Loading...
HomeMy WebLinkAbout FULL PACKET_2010-05-03MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA APRIL 19, 2010 CLOSED SESSION MEETING CALLED TO ORDER CONFERENCE ROOM SOUTHWEST SENIOR CENTER 2201 W. MCFADDEN AVENUE SANTA ANA, CA 5:15 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor (5:16 P.M.) CLAUDIA ALVAREZ, Mayor Pro Tern (5:20 P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None CLOSED SESSION ITEMS 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Ross Seehr vs. City of Santa Ana, Case No.: ADJ276838 Richard Serrato vs. City of Santa Ana, Case Nos.: 1) ADJ6520099, 2) ADJ6520248 Rosas vs. City of Santa Ana, OCSC Case No. 30- 2009 - 00325274 CITY COUNCIL MINUTES 1 0A -1 1 APRIL 19, 2010 1B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Employee Organizations ADJOURNED CITY COUNCIL MINUTES Personnel Services Executive Director, Kathie Gonzalez Santa Ana Service Employees International Union (SEIU) Santa Ana Management Association Santa Ana Firemen's Benevolent Association Santa Ana Police Officer's Association Santa Ana Police Management Association Santa Ana Fire Management Association Confidential Association of Santa Ana 6:04 P.M. G r�7. APRIL 19, 2010 REGULAR CITY COUNCIL MEETING CALLED TO ORDER SOUTHWEST SENIOR CENTER 2201 W. MCFADDEN AVENUE SANTA ANA, CA 6:09 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES (6:13 P.M.) CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (6:10 P.M.) STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO CLOSED SESSION REPORT — City Attorney Fletcher provided a report. Refer to Consent Calendar Item 19A. PUBLIC COMMENTS • Beatrice Calderon of New Horizons Neighborhood Association expressed concerns with private car sales along McFadden Avenue and business at 2424 McFadden; • Rosa Maria Pizano commented on illegal sales and raised pavement in the immediate area of the Southwest Senior Center, park and elementary school; • George Garcia commented on agenda items 23A and 25B and concerned with condition of the surrounding area; • Will B. King commented on different issues of personal concern; • Rick Niedermayer commented agenda item 23A; and rental costs of public facilities for non - profit organization; • Jose Rea of Madison Park Association thanked the Mayor and Council for completing the Streets Rehabilitation Program ahead of schedule, commented on necessity of green space and invited all to a Community Forum on May 8 at St. Anne's Catholic Church; • Carlos Benitez presented Mayor Pulido and Councilmembers Sarmiento and Martinez with a plaque for their contributions to the Federacion Internacional de Clubes Guerrerenses; and CITY COUNCIL MINUTES 3 i NMI APRIL 19, 2010 • Medardo Rivas representing Pentecostal Church of God requested assistance in locating new facility for their growing church; Councilmember Martinez to assist with this endeavor. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 25B. MOTION: Alvarez VOTE: MINUTES AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) None (0) None (0) None (0) ADMINISTRATIVE MATTERS MINUTES OF THE REGULAR MEETING OF APRIL 5, 2010 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT — OCTOBER 2009 THROUGH MARCH 2010 — Clerk of the Council Office MOTION: Receive and file Boards and Commissions Biannual Attendance Report. 13B APPOINTMENT — PERSONNEL BOARD - Clerk of the Council Office MOTION: Appoint Maria - Isabel Rivera (Ward 1 resident) to the Personnel Board nominated by Councilmember Sarmiento as the \i11 T %►VUNUJL MIND I t5 4 1 0A -4 APRIL 19, 2010 Ward 1 representative for a term expiring December 11, 2012. (replacing M. Macres) 13C APPOINTMENT — PERSONNEL BOARD - Clerk of the Council Office MOTION: Appoint Eugen C. Andres to the Personnel Board nominated by Mayor Pulido as the Mayoral representative for a term expiring December 14, 2010. (replacing L. Means) 13D APPOINTMENT — HISTORIC RESOURCES COMMISSION - Clerk of the Council Office MOTION: Appoint Alfonso Bustamante (Ward 2 resident) to the Historic Resources Commission nominated by Councilmember Martinez as the Ward 2 representative for a term expiring December 14, 2010. (replacing J. Dickman) 13E APPOINTMENT - NEWPORT BAY WATERSHED EXECUTIVE COMMITTEE — City Manager's Office MOTION: Appoint Mayor Pro Tern Claudia Alvarez to the Newport Bay Watershed Executive Committee for a term expiring December 1, 2012. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — City Attorney's Office MOTION: Approve settlements as follow: • Ross Seehr vs. City of Santa Ana, Case No.: ADJ276838, Compromise and Release in the amount of $75,000 • Richard Serrato vs. City of Santa Ana, Case Nos.: 1) ADJ6520099, 2) ADJ6520248, Compromise and Release in the amount of $85,000 19B EXCUSED ABSENCES — None. CITY COUNCIL MINUTES 5 APRIL 19, 2010 1 0A -5 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT FOR AMERICAN RECOVERY AND REINVESTMENT ACT RAPID RESPONSE FUNDS - Community Development Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2010 -120 — Recognizing $173,920 in American Recovery and Reinvestment Act Rapid Response Additional Assistance funds awarded to the City of Santa Ana WORK Center PROJECTS /CHANGE ORDERS 23A CONTRACT AWARD FOR PLAZA OF THE FOUNTAINS PLANTER RENOVATION AND EXPANSION JOINT REPAIR (PROJECT NOS. 099109 & 099107) - Public Works Agency MOTION: Award a contract to Park West Landscape, Inc., the lowest responsible bidder, in accordance with the base bid in the estimated amount of $532,588.46 for construction of Plaza of the Fountains Planter Renovation and Expansion Joint Repair. 2. Approve a Funding Analysis with a total estimated construction cost of $665,700 which includes construction, contract administration, inspection, testing, and contingency costs. AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney. (Item 25A and 25B) 25A AGMT NO. 2010 -068 - FINANCIAL SYSTEM MAINTENANCE SUPPORT AND SERVICE - With Lawson Software Americas, Inc. in an annual amount not to exceed $190,000 with provision for two, one -year renewals with mutually agreed upon increases - Finance & Management Services CITY COUNCIL MINUTES 6 APRIL 19, 2010 1 0A -6 25B AGMT NO. 2010 -069 - COOPERATIVE AGREEMENT FOR THE NEWPORT BAY WATERSHED MANAGEMENT AREA - With the County of Orange - Public Works Agency * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR RESOLUTIONS 55A FISCAL YEAR HOMELAND SECURITY GRANT PROGRAMS - METROPOLITAN MEDICAL RESPONSE SYSTEM 2009 - Fire Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2010 -014 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE FIRE CHIEF TO SUBMIT A GRANT APPLICATION TO THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR THE FY2009 METROPOLITAN MEDICAL RESPONSE SYSTEM GRANT PROGRAM 2. Authorize the City Manager and the Clerk of the Council to execute a sub - grantee agreement subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2010 -070 — With Orange County in the amount of $316,403 for the 2009 Homeland Security Grant Programs, Metropolitan Medical Response System grant. