.0 FEES 5.1 For Regular Services. In consideration for the services provided by CONSULTANT, City agrees to pay to CONSULTANT the fees set forth in Attachment 1, hereto. 5.2 Postal increases. If the United States Postal Service increases the cost of first class mail postage, the cost per mailing notice item will be increased by the amount of the Postal Service increase. 5.3 Invoice. Consultant shall invoice City each month for services rendered pursuant to this Agreement during the previous month. City shall review such invoice and, if acceptable, shall remit payment therefore within 30 days, subject to City accounting procedures. 25Q-12 6.0 DATA RETENTION POLICY 6.1 Electronic Data Files. Electronic data maintained by CONSULTANT and related to citations which have been closed (by payment or any other means) for at least 12 months and which were issued at least 18 months prior to removal, shall be removed from CONSULTANT'S electronic system and archived in July of each year. Data archived from CONSULTANT'S system shall be retained by CONSULTANT in electronic media for 24 months following the date of archival. CONSULTANT shall provide to the City a copy of such data in electronic format upon request by the City. 6.2 Hard Copy Data. At no cost to the City, CONSULTANT shall return hard copy files to the City in January and July of each year for the six-month period commencing one year prior to delivery of the hard copy files. For example, hard copy files delivered to CONSULTANT during the period of January to June shall be returned to the City the following January. Hard copy files shall include all original citations and payment receipts. CONSULTANT will also provide computer generated citation data for citations on the system provided they have not been archived to magnetic media. 25Q-13 EXIIIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25Q-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: AGREEMENT AMENDMENT TO GROUND LEASE WITH DELHI CENTER (~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment to the ground lease with Delhi Center, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On September 5, 2000, the City of Santa Ana entered into a 20-year ground lease agreement with Delhi Center, a California non-profit corporation, to permit the construction of a community center and ancillary parking areas at Delhi Park located at 2314 South Halladay Street. Delhi Center is planning to implement a California head start educational facility within the existing community center to serve the needs of the surrounding community. This proposed use is in compliance with the permitted uses specified in the original lease agreement. The State requires that a playground be installed on the premises for the head start program participants. To comply with this requirement, Delhi is requesting an expansion to the original leased area, which will require the removal of the west parking lot in order to accommodate the fenced playground area. All other terms of the original agreement will remain in full force and effect through September 5, 2020. FISCAL IMPACT There is no fiscal i pact associated with this action. Lli~- Gerardo Moue , Executive Director Parks, Recreation and Community Services Agency 25R-1 FIRST AMENDMENT TO GROUND LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE DELHI CENTER THIS FIRST AMENDMENT TO THE GROUND LEASE AGREEMENT is entered into this day of November 2008, by and between the City of Santa Ana a municipal corporation and charter city duly organized and existing under the Constitution and laws of the State of California, referred to in this lease as "Landlord," and the Delhi Center, a California nonprofit public benefit corporation, referred to in this lease as "Tenant." Recitals: A. The parties entered into that certain Ground Lease Agreement dated September 5, 2000, (hereinafter referred to as the "Ground Lease") by which the City leased real property to the Delhi Center for construction of a Community Center. A copy of the Ground Lease is attached hereto as Exhibit 2. B. The parties wish to keep the existing Ground Lease in full force and effect subject to the amendments contained herein. C. In accordance with the terms and conditions of the Ground Lease generally, and section 5.02 specifically, the parties wish to memorialize their agreement to allow tenant the right to undertake further construction on site as reflected in the 3-page site plan attached hereto as Exhibit 3. Wherefore, in consideration of the covenants contained in the Ground Lease, and subject to all the terms and conditions of said Ground Lease, the parties hereby amend the Ground Lease as follows: 1. The definition of "the Premises" described in Paragraph A of the Preamble and Recitals of the Ground Lease is amended to include the property described in Exhibit 1 attached hereto. 2. In accordance with Section 5.02 of the Ground Lease, Delhi Center shall have the right to construct an expansion to the Community Center consistent with the site plans attached hereto as Exhibit 3. 3. Delhi Center will obtain all necessary approvals and permits to construct the real property improvements as depicted in the plans attached hereto as Exhibit 3. 4. Except as hereinabove amended, all terms and conditions of said Ground Lease shall remain in full force and effect. Page 1 of 2 11/19/2008 25R-2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written .above. The Delhi Center ("Tenant"), a California nonprofit public benefit corporation By: By: Executive Director Chair Board of Trustees City of Santa Ana ("Landlord") A Charter City By: Attest: By: David N. Ream City Manager Patricia E. Healy Clerk of the Council Approved as to Form: Joseph Fletcher, City Attorney By: Jose Sandoval Managing Senior Assistant City Attorney Page 2 of 2 11/19/2008 25R-3 PORTION OF BLOCK 2, TRACK 39. MM 9-37 a 0 0 _ ~-.-- ® 271.20' o~N88°30'25"W ...-~-~- 69' I ~ I I ~~ I ~ 1 0' o w v `~ DELHI ~ Iw COMMUNITY °IM 'i~zr ol~, ~, X3,9 - CENTER "lo ;, ~~-' I~ , - 1 0 `,~ N88° 30' 31 "W Iz i I '~ I L~ N MI M I ~l ~I °' ~ ~° N ~- z ~ ~ 216.99' I T.P.O.B. --- ----- ~ N88°30'25"W ~!-~ ~, ~~M ~~ ~~~ P.O.B. '`~N ~ ~z '~ w ~W ''~^ Vl '~~ J J '2 -- i _-- --- __1 _. ,~, 1 88.82' N88°30'25"W CENTRAL AVENUE -----~ --- I-__ __ -- r __ --- -, l0 w' ~ j ~cnwl w ~j ~~ ~~~, ~~,~ ~~~ ~ ~°~ ~ ~~ DELHI COMMUNITY CENTER ~`~ DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION F~~~ ~~ ~~,R~ < n~ <<.~, ~~~ -T' ~ ~. _. RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: ) City of Santa Ana ~ Attn: ~~ }v Clerk ) 20 Civic Center Plaza,i•1-30 ~ Santa Ana, CA 92702 ) This document exempt from recording fee per Government Code ' ~ 27383. A-2000-1 54 GROUND LEASE Preamble and Recitals This lease is entered into on September 5, 2000 by and between the City of Santa Ana, a municipal corporation and charter city duly organized and existing under the Constitution and laws of the State of California, referred to in this lease as "Landlord," and the Delhi Center, a California nonprofit public benefit corporation, referred to in this lease as "Tenant." A. Landlord is the owner of certain real property in the County of Orange, State of California, described in Attachment "A ," which is attached hereto and incorporated herein and made a part of this lease (referred to in this lease as "the .Premises"). B. Tenant desires to lease the Premises for the purpose of constntcting a community center ("the Community Centel'), appurtenant parking areas, and other related improvements (collectively referred to in this Iease as "the Improvements") in accordance with the agreement of the parties as set forth in this lease. C. For purposes of constructing the Community Center the parties hereto will enter into an additional agreement wherein the Landlord agrees to use its expertise in facilitating all aspects of constructing the Community Center. ARTICLE 1 LEASE OF PREMISES AND TERM OF LEASE Section 1.01. A sreement to Lease For and in consideration of the rents to be paid and covenants to be performed by Tenant under this lease, Landlord agrees to lease the Premises to Tenant, and Tenant agrees to lease the Premises from landlord, on the terms and conditions set forth in this lease. Except as expressly otherwise provided in this lease, "the Premises" includes the real property plus any appurtenances and easements described in Attachment "A " of this lease, exclusive of any Improvements now or subsequently located on the Premises, notwithstanding that any Improvements may or shall be construed as affixed to and as constituting part of the described Premises, and without regard to whether ownership of the Improvements is in Landlord or in Tenant. Section 1.02. RESERVED ~~1~5~-5 ~ Section 1.03. Term of Lease The term of this lease shall be for a term of 20 years, commencing at 12:01 am. on September 6, 2000 ("Commencement Date") and ending at 12:01 A.M. on September 5, 2020 ("Original Term', unless terminated earlier pursuant to the provisions of this lease. Section 1.04. Extended_Term In the event Tenant is not then in default under this lease, Tenant shall have the option and right to extend the Original Term of this lease for a period of 20 years and 10 years, respectively, commencing on the expiration of the Original Term and/or Extended term. If Tenant elects to extend the term of this lease, Tenant must give Landlord written notice of Tenant's election to extend at least 30 days before expiration of the Original Term and/or Extended Term. The written notice shall be deemed effective on personal delivery to Landlord at the Office of the Clerk of the Council or on the date it is deposited in the United States mail in accordance with the provisions of Section 12.03. During the Extended Term of this lease, if any, Landlord and Tenant shall be bound by all of the obligations, covenants, and agreements of this lease except that Tenant shall have no right to further extend the term of this lease beyond or after expiration of the second extended term granted under this section, unless agreed to in writing by the City and Delhi. References throughout this lease to "the term of this lease" shall include both the Original Term and the Extended Terms, if any, unless otherwise indicated. Section 1.05. Holdin~Over In the event Tenant holds over and continues in possession of the Premises after expiration of the Original Term, when Tenagt has not validly exercised its option to extend the term of the lease in accordance with Section 1.03, or after expiration of the Extended Term, when Tenant has validly exercised its option to extend the term of the lease in accordance with Section 1.04, Tenant's continued occupancy of the Premises shall be considered amonth-to-month tenancy. subject to all the terms and conditions of this lease. ARTICLE 2 RENT Section 2.01. Annual Rent Tenant agrees to pay Landlard annual rent ("Annual Rent") for each year during the term of this Lease in the amount of $ I.00 (One DalIar) per year for each year of this lease, including each ensuing year of this lease subject to the option to renew, pursuant to Section 2.04 of this lease. Section 2.02 RESERVED Section 2.03. Time and Place for Payment of Rent All