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2010 -121 — Recognizing the 2009 Homeland Security Grant Programs, Metropolitan Medical Response System grant funds and appropriate the same into the 2009 Metropolitan Medical Response System grant expenditure account. MOTION: Alvarez VOTE: AYES: SECOND: Martinez Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) CITY COUNCIL MINUTES 7 APRIL 19, 2010 1 0A -7 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B AUTHORIZING THE SUBMITTAL OF PROPOSITION 84 URBAN GREENING FOR SUSTAINABLE COMMUNITIES GRANT APPLICATION FOR BIRCH PARK IMPROVEMENTS - Parks, Recreation & Community Services Agency MOTION: 1. Adopt a resolution. RESOLUTION NO. 2010 -015 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE URBAN GREENING GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) 2. Receive and file Categorical Exemption for Environmental Review No. 2010 -62 (Birch Park). MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COMMENTS 90A CITY MANAGER'S COMMENTS — None. CITY COUNCIL MINUTES g APRIL 19, 2010 illyx;� 90B CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Joint meeting with the Santa Ana Unified School District discussed various issues including the six low performing schools in jeopardy of closing down; urged public to contact schools. Councilmember Benavides: • Appreciated the Council Meeting held in facility within Ward 4, highlighted efforts made to improve the area and invited all to tour the newly renovated Jerome Center. Mayor Pro Tern Alvarez: • Commented on recent decision by Board of Recreation and Parks to study feasibility of a dog park; supports concept; • Reported on recent press conference highlighting Street Rehabilitation Program completed under - budget and two years ahead of the schedule; • Congratulated the following Santa Ana Unified School District schools on receiving the prestigious 2010 California Distinguished Schools Award: Carl Harvey Elementary; Dr. Martin Luther King Jr. Elementary; El Sol Santa Ana Science and Arts Academy; Jim Thorpe Fundamental; Madison Elementary; and Martin R. Heninger Elementary. WORK STUDY SESSION WSA JEROME CENTER TOUR, (726 S, CENTER STREET, SANTA ANA) - Parks, Recreation & Community Services Agency Gerardo Mouet, Executive Director of Parks and Recreation, announced a tour of the newly refurbished Jerome Center would take place and invited the Council and members of the public to participate. ADJOURNMENT - at 7:38 p.m. to the next meeting of the City Council is scheduled for Monday, May 3, 2010 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES APRIL 19, 2010 �i[�1_d_[�� CALLED TO ORDER MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA APRIL 26, 2010 SPECIAL CLOSED SESSION MEETING CITY HALL 20 CIVIC CENTER SANTA ANA, CA 6:35 P.M. PLAZA, 8T" FLOOR ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (6:42 P.M.) ABSENT: STAFF Present: CYNTHIA J. NELSON, Deputy City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None CLOSED SESSION CALENDAR 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Service Employees International Union (SEIU) Santa Ana Management Association Santa Ana Firemen's Benevolent Association Santa Ana Police Officer's Association Santa Ana Police Management Association Santa Ana Fire Management Association Confidential Association of Santa Ana SPECIAL MEETING MINUTES 1 APRIL 26, 2010 1 0B -1 ADJOURNED 7:15 P.M. Maria D. Huizar, Clerk of the Council SPECIAL MEETING MINUTES APRIL 26, 2010 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 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 19C -2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: April 20, 2010 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 -3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2010 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence May 1, 2008 and prior Correspondence/ May 1, 2008 Chronological Files Councilmember Self- explanatory and prior Council Requests Mayor Inquiries processed for Mayor May 1, 2008 and prior Wards 1 through 6 Inquiries processed for Councilmembers May 1. 2008 and prior Correspondence General Correspondence Self- explanatory May 17 2008 and prior Staff Inquiries processed for Staff May 17 2008 and prior Monthly Status City Manager Self- explanatory May 1, 2008 Reports and prior Payroll Records Council /Staff Self- explanatory May 1. 2008 and prior May 1, 2008 Travel Folders Council /Staff Self- explanatory and prior APPROVE: David N. Ream Dat6 City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds 19C -4 CONSENT: 2 (j r) I o Joseph W. Fletcher Date City Attorney AUDITED BY: Mark Lawrence Date Assistant to the City Manager -.W At MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Sharon Hennegen Date: ,k r•(1 19 , 2 (Y.1 (i Re: REQUEST FOR DESTRUCTION OF RECORDS <.. The Clerk of the Council 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 -5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE AND MANAGEMENT SERVICES (April 2010) RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES Mar 2007 ACCOUNTS Cash Requirement Lists paid invoices by vendor. and prior PAYABLE (AP 50) Mar 2008 Direct Payment Voucher Generates payment to City vendor /creditor used in lieu of and prior P.O. when item & vendor known. Petty Cash Receipts Reimbursements for authorized expenses under $75.00 Mar 2008 and prior Mar 2008 Purchase Requisition Agency requests to FMSA to locate best vendor for and prior identified goods /items Travel Request and Expense Report Self- explanatory and prior Material Release Forms Order for item directly from City approved vendor list Mzuub and prior Purchase Orders Authorize purchase of goods or services and prior PREPARED BY: ministrative Services Manager rchasing Division RECORDS DESTROYED: Number of Boxes 19C -6 CONSENT BY: Date APPROVED BY: Joseph Fletcher Dale- City Attorney MEMORANDUM To: Joseph Straka, Assistant City Attorney City Attorney's Office From: Michael Ernandes, Personnel Operations Manager Personnel Services Department, M24 Date: April 21, 2010 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy city records on the attached list, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. 19C -7 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES EMPLOYMENT Full- /Part -Time U.S. Dept. of Justice Immigration and Hired April 1, 2007 ELIGIBILITY Employees Naturalization forms completed and signed and prior, or VERIFICATION by EE and reviewed and verified (with terminated April 1, (FORMS 1 -9) necessary documentation) by employer 2009 and prior, representative. whichever is later." *Will be purged ._ l . a7 Stma for Datq Michael S. (E ndes, 1� Personnel Operations Manager RECORDS DESTROYED: Number of Boxes 19C -8 CONSENT BY: Kathie G nzalez Date Executive Director Personnel Services Department APPROVED BY: �' seph Fletcher Date J City Attorney MEMORANDUM To: Joseph Straka, Assistant City Attorney City Attorney's Office From: Michael Ernandes, Personnel Operations Manager Personnel Services Department, M24 Date: April 8, 2010 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy city records on the attached list, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. 19C -9 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION _ DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment EE Separated April FORMS forms ** 2005 and prior (OFFICIAL) Flexible Enrollment forms for flexible spending EE Separated April Spending, program ** 2005 and prior Section 125 Life Insurance Employee life insurance enrollment forms ** EE Separated April 2005 and prior Long -Term Employee Long -Term Disability Insurance EE Separated April Disability enrollment forms ** 2005 and prior Insurance Medical Employee medical insurance enrollment EE Separated April Insurance forms ** 2005 and prior EQUAL Employment and Personnel and employment records, EE Separated April EMPLOYMENT personnel including application forms*, records 2005 and prior OPPORTUNITY records pertaining to promotions *, layoffs *, COMMISSION terminations *, salaries* and training* (EEOC) Involuntary Personnel records of terminated employee ** EE Separated April termination 2005 and prior OFFICIAL Certification/ Request for Certification and /or EE Separated April PERSONNEL Reassignment reassignment forms which document and 2005 and prior FILES Forms authorize hiring, reassignment, or other employee actions.