Annual Rent provided for in Section 2.01 of this lease shall be paid by Tenant on an annual basis on the first day of each calendar year. Tenant may elect to pay the full amount due. under the term of this lease on the original date of execution of this lease. All rent required under this lease shall be paid to Landlord at 20 Civic Center Plaza, M-30, Santa Ana, California, or any other place or places that Landlord may designate by written notice to Tenant. Section 2.04. RESERVED 25R-6 Section 2.05. No Partnership or Joint Venture Nothing in this lease shall be construed to render Landlord in any way or for any purpose a partner, joint venturer, or associate in any relationship with Tenant other than that of Landlord and Tenant, nor shall this lease be construed to authorize either to act as agent for the other. ARTICLE 3 USE OF PREMISES Section 3.01. Permitted Use Tenant shall use the Premises solely for the purpose of constructing, maintaining, and Leasing a Community Center to provide social, educational and recreational programs to the general public. Section 3.02. Compliance With Laws Tenant shall, at Tenant's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal, including those requiring capital improvements to the Premises or Improvements, relating to any use and occupancy of the Premises, and specifically not limited to any particular use or occupancy by Tenant, whether those statutes, ordinances, regulations, and requirements are now in force or are subsequently enacted. If any license, permit, or other governmental authorization is required for the lawful use or occupancy of the Premises or any portion of the Premises, Tenant shall procure and maintain it throughout the term of this lease. The judgment of any court of competent jurisdigtion in a proceeding brought against Tenant by any government entity, that Tenant has materially violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Landlord and Tenant and shall constitute grounds for termination of this lease by Landlord. Section 3.03. Prohibited Uses Tenant shall not use or permit the Premises or any portion of the Premises to be improved, developed, used, or occupied in any manner or for any purpose that is in any way in violation of any valid law, ordinance, or regulation of any federal, state, county, or local governmental agency, body, or entity. Furthermore, Tenant shall not maintain, commit, or permit the maintenance or commission of any nuisance as now or hereafter defined by any statutory or decisional law applicable to the Premises or qtly part ~of the Premises. ARTICLE 4 TAXES AND UTILITIES Section 4.01. Tenant to Pav Taxes Tenant shall pay, if applicable, during the term of this lease, without abatement, deduction, or offset, any and all real and personal property taxes, general and special assessments, and other charges, including any increase caused by a change in the tax rate or by a change in assessed valuation, of any description levied or assessed during the term of this lease by any governmental agency or entity on or against the Premises, the Improvements located on the Premises, personal property located on or in the Premises or Improvements, and the leasehold estate created by this lease. Section 4.02. Taxable Interest Tenant recognizes that this Lease may create a possessory interest subject to property taxation and that Tenant may be subject to the payment of property taxes levied on such interest. Tenant shall pay, before 25R-7 delinquency, all taxes, assessments, license fees and other charges (hereinafter referred to as "taxes") that are levied or assessed during the term hereof against the Tenant's leasehold interest in the real property or installed or located in or upon the Premises. Section 4.03. RESERVED Section 4.04. Payment Before Delinquency Any and all taxes and assessments and installments of taxes and assessments required to be paid by Tenant under this lease shall be paid by Tenant at least 10 days before each such tax, assessment, or installment of tax or assessment becomes delinquent. On the written request of Landlord, Tenant shall deliver to Landlord the official and original receipt evidencing the payment of any taxes, assessments, and other , charges required under this Article, or evidence that Tenant is exempt from said taxes. Section 4.05. RESERVED Section 4.06. Contest of Tax Tenant shall have the right to contest, oppose, or object to the amount or validity of any tax, assessment, or other charge levied on or assessed against the Premises or any part of the Premises; provided, however, that the contest, opposition, or objection must be filed before the tax, assessment, or other charge at which it is directed becomes delinquent-and that ~vTitten notice of the contest, opposition, or objection must be given to Landlord at least l0 days before the date the tax, assessment, or other charge becomes delinquent. Landlord shall, on written request of Tenant, join in any such contest, opposition, or objection if Tenant determines that joinder is necessary or convenient for the proper prosecution of the proceedings. Tenant shall be responsible for and shall pay all costs and expenses in any contest or legal proceeding instituted by Tenant. In no event shall Landlord be subjected to any liability for costs or expenses connected to any contest by Tenant, and Tenant agrees to indemnify and hold Landlord harmless from any such costs and expenses. Section 4.07. RESERVED Section 4.08. Tax Hold-Harmless Clause Tenant shall indemnify and hold Landlord and Landlord's property, including the Premises and any Improvements no~v or subsequently located on the Premises, free and harmless from any liability, loss, or damage resulting from any taxes, assessments, or other charges required by this Article to be paid by Tenant and from all interest, penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes, assessments, or other charges. Section 4.09. Utilities Tenant shall pa}~ or cause to be paid, and hold Landlord and Landlord's property including the Premises free and harmless from, all charges for the furnishing of gas, water, electricity, telephone service, and other public utilities to the Premises during the lease's term and for the removal of garbage and rubbish from the Premises during the term of this lease. Section 4.10. RESERVED 25R-8 ARTICLE 5 CONSTRUCTION BY TENANT Section 5.01. Dut~to Construct Tenant shall, in collaboration with Landlord, construct or cause to be constructed on the Premises, a Community Center in the manner and according to the terms and conditions specified in this Article. Section 5.02. Requirement of Landlord's Written Approval No structure or other improvement of any kind shall be constructed on the Premises unless and until the plans, specifications, and proposed location of that structure or improvement have been approved in writing by Landlord. Furthermore, no structure or other improvement shall be constructed on the Premises that does not comply with plans, specifications, and locations approved in writing by Landlord. Section 5.03. RESERVED Section 5.04. RESERVED Section 5.05. RESERVED Section 5.06. RESERVED Section 5.07. RESERVED Section 5.08. RESERVED Section 5.09. Time for Completion Tenant, together with Landlord, shall cause construction of the Community Center to be commenced in accordance with the schedule for completion, provided by the program manager, and shall cause construction of the Community Center to be diligently pursued without unnecessary interruption, and shall cause the Community Center to be completed and ready for occupancy not later than three years after commencement of its construction. The time of performance by either party hereunder shall be extended where delays are due to war; insurrection; strikes; lockouts; Labor disputes; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation including, but not limited to, litigation challenging the validity of this transaction or any element thereof (except condemnation); severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor, or suppl ies; acts of the other party; acts or failure to act of the City or any other public or governmental agency or entity {other than acts or failure to act of the City shall not excuse performance by the City); or any other cause beyond the control, or without the fault of the party claiming an extension of time to perform; provided that notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Any such extension shall be for the duration of the cause of the delay. Section 5.10. RESERVED. Section 5.11. RESERVED 25R-9 Section 5.12. Ownership of Improvements Title to all Improvements, including the Community Center, to be constructed on the Premises by Tenant shall be owned by Tenant until expiration of the term or earlier termination of this lease. All Improvements, including the Community Center, on the Premises at the expiration of the term or earlier termination of this lease shall, without compensation to Tenant, then automatically and without any act of Tenant or any third party become Landlord's property: Tenant shall surrender the Improvements to Landlord at the expiration of the term or earlier termination of this lease; free and clear of all .liens and encumbrances, other than those, if any, permitted under this Lease or otherwise created or consented to by Landlord. Tenant agrees to execute, acknowledge, and deliver to Landlord any instrument requested by Landlord as necessary in Landlord's opinion to perfect Landlord's right, title, and interest to the Improvements and the Premises. ARTICLE 6 ENCUMBRANCE OF LEASEHOLD ESTATE Section 6.01. Tenant's Right to Encumber Tenant may, at any time and from time to time during the term of this lease, encumber to any institutional lender regulated by state or federal authority {referred to in this lease as "Lender"), by deed of trust or mortgage or other security instrument, all of Tenant's interest under this lease and the leasehold estate hereby created in Tenant {referred to in this lease as a "Leasehold Encumbrance") for any purpose or purposes without the consent of Landlord. However, no Leasehold Encumbrance incurred by Tenant in accordance with this Section shall, and Tenant shall not have power to incur any encumbrance that shall, constitute in any way a lien,or encumbrance on Landlord's fee interest in the Premises. Any Leasehold Encumbrance shall be subject to all covenants, conditions, and restrictions set forth in this lease and to all rights and interests of Landlord, except as is otherwise provided in this lease. Tenant shall give Landlord prior written notice of any Leasehold Encumbrance, together with a copy of the deed of trust, mortgage, or other security interest evidencing the Leasehold Encumbrance. Section 6.02. Notice to and Service on Lender Landlord shall mail to any Lender who has given Landlord written notice of its name and address, a duplicate copy of any and all notices Landlord may from time to time give to or serve on Tenant in accordance with or relating to this lease, including but not limited to any notice of default, notice of termination, or notice regarding any matter on which Landlord may predicate or claim a default. Any