* Certificates of Certificates issued to EE which show EE Separated April Training completion date of training class(es)* 2005 and prior Commendation Letters of commendation and /or other EE Separated April Letters congratulatory documents received by and /or 2005 and prior issued to EE.* Disciplinary Memorandums, letters, or other records of EE Separated April Actions proposed and /or implemented disciplinary 2005 and prior action(s).* Doctor's Notes/ Notes /medical release forms, etc., submitted EE Separated April Medical regarding employee's medical condition. ** 2005 and prior Releases Drug Screen Pre - placement and drug screening EE Separated April Test authorization and acknowledgement form(s) 2005 and prior and results of drug screening.** 19C -10 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class EE Separated April PERSONNEL Medical Leave title, pay rate, hours waked per pay period; 2005 and prior FILES (FML) additions to or deductions from wages). Dates (or hours) FML designated/ taken; FML notices given to employer by employee; documents from employer describing FML policies; records of premium payments of employee benefits; records of any disputed confidential files: records /documents relating to medical certifications. ** Job Application Applications for employment and resumes (if EE Separated April any) for hired employees.* 2005 and prior Medical Leave of Leave of Absence forms used in the EE Separated April Absences ** documentation of medical leave (including 2005 and prior pregnancy leave and Family and Medical Leave). ** Miscellaneous Documents not specifically mentioned but EE Separated April Documents kept in official personnel file. * ** 2005 and prior Notice of Form completed by employee and /or EE Separated April Separation department indicating effective date of 2005 and prior separation, last day on the job, reason for separation, etc. ** Oath of Office Form completed and signed by employee EE Separated April affirming allegiance to the Constitution of the 2005 and prior United States and the Constitution of the State of California.* Outside Form submitted by employee for approval fa EE Separated April Employment employee to be engaged in outside 2005 and prior employment.* Performance Employee performance evaluation forms EE Separated April Evaluations completed by supervisory personnel re 2005 and prior employees' accomplishment of their assigned duties and responsibilities, etc.* PERS Forms to enroll employees in the Public EE Separated April Enrollment Employees' Retirement System (PERS) ** 2005 and prior Pre - Employment Forms completed by employee and medical EE Separated April Medical clinic to assess physical capability of 2005 and prior employee prior to hiring. ** Security Check Form completed by Personnel Svcs to EE Separated April Form request Police Dept to conduct security 2005 and prior check on employee prior to hiring.* Special Licenses Special licenses issued to employees from EE Separated April DMV, accredited schools, etc., verifying 2005 and prior employee meets certain job - related _ requirements.* Tuition Copies of applications for training and EE Separated April Reimbursement educational assistance which show EE 2005 and prior Request request, department head approval, and final disposition of request.* 19C -11 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Union Bank Form signed by employee authorizing leave EE Separated April PERSONNEL Donation Form hours be donated to the Union Business 2005 and prior FILES Leave Bank to be used by union leaders for Union Business." W -4 form Employee's Withholding Allowance EE Separated April Certificate completed by EE authorizing 2005 and prior employer to withhold Federal income tax from employee's pay and /or for indicating exemption." Please see attached spreadsheet, dated April 8, 2010, listing personnel files to be purged /digitally imaged. * Will be purged ** Will be digitally imaged * ** If non - medical records, will be purged; if medical records, will be digitally imaged. PREPARED BY: CONSENT BY: Susan Wathen for Date Michael S. Ernandes, Personnel Operations Manager RECORDS DESTROYED: Number of Boxes 19C -12 athie Gonzalez Date Executive Director Personnel Services Department APPROVED B Joseph Fletcher City Attorney 19C -13 b_L bA bl) b_L OA Of) Op 0f1 OA OA -- OU 04 C c C C J C I O aJ j z z z z z. z z z V y > _ > > > > > > > > t° _ > > ti � � o) � c � c m � � m � :a � w ro c c � ro r• U � � •- •- cd .— '� .-. oq cC oa td c3 on .- on cO tO R on cd OA - on cJ ti oa ° M N oA Rp J d ` v 'rev y a. d C O_ a. n. C M. M d iZ R. d ^1 :n U (n Z :/) J 0.� V; 'X ✓7 C fY V: (� V: R� ;� V) '.L � Gi V] .� L� V: VJ LU CY, C In 11, 11i O In O I/; O In O In O In O -n O �n O Vl O In C V1 O 11 O -n O 11, O 11 O Vl O Vl O 11, O "1 O 11 O 11, O .!, O 11 O In O 11 O 11 O 11 C In O t� N �n o0 00 N In R— G V V cY K K '7 1 M 'IT C) M V � � � V M, V M �l 7 1 M M V <O 1 M 7 f O O O O O C O 0 O O O C O O O O O O O ) O O O O O O O O O O t F- z C. o. a a. a, m. C. a. u a J l U J � U 72 LO U r- til n m In Q 2 2 .c O .� U �? C O ob 0- O y ` G) v F Cl 0-0 01) U > � ti) c 75 u O — U U 'J U ^ U Ri U G U c U O Q 2 O O U U ^ Q V V L ^L U C C O1 C N 1( M G 00 N n CG rrl •— �n rr1 1` M r O CD O M �n D M CD QC 00 M 'cl' 1� 7 N M N 1n O N M OC cJ N N t DD O O C) C O O O O O O O L N G _ M N - cl, 7� m 1 c ca c 19C -13 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES RECRUITMENTS Background Materials used in the preparation/ April 2007 and prior Materials implementation of recruitments.`* _ Bilingual Forms certifying bilingual capabilities fer April 2007 and prior Certification bilingual aPA for employees FeGeiving pay Forms applicants for recruitments which require bilingual capabiliity.* Ethnicity Stubs From employment applications submitted at April 2007 and prior recruitment time, are kept for outreach purposes.* Examination Examination answer sheets completed by April 2007 and prior Answer Sheets applicants during testing process and other testing materials.* Official Eligible Eligible lists signed by City Manager. Lists of April 2007 and prior Lists individuals placed on an eligible list card for hiring purposes (copies only - original signed eligible lists are with recruitment file folder (according to classification title)). ** See attached spreadsheet, dated April 8, 2010, with recruitment files to be purged /digitally imaged. * Will be purged ** Will be digitally imaged PREPARED BY: (V c_( --�- 4 -� -)a Susan Wathen for Date Michael S. Ernandes Personnel Operations Manager RECORDS DESTROYED: Number of Boxes 19C -14 CONSENT BY: Kathie Gonzalez Date Executive Director Personnel Services Department APPROVED BY: Joseph Fletcher Date City Attorney 19C -15 70 Q) _0 - ��r`r`��I-- I- r- tir`tiI- O -� M Cn �% M O \ o \ 0 \ o \ O \ o \ 0 \ 0 \ 0 \ O \ O \ O \ O \ O \ O \ O \ o \ O \ o \ O \ O \ o \ I..L o \ O \ O \ O \ O \ O \ W .- N M r- O M O lq• r- LO N M_ M i- d' LO LO e- �- 0 , M r- r O V O N \ O \ N \ O \ O \ O \ O \ N \ N \ �- \ N \ \ N \ •-- \ Q \ r- \ r- \ O \ O \ N \ N \ •- \ Q N \ N \ N \ N \ T \ O \ N W M N M N N N N M M M N M N �- M �- N V M M M z N N N M N N M_ O O O O O O O O O O O O O� Q O O O O O O O O 0 0 0 0 0 0 D v' z J I- rl- I` CO O CO I- ti 0 I- I� I` I` 0 LO M Cfl M rl- O I` r- � I` I-- M O ti I` O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q) Q) \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ co w LO O M ti LO r, O O O 0 �- 0 0 0 M �- O I-- O N M M N 0 N M N r- I-- O O O N N N O Imo- M O LO M N M O N N N N N N N N O N" N N O r- O 1- O N O O O O�� e 00=000000 O e O r 0 0 0 0 0 — O O O — O 1` O O CO (D I` CO I� O O 1` LO U') N LO 0 I` 0 I-- ti ti t- ti O LO O O O 7 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N Imo- O I-- O M 0 O N d' M M LO M O LO I'- W� CO O M M .