notices ar other communications permitted by this or any other section of this- lease or by law to be served on or given to Lender by Landlord shall be deemed duly served on or given to Lender when deposited in the United States mail, first-class postage prepaid, addressed to Lender at the last mailing address for Lender furnished in ~~7iting by Lender to Landlord. Section 6.03. Additional Right to Encumber Tenant may, at any time and from time to time during the. term of this lease, encumber to the California Department of the Youth Authority, pursuant to Califomia Welfare and Institutions Code Section 990, et seq. Section 6.04. RESERVED Section 6.05. RESERVED Section 6.06. RESERVED 25R-10 Section 6.07. RESERVED Section 6.08. RESERVED Section 6.09. RESERVED Section 6.10. RESERVED Section 6.11. Lender as Including Subsequent Security Holder The term "Lender" as used in this lease shall mean not only the institutional lender that loaned money to Tenant and is named as beneficiary, mortgagee, secured party, or security holder in the Security Instrument creating any Leasehold Encumbrance, but also ali subsequent purchasers or assignees of the leasehold interest secured by the Leasehold Encumbrance. Section 6.12. Two or More Lenders In the event t~vo or more Lenders each exercise their rights under this lease and there is a conflict that renders it impossible to comply with all requests of Lenders, the Lender whose Leasehold Encumbrance «•ould have senior priority in the event of a foreclosure shall prevail. ARTICLE ? REPAIRS AND RESTORATION Section 7.01. Maintenance by Tenant At all times during the term of this lease Tenant shall, at Tenant's own cost and expense, keep and maintain or cause to be maintained the Premises and all Improvements thereon (including but not limited to the Community Center) in good working order, condition and appearance. Tenant shall make all reasonable and necessary repairs, replace broken, damaged or worn structural components or fixtures so as to keep the Community Center in a safe, usable condition, and perform housekeeping operations as required, so as to keep the premises and Improvements clean, attractive and free from the accumulation of any litter, garbage, debris or waste material. If, at any time, Tenant fails to maintain or cause to be maintained the Premises as required by this section, and said condition is not corrected after the expiration of a reasonable period of time not to exceed thirty (30) days from the date of written notice from Landlord, Landlord may perform the necessary maintenance and Tenant shah pay all costs incurred for such maintenance. Section 7.02. Requirements of Governmental Agencies At all times during the term of this lease, Tenant, at Tenant's own cost and expense, shall do all of the follotiving: (a) Make all alterations, additions, or repairs to the Premises or the Improvements on the Premises required by any valid law, ordinance, statute, order, or regulation now or hereafter made or issued by any federal, state, county, Iocal, or other governmental agency or entity; (b) Observe and comply with all valid laws, ordinances, statutes, orders, and regulations now or hereafter made or issued respecting the Premises or the Improvements on the Premises by any federal, state, county, local, or other governmental agency or entity; 25R-11 (c) Contest if Tenant, iri Tenant's sole discretion, desires by appropriate legal proceedings brought in good faith and diligently prosecuted in the name of Tenant, or in the names of Tenant and Landlord when appropriate or required, the validity or applicability to the Premises of any law, ordinance, statute, order, or regulation now or hereafter made or issued by any federal, state, county, local, or other governmental agency or entity; provided, however, that any such contest or proceeding, though maintained in the names of Tenant and Landlord, shall be without cost to Landlord, and Tenant shall protect the Premises and Landlord from Tenant's failure to observe or comply during the contest with the contested law, ordinance, statute, order, or regulation; and (d) Indemnify and hold Landlord and the property of Landlord, including the Premises, free and harmless from any and all liability, loss, damages, fines, penalties, claims, and actions resulting from Tenant's failure to'comply with and perform the requirements of this Section. Section 7.03. Tenant's Duty to Restore Premises If at any time during this lease's term, any Improvements now or hereafter on the Premises are destroyed in whole or in part by fire, then, the elements, or any other cause not the fault of Landlord, this lease shall continue in full force and effect and Tenant, at Tenant's own cost and expense, shall repair and restore the damaged Improvements. Any restoration by Tenant shall comply with original plans for the Improvements described in Article 5, except as may be modified by Tenant to comply with the terms of any sublease of the Improvements, or except as may be otherwise modified by Tenant and approved in writing by Landlord. The work of repair and restoration shall be commenced by Tenant within 240 days after the damage or destruction occurs and shall be completed with due diligence not later than one year after the work is commenced. In all other respects, the work of repair and restoration shall be done in accordance with the requirements for original constriction work on the Premises set forth in Article S of this lease. Tenant's obligation for restoration described in this Section shall exist whether or not funds are available from insurance proceeds. Section 7.04. Option to Terminate Lease for Destruction Notwithstanding Section 7.03 of this Iease, Landlord shall have the right to terminate this lease if the Improvements are damaged or destroyed by a casualty for which Tenant is not required under this lease to carry insurance and the cost to repair or restore the damaged or destroyed Improvements exceeds 50 percent of the fair market value of the Improvements immediately before the damage or destruction, provided Tenant does not notify Landlord, in writing, of its intent to repair, subject to Section 7.03 of this Agreement. Section 7.05. Application of Insurance Proceeds Any and a}I fire or other insurance proceeds that become payable at any time during the term of this lease because of damage to or destruction of any Improvements on the Premises shall be paid to Tenant and applied by Tenant to~r-ard the cost of repairing and restoring the damaged or destroyed Improvements in the manner required by Section 7.03 of this lease, or, if this lease is terminated under Section 7.04, applied by Tenant toward payment of the Leasehold Encumbrance(s). ARTICLE 8 INDEMNITY AND INSURANCE Section 8.01. Indemnit~Aareement Tenant shall indemnify and hold Landlord and Landlord's property, including the Premises and Improvements now or hereafter on the Premises, free and harmless from any and all liability, claims, loss, 25R-12 damages, or expenses resulting from Tenant's occupation and use of the Premises, specifically including, without limitation, any liability, claim, loss, damage, or expense arising by reason of the following: (a) The death or injury of any person, including Tenant or any person who is an employee or agent of Tenant, or by reason of the damage to or destruction of any property, including property owned by Tenant or by any person who is an employee or agent of Tenant, from any cause whatever while that person or property is in or on the Premises or in any way connected with the Premises or with any of the Improvements or personal property on the Premises; (b) The death or injury of any person, including Tenant or any person who is an employee or agent of Tenant, or by reason of the damage to or destruction of any property, including property owned by Tenant or any person who is an employee or agent of Tenant, caused or allegedly caused by either (1) the condition of the Premises or some building or improvement on the Premises, or (2) some act or omission on the Premises of Tenant or any person in, on, or about the Premises with the permission and consent of Tenant; (c) Any work performed on the Premises or materials furnished to the Premises at the instance or request of Tenant or any person or entity acting for or on behalf of Tenant; or (d) Tenant's failure to perform any provision of this lease or to comply with any requirement of law or any requirement imposed on Tenant or the Premises by any duly authorized governmental agency or political subdivision. Section 8.02. Liabiliri Insurance . Tenant shall, at Tenant's own cost and expense, procure and maintain during the entire term of this lease a broad form comprehensive coverage policy of public liability insurance issued by an insurance company licensed by the State of California insuring Tenant and Landlord against loss or liability caused by or connected with Tenant's occupation and use of the Premises under this lease in amounts not less than the following: (a) Public liability and property damage insurance with a single combined liability limit of not less than $1,000,000.00 (One Million Dollars) insuring against all liability of Tenant and its authorized representatives arising out of and in connection with Tenants use or occupancy of the Premises. Section 8.03. Fire and Casualty Insurance Tenant shall, at Tenant's own cost and expense, at all times during the term of this lease, keep all Improvements on the Premises insured for their full replacement value by insurance companies authorized to do business in the State of California against loss or destruction by fire and the perils commonly covered under the standazd extended coverage endorsement to fire insurance policies in the county where the Premises are located. For as long as there is any Leasehold Encumbrance in existence, that policy shall also contain a standard lender endorsement. Section 8.04. ~cific Perils to Be Insured Notwithstanding anything to the contrary contained in Section 8.03 of this lease, the insurance required by Section 8.03 of this lease shall, whether or not included in the standard extended coverage endorsement referred to in Section 8.03, insure all Improvements on the Premises against loss or destruction by windstorm, cyclone, tornado, hail, explosion, riot, riot attending a strike, civil commotion, malicious mischief, vandalism, aircraft, fire, smoke damage, and sprinkler leakage. Furthermore, the insurance required by Section 8.03 of this lease during the construction of the Community Center described in Article 5 shall include coverage for course of construction, vandalism, and malicious mischief, insuring the Community Center during its construction and all materials delivered to the site of the Community Center for their full insurable value. 