- O O M M Q O a N N O co N co O O N r 0 0 r- 0\O O N �- r- �- O -0- r- M O N N N O ti N •- 0 � 0 � 0• r 0= 0 0 � 0 0 0 0 0�O�00000T-00-- O C J U) U) CD U U Q- 0- O C (U (U L C Q Q m O U D S U C CU V) cn (U C N C (n O O O .L- C O) +s L Q) L c G N N N 0 0 0 cU .0 (n (A L Q !Z Q (A y_., , L () cU (U (Q IL m m -� U `� C O O — m C C C U m a) `(u D 'C .(n J cn a) O U Um O O () S E E v, -O L N C - C -- C L U Q Q y -cu 5 O C C C C N Q C- L LL M N Q OO O O N O O U M M M ` H C L O C C C >> CD N N N O C O *- , cu Co J O O M M M 0 0 0 E O O C U_ C O cU L (U L Q �_ C (U , , U) O M O C U U w 0 W yU_. 4- yU_. 4- y0_.. Y- c c C L L c ° cU O O O Q 0 0 0 O °°°•� Q_ - U_ u O = o N (U 0J N U) m m 4- (U U C C C Ui C O C., C C C C _n C A C C (n /� I L O O�� N cm G O U �-. C Cn C C C O C C .- .00 O O O O W O O Q .� J O O� U) O O O (U 0) E E E U U U "' C C U U O V M O E E E E E E E L N L N L C a) C m C a) C a) - (n (n cn (n O U "' C O rn N U N U O U O U• a) o - O U •_ _ C L L Q .. �. ,. a) L= •- •- N Q U C C O O O O o 0 0 0 0 N N N w 0 0 0 0 0 0 c6 O o 0 0 0 U QQmUUUUUUUUU���DDIL22JJOcL a- ma Q -mm . L Q Q o 0 m E O D D f� I` r I-- I~ I` I-- r- I- I` � I` ti O M (D f� 0 O ti m E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000 0 O C C i i i i i i i i O- i i i O i i i i i i CO' i Q I- m Z M � M � � cfl 0 I- O Imo- O M O I,- O � I` O I` � I` a- 0000 CD O O I� tVC) 19C -15 19C -16 a� o O LL, c6 N N (D O O C C C C N O N 0 O co N co w o o 0 0 0 0 0 0 0 in J -O 0 0 0 0 0 0 0 0 0 Q) w O U) lf) Lf) lf) tf) O O (� o N N 00 N 00 N 00 N O N 0 M N 0 m 0 0 0 0 0 0 0 0 r- CD CD CD CD r r- C9 x 0 0 0 0 0 0 0 0 0 N LO r- LO r- LO O LO LO (Y) O N O �- 0 0 r- N .- 00 LO 00 LO N N N 0 0 0 0 0 0 0 0 L 0 L O L (U L (U L O 0) 0)— c c c c G p m cm G cm G cm� G _ o L L O o D U U U O O 'o "o 'o w 'o c� E � Q m a- a- a- a- 0 V/ + r-+ +--� + cID a L i_ 0 C (U N O 0 Co « U . - 0 0 0 a) N N 0 0 O O co _ > > > > co °- U Q Lm c� a� cm oo �oco r- r r oo C? Cti ? o oaoo Fm - m = N , 00 00 CD O 19C -16 MEMORANDUM To: Joseph W. Fletcher Date: City Attorney From: Raul Godinez II Executive Director. PWA April 15, 2010 Subject: DESTRUCTION OF PUBLIC WORKS AGENCY PROJECT FILES FOR 2007 & 2008 The records listed on the attached pages are obsolete according to the City of Santa Ana Retention Schedule adopted in July 2006 by the City. Please review this report and return a signed and dated copy of the attached pages, approving the destruction of these records. Attachment: 2007 & 2008 Project Purge cc: Teri Cable, Administrative and Enterprise Services Manager 19C -17 2007 & 2008 Destruction of PWA Project Files 4 -Iq- ��010 Raul Godinez II Executive Director Public Works Agency DESTRUCTION OF THESE RECORDS APPROVED BY: Date Joseph Fletcher Date City Attorney DESTRUCTION OF THESE RECORDS VERIFIED BY: Teri Cable Date Administrative and Enterprise Services Manager Upon approval 30 "Banker Boxes" will be destroyed. 19C -18 0� 'Z 0� a� ;V "V v O �1 v V v�v v ov � O � N � � O O � o � N 19C -19 L 3 v 0 CL to v ._ v > L fL0 N Y Q) C: 41 _ C o Q) -0 O > " to C+O' Cl) v) E f9 U U .Q Q) c 4A 0 w v Q) O U t.. r.{ N �-•i �--I r•I � -i cu O O O O O O (14 rq N Q) p+1 t �+ V) •` �+ aJ v = v Q) Q, Ln 0 0 -a .§ �+ ,z y 06 y a u o U a a m U u d N w LA vi 4LA y +0+ V) _ Q) to to O C O Q) 41 = Q) Y � �, 41 COO r9 �! f0 U Q) O GO Q vi O Q) Q) y0 O Q) U u m 3 Q U O ,` `- L O on L :� +� v L E o v o c c v o E 1 V) U L. u of L U E- ._ W Q) Z � N Ln Q) L E Z U Q) O Q rn U p n 000 000 QMO d O � � eLn i r�-1 - ��••I -i 19C -19 'w O VW r� —1 In �V rZN S� v O �J v V v •cQ 'IrJ V O� N � O O O � N 19C -20 U � +� u L .2 v > u @j O > c o L N Q U O w txo Y, O m u E 4-, 0 L a) c�0 LtJ :3 i C p O N c L b0 4- — � p C C C C = C 1 O Oa a1 O u >- .� CL ai N p w U Q) � ra E •— U L u u Ul 4- a) f0 4- +% w ia.1 'in (Lo m m fL6 ovC can a .O aJ H C) U L N N N t"1 N N N N N O cu O O O O O O O O C m cn y 0 4L+ N > 1 > Q cli 3 v 3 , a N > 3 L N +. c °'o v >, ° O o L o ++ > m w • ci u. m w U v tA M m Ln LA m m c�i io v = Ca Y L -C W GD E Ca ca �n ro •°_n a0 ';7) �, a) in v v V- � � O N v v 4- a) L C' LA •n (6 L 0 L L f6 (a L (O dA V1 I— of to u v1 Ul 1— F— cn .E H N a! E z a, m oo rn . + 1.0 oo Ln Ln w kD � LD LO Lo 19C -20 • N *-mi O ."n �l rZN ►poi � V O ►V v U v •� *n v O � N � O O � O v 19C -21 a, U c a% N (D —_ C c a f6 a > ENZ E a� Ol F- L O co 0 tiA C cu N a CL o L cn m N U °' p O t E a, c u O m C to to p c 3 Q a) in o •w = U d N U to N i cli @ v u u N c > O N CO ii F- Ln cn N H d cn aJ N O U L i N N N N N e-i - N N m O O O O O O O O O O a O O O O O O O O O O >- N N N N N N N N N N > t! V1 m Ln LA C c v v � 3 v v r o � � o i ¢ o u > > o ° > 3 CA Y i � w O .� ti ti 0� O � O v � U Con �i w �V C ►� ^> v O N � O O � N 19C -22 L C L L E n C C O c N �� W Ln m C 0 L O O u cu C C u U o cu 1 Qj N u u Q D N E v u U u t 11 i N O v� O 4-1 c O O ro cr Ln n` a� 0 rq o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 } v Ln m L � a > a vi V 3 rc c o c v N o > >' L U 'L y 41 Y V) U ,O mL uf° > > O a� v u -O vA + to 4- d Ln 4- O u O C� C CvC C O CvC C .Q > 41 > - > co E a @ v a a O O � cu cn O aC cc z f- n .� z .� Q) z u v m n oo m u� 0 ta, Ln 19C -22 vv O �ti ti "`I O clon �i HIV t/1 V O .�. Q v •ti v O N � O O a' o � N 19C -23 rn c, c c rn -1 O O c o2 a • m v 00 > O m m @ E 4, - s v c w � cu L Qj C) v v ° V� o u L L L cr V) L" 4' V) �i a LL v 0 U L N N } O O O O O O O a 40 m c +' c ° L a) N N V ccO O c� J > (0 > Z O G t U O O � o iri t O �p L ? ci O u m e m f0 ++ L i C vYi O L fd C7 � L l7 u U ++ U 4+ u �+ u Uf (0 m Q ii a N Z L m E E ca co > > aj " v v o O cu ° in 2 Lo > G QJ L L L CQ C CQ C U) Ln .� Ln .� L r ,L^ V J :n ✓i v Z U a Q) o � o d c i r-1 c-i N N N N N 19C -23 con CQ con Q �N O �i ti �V V O V tv v U y L� O DO � N 0 N 19C -24 v c LL v v O a` c O L u aJ a O L i CL _ O H C LA N N V c OC b4 C N c 7 -D i = (B � acu cu c% Q- N cu W N O u L s"I N N e'i N N N e•'1 cu C) O O O O O O O L a) N Y of L bD f0 f0 ii a -0 u O Y Y u m C L 0 O 4- L u a > c L 3 1 O N � c L m 0) 41 o-o a o� O c u o v N o O J OZ{ u V1 Z u G CL _ In In C LL V V F+ O c CU c ai c cu cc aj C E C C E C L u a) a) - v 'D E v +' LO u + C + O a) L O v i t6 v O a) L v o ai cu CL v m @ v coo V) Ln n — a a oc L H L a) Z v a) oo m rn d N N N N N N N N 19C -24 0� 'w O O ti N w ti V O 0� Qo� 0 v •ti v o � O N 0 w o � O � N � 19C -25 ►" Q) Y L N C N a L O O 3 C a) .- o o c cn c o N ° Q o m .L QJ Q) CO L O Q) _r_ L Q) -0 V) nU 3 QQ)) L m UI Q) C ro C 'O QJ O 4r Q) 4= d' Q) C a) J O C "O f0 >- V c L'i L N O f-- v a) N O = L u a, fu a>) �; E 0 N O _0 LJ Ln 0 O Q O Qo2S�o:� O x� a) N O u o 0 a 0 0 0 0 0 } O O o O O O O L 0 Y t "6 'L3 f0 f0 3 O O O d O L O L O S O C O Ln `J LL C ° !3 O Ln ) O O U- O O 4-1 � N N + L a Law � ° 3 •T oA 4N tiro f�0 u Z LL w Z aC Z o2S U Z U +N+ Y Y +ccN+ QJ 41 N 41 C Q G C Q) CCN E +, v Of m a� () C co 0) v Q) () L N O () L a) a) Q) Q) Ln v) can z v L V) 3 L a) 7 O z 00 v N 00 01 O .