25R-13 Section 8.0~. Deposit of Insurance With Landlord and Lender Tenant shall, within 10 days after the execution of this lease and promptly thereafter when any such policy is replaced, rewritten, or renewed, deliver to Landlord and Lender a true and correct copy of each insurance policy required by this Article of this lease or a certificate executed by the insurance company or companies or their authorized agent evidencing that policy or policies. Section 8.06. Notice of Cancellation of Insurance Each instrance policy required under this Article shall contain a provision that it cannot be cancelled for any reason unless 30 days' prior written notice of the cancellation is given to Landlord and to Lender in the manner required by this lease for service of notices on Landlord by Tenant. ARTICLE 9 CONDEMNATION Section 9.01. Total Condemnation If, during the term of this lease, fee title to all of the Premises or to all of the Improvements, or the entire leasehold estate of Tenant is taken under the power of eminent domain by any public or quasi-public agency or entity {a "Total Taking"), this lease shall terminate as of 12:01 A.M. on whichever of the following occurs first: (1}the date legal title becomes vested in the agency or entity exercising the power of eminent domain, or (2) the date actual physical possession is taken by the agency or entity exercising the power of eminent domain. Thereafter, both Landlord and Tenant shall be released from all obligations under this.lease. Section 9.02. Partial Taking-Parking_Areas If, at anytime during the term of this lease, a taking occurs that is less than a Total Taking and affects the parking areas for the Community Center, all compensation and damages payable for that taking shall be made available to and used, to the extent reasonably needed, by Tenant to repair any portion of the remaining parking areas damaged by the taking and to replace the pazking azeas taken with other new parking areas on the portion of the Premises not taken, provided that replacement is then permitted by existing law. Plans and specifications for the replacement parking areas must first be approved in writing by Landlord. Notwithstanding anything to the contrary in this Section, if the portion of the parking areas taken by eminent domain results in a net loss of 25 percent or more of the azea of the Premises that can, after considering any replacement parking areas that can be lawfully constructed on the remaining portion of the Premises by reasonable methods, be devoted to parking areas as compared with the area devoted #o those parking areas immediately before the taking, Tenant may terminate this lease in the manner prescribed by Section 9.04 of this lease. Section 9.03. Partial Taking-Improvements If at any time during the term of this lease a taking occurs that is less than a Total Taking and affects the rentable portion of the Improvements on the Premises, all compensation and damages payable for that taking (excluding any portion payable for a taking of parking azeas} shall be made available to and used, to the extent reasonably needed, by Tenant to repair any portion of the remaining rentable- portion of the Improvements damaged by the taking and to replace the rentable portion of the Improvements taken with other new rentable space on the portion of the Premises not taken, provided that replacement is then permitted by existing law. Plans and specifications for the replacement rental space must be compatible, in terms of architecture and quality of construction, with the Improvements not taken and must be first approved in writing by Landlord. Notwithstanding anything to the contrary in this Section, if the rentable portion of the 25R-14 Improvements taken by eminent domain results in a net loss of 25 percent or more of the area of the Premises that can, after considering any replacement rentable space that can be lawfully constructed on the remaining portion of the Premises, be devoted to rentable space as compared with the area devoted to that rentable space immediately before the taking, Tenant may terminate this lease in the manner prescribed by Section 9.04 of this lease. Section 9.04. Termination for Partial Taking Tenant may terminate this lease for the reasons stated in either Section 9.02 or Section 9:03 of this lease, or both, by serving written notice of termination on Landlord within 90 days after Tenant has received from Landlord or from the condemning authority written notice of an intended taking that sets forth the extent and scope of the intended taking. If Tenant elects to terminate this lease, the effective date of termination shall be the earlier of (1) the date of termination specified in Tenant's notice to Landlord or (2) the date the condemning authority takes physical possession of the portion of the Premises taken by eminent domain. On termination of this lease under this Section, all subleases and subtenancies in or on the Premises or any portion or portions of the Premises created by Tenant under this lease shall also terminate and the Premises shall be delivered to Landlord free and clear of all such subleases and subtenancies; provided, however, that Landlord may, at Landlord's option, by mailing written notice to any subtenant, allow the subtenant to attorn to Landlord and continue its occupancy on the Premises as a tenant of Landlord. Section 9.05. RESERVED ARTICLE 10 ASSIGNMENT AND SUBLEASING Section 10.01. No Assienment Without Landlord's Consent Tenant may assign this lease or any interest in this Lease, subject to the prior written consent of Landlord. Landlord shall grant consent if the proposed assignee is financially qualified and has sufficient experience in the operation and management of a community center. to perform all the agreements, undertakings, and covenants of this Lease and all other agreements entered into by Tenant which relate to the management, operation, maintenance, constnictiou, and restoration of the Improvements and the Premises. To assist Landlord in determining whether or not the proposed assignee is so qualified, Tenani shall furnish to Landlord at no expense to Landlord, before that assignment, detailed and complete financial statements of the proposed assignee, audited by a certified public accountant reasonably satisfactory to Landlord (if the proposed transferee causes its statements to be so audited in its normal course of business), together with detailed and complete information about the business of the proposed assignee, including its experience in operating community centers, the use to be made of the Premises and Improvements by the proposed assignee, projections by the proposed assignee of the sources of funds to be used to repay any indebtedness of Tenant that the proposed assignee will assume or take subject to, or agree to pay to Tenant, and other claims on and requirements for those funds, together with any other information as Landlord may reasonably require to assist Landlord in determining whether or not the proposed assignee is so qualified. Landlord shall have 30 days after receipt of the information described above to notify Tenant of whether it consents or does not consent to the proposed assignment. A consent by Landlord to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment made contrary to the terms of this Section shall be null and void unless otherwise permitted by this Article. Section 10.02. Leasehold Encumbrances and Subsequent Transfers 25R-15 Notwithstanding the provisions of Section 10.01 of this lease, Tenant may without the prior written consent of Landlord transfer and assign all Tenant's interest under this lease and Tenant's leasehold estate created under this lease to a Lender under a Leasehold Encumbrance (as defined in Section b.01 of this lease). Any transfer, conveyance, or assignment resulting from a foreclosure or acceptance of a deed in lieu of foreclosure by any Lender (as defined in Section 6.01 of this lease), or any transfer, conveyance, or assignment by any Lender following its acquisition of this lease and the leasehold estate of Tenant created by this lease as a result of foreclosure or acceptance of a deed in lieu of foreclosure shall not require the prior consent of Landlord. Section 10.03. Tenant's Right to Sublease Tenant shall have the right to sublease all or any portion of the Premises from time to time, and at all times during the term of this lease, without Landlord's consent; provided, however, that the following conditions are met: (a) The term of any sublease shall not extend beyond the term of this lease; (b) Any and all subleases shall be expressly made subject to all of the terms, covenants, and conditions of this lease; and (c) Any subtenant shall be required to attorn to Landlord in the event of Tenant's default under this lease. ARTICLE l l DEFAULT AND REMEDIES Section 11.01. Continuation of Lease in Effect Should Tenant breach this lease and abandon the Premises before the natural expiration of the lease's term, Landlord may continue this lease in effect by not terminating Tenant's right to possession of the Premises, in which event Landlord shall be entitled to enforce all Landlord's rights and remedies under this lease, including the right to recover the rent specified in this lease as it becomes due under this lease. Section 11.02. Termination and Unlawful Detainer In the event of a tenant default under this lease, Landlord may terminate this lease by written notice to Tenant and may also do the following: (a) Bring an action to recover the following from Tenant: (1}The worth at the time of award of the unpaid rent that had been eamed at the time of termination of the lease; or (2) Any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform Tenant's obligations under this lease; and (b) Bring an action, in addition to or in lieu of the action described in subparagraph (a) of this Section, to reenter and regain possession of the Premises in the manner provided by the laws of unlawful detainer of the State of California then in effect. Section 11.03. Breach and Default by Tenant All covenants and agreements contained in this lease are declared to be conditions to this lease and to the term hereby leased to Tenant. Should Tenant fail to perform any provision, covenant, condition, or agreement contained in this lease and the default is not be cured within 30 days after written notice of the default is served on Tenant by Landlord, then Tenant shall be in default under this lease. 25R-16 Section 11.04. Cumulative Remedies The remedies given to Landlord in this Article shall not be exclusive but shall be cumulative with and in addition to all remedies now or hereafter allowed by law and elsewhere provided in this lease. Section 11.05. Waiver of Breach The waiver by Landlord of any breach by Tenant of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Tenant of either the same or a different provision of this lease, Section 11.06. Surrender of Premises On expiration or earlier termination of this lease, Tenant shall surrender the Premises and all Improvements in or on the Premises to Landlord in as good, safe, and clean condition as practicable, reasonable wear and tear excepted. Section 1 i.07. Arbitration A. Arbitration of Disputes. [Note that the provisions of this Section aze not applicable and binding unless initialed by both Parties.] 1. Any claim, controversy, dispute or disagreement related to this Agreement shall, at the request of either Party hereto, be submitted to final and binding arbitration before the American Arbitration Association ("AAA") in Orange County, California, pursuant to the AAA's Commercial Arbitration Rules in effect at the time a request for arbitration is filed (the "AAA Rules"). The Parties hereby irrevocably consent to venue in Orange County, California. The azbitrator (the `'Arbitrator") shall be appointed pursuant to the procedures set forth in the AAA Rules. The arbitration shall commence at the earliest possible opportunity unless otherwise agreed in writing by the Parties hereto. The Parties shall promptly and diligently cooperate with one another and the Arbitrator, and shall perform such acts as maybe reasonably necessary io obtain a prompt and expeditious resolution of the dispute or controversy in accordance with the terms hereof. The Parties agree that the Arbitrator shall have the power to decide all issues of fact and law and report its decision thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy or dispute before it. The Arbitrator shall try all issues, whether of factor law, and record a finding and judgment thereon and shall hear and determine all pretrial issues and motions and post-trial motions related to the judgment filed or to be filed and to act on all matters related thereto which may be within the jurisdiction of the Superior Court of the State of California. With respect to substantive (as opposed to procedural) matters, the Arbitrator shall be required to apply the laws of the State of California when deciding the issues of the Arbitration and rendering its decision. Except as otherwise provided by the AAA Rules, al} rules of evidence as set forth in the California Evidence Code, other statutory and decisional law of California and all local court rules and California Rules of Court shall be applicable to any proceeding before the AAA. The Arbitrator shall render its final decision in writing, stating the reasons for each component of its decision. The Parties agree to be bound by the final decision of the Arbitrator and to promptly provide the Arbitrator and the other Party(ies) with any and all documents, instructions or other information necessary to allow the Arbitrator to arrive at its decision and to give effect to that decision. The cost of such proceedings shall be borne equally by the Parties to the dispute. 2. Delhi's resort to, or participation in, any azbitration proceeding shall not baz suit by Delhi in a court of competent jurisdiction for specific performance unless and until the arbitration proceeding results in a judgement in favor of the City in which event such judgement and award shall act as a bar against any further action by Delhi for specific performance. 25R-17 3. BY INITIALING IN THE SPACE BELOW; THE PARTY INITIALING IS AGREEING TO THE ARBITRATION PROVISIONS SET FORTH IN THIS SECTION AND IS AGREEING TO GIVE UP SUCH RIGHTS AS THE PARTY MIGHT OTHERWISE POSSESS TO HAVE SUCH DISPUTE(S) LITIGATED IN A COURT AND/OR IN FRONT OF A JURY. FURTHER, BY INITIALING BELOW, THE PARTY INITIALING ACKNOWLEDGES AND AGREES THAT: (i) IT IS GIVING UP ANY RIGHTS TO DISCOVERY AND/OR APPEAL UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION PROVISION OF THIS SECTION OR OTHERWISE PROVIDED FOR BY WAY OF THE AAA RULES OR THE MUTUAL AGREEMENT OF THE PARTIES IN SUCH ARBITRATION PROCEEDING, AND (ii) IF IT REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING T4 THIS PROVISION, SAID PARTY MAY BE COMPELLED TO ARBITRATE T THORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. City De i ARTICLE 12 OTHER PROVISIONS Section 12.01. Force Majeure Except as otherwise expressly provided in this lease, if the performance of any act required by this lease to be performed by either Landlord or Tenant is prevented or delayed by reason of any act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause, except financial inability, not the fault of the party required to perform the act, the time for performance of the aci will be extended for a period equivalent to the period of delay and performance of the act during the period of dela}~ will be excused. However, nothing contained in this section shall excuse the prompt payment of rent by Tenant as required by this lease or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. Section 12.02. Attorneys' Fees Should any litigation be commenced hettiveen the parties to this lease concerning the Premises, this lease, or the rights and duties of either in relation thereto, each party in that litigation shall bear its own attorney fees and casts associated therewith. Section 12.03. Notices to Landlord Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Iease or by Iaw to be served on or given to Landlord by Tenant or any Lender described in Article 6 of this Iease shall be in writing and shall be deemed duly served and given when personally delivered to Landlord by personal service on the Clerk of the Council, or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, and sent by express mail that allows for tracking, addressed to Landlord at Clerk of the Council, City of Santa Ana, 20 Civic Center Plaza, M-30, Santa Ana, California, 92701. Landlord may change Landlord's address for the purpose of this section by giving written notice of that change to Tenant in the manner provided in Section 12.04; Tenant shall then transmit a copy of that notice to any Lender described in Article 6 of this lease. 25R-18 Section 12.04. Notices to Tenant Except as otherwise expressly provided by lativ, any and all notices or other communications required or permitted by this lease or by law to be served on or given to Tenant by Landlord shall be in writing and shall be deemed duly served and given when personally delivered to Tenant, any managing employee of Tenant, or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, and sent by express mail that allows for tracking, addressed to Tenant at Delhi Community Center, 542 East Central Avenue, Santa Ana, California, 92707. Tenant may change its address for the purpose of this section by giving written notice of that change to Landlord in the manner provided in Section 12.03 of this lease. Section 1c2.05. GoveminQ Law This lease, and all matters relating to this lease, shall be governed by the Iaws of the State of California in force at the time any need for interpretation of this lease or any decision or holding concerning this lease arises. Section 12.06. Binding on Heirs and Successors This lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto, but nothing in this section shall be construed as a consent by Landlord to any assignment of this lease or any interest in the lease by Tenant except as provided in Article 10 of this lease. - Section 12.07. Partial Invalidity If any provision of;his lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provis-ions of this lease shall remain in full force and effect unimpaired by the holding. Section 12.48. Sole and Onlv Agreement This instrument constitutes the sole and only agreement bettiveen Landlord and Tenant respecting the leasing of the Premises to Tenant and the lease terms set forth in this lease, and correctly sets forth the obligations of Landlord and Tenant to each other as of its date. Any agreements or representations respecting the leasing to Tenant by Landlord, or any other matter regarding this lease not expressly set forth in this instrument are null and void. Section 12.09_ Time of Essence Time is expressly declared to be of the essence of this lease. Section 12.10. Recordation of Lease This Lease, its Exhibits, and all attachments thereto, shall be recorded with the County Recorders Office, County of Orange, California, pursuant to California Government Code Section 37393. 25R-19 IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year first above written. ATTEST: -~ Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: i ary A. tz sist nt Cit Att e CITY OF SANTA ANA, a municipal corporation and charter city duly organized and existing under . the Constitution and laws of the State of California DELHI CENTER, a California nonprofit public benefit corporation Irene Martir}E Executive. 1 Al Chavez ~ Chair Board of Trustees 25R-20 ~e~~iFORN1A ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ---~~~~- . On ~(~ ~J'l'3-C'J~ before me ~ ~ ~L 1 ~1s~~ lr !~ l~illii.- ~~i /~'/ ~ /s~.f CL , ' r ~~ ) Name and TitN or OIBur (s.g., •Jarr Dos. Pubic personally appeared i.`L (• t`r° d { ~ ~ Names} a Slgnar(:~ ^ personally known to me ~ proved to me on the basis of satisfactory evidence .>wsss -~- - '.s~r~.~ #o be the person(s~ whose names} islare- r=LtuaErtt N. a~ subscribed to the within instrument and COR1r"'~On# tsT~3 Gf t bli C t P acknowledged to me that he/sf~eftt'~y executed c - artt a a No Qy u Q,v e ~ the same in his/l~er~tkreirr authorized ~ Y My Corrm:6~iresAug4~C04 capacity(tes~; and that by his/1~erftFieir _ signature(s) on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. z WITNESS my hand and official seal. ~ ,/ ,r: ~~,., Place Notary Seal Abwa Si¢rature a Notary Pubic OPTIONAL Though the information below is not required by taw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: '• IndIVldUal Top d thumb here Corporate Officer -Title(s): Partner -'~ Limited C General Attorney in Fact G Trustee O Guardian or Conservator Other: Signer Is Representing: O 7999 Nati0rV1 Notlry Auooiaoan •9150 Da Sob Aw., P.O. Boa 2COY • GhdtSwOrltl. CA 9111 YN02 • ww+.naeoraMwtary.ory Prod Na 5907 Raordar: CY To1-Free 1-80o-878.6a27 25R-21 .+:...rrnQr-itrn e~ ~ .to~~QpASE. ecICNOwLEDGM-ENT State of California ss. County of L~l~/1~'t:- ~ On ~ ~t~u ~ ,before me, u '~ ~1) ~~PT~ ~ury~t''t~' /f= L ~ ~~ ~ ~ Data ,. ~e. . , ru. personally appeared i fE't`-~%~___~?~~ T) d~~ Z Nsma(s) or Sgrtsr(s) ^ personally known to me '~' proved to me on the basis of satisfactory evidence to be the person() whose namefsj is/ere ubscribed to the within instrument and D.tUgEn-t Iti pANG Gammtssion ~ t?T~53 s acknowledged to me that-he/sheltlTey executed NiotattY ~~' ~ the same in ttr5~'~~r~##terr authorized Corrm~~4~lOD4 t~ capacity(ies), and that by #slher/their y signature(s) on the instrument the person, or the entity upon behalf of which the person(.s'f acted, executed the instrument. ~ and official seal- hand m y ITN ESS W ~~ DD ~ _ /l /~ ' ' ~iyr ~ ~ l ~ . ~fi ~3Ct:-('r Plr_e Notary Soal Above / spa of Notary PubMc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer ner's Name: Si g ^ Individual Top of thumb here ^ Corporate Officer -Title(s): C Partner - L= Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer is Representing: O 1999 National Note? Asxi anon • :A De SWo Aw., P.O. Box 2W2 • Gha[sw«U+. G 91313-2102 • wwir.nalionauatuY•enD Prod. No. 5907 Reoid~r- Call Tot-Free 1-Boo-e/6-aeei 25R-22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On 10/04/2000 ,before me, Elizabeth A. Dang, Notary Public Date Name and Title of O<ficx (e.g..'Jans Doe. Notary PuDlic') personally appeared Dliquel A Pulido , Name(s) of Stpner(s) ~ personally known to me ^ proved to me on the basis of satisfactory evidence ~~~ ~' SANG to be the person(s) whose name(s) is/are Z ~~~ t~ subscribed to the within instrument and 2 Notary Public - CaGfamia Y.