--1 N . i Ln n n 0- N N N n N n N � M � M 19C -25 0� 'w O Nom' "v --fti O et ti rry N ^ V � O " �W r� O v ov � O N � O O O y,� N � 19C -26 O as O v v E , , C aa)) > v y +J C O L O Qc f0 Q E N Y C 41 C O O L +r (C (L O C CLO C y_ lA L C a a E 'a OA > > O u O NO_ L C 7 "a L Q. C +' Q' T O a) E >- a tw LL 2 a m a U M a (6 m (d a .a O O U L N ri ri r� ri N N N e•i } p p O O O N O r14 O C14 O r4 (3) Y Y ` O m @J E a a Y m a a C U L -p 'p N O O O d tw +' 2 ° `v c (d E `' v 3 n` — O O C fa L -0 O O O N S m m V) LL Q cn cu Q a LL N S C � L O � N 41 C U O f0 (D (O ID ns L cn Cf- LA a a a a H v O 00 o z C) N a) tD I� Q1 00 lD I� n d N r i Ch lD O I� Q- M lD t� l0 lD lD LO n 19C -26 ti ti O v �Pb.) • r�N zon O � V r n nv, v �1 O N � O a' o � N 19C -27 L U CL 4- N cu w v C \ C .0 E G1 bn C o Y d O m Y O m CL U- U z,� E w a - v Q ° E N > O v N w C 'D E M c Ln U C u 3 N -C 0 L N - N 4- CL N C S w cu ovc U cz Q w N O U m O O O O O C3 O O � O } O Y a Y Ln C C m > O O m m N V1 L U 3 'd ��++�+ a��+_�+ C C Ln N H w U U U U cn Ln z C! N U "p En O L N C +- O O C 0 w E ,c ti0 Y �+ E L j ++ V' f0 J � V' (C u !6 it > L O O ci L Qi ° O_ Q L v E -a a� Ln Ln - U in vn U in O U N z — Q) 3 O z O v U N i N pp N M Ln rn a-i N rn f�'1 rn ZA M Ln M Ln M L!1 M 19C -27 0� ti ti O o p� N �l ^ y V � O �l v V Cn V •N v O � N � O O a' o � N 19C -28 6 ass ' Q � o 41 C 41 � rho �0 O u 4� f0 L U N i U uj > o� c LL. U cu U f9 4 a -a a) v C a a C v C o a U C 7 l%'1 O = O a L^, _ O O "a a 4= N "a C r0 vi a: Q m Q C7 >n Q > a a N _O U tL0 O O O O O O O O } O O O O O O O O C C 0 3 Y Y a a U f0 0 > f0 cC d +� u cr t 1 O a C N N j �j m 4� i 0 41 u. -O .0 N UO ii T U t0 __j U T m N U > O c o a L c a c v 41 v v LA s Lo a C ..J r a) °' Q) aEi °A c d° u t > 41 ,- > , > } 41 C7 co > o °p a a � T v a w L v a cu a In Z N 1= Ln c% U to Q- N a 7 z v a lD I� 00 0) 00 00 N U1 M M M M V L 19C -28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2010 CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO _ FILE NUMBER In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the seven major elements listed below: • Type of investments, • Date of maturity, • Par and dollar amounts invested in each security, • Weighted average maturity of the investments, • Market value as of the date of the report, • Source of the market value information, and • Any funds, investments or programs, including loans, under the management of contracted parties. State statutes require that a quarterly report be presented at a Council meeting; however, our office continues to provide this information monthly. The information is in compliance with State law and the City's Investment Policy. The attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of March 31, 2010. 19D -1 QUARTERLY REPORT OF INVESTMENTS May 3, 2010 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit 1 Treasurer's Report W01 MA CITY OF SANTA ANA TREASURER'S REPORT as of March 31, 2010 EXHIBIT 1 lt'� Q E E O O _ N CO cn 0 M O t 0 0 � L i+.O 0 v Oa IL O r O O 0 I .- N co O (D I CO H M O M N t` m D E r• o v o m d O O O M CO M H O Q O � w � Co (D O O O a� 0 0 f� O � O O o a. C O _3 m : > (u A N C (u E Z C O C O M O O M V CD W � O W W O t` W 0 0 0 0 0 0 0 0 04 O O O N O O O O O O a0 O 7 f0 CA f� N 7 m 7 C+D V O eMe�� W N 00 N L O O O O O O O O O cC o 0 0 0 Cl o 0 0 Cl O O O O w O O C O O O O O Ln eve u� o W N a0 C`i U� N N C O U LL (U (n N c C C 0 N 7 O U N O N > U a c 2 a m v d y U rn < < a _Q m ,m m ° m J LL (L F Z N 00 N co CD 01 O M 0 N N O MJ O co co O) 0 M O m aM N O M N C (U E (n t i CD N � > M a Q O � w � Co (D U O O O co E O o rn C a o � N O °6 C o c 0 r 0 d c O � y LL 0 0 O L m O O c N O C O C U C C U) Q CO a� h C N U co (u a y p O CD CL (D (6 (D U � � lU w C1 c c 7 -a T E a� E ro N O U L) 4) U m w (u w C N CO CT co 7 T C O U Q L d N w C O rn C C C CD u1 m cli ui E o (NO M M C f0 C C M Q •U .N-. (o c C a> (cv E y ie o > @ LO O rn y rn co o m Lo 0) r-l`0 U O O M E m 2 O L a 0 0 N C N N � a � C - U c (9 C >� C O O C CND O OOf m C � � 0; o u)mE 04 v W U c a O r t• L_ CND N OI CD C w O C C N O N . O C O -�O O M C CD td v' O7 O Q N s cc � a) € E w 0 CL C O O (D N C y O y E O d E (U ! 7 E w 3 aNi m c y a�i (u E m D �p C t6 C O w } -UO O 'm U'vz YU .T c C 0 •(0 C (D C m U L L C •C (0 N C � .D X C N (0 m-0 O v (Np V R W } y 0 r O (0 •€ N w y o 0 0- 1 0 0 U Q W H :E 0 U) U N O O U O nt o E S E ID O N a_ LL� K a CL CL O CD N r M > M Q O � N U O O O co O o rn C o. � N O °6 C o r 0 d c = LL 0 a O_ O O_ O_ O r .- r .-- �_ •-- �_ •-- �_ ,-. r .- N N N_ N N N Q a N _N _N O O O O 0 O 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N V% () N � 7 D p CO aD t+) M O (A O) (O u7 7 0 m O M i- ,5 O) O M N O N O O .- � � O O �� O � A IL 0 � p0p0� 0p0p0p0pp��.- c0p0p0pp .o �.- a M O N N n 00 M M O O M n N M Cl) n 00 N N N O O N m M p D co M N M (D M r n tD N N V m Cl) M n 00 v E s� 7 4N7 `- (O N t0 (D (D r 0 y M M O M O n 0 (O t- O O N O c0 0 N 0 0 O (O N 0) o O o N O Cl) N 0 !n •C � M O (D O N (� (O 0 O M 0 r N p 0 -: O p 0 0 e- V .-- O M a R � I� O O n M (O N O tD N m iO N M 0 cD (O (D O m 10 (O cD M n N 0 oM 7 0 ap M M O n CD M m 0) O M M M M N a 9 O) (D O a0 O M O O m 0 0 o O — — 0 .- M — — O M O O— .- —— r 0 0 .-- Q 0 0 0 0 0 0 0 0 O 0 0 0 O o 0 0 0 0 0 0 o 0 0 0 O O O o O O N i0 n m N N 0 n 0 0 (O 0 (0 0 0 0 N O m O N 0 (O N (A U cn � M ten{ n n <t N— .- - O O C V o 0 0 o O c0 O Oi O n O O N (!y M O N O O O O M O O (!7 O O O O O C f� If7 M O O O O O c0 m tD c0 O O O n 0 0 0 0 (O 0 0 0 0 0 0 o to M (O (-. O m 0 0 (f) O 0 m 0 w n 0 0 Lei t{ p 0 (O (O 0 0 0 0 0 0 0 0 Cl) r .- M M— .- — M M 0 M '- O O O O O O O O O O O O O O O O O O O O O O O O O O O O if1 n O N 0 0 0 0 0 0 0 a O (O 1!) 0 0 O 0 0 0 O 0 0 O 0 0 n N o (D (D 0 m M A (D N 0 tt (O N (D n N N m n (O m O m N (D O (O 7 O N (O (3 N N r cc N m CO (O (D (O M M O 7 t0 (D (D M u7 A O O .- Cl) r r M N r r N N .- M N V .- M p p p p p p p p p p p p p p p p p p p p p p p p p p p p O O O O G O G O O C O C O p O O p O p O 0 0 0 0 0 p G 0 oaa0000a0000aoa o o o o o oaaoa000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m O O O O O O (O O O O O 00 O O O O O O O O O C O O O O O O O O O O O o O O p O C0 0 O n 0 0 0 0 0 0 0 0 0 0 0 � O w 0 C C C in � o w o o u� o 0 0 o c0 n o (n v o o (n (n 0 0 0 0 0 (n o 0 C N � O tD O to M m m m ao m m 0 m m m m m m m p w 0 m m m m 0 p p p m m m p p p 0 p p p 0 p p 0 p 0 O p o p e 0 0 0 Y 8 ppppppop0pppp0a0oppp000000 p 0 N_ N N N N N N N N N N Cl N N ch O r fa N N N N O N M O N m M N n M N O N M M M N 0 O N a 7 0 tD tD tD m a0 u') m M a a a a a a M M O 7 (V O O O O O O O O O O O O O O 0 p 0 0 0 0 r O7 O M U U U U 7 m A N (m0 A C C C C U C C C C C C C C C C C C C C C C C U A A A A o A A A A A A A A o A A 0 A 0 A A A A A 0 A o m m m m N m m m m m m m ca i ca m 2 m i co m m m COO 2 m N C C C C Q `� C C C C C t' C C L' C C C C C Q O O m O O O O J J J J N J O O O O O O O O O O O O O O O J J J J J J J J J J J J J J J J � r E E E E� —€ E E E E E€ E E E E E E E E€ E E E E €— A o 0 0 0 o R o 0 0 0 0 0 0 0 2 2 2 2 Z LL 2 2 2 2= 1L M 2 2 M X 2 2 2 = O ID tG m m v v v v v v v v 0 v v v v v v v v 0 v v v v v v v v v C M U- LL LL U- LL tL ll ti LL li LL LL (L (L LL IL LL tL lL lL lL (L (L LL (L lL (i ap CD co w •� A 7 O C N (O CO 00 O M N M (O (O (D O n n O N M 0 CO N O m N CO m (O O n M V (D N N O M m (O M (O (O n m m c0 M n (D CO c0 m c00 a0 (O CD c0 m C °a � m a0 a0 m aD m m m aD n CD - -- - - - - - - - - - - -- - . -- - - - - - - -- i V 4) Q V ° N C tU C o DI _ LO cli J F a > a m O n c0 m d. CJ (n W d 'a LL Y X a 7 cN=) co Q J= 0~ Q' F aV0 X X rn rn rn X m C7 Q CL y 41 •� N X X X X a0 X x i� x x x X XM X x XX X x a0 CO M M M M m M M M M M M M M c0 M M M M O M M M M M c0 M m N M M M M_ M_ M_ M C) M M M M M N M M N M N M M M M M N M M C E LL rn M m i+) M co M cM M M M co M M M M m co co M M co M M M a �° oa o 0 C tC CV ` o M C C ( A O to t0 v rn O O 0 U O w 0 u Ao a L G. a N C A tG j A (MO Q m n 0 M V V N C C 7 7 Of LL LL E E w N C) N C C � m N 0 0 A J J � O a � N C y C E Li LL_ yy C E LL_ E E H 1 _C T V C d Q o_ LL 0 LL 0 a O_ O O_ O_ O r .- r .-- �_ •-- �_ •-- �_ ,-. r .- N N N_ N N N Q a N _N _N O O O O 0 O 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N V% () N N N N N N N N N N N N N N N N N N N N N N N N O O O O) p CO aD t+) M O (A O) (O u7 7 0 m O M i- ,5 O) O M N O N O O .- � � O O �� O � p0p0� 0p0p0p0pp��.