~, Oronge County acknowledged to me that heLshe/they~ executed Myt;aTr;r.E~iresr~6~~D0~4 the same in his/he~/the+c authorized "`~' ~ capacity(-ies~,- and that by his/herft#jei~ signatureEs) on the instrument the person(}, or the entity upon behalf of which the person{ acted, executed the instrument. ~ WITNESS m//y''hand and official seat. Place Nolary Seal Above / SignaWre of NOlary PubLc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment o/this form to another document. Description of Attached Document Title or Type of Document: , Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: C Individual Top d thumb here ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: O 1949 NaOaW Holary Aasotialion • 930 De Soro eve., P.O. eos 2002 • p+ab-oNl C/191J732~02 • www.rnuonaYgnry•org Prod No. 3907 Haardsc CiL TWFne /.a00.678.9827 25R-23 Attachment A 25R-24 fir: ~ r ~~~: t ~~ ~ - ~ .- :~ r ~ f~ -- ~~ ^ { , a ~~ ~: 7i`. I~, t~: 1` G ~I. i r, ~, ~~ ~. .~ ~ V !. .-J~ ~ y ~~ - T ' ~~ ~~ :._ , s~~. m ~ 3~ '. ~ .:~ ~~. t t {~ ~~ ,~ ~~ ~~-. :` ~ 3 ~ ~ ~ 3 o, ~ p r l_ _ ~ t-•- -~ _ ~--•-•-~--•-. ., f ~.~ .: ~,/' ~ ~ •° ~ >- :_.-.~ r i ~ ~~ C ~ ~ h .. ! ~ I • ,~~ r--• n I .-._ L~:' , - '\ ~~ ~ ± . =_: ~ `•, ~; F 1, ~!~ ~: 1 .,, ~ -, Y.. ~`_~ 1 [ -.~ ~~=_ ._ • r ~=9 ~t : r .c ~T ~ rr~ S ~`t . ~ ~ : } - -~ ~ y A.. ~ 1• % ~ ~ ~ ~ ~ ` .. i „' ~ ~ : l ` - 4~ ~ -~•_ `~ {j . .v t~ .~ -L~^ `~ ~ ~: M M ~ -~ I~ r~ .-~-~-_~;~ ~~ . ~I N .. ~.. ~,. s .~~A~~ Y ~t°~ ti _a.___ _.__ _ __. ___.:~ ~t -~_~ ` I.a i .Y' ! *~es.~ y r ~ Y i _~_: r °_~r'i~ " ~.~ ' ~~ r ^~ _ ~. ~ r. .i :I 1~' .~ €~ ~~ i rF_ ~` ;~ 1~ ~: a c 'r ,,.. i Z _ _i ~ ~ ~ _ 4, ' ~~-•'_~- -__i_-a-a- _~^ .~ .^ ~'- ^Ix 0 C O ~i~ -----~ ~ f J~~ O -- i ., G !~ f ----~- O O G ~ O O .•~. ~.~.: OO (~ ' L~ - Q ~ ~ P'--i i ~ s -~ ~ o0 o a ,.. .::. L ' ~ ~ Z ~; _.._ t ,. `-_.~ . ~ -.. ,. '~3. ` ~~, ,/" ` ~-l 2 ,~ n :>~ i ~ .'~~.~ _=; -': ~~ ~~ rK. i 1 ~:,: s_---^; -- ----- n ~~~ '~ 1 ._ ~ . ,~f w 1~. _-- ,(. l 1 i i. '~ ~ ~ ~ .; ~ : ~~ ~_ i-a `t 4 r r {~ f _~ ~ti ~, ~~ _~_ ~ .; . ~, a .~~ ~ ` -t - . - -r, t ~ ,~ - Gl 1j ~ ~-'. ~~ 25R-25 _. ~. . W J t N O n~,~~ T ~,~1 ~,I- mil ..~-,I• i) I ,L~~ 1 1 L~1V L11 L L L~v~. / 1 T ' 216.99' ...~..~ .~-.,..~~..........~... I ° N88°3.0'25"w , 1 i ~ ~ 1 ~ 10' ' I 10~' I 1 ~~ DELHI ~ 1W . ° I`" COMMUNITY ° ~M I °~°' CENTER ° °' ' N~N N~N , ~ 'Z 'Z I I , ' I ' ' I `° 216.99' -~~~ I ~ ~ N88.30'2s"w , 1 ,W ~~ m~M I '-• ~. I ~~N ~ P.0.8. 1~~• I I~ 11 11z IW LL. Q J J Q 2 SANTA ANA P~~ ~~'-00 DELHI COMMUNITY CENTER V SKETCH TO ACCOMPANY LEGAL DESCRIPTION .~.~ ~~. 25R-26 1 188:82' ~ N88°30'26"W CENTRAL AVENUE DESCRIPTION THAT PORTION OF LOT 1 !N BLOCK 2 OF TRACT 39, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 37 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST"CORNER ~OF SAID.COT 1;.SAlD CORNER BEING A POINT ON THE NORTH LINE OF CENTRAL AVENUE (60 FEET WIDE) AS SHOWN SAID MAP OF TRACT 39, THENCE SOUTH 88° 30'25" EAST ALONG SAID NORTH LINE OF CENTRAL AVENUE A DISTANCE OF 188.82 FEET; THENCE LEAVING SAID NORTH LINE OF CENTRAL AVENUE, NORTH 1°29' 35" EAST A DISTANCE OF 79.18 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 88° 30'25" EAST A DISTANCE OF 216.99, THENCE NORTH 1°29' 35" EAST A DISTANCE OF 209.00 FEET; THENCE NORTH 88° 30'25° WEST A DISTANCE OF 216.99; THENCE SOUTH 1°29' 35" WEST A DISTANCE OF 209.00 FEETTO THE TRUE POINT OF BEGINNING. 25R-27 ~, m g ~ v o, v ,. m~ -- ~- v ~ r. g ~. ~ ~ ~ 1 ., _ _ - ~( - ~ . ~ r m = r, Q. • Y ~ ~~ 1 i - J _ ~ i i ~ ' . , i -QC~I~Q ~~ i ~ ~~ i ~ ~ ° ~ - ~: , ~, ~- f ~~ ~ . ofj-~ ° D~--~~- n l i i' ~ S is ~ ~ ,c'. .. s.- ~t.. ~~ O ~ ~; r ~ ~ Ci; ~ p i ~~ n 7 T ~i Ot ~ ~~ I ~ ° p L ~ ~ ~ -- -~ _~ C U ~ 1. ~ c i .. -~ ~ ~~ ~ ~ ~ ~~ C: ' ~ € _ i _ E~ ',, ~~~ /~ = . d . -_, ,. ~Y~ _ S __ _ __ ? ~~ -... J _._ .__ ~ t t ~~ I} ". ~ ~ , .~. _ ~~;y ^- ~~~ ~ § ~~ ~ _~ - - .r-~" - y, e i ,~ ,. i ~ _-- ---- -- - - -- -- -- -- f - - I -f'-- -- - - - -- - Z _ - - 1 i~ Y: ~ .a ~ €$ ~ x g P Y P Y ~ M G Y ~ ., a '~ M~ .. 8 8~. M e~~ 8~ ii ~ ,~°, 8 8 7C ~ . " e e N i ~ ~ ~ m z ~ m S g p y g p ~ ~ g i 7 R 8 ~ ~ ~ 3 1 ~ ~ 3 i< ~ 4 r $ °f ~i °! ' ~ ~ d 8 ~~~ ~ n $ ~ ~ ~ z 1 x g g f o a. ~ a m ~ $ ': d x ~ g s e ~ ~ i s ~S 'dz ' ~ ~ § g j ~ ~ ~ g s ~ q $ S a ~ ®§¢ $$i ~ ~ # s ~ ~ ~. ; t z m ~~ z - g g~4~P ~`s Lo3 3z sa~ £- *93~~1~~g r~~ ~ °~ 9 a ~~~ ~ m a i ~~~ a e P~ 3 6 ~a ~ o a a ~- S . - g i~a~. s s~E a3 tt~ ~. ~S' ~3~ -~ ~ ~ _ S e ~% ~ a 5 $ ~ y Orange County Head Start, Inc. i rt:' Delhi Community Canter Remodel 505 E Central Ave Santa Ana G 92]0] F i,, ~{- ; ~ ~ ~ _ ~ ,5 0~ Pha$e ~ ~ ' a ~ q A ~ ~~ ~' t ' ~ ?p ~~~il a //~ VI ~ . . i Architectural Slte A,a`~ ~ & ~ S ~ ~ 9NG ~~~ ~ ~ 8 ^ ~ ~ ~ ~x~7Y~~f ~ 3 Z '. '~ ~ F~p 35 3 ~ ~ ~ 5 2 -~ ~ /"d a ~.. F % R4r A~ ~ ~jii y, ~~€ ~ ~`~ ~ ~~ o i7 ss '.~ a ' ~~~5 t~ ¢y is ~. ~ 5 Fla ~ ~ 7 ~ b _ ~ S~,F _ Y £3 4 5, C _- _ _ a. ®~ ~ o Z - e oe ~ ~ ~e : a ~ ~ - ,a F:f s ~ ~ f I I II ~ :I __ ~ - 2 ' i 0 ~` -' _ _ - - - - - -_ - ~ 4 ~.5 i ~R~~N4 {.. f ~~ S~ 33 ~ ~ ~~ liP ~ 4 ~ 4 ~ ~p~F ; ~ ~nm ~ ~ 3~~5~g ~ p [ ~ e ~ -3C 1 f ~~$s~Q IP~ y £ sam "x - 3 a 7 9 i~1 ~~ s ~> ~ r a 9 ?4 i z c i ~ -~ z r ~ I~`1 ~ ; °, g "s a .,I :a : s: il: °; i _... - F3" - - W yo;x - n O ~~ p~ ~~~?* i? m £f=Y$p=z L za3aox~F ~aAxp A~+~m" r ~ Orange County Head Start, Inc. ~ ~ ~ ~ ~ ;~ ~ ` ° ~ p ~ '-- "'" Delhl Community Center Remodel Phase I I r ~$ ~~ +~ Fy ~~~ ~ N' 505 E. Central Aue. Sanla Ana CA 92J07 9 e `. ~~~ : 8 ~ . IRRIGATION P~P,N = R R ~ ~ @ ~" '~ ~ & ~ +~ m ~m m 14'-0" _ ~ n ~~ Li~it~f WoAc~ a b b~< ~e'> 3 .~ a W m m'v .~'s~' o i ~ g c~ m ~ T~. l ~ ~ ~' v, m m I c I 8 "> m n I~ m ~ >~ ~_ ~ ~ b' - - am m m 13 a €~ 'zS ~ =~ 'c N F T to a~ ~° o to' ~ ~ n ~ m I~ 01 n R~ ss ~~ o ~ 5'-0" ~ g I~ a r ~ °^ ~' 1 R - F°y ~ 3 "g ~a "~ pn b ~3 p R o yT ~ ~ r o ~ v d N O ~ 1 RE~EnNe. ~ > ~ O nD o ~ fn ~ m c~ Stonga N~ ~, e ~, e C >~ < 8 to 2 G O z - W Hom. D m N ~^' ~ 4. Eeucstlon b rVl m° ® B ~ a V' s D ~ ~ R -- a ° < ~ ~ z ~ cn ~ I cn c c a ~ ml - ~ ~o~ o o ~~ °m ~m °~ ~ ~ o~~ dl ° ~ ~ ~'~ ~ ~ R ~~ g~ ~; ~ 0 3_ S~~a gl3 o ~ i (A H ~~ o ~d m o y to z ,~'~ CdA - m ~ $ ~ FI ~ $ m I ~^ - 8 "s - F ~ ~ ~ 1 ~a R~ m 1 F Eounwllny 1 ~0 P°~^ > > s s s ~ 1 s c s c ~\ 1 ~ - - - - - it 1 b 1 I I -- - I: ~m I -_ =v I m D ~~ r a m = 0 1. w ~ ~ 3 rn \ o II o _ ` ~ O ` ~ _ Orange County Head Start, Inc. ~ ~ 4 ~ „ ,~ $' ~ p ~ "" ""' DalhiCommunltyCenterRemodel Phase II s ~ ~' e} fT' {~~~ N ~.~ N 505 E. Cenirel Ave. Santa Aia CA 92]0] a ~ g .u ~ d ^ i PLANTING PLAN g g g ~ ~ ~ ~~~ r '," ~ ~ ~ ~ i; m REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: SECOND RENEWAL OPTION TO LICENSE AGREEMENT WITH A WHITE AND YELLOW CAB COMPANY AT THE SANTA ANA REGIONAL TRANSPORATION CENTER ,~~ i / ~. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached second exercise of option amendment to the license agreement with A White and Yellow Cab Company in the amount of $5, 877 for a one- year term for taxi service at The Santa Ana Regional Transportation Center, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Regional Transportation Center is a regional hub, combining Amtrak, MetroLink, Orange County Transit Authority, other bus services and taxi services. Since 1986, the City has contracted with a single company to provide taxi services as a convenience for the patrons. On October 3, 2005, the City Council approved a License Agreement with A White and Yellow Cab Company for a two-year period beginning December 19, 2005, and ending on December 18, 2007, with three 12-month renewal options. A White and Yellow Cab Company has requested to enter into its second year renewal option beginning December 19, 2008, and ending on December 18, 2009. A White and Yellow Cab Company has provided taxi services in a very professional and competent manner. Staff recommends that the City exercise the second renewal option to ensure consistent services to the Santa Ana Regional Transportation Center patrons. 25S-1 Second Renewal Agreement with Cab Company at Transportation December 1, 20 Page 2 FISCAL IMPACT Option to License A White and Yellow the Santa Ana Regional Center 88 The one-year renewal option will provide revenue to the Santa Ana Regional Transportation Center in the amount of $5,877 per month for total revenue of $70,524 per year in the Concession-Taxi Stand Revenue Account (no. 67-01-5614). APPROVED AS TO FUNDS AND ACCOUNTS: c Cynthi Nels n Deputy City Manager for Development Services Community Development Agency SGH/GL/mlr 120108 TaxiCab2ndRenewOpt `~c S~~CC~~ ~~Cb~~~ ray. e~ ~ Francisco Gutierrez ~~„f Executive Director Finance & Management Services Agency 25S-2 SECOND EXERCISE OF OPTION FOR TAXI LICENSE AGREEMENT THIS SECOND EXERCISE OF OPTION, made and entered into this _ day of December, 2008, by and between A White and Yellow Cab Company (hereinafter "Licensee") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), collectively referred to herein as "the Parties". RECITALS A. The Parties entered into that certain agreement entitled "Site License Agreement between the City of Santa Ana and A White and Yellow Cab Company" dated December 19, 2005, hereinafter referred to as "said Agreement", to license commercial space at The Santa Ana Regional Transportation Center to A White and Yellow Cab Company to be used to accommodate a taxi cab company to provide transportation to travelers, visitors and employees at The Santa Ana Regional Transportation Center. B. The parties hereto now desire to exercise the second one-year option of said Agreement to extend the "Term" (section 1.02) and to increase the "Compensation" term (section 1.03) of said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. The "Term" section of said Agreement is hereby extended through December 18, 2009. 2. The "Compensation" section of said Agreement is hereby amended for the second option period and increased to the monthly amount of $5,877.00. 3. Except as hereinabove modified, the terms and conditions of said Agreement, including the attached Rider, remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Exercise of Option of Taxi Cab License Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Lisa Storck, Assistant City Attorney RECOMMENDED FOR APPROVAL: Cynthia J. Nelson, Deputy City Manager for Development Services David N. Ream City Manager A White and Yellow Cab Company By: Name: Title/Tax ID: 25S-3 25S-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: FIR5T AMENDMENT TO AGREEMENT FOR SECURITY GUARD SERVICES ~r, ~`- CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached first amendment to the agreement with Securitas Security Services USA, Inc. for a term of one year, in the annual amount not to exceed $ 415,410, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On November 20, 2006, City Council awarded Securitas Security Services USA, Inc. the contract to provide security guard services at various locations throughout the City, including The Santa Ana Regional Transportation Center, The Santa Ana Zoo at Prentice Park and the Corporate Yard. They have provided service to protect property, provide a safe and orderly environment within City buildings and adjacent areas, as well as assisting the public when conducting business with the City. Due to the increase in state mandated training costs and the higher cost of risk, staff recommends the approval of an increase of $2,410 (a 0.580 increase) for the first one-year amendment with Securitas Security Services USA, Inc. for the annual amounts stated below: The Santa Ana Regional Transportation Center $ 234,034 Santa Ana Zoo at Prentiss Park $ 13,996 Corporate Yard $ 107,380 Homeland Security Alerts $ 30,000 Contingency security coverage $ 30,000 Total Annual expenditure: $ 415,410 The amendment term will be from December 1, 2008, through November 30, 2009. 