- c0p0p0pp .o �.- a M O N N n 00 M M O O M n N M Cl) n 00 N N N O O N m M p D co M N M (D M r n tD N N V m Cl) M n 00 v E 7 4N7 `- (O N t0 (D (D r 0 y M M O M O n 0 (O t- O O N O c0 0 N 0 0 O (O N 0) o O o N O Cl) N 0 N l d (i M O (D O N (� (O 0 O M 0 r N p 0 -: O p 0 0 e- V .-- O M a O r O O N Q I� O O n M (O N O tD N m iO N M 0 cD (O (D O m 10 (O cD M n N 0 oM 7 0 ap M M O n CD M m 0) O M M M M N a 9 O) (D O a0 O M O O m 0 0 o O — — 0 .- M — — O M O O— .- —— r 0 0 .-- Q 0 0 0 0 0 0 0 0 O 0 0 0 O o 0 0 0 0 0 0 o 0 0 0 O O O o O O N i0 n m N N 0 n 0 0 (O 0 (0 0 0 0 N O m O N 0 (O N (A rot O n 0 .- N c0 i0 r .- (� M O n N I� N O N O .- O .- .- <t N— .- - O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O M O N 0 0 0 0 0 0 0 0 n O O O O n 0 0 0 0 0 0 0 0 0 0 n N Cl! m O C m O (D O (D O O C C O tD O N O (!) O O O O M O O n O 0 0 0 0 0 Lq O 0 0 O c0 O Oi O n O O N (!y M O N O O O O M O O (!7 O O O O O C f� If7 M O O O O O c0 m tD c0 O O O n 0 0 0 0 (O 0 0 0 0 0 0 o (O (-. O m 0 0 (f) O 0 m 0 w n 0 0 Lei t{ p 0 (O (O 0 0 0 0 0 0 0 0 Cl) r .- M M— .- — M M 0 M '- O O O O O O O O O O O O O O O O O O O O O O O O O O O O if1 n O N 0 0 0 0 0 0 0 a O (O 1!) 0 0 O 0 0 0 O 0 0 O 0 0 n N o (D (D 0 m M A (D N 0 tt (O N (D n N N m n (O m O m N (D O (O 7 O N (O (3 N N r cc N m CO (O (D (O M M O 7 t0 (D (D M u7 N m h 00 10 W (O M M OI � M aa m M O1 M O N O O O co 0 O m N O O M O (D m m m N m m m m 0 0 0 if1 (� O co 0 0 7 C 0 Ci C m n 0 V: m v a o m m m m (O 0 0 .- Cl) r r M N r r N N .- M N V .- M p p p p p p p p p p p p p p p p p p p p p p p p p p p p O O O O G O G O O C O C O p O O p O p O 0 0 0 0 0 p G 0 oaa0000a0000aoa o o o o o oaaoa000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O (O O O O O 00 O O O O O O O O O C O O O O O O O O O O O o O O p O C0 0 O n 0 0 0 0 0 0 0 0 0 0 0 w 0 C C C in � o w o o u� o 0 0 o c0 n o (n v o o (n (n 0 0 0 0 0 (n o 0 C (M — .- M N '- r N .- N M M 0 N .- M r m m m ao m m 0 m m m m m m m p w 0 m m m m 0 p p p m m m p p p 0 p p p 0 p p 0 p 0 O p o p e 0 0 0 ppppppop0pppp0a0oppp000000 p 0 N_ N N N N N N N N N N Cl N N N N N N O N M O N m M N n M N O N M M M N 0 O N a 7 0 tD tD tD m a0 u') m M a a a a a a M M O 7 (V O O O O O O O O O O O O O O 0 p 0 0 0 0 O7 O M U U U U N A N (m0 A C C C C U C C C C C C C C C C C C C C C C C U A A A A o A A A A A A A A o A A 0 A 0 A A A A A 0 A o m m m m N m m m m m m m ca i ca m 2 m i co m m m COO 2 m N C C C C Q `� C C C C C t' C C L' C C C C C Q O O m O O O O J J J J N J O O O O O O O O O O O O O O O J J J J J J J J J J J J J J J J � r E E E E� —€ E E E E E€ E E E E E E E E€ E E E E €— A o 0 0 0 o R o 0 0 0 0 0 0 0 2 2 2 2 Z LL 2 2 2 2= 1L M 2 2 M X 2 2 2 = LL 2 2 S LL Z m m v v v v v v v v 0 v v v v v v v v 0 v v v v v v v v v A U- LL LL U- LL tL ll ti LL li LL LL (L (L LL IL LL tL lL lL lL (L (L LL (L lL (i d N •� 7 C N (O CO 00 O M N M (O (O (D O n n O N M 0 CO N O m N CO m (O O n M V (D N N O M m (O M (O (O n m m c0 M n (D CO c0 m c00 a0 (O CD c0 m E °a � m a0 a0 m aD m m m aD n CD - -- - - - - - - - - - - -- - . -- - - - - - - -- i V Q V ° N C tU o DI _ LO cli J F a > a m O n c0 m d. CJ (n W d 'a LL Y X a 7 cN=) co Q J= 0~ Q' F aV0 X X rn rn rn X m C7 Q CL y 41 •� N X X X X a0 X x i� x x x X XM X x XX X x a0 CO M M M M m M M M M M M M M c0 M M M M O M M M M M c0 M m N M M M M_ M_ M_ M C) M M M M M N M M N M N M M M M M N M M v A LL rn M m i+) M co M cM M M M co M M M M m co co M M co M M M T'9 D 5 a 0 a CL N 0 'C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O d1 y 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N U N m a o a o ao co o_ v eo n n 'o 0o co n rn rn o M o o 0 0 0 v o cn a \ .- N O N .- N N I� aD m O r M N O M N 0 0 0 N N 0 1- N M W m m 0 7 N N r M 0 1, M 0 O r 0 O N O N0) 1n O m M P- (NO 00 O CO c0 0 m M O N M O M V LO O Q) N 7 I� t` N Lp M 0 �. _ a V) w O O O O 1` c0 O N N N O O l0 0 0 0 0 0 0 )0 00 M 0 0 0 0 0 h 00 W O O O a O r- M O N 0 m N co N O f- 0 0 0 I10 O 0 N d' 0 0 10 c0 rN 0) 0 0 0 t10 N LL M �(D 0� OJ Ln OJ cD n 0 00 0 0 0 04 )0 10 r N 0) 0 0 N C0 O m 0 0 0 0 V O `- O .- r .-- N N N N N •- N N N (V N N cV O O N N N N I r O d a () O Q) O O) N O cD c0 c0 0 M M M m u1 D1 p O co O M M 0) N O cD M M M W Of o c0 f� C u0). r. O N c0 f` r cD f� T N W O. n p o h r- n N O M V V c0 c0 r f� O) m T O) N V: O O r 0 0 Q1 N A O) O) T O) m O I V N N .- N N N N .-- N O G r- N O V 0 0 0 0 0 0 0 0 0 0 0 O O O o 0 0 0 )0 0 )f) 0 0 0 0 )0 0 0 0 0 0 0 M m m 0 0 0 )0 0 0 4 0 h o 0 0 10 0 0� 10 N O O O )0 N c0 O o C 0 0 � )0 c0 0 )0 i0 )0 N (0 o t� O 0 0 0 0 N u7 u) O . 0 0 0 N N O O o 0 0 )I) to N O — — — a- —— .-- — N N N cV N � N N M M N cV N M M N N N N O m O O O O O O O O O O O O O O O O O O O O O O 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 liy O u7 0 0 OO O O O O O O O O O O O O O O O OO O O O O OO O O O O O c C O r C O f7 0 0 O 0 0 0 O O O o 0 0 0 0 0 0 0 0 0 c0 0 0 0 0 0 O) c0 Y O O M 1 O N 0 0 0 0 0 0 0 0 0 0 0 r� 0 0 0 l0 T O O O O $ 0 0 7 0 T C h 0 cC O O O O 0 0 0 C 0 0 0 cC N O 00 O 0 O )f1 0 0 0 w )0 O O N O O) 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 li'1 O O O O M O W O O O O 00 m O 10 In O 41 0 0 0 V o O o L O o 0 0 0 0 0 10 0 0 0 0 0 0 10 O 0 0 Lq 0) D) N N M M M .- N .-- N N .- M t0 N V N N m O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 10 10 O C O O O )0 O l0 O O O O O O O O O O O O O o 0 0 0 10 0 0 0 0 O O c0 D1 O o 0 Q7 o h cD c0 c0 O N 10 00 tp N M tT c0 p 10 M a0 to M M c0 O r r OD o 0) V N )0 (0 wr h Lo C N st u0 1� O � O p )0 O O) O O 0 n N Oi 00 0 M O (G W O M CM cC O r ao 00 O N v O O) O O 9 a O O) 0 O 0 0 m M 0 0 0 0 o 2 o M 0 O O n p 0 O N O Oi N L O M 0) O 0) V m N O) vo O) O) O O O C) 0 i0 o O C) O O O 10 0C� O li0 a0 O in v 0 M r r Cl) CO N r N M It N v co N m O O O O O O O O O O O O O O O O O O O O O O O O O O O O o O O O O O c o 0 0 0 o c o c o 0 0 0 0 0 o c o o c o o c o c o c o o c o 0 +�+ N 0 0 0 0 0 0 pp_ o o °o_ o o Oo_ o o °o_ o oo_ o p0. 00_ o o °o p0. 00 00_ p0. Oo o °o °o_ °o °o __ `m 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ri o 0 0 0 0 a o 0 0 0 0 0 0 o O S 0 p o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cC C to M p cO c0 p C p C C n o n o O o C C O o 0 0 0 0 0 0 0 0 0 m ao 0 o n n o N G O N M — N N M M M N N N M O N M c� �m ,C N O m a rn o rn o o rn rn o o rn o 0 o rn rn o 0 0 0 0 o rn rn o rn rn rn rn rn rn rn o m O m 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 a� m � o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N a M M O 0 N O M 10 O 00 0 In 0 to O O O l!) O O 0 O cf) N .- N N r N N O O N N M c+�) M .- M M N N M O a a a a a a M a M M a a a a M D M C a a a a o R C M m Qm n U U U U OD mm m m C C C C U U C C G U C C C C U Y Y Y Y Y Y Y Y Y Y m m m m N N m m m O O O m m m m 0 O O C C C C C C U U C C C C U C m y m m m y m m m m y m m m m m m h y m m m m 0 m mym0Q am`omammmmmmmQmmmmmmmaammmma m J U J J J V J J J J J J J J J J J J J J J J J J J J `m m m m m m m m m m m m m m m m m m m m z; m m m 0 m E€ E E -- E€ E- E E E E E E E z E E E E E E E z E E E E- m E 0 O m O O 10 i0 O m O N O O O 0 0 O O m 0 O O O 0 0 0 m m O O O O m m O 0 S LL 2 2 Z Z 2 LL 2 Z 2 2 2 2 2 2 2 Z 2 2 2 2 2 2 2 Z Z 2 2 2 2 Z � 2 (0 f0 N IO f0 (0 N N N 10 N N N N N (0 10 N l0 10 10 IO N 10 10 16 N l0 c0 IO N 10 Q m` m` d d m d �m d 0 LL m 0 0 0 0 0 0 0 04 0 0 0 �m °m N N N m N LL LL LL LL LL LL LL LL LL. LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL U- LL LL LL N LL y � d c 7 7 E d a y) in 0) co n 00 N W O) !� c0 Q1 M v 10 O O M r- 01 10 m CO 7 O 00 V O t0 O O N CO M )0 N c0 10 Q) co O 001 O O E O o aD 0J QI c0 O 01 0) O) O) O) 01 0) O1 O) O) 01 O2 00 O) 00 N c0 O) 00 O) 01 T c0 0 rn V CT1 0 C m p O O O 0 r O 1, U M C� N N V O a0 Y m (L a W J O cO F cD Q N Q Q rn LO Ln O N N X a0 M r� W 0 o M o cn N l0 m N x �(> Z J m m N Q N > Z> WU' m 2 jjU��) N N 3 0 M x2 d W X Y > Q }NQ LL Q N t0 a y ' X LL 1'L X' W LL X x X X CD LL X X X X X X x a0 LL LL L N M M M M c0 c0 M M M O) M O M M M M O0 c0 W M M Cl) M M M Q7 0 M M M M c0 O N M M M M M M M M M M M N M M M M N M N M M M M M M M M M M M M M M O � m m V LL M M M M M M M M M M M M jl�(7_6m M M M M M M M M M m M M M M U. M a a> > o lm a a s� 'C ❑ M M U O � M m m m a� y m M m m 7 ~m y m W Q � ' 0 7 o 0 M (Q N r • _^ m Cl) .N M a .— 0 0 � }' Jo- p v o , CL a a mm eM am W Vwi H d �C V E �n C � _ O V N V C d A a a U li 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N C'61 N N N N N (0 cO w m O iA i0 O^ 'M a cO h u'J u7 10 O O (�7 O M (O O M LO O tO u'1 M (O O O O O N N O O N N 0 0 0 0 .- r r N N N C', O O N M 0 0 0 0 $ a 00 r�t2- is0m0ao000�com0worncornrno --- 0 0 0 0000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � � '- V if7 h w m O 0 m M w f, N cO t.- tO w N ti r N m h N N w w (O m O0 N CO CO V (0 L0 m m m O N N M M aV- u7 iO cO w O N N N m mo M M (' cO 0 N_ �0 cO iO o w 1� M M� M N m w N N M M�� M M M w M In W O tO (O tO 00 M (O In N OO (O tO V V �? �? '? ? u'7 to u7 i0 N N N N N N N N M M N M M N M Cl) M I V C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O C O C O C s 0� O O O C O O O O O C ? '•1 lO N h 0 M M M I V O O O O O O O O O O O O O O O O O O 6 O O O O O C O O O O G O C O O G O O O O O O O O O_ O O O O O O O O O O O O O 10 O O O O O O O O M O O O u7 h In N N c�}f N w O f.- O N c7 V V M M M w M LO N. O to tO 10 c0 N In 00 (0 't cO V V V (O u7 all� ar If1 iO U� Lq N N N N N N V N N M CO N CO CO N M M 0 0 0 0 0 0 0 0 0 0 0 0 O C O O C O 0 0 0 0 O 0 0 0 0 Cl 0 0 C 0 0 0 O O r O 00 fl. O O N cn m M O O (l_ O 10 O M fl. N O M N I- M M O �0 4? r (O O f� t0 O O N M O0 M O 10 O O N t0 O M w 1� q M N (O M M .- m N O 0) w O N c0 O O N w OO M G N c0 O O OC m t� Op N cp m M w e+j W O N v M N O O N oc m w O N O V w I m O co N N w iO w M N m w O w m Oct m N O (� � m r I� m w h cl h (D L r O V (l M M cO (O �0 � V (V N O 07 h w C m w O w 01 m m m w w w m m m O m m m m m m w m m w m m m w m O m m m m v_ m at m m v m Q1 m m D v_ m m v V c m m m m V V m m V m m m O N m M M N — .- —— e- — .-- M M V OO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O C C O C O O C O O C 0 O C O C O O C 0 0 0 O O O O O O G O C O O O O O 0 0 c 0 0 0 (O w O 10 0 0 0 0 1(7 0 0 0 0 w O O O O O tfJ In O O h O O O O O O CD O O O cO LQ m a0 w co 0 N O O N m OO w w w (0 N LQ M M cO c0 N O O O N O a m m V m m m m m m m V M 0i � m m I�t m m V m m m M M N m M M N r .- r r N r N .- M .- r M OD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Ci O O C O O C O O C O C C O C O O O O C C O C O O O O O O O C O 0 0 G 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O C O O O O C O O O O O O O O O O O O O O O O O O G O O G O O C O O C O O C O C O O O O O O C O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 W 0 C 0 0 C 0 0 0 0 C 0 0 0 100 0 �n o 0 0 0 o u� o o v� �n v o 0 0 o v� in in o o �n o 0 a M M c+i N (V N N N M N .- M N N M .- r V N N M M N --f r co m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ( �o�oo0 o0 o0 00000000000�0�' 0 a ^aa- -aa U U �j 6 N m m m m rn cm m C U U U U C U U C C C C U U U U V Y (� Y m O O O O O O m O Q O Q O m Q m Q m Q m N m rnf/J .N J m C m (p O O y m m m m Ny N N N NN Q J m Q Q Q J C C Q Q Q Q C m m J m m m Jm m m m m 0 0 J 0 0 0 67 m 0m 0 . m p i i E S E E_ a E E E E— i_ ar — E E m pp m m m s%% a E R o 0 co O O m m 0 0 0 0 m M m M m O O m m O m m m m m m M 0 m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m �i M LL LL H LL LL LL LL W LL w LL w LL w w LL LL LL LL w LL w w LL w LL LL LL LL LL LL LL LL m �O L 7 N N (O 10 (O N M 1- M 0 h O N w I- m G (- O N M M cO (- N W 0 cO .- I� r OO n w w w w w w CO w w w w w w w w N w w w w w w w ° W M 2 > a 2 N QQ r� w i. w m v V w m �n (� (•7 m N ❑ % � > � ❑ � � X 'X } } N � Q Q � � CO U U ❑ ❑ W W LL U( 2 -Oi Z � 0) co m (M m m m In N m m N (O 10 1(7 m m m m m I� h m m 10 m m m m m m m If7 w w m w w w m m cO m w w w w w w w w w w m m x w w w w w w w w w w M In n (O 0 0 M r- M M 0 0 M M M t0 0 0 i(7 u7 M M u7 10 Cl) In In u7 1(1 w w w M M M N M M M M N M M M M M M M M M M M co M M M M M M M M M M M M M M M M m M M M M Q1 M M m M 1 9D -1 M M M M M cn M M M M M M M M M M Q a- (/) N U N U v O E CL N N LL a a M O O N N O d IL •� o N s� w •c O � U � �o M U � ~� M i m � r � N m Y 8 m V0 i c m E N C M1 7 U 0 N O 0 cn LO M M ce m L 0 0 LQ W° of o O 0 0 m co M M n A v a N N O O O O O C LO h (0 t0 0) Of V R N N °o, o °o °o 00 0 0 0 0 N N 0 N O O 0 co M go O N J 0] � rn � a � m N 0 Vi CL w D 0) � rn �a ` N F 0 O N N a CD w N N a2 l ro M M of o O 0 0 0 0 a a 0 o6 c 0 h O O O O O G � n O c h Lo o °o, 00 00 00 00 0 0 LO h 0 N (0 0 0 0 w V a O W) a Q' U m U m (D Ol a Q 0 m 0] N a 0 a d d � w N V m U m rn a m 0 C 0 CD 0 Z o co m n O 0 0 cq O V N co cl O M O N fV h K7 co Of M 0 M W 0 M us .n v to N 07 H1 M rn 1 a v R N 19D -8 Q a N O L) N U q O 0 E C N N ai LL a a M is 0 0 N N 0 of m 7 A "m N r.d m � W � � N C a1 = O m N CO •O t 20 0 V SM ` p O H m m m° a y.� L O d a m m rn c c m am V0 i c m E N C M1 7 U 0 N O 0 cn LO M M ce m L 0 0 LQ W° of o O 0 0 m co M M n A v a N N O O O O O C LO h (0 t0 0) Of V R N N °o, o °o °o 00 0 0 0 0 N N 0 N O O 0 co M go O N J 0] � rn � a � m N 0 Vi CL w D 0) � rn �a ` N F 0 O N N a CD w N N a2 l ro M M of o O 0 0 0 0 a a 0 o6 c 0 h O O O O O G � n O c h Lo o °o, 00 00 00 00 0 0 LO h 0 N (0 0 0 0 w V a O W) a Q' U m U m (D Ol a Q 0 m 0] N a 0 a d d � w N V m U m rn a m 0 C 0 CD 0 Z o co m n O 0 0 cq O V N co cl O M O N fV h K7 co Of M 0 M W 0 M us .n v to N 07 H1 M rn 1 a v R N 19D -8 Q a N O L) N U q O 0 E C N N ai LL a a M is 0 0 N N 0 of ° <�, m 0 CL \ �f —— d } 22 2 { co 0-1 §cn cc / uo \ \ k qw m � / §\ Ln % m Ra § \ \\ \ (D 2 7 r ■ «E�° In . g k } /\ / \$ / )® s O:; 0 k 0. j0 \\ �Cl) Imk o \� � f CE LL § k ( ) 16 e| cc w] }j , J co A 1E ) 7 \ e L It } \ G S A IL M - (n ) \ \ 19D-9 C2 0 m m O� 3Q N ~ cO g o F- O } M m m N m L m r > N N a H N L N N to 0 Vi m0 W +N+ M H y V N U N W > m Q. 2D 7 _ C a N rL^ Q v U `m N x c E d C O N U Z D 11 . W W U) W w CL O U co a Z a a Z a U) d H H C R CL E O U .. N 1= C d H d r MZ W m d 7 H 't a co m CC) N N O O O O O o m M � O O m O O C—' 0 O O O o d R N � N C, c N A 0 a y w w F- m W LL m J a a U Z a LL v N O m 0 cli a m U m c n O m Im go v O 0 w Of O 0 i 0 O O Q r 10 N C E a C 7a 0 H C9 a_ W U J O a a Z a Z ,a v/ d 7 y 19D -1 C R a E O U H H C d N d Z m d d w 7 F- no 0 v a v 0 Sri LO ° m N O O O T M M M In UI LO O V n n n rn m m 0 Ct C co M M n n n v o v Lo N In N N N CD 0 n n n W OOf 0 M M M m v e v N N N I,- n n 0 o Cl am C rn M M M CD M m m v v v N O Q Q C C N 10 A N O c 01 E N y d c A 0 C ~ N y a _01 (0 c 0 Z m a� > a y L 01 C O x m N °m O a f6 C a Y w C � R cc N N 3 N H c R CL E O V y H L N U) } MZ W d Y N 7 H o nr o d n O T � O i CL CL 0 0 0 0 0 N N N O 0 of N O IL am 7D A F' cOj } O H ti) } M C w 3 U m d Y R 7 R a I- N D H d Z w � 3 D 7 O ~ W 2 N Y 0 Wto M m C t CD 0 �y C L C f0 � U m W > U) = a) 0 R Q U d a1 Ul N c E Yl c CL N U ca C O U 3 C r N MZ W m W N 3 H O I O O t0 n O 00 co O V) of o O O O O M O O O M O v m N R > O Q O C R R O a U)' C a E 0 U 41 2 F- c N N z Z m n H O_ E O S 00 O V Q 4) L cm G O N O C °o o a7 M O O O Cl) O a, Ol 1`0 Q r R N C N E d c A O H O C Q m v a° W C Q f6 m co d 7 N N C R Ca G O U fA 3 C m H d } Z m m d H I-- W I O Ld v N 0 O 00 '7 O LO O CD O M O 0 O O a LO 0 O O O 0 O 0 O O O O O CD CD O M al N R M Q M � O C R R O y _N E J v, U 3 0 a` m U R LL Q V 0 v O O U } 1Dco 9— O O O O O O C O O O 0 O A Q 9 R N C E w C R O 11 w W W It m M O O w a 9 U Q Z Q Q H Z Q U) d N N C a E O U N 3 C L d N } Z m d d N 3 O O O O O O I O O O O O O a7 N R O Q O C R R O 3 y c LL E 0) L m co U m N F- d M c ° 3 co O V Q N Y L R M d CO o U) O U) O O O O C O O OO O N tm m Q V R N C E 4) c R O H U o 00 Q N N ~ �> o at o E0 a O 0 0 LLI O m 0 0 N N a m 0 o 0 7 i T i Q N a IL „M 0 � ~O j o o 00 E O a ea � a N o p 0 0 0 0 0 0 0 0 o LL' a O O O Cl O 0 O O O p F- (o O O O O O O O O O O O O O O O O O O C O O O a) m O O U m o Y N 7 O O O O O O O O O O O O O O O 10 CL F- a' H d H 3 O O O O O 0 0 0` p m O O 0 0 0 W N S Y 00 ,Q N M m W w C t C :O U aNi W > c _ ° m m o rn m o m cm m m ° y w d rn A R A N cc c Im N O a y 6 m .