25T-1 First Amendment Award for Security Services December 1, 2008 Page 2 FISCAL IMPACT Funds are available in the various department's Other Contractual Services accounts (object code 6291). APPROVED AS TO FUNDS AND ACCOUNTS: Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency Francisco Gutierrez Executive Director Finance & Management Services Agency ~, ~ ~~ Gerardo Mouet Executive Direc or Parks, Recreati n & Community Services Agency 120108 FirstamendmentSecuritas 2008-09 25T-2 FIRST AMENDMENT TO AGREEMENT TO EXERCISE FIRST ONE YEAR OPTION THIS FIRST AMENDMENT TO AGREEMENT is entered into on December 1, 2008, by and between Securitas Security Services USA, Inc., a Delaware corporation ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The City entered into Contractor Agreement # 2006-310, dated November 20, 2006, with Contractor by which Contractor has provided security guard services at the Santa Ana Regional Transportation Center, the Santa Ana Zoo at Prentice Park and the Corporate Yard (hereinafter "said Agreement"). B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Agreement to exercise the first one-year option to extend the term with increased Compensation. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement and all Amendments thereof, except those amended in this Amendment to Contractor Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to delete the reference to Exhibit B to said Agreement and include a new rate schedule, attached hereto as Exhibit B-1. Said section shall read, in full, as follows: "City agrees to pay and Contractor agrees to accept, as total payment for its services, the rates and charges set forth in Exhibit B, attached hereto. The total amount to be expended to provide security services for the Santa Ana Regional Transportation Center, the Corporate Yard, Santa Ana Zoo at Prentice Park and to provide security services during Homeland Security Alerts plus a contingency, shall not exceed $415,410.00." 2. Section 3, TERM, shall be amended to extend the term from December 1, 2008 through November 30, 2009." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. // // 25T-3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Exercise First One Year Option on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Lisa E. Storck Assistant City Attorney CONTRACTOR SECURITAS USA, INC. Richard Kahn Area Vice President Tax ID # 71-0912217 25T-4 REQUEST FOR ,. COUNCIL ACTION '° `'- CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: RESOLUTION DECLARING THE NOVEMBER $, 2008 GENERAL MUNICIPAL ELECTION RESULTS FOR THE ELECTION OF CERTAIN OFFICERS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1$` Reading ^ Ordinance on 2"d Reading ^ implementing Resolution ^ Set Public Hearing For„_ CONTINUED TO FILE NUMBER Adopt a resolution declaring the results of the General Municipal Election held in the City on November 4, 2008. DISCUSSION On December 1, 2008 the Orange County Registrar of Voters certified the results of the canvass of the Santa Ana General Election returns. Pursuant to State Elections Code 10263 and 10264, the City Council must adopt a resolution reciting the fact of the election and the .results of: (a) the whole number of votes cast in the city, (b) the names of the candidates voted for, and the offices voted for (c) the number of votes by precinct, and (d) the number of votes for each candidate. The accompanying resolution and Exhibit A identify the results of the balloting. By adopting the resolution, the City Council declares elected the following individuals: Miguel A. Pulido, Mayor; Vincent Sarmiento, Councilmember, Ward 1; Carlos Bustamante, Councilmember, Ward 3; and, Claudia Alvarez, Councilmember, Ward 5. FISCAL IMPACT There is no fiscal impact associated with this action. 55A-1 RESOLUTION NO. 2008-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2008. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Pursuant to the Charter of the City of Santa Ana, a general municipal election was held in the City of Santa Ana on November 4, 2008, to fill the office of Mayor and offices of members of the City Council nominated from Wards 1, 3, and 5 of the City. B. That the results of the said election, including the whole number of votes cast in the City, the names of the persons voted for, for what office each person was voted for, and the number of votes given in the City to each person, are set forth in that certain document attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth. C. That, based upon said results, Miguel A. Pulido is declared elected to the office of Mayor of the City of Santa Ana for a two year term. D. That, based upon said results, the following persons are declared elected to the following respective offices, each for a four year term: 1. Vincent Sarmiento, member of the City Council of the City of Santa Ana from Ward 1. 2. Carlos Bustamante, member of the City Council of the City of Santa Ana from Ward 3. 3. Claudia Alvarez, member of the City Council of the City of Santa Ana from Ward 5 Section 2. 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. 55A-2 ADOPTED this day of , 2008. 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 ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Resolution No. 2008-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A-3 Exhibit A to Resolution 2008- Elections Results Certification Exhibit to Follow 55A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: PUBLIC HEARING - RESOLUTION ESTABLISHING THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT G ~ ~. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a Resolution establishing a Downtown Santa Ana Community Management District and the levy of an assessment in accordance with the provisions of Article XX, Chapter 13 of the Santa Ana Municipal Code (the ~~CMD Ordinance"). DISCUSSION Early in 2006, at the request of stakeholders in Downtown Santa Ana, the Community Development Agency (CDA) initiated a study to investigate the feasibility of establishing a Property and Business Improvement District (PBID) to replace the Business Improvement District (BID) which had been in place since 1984. The study indicated that a PBID could generate significantly greater revenue for Downtown programming than the BID. The PBID formation process began in earnest in mid-2007. A formation steering committee worked with staff and an engineering consultant to develop a District Management Plan. The Management Plan anticipates annual assessment revenue of approximately $900,000. The principal work elements in the Plan are supplemental maintenance, Downtown Ambassadors, marketing and promotions, image enhancement, and economic enhancement. The City adopted the CMD Ordinance to authorize the establishment of a Community Management District (CMD), a district analogous to a PBID, but authorized under Santa Ana's charter powers rather than state statute. In August 2008, Downtown stakeholders filed Articles of Incorporation with the California Secretary of State forming a private nonprofit corporation called Downtown Incorporated. As permitted by the CMD Ordinance, it is intended that Downtown Incorporated will serve as the 75A-1 Public Hearing - Resolution for Management District December 1, 2008 Page 2 property owners association under contract to the City to operate and manage the activities of the CMD. On October 6, 2008, having received the required petitions requesting the initiation of the formation process, the City Council adopted Resolution 2008-068, scheduling a public hearing for December 1, 2008, and ordering the preparation and distribution of ballots in accordance with the provisions of Article XIIID of the California Constitution and Sections 54750 through 53756 of the California Government Code. Ballot packets were mailed on Thursday, October 16. Ballots must be received by the close of the public hearing to be counted. Two public information workshops were held in the Downtown on Tuesday, October 28. Since the commencement of these proceedings, a number of owners from the Town Square Condominium project have raised concerns about the specific benefits they would receive should the District be established. The CMD Formation Committee met recently to review these concerns and came to the following conclusion. While it is known that residential enclaves lying at the edges of urban commercial areas do, in fact, benefit from programs and activities provided to them via improvement districts, the Committee found it more prudent to focus its attention and funds on the core of the commercial downtown. The District engineer advises that there is no specific benefit to these outlying properties so long as the focus of the work programs is only on properties that are assessed. The proposed boundary amendment will not affect the benefit/assessment relationship that has been defined in the Management Plan. The Formation Committee is, therefore, requesting that the City Council amend the boundaries of the proposed District prior to the tabulation of the ballots. The Council, pursuant to a previously adopted Ordinance, may exclude territory from the District prior to adoption of the final resolution. These properties will result in a slight decrease in revenues which will not have an impact on the overall activities outlined in the Management Plan. At the close of the public hearing, the ballots will be opened and tabulated, and the results reported to the City Council. If there is a weighted majority of ballots cast in support of establishing the CMD, the City Council may adopt the Resolution establishing the CMD and levying an assessment. If a weighted majority of ballots cast oppose establishing a CMD, no further action can be taken. 75A-2 Public Hearing - Resolution for Management District December 1, 2008 Page 3 FISCAL IMPACT If the CMD is adopted, the City will be assessed $22,304 and the Community Redevelopment Agency will be assessed $95,912. Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency CJN/TE/mlr 120108 P.H. Reso CMD Establishment (2) 75A-3 JWF (11/24/08) RESOLUTION NO. 2008-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT AND LEVYING ASSESSMENTS WITHIN SUCH DISTRICT PURSUANT TO ARTICLE XX, CHAPTER 13 OF THE SANTA ANA MUNICIPAL 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. Pursuant to Chapter 13, Article XX of the Santa Ana Municipal Code (the "Law"), on October 6, 2008 the City Council adopted Resolution No. 2008- 068 (the "Resolution of Intent"), stating the intention of the City Council to establish the Downtown Santa Ana Community Management District (the "Downtown CMD") and to levy and collect assessments within such district and setting a time and place for a hearing on protests to such creation; and, B. The Resolution of Intent approved the Management District Plan entitled the "Downtown Santa Ana Community Management District Plan" (the "Management District Plan") containing all of the information to establish the District required by Section 13-204 of the Law, including a description of the boundaries of the district, the improvements and activities proposed for the district, and the cost of such improvements and activities. Included as part of the Management District Plan is an engineers report, prepared by a registered professional engineer, which complies with the requirements of Sections 4(a), (b) and (c) of Article XIIID of the California Constitution. As used herein, Management District Plan shall include the engineer's report. C. The City caused notice of a public hearing concerning the proposed establishment of the Downtown CMD and the proposed levy of assessments within such district to be duly mailed, as required by law, to the record owner of each parcel proposed to be assessed within the District; D. After adoption of the Resolution of Intent and issuance of notice for the public hearing, the Downtown CMD Formation Committee recommended that the boundaries of the Downtown District be amended to delete that portion of the proposed district generally bounded by Flower Street on the Resolution No. 2008-XXX 75A-4 Page 1 of 7 west, 3rd Street on the north, Birch Street on the east and 1st Street on the south (the "Excluded Territory"). The boundaries of the Excluded Territory are set forth in Exhibit A to this Resolution. All of the properties in the Excluded Territory are used exclusively for residential purposes (with the exception of City-owned Birch Park). A number of residential property owners within the Excluded Territory raised concerns about the specific benefits they would receive should the District be established. While the engineer's report contained in the Management District Plan establishes that the Excluded Territory would benefit from the proposed programs and activities within the district, the Committee found it more prudent to focus its attention and funds on the core of the commercial downtown. The District engineer has opined that so long as the Management District Plan is modified to limit any programs under the Plan only to properties that are assessed, there is no specific benefit to the Excluded Territories. E. A public hearing concerning the establishment of the Downtown CMD and the proposed levy of assessments within such district was held on December 1, 2008 at the hour of 6:00 pm in the City Council Chambers at 22 Civic Center Plaza, Santa Ana, California. F. At the public hearing, City Staff presented to the City Council the Management District Plan as described in the Resolution of Intent along with the proposal for the Excluded Territory. G. At the public hearing, the testimony of all interested persons for or against the establishment of the District, the levy of assessments within such District, and the type or types of improvements and activities to be funded with the revenues from the assessments was heard and considered, and a full, fair and complete hearing was held. H. Article XIIID of the California Constitution and Sections 54750 through 53756 of the California Government Code impose certain procedural and substantive requirements relating to the levy of new or increased assessments, including mailing of a notice to each affected property owner regarding the proposed assessment, conducting a ballot procedure, and holding a public hearing. Section 2. The Council, pursuant to the Law, may exclude territory from the District prior to adoption of the final resolution. The City Council hereby approves the recommended exclusion of the Excluded Territories for the Downtown CMD. The Management District Plan shall be amended as necessary to eliminate any programs, services or activities of benefit to the Excluded Territory. Hereafter, all references to the Management District Plan, shall be to the plan as amended. Resolution No. 2008-XXX 75A-5 Page 2 of 7 Section 3. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: (a) That the canvas of votes cast by the property owners is completed and has been certified by the Clerk of the Council, and the votes cast were as set forth in Exhibit B to this Resolution, attached hereto and made a part hereof by this reference. (b) As determined by the ballots cast as weighted according to the amount of assessment owed by each parcel, a majority of the property owners voted in favor of the proposed assessment. No ballots were considered from property owners within the Excluded Territory. Section 4. The City Council heard and considered all objections or protests to the proposed assessments and tabulated the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments. The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIIID of the California Constitution and Section 53753 of the California Government Code. All objections or protests, both written and oral, are hereby duly overruled. Section 5. Pursuant to the Act, the Downtown Santa Ana Community Management District (the "Downtown CMD") is hereby established. The City Council hereby finds that the properties within the Downtown CMD will be benefited by the improvements and activities funded by the assessment to be levied. Section 6. Levy of the Assessment. (a) Except where funds are otherwise available, an assessment will be levied annually to pay for all the improvements and activities to be provided within the Downtown CMD, commencing with fiscal year 2008-09 and ending with fiscal year 2012-13. For purposes of levying and collecting assessments within the Downtown CMD, a fiscal year shall commence on each July 1st and end on the following June 30th. (b) The total amount of the proposed assessment to be levied and collected for fiscal year 2008-09 shall be approximately $920,000, based on the maximum assessment rates described in the Management District Plan. Said assessment and rates shall continue for each of the succeeding four fiscal years and may increase by the maximum rate set forth in the Management District Plan. Increases in building area due to new construction may also cause an increase in the total assessment for a parcel in any given year. (c) The method and basis of levying the assessment shall be as set forth in the Management District Plan. Section 7. There is created a special fund designated as the "Downtown Santa Ana Community Management District Fund" into which all revenue derived from assessments levied pursuant to this Resolution shall be placed, and such funds shall be Resolution No. 2008-XXX 75A*6 Page 3 of 7 used only for the purposes specified in this Resolution. This fund shall be subject to an annual independent audit of financial statements. Section 8. The proposed activities for the Downtown CMD include beautification and physical enhancement, image enhancement, supplemental maintenance, supplemental public security, and economic enhancement, all as more fully set forth in the Management District Plan. The above improvements and activities will be funded by the levy of the assessments. The revenue from the levy of the assessments within the Downtown CMD shall not be used to provide improvements or activities outside the Downtown CMD or for any purpose other than the purposes specified in the Resolution of Intent. Section 9. The City may contract with a nonprofit entity comprised of property and business owners within the Downtown CMD to administer any of the activities described in Section 8, above. Such anon-profit entity shall hold funds in trust for purposes related to the contract and may be required to, at no expense to the City, provide an annual independent report of audited financial statements by a certified public accountant of these funds. The report may be funded from assessment proceeds as part of the general administration of the Downtown CMD. At all times the City shall reserve full rights of accounting of this fund. Furthermore, such a nonprofit entity shall be charged, at minimum, with advising the City on the implementation of CMD funded activities and improvements. Section 10. Properties within the Downtown CMD established by this Resolution shall be subject to any amendments to the Law. Section 11. The City Clerk or a designee is hereby authorized and directed to record a notice and an assessment diagram pursuant to the Law following adoption of this Resolution. The assessment diagram shall reflect all the boundaries of the Downtown CMD as described in the Management District Plan, with the exception of the Excluded Territory. Section 12. The adoption of this Resolution and recordation of the notice and assessment diagram pursuant to the Law constitutes the levy of an assessment in each of the fiscal years referred to in the Management District Plan. Each year, the County Auditor of the County of Orange shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessment shall then be collected at the same time and in the same manner as the County taxes are collected. Notwithstanding the foregoing, the City shall directly bill for those assessments levied for fiscal year 2008-2009. Section 13. To ensure that assessment revenues from the Downtown CMD are used to enhance the current level of services provided by the City within the Downtown CMD, the City Council hereby adopts the baseline levels of service as currently provided throughout the Downtown CMD; provided, however, that in the event of a Resolution No. 2008-XXX 75A-7 Page 4 of 7 significant downturn in City revenues, the City Council may reduce the level of City public services, including within the Downtown CMD. Section 14. 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 1St day of December, 2008. 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. 2008-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A-8 Resolution No. 2008-XXX Page 5 of 7 Exhibit A to Resolution No. 2008- Excluded Territory Beginning at a point where the westerly right-of-way line of Flower Street intersects with the southerly right-of-way line of Third Street, thence southerly along the westerly right-of- wayline of Flower Street to a point where it intersects with the southerly right-of-way line of First Street, thence easterly along the southerly right-of-way line of First Street to a point where it intersects with an extension of the westerly property line of Parcel Number 398- 592-01, thence northerly along the westerly property line of said Parcel Number 398-592- 01 to the point where it intersects with the southerly property line of Parcel Number 398- 592-09, thence westerly along the southerly property line of said Parcel Number 398-592- 09 to point of termination, thence northerly along the westerly property line of said Parcel Number 398-592-09 to a point where it intersects with the southerly right-of-way line of Third Street, thence westerly along the southerly right-of-way line of Third Street to point of beginning. Resolution No. 2008-XXX 75A_g Page 6 of 7 Exhibit B to Resolution No. 2008- Clerk of the Council Ballot Certification EXHIBIT TO FOLLOW Resolution No. 2008-XXX 75A-1 ~ Page 7 of 7