~0.. a N N @ C W C E E y U) N N y N d E c O a o O a :° F m z LL U LL w LL w U m af w E N cn U)i m C 0 Q M M Q U` 0 O O O o U 'O U O c d .. y y a V a L f- z U 4) c V ` w U m 00 z 00 0 z a> y c 'o b m d o Z N m U) 7 N CL 7 H L M °�° d d C ° �' d V °m o H R} y O} N L p cn m p U F- U cn H H cn N F- u�i 19D -12 'IT O O O O O O T O O O O O r O O O O O O O N 10- M m co ai m O O O N � O O) {� m m O 0/ m a am N N M 0 CD m 0 0) m � rn m O 3Q 10 o O N O 0 rn R � Q c M rn A � Q M M O A r a U) C d � N C � 7 LL f M A O F 0 O O w } °r° O O o O � O co >1 C C. E H O LL N p O O LU ti O O N CL � C d E y o m O O O O C L w d � C d C. Z d N ` Q � � 3 O O O ti n � U 19D -13 m 00 co 0 0 N a N Oi 1Lo Oi N � m Y C> A w Lo Lo r I.: d > M r O ui � n O In O f0 a N N N N N N U) o O rn R rn N N � d O Q Q 0 Zw C m � U) d O C d n ? 0 0 1j O Y C _ C N 0 j LL WrU) M m E F L E m m U U m 7 W > U) C d d I� d N 7 U) CL a U a a > Q D E o v m ti U m O O a O y C cn y LL E O c O L U ` � N cu U Q 7 N d N H Y H Z M a m m L E o N O O L � U d 7 y U c C Q .+ y U o H N n L w _` Cl w om d ; O cc v a � a Z Y m N d w y � d oo v) y 7 o u) I O O O O O O T O O O O O r O O O O O O O O O N O m m N O of m M m co ai m O O O N � O N n M m m m O 0/ m m f0 W m O O N N M 0 CD m 0 0) m � rn m O o O N O 0 rn R � Q c M rn A � Q M M O A r a U) C d � N C � 7 LL 0 A O F 0 d E d c w r °r° T U C 41 Q o J Go > LU >1 C C. E H O LL N LU ti O O N CL U N i � C d E y o m O U Q Z a C L w d � C. Z � � 3 ti n r 19D -13 H Q N N _o ar o 0 a Q T � O O i LL O O m Y C N m � � o L � O U ` r r O O O O O O O O O O O O O O O O O 0 N 0 oo w r °r° n Go N N N N N N C. � � ti n r m 00 co N N N V � � C> ui w Lo Lo r I.: r M m r N N N N N N o O rn R rn N N � d O Q Q 0 C m � N O C d 7 y W d C j LL E F L m m U 7 7 CL a ° D E co ti U O O y N M L O c O U ` � d Q d Q Y H Z M a m m N Ui d L � d 7 y U H Q N N _o ar o 0 a Q T � O O i LL O O m Y C N m � � o L � O U ` un m O � •c R T O O O O O 0 CL oM N O O p �0 co co co r- n O 0 0 O o oc cc M i'7 n r 0 0 ac M A } M n O H O O O O O °v m ao } Cl) � w a C N o 0 0 0 o 0 OD co co M n 0 0 0 1 M 7 U w N R m 7 N O 0) ° Y f0 N N d A CL H O 3 y C 7 N D C N m > c Q' O � H m Z w U � 3 3 O m W ~ (D Y 2 . N °o N � VJ M m W G L U 3 L �y E L (Q J d Z Q D � CL U y w O V co W > C m fn N 0 w m 2 Vi co U ° L l U U) co d 3 U a d uNi u d E d C IL F) M U c M O. E O U N 7 H C d H Z m d d U) 7 T O O N N O co T O O O O O 0 O O O N N O W N N O O p O co co co r- n O 0 0 O o oc cc M i'7 n r 0 0 ac M A M co co n n O O O O °v m ao O O 00 � w a a o 0 0 0 o 0 OD co co M n 0 0 0 1 M Cl N O A N R 7 N O 0) ° N W N N N N N d d R O 3 y C 7 d (D C � p U) C N m > c w O � p H U � � N m m H w o C O O 5D H � � ) H Z W co d V M U 3 L J d Z Q co CL d L w O V co co Z C m C M Z m V Y 10 Q F Z Q ° L l U U) co d 3 m y 3 C 0 d ° = U cn 6 3 19D -14 d w N 3 H d w V d Q N C d d N 3 O 0 O O O 0 0 (O::> 0 O O 0 0 O 0 O d N � > a a o c O a in S y aoi � I a) In 0 Y C m O co r ° N N U v}i 0 O 0 O G 0 0 O O 0 w m a r _ C d E U) C F �a _o ar o � a �O E d � 0 i LL a O r) m 0 0 0 N N C 0 0 K tG O T a O � O °' a O a I a O � O LL � o 0 °o O O 0 O p p 7 Q 10 M p 0 } 0 g o M n O o p } O O d O � � O O 3 U 4, 3 d 0 O O 0 O O Y A 7 O O N O O R IL F- N Q' H d W ~ 0 O O _ N o V) y M m W +-� C Z � d V V � � W > c N m d to U N M > A R O (q y co N H O M N N N Q. E 0 U # H CD Z L >L S Q d ♦+ o 07 Q ZQ m c N co m O a �v�i C N N N C/) U H H U u}i e O 0 0 O O 0 O O O 0 i > a a eca N C d E d C R co O F Q U1 m co Q1 M C Q R C M U) d 7 A CL C 0 U H L C _d Z m d d N 3 19D O O 0 0 °0 0 O O O O O O n n V C M co m m Q3 to V O O O tmD n n to m v v co m r r to m o 10 N N O a n o v m 10 O M N N F- N N LL LO N _O C o 0 v Q d Y 0 0 dco U) U) O U) -15 O 0 0 O O a co m LO m r- C* m 1[) coo v ci to rn t0 Q V R N C d E N c R O F H Z_ M 4M Go Q Z `Q r Z Q CO d 7 N N G1 ate+ N 7 d !F V d to C d w N 7 H O 0 °o O O o I °o O O 0 O O Cl 6 O O 0 o m N > a a C) c m A O .n fA w N co F N 2 N li co co Y C R m_ L o ly0 U) U U) O O 0 I` a v A N C d E w c R O H O O 0 N p a O n c O °' a O a p p I O LL � o 0 °o O O 0 O p p O O 0 I` a v A N C d E w c R O H O O 0 N p 0 T M a o� O n r �d w O T � 7 0 E f0 o LLI a F- O ch ❑ o > g o H m � c7 C N d N 7 U 7 d Y A 3 R a d w d H � W ~ o Y _ N O y — m M m W ' C L C {0 D U d W > y a Q> _m 2 N m V) v ❑ U a d C u) R N YI Q C OD 0 H 3k d C H C 7 E N N m C c m R j C Q R � Z C m R f/1 y IL ? r N Fn D H � U H � O o I O c 0 0 0 O O O O O O O LO O n n O Cd O O O O 00 OD (O tD LO N n n O � O O O O' m m O m I- n C6 C6 0 0 0 0 c0 t0 v v o � a n . CD o A m O N m N N m d LL N a o O � o 3 � O v Q d Y L R N y O C °J O U) U) O 0 0 O O I N GD O O O C6 n O O ° C6 r C6 0 tD d A a v w m C d E N c m O F Q N N 4) fn w O! R C Q R C R y m 7 N C R CL G O U H 3 H C d N Z m d d N 7 H 19D O O 0 0 0 0 o ° 0 0 O O O O O O O O O O O O O O O N N O O O O O O O O O O O O N N o °o O O N N a m o° A N � a> n o o r R O a L m N N m a) IL LO N o O o 7 00 O V Q d Y lL0 A o N CO O C U) -16 O 0 0 R O O O O N O O O O N O 0 O 0 N m rn d a> v m C d E d c m O H 0 LL W D Z W W w U co 07 Q Z Q Q H Z Q V1 m N w C R Cam. C O U H 3 H C d U) 0 } MZ W m w N 7 H O I O 0 0 °0 0 O O O O O O O j OI O O 0 O rn m N R b a n .o o m R O 4 U) c li E O L N N U co coZ N N n o Y C m n C m t o to U) l0 U) U v}i oO m GI a v A N C d E w c is O H m 0 0 0 N N N O m 0 U) Q N N O n r O d n O T E o LLI a o O 0 O O O O ❑ o oO m GI a v A N C d E w c is O H m 0 0 0 N N N O m 0 ao N o ~ C A Q N � CL OM �_ > O n t 7Q M 2 H m } M O O O O G 0 0 O F M } C w d N 3 U a+ d Y f0 Q1 N IL H D F- d Z y a/ N L W ~ Y S N °o Ln M M W w C L jy E L 4. C :Q U y W > (n G a) 0 _ y m in -C- CL U W D z W W w m co a z Q a z a U) d 3 N N C Q E O U N 3 H G d N d z m m d h 7 F- O O 0 O O O O CD O co d CD rn N a o .o c M, m O } U J O CL W U Z Q 7 U Z Q in M co Y C 10 m _ C M L o O U) U ai O 0 O O O 0 0 O O w rn 1`0 Q v m w C d E N C A O LL m W R' ti O M > W Co Co Q z a a z a d 7 N y 1 G R L2 E O U N 7 H G d N d Z Ln d d y O H 19D O I O O Ci O O O O O O O O O O co M v v O W l O m 7 a V7 tD V O rn m 0o R' N � a � v o C m R O a C LL E m L W R) U D m N H co W Y C Ln � C L o M M -17 O O O O O rn a t00 O R w rn A Q v m W C 0 E ta a+ C N O 0 LL W w O 00 W w It 0 Q Z a a Z v/ ''a^ d 3 H U) G O. E O U N H L N MZ W ar w N 3 H O I O O O O O O O O O O 0 0 i o 0 O O O O rn m N @ a � a o � a A O C U- E m L N N U Z of m N w O M co Y C Ln O C M = o U) U U) r U N O O O Q N � i-- �_ > O n t 0 K a E O LL p LLI K O O O O G 0 0 p p O O O a, a a' c N C al E a1 C A 0 F 0 0 0 0 N N N 0 0 w CF)� a .cc 7 0 R F M } O M C d d N 7 U d O E. d Y A d m A a N 0 0 o LLI a � d O O O O O O O O N N W r O O O O N LO m Q 3 0 d R J L W ~ o Y _ N O Q (� v M m W w U E LL6 Q V � � W > ° Vi d d _� 2 Ln m co U � Q U a d N c d E d C IL N 7 U H Z W Q IL v 0 0 N W Q Q Z Q Q H Z Q N (1 3 h N R a E 0 V w H 3 IL— C _d } MZ W d r N 3 H '7 O O O O O M O O O O O O O O o I o O O O 0 0 ID O O 0 O O co d N 9 o Q o .a c La f0 O 4 a } U Z (a) 0 2 a N ro Y C m � C N L ° N U) L) v}i O O O O O 0 O 0 0 O d Q a a N C d E d > C m O NW I.f. W U) W Ir v 0 0 N w W Q Q Z Q Q F Z Q U) m 7 H U) R CL E 0 U w N 3 C d N d MZ W d d H 3 19D O I O O O O O O O O O O O O of o O O O 0 0 O O 0 O m d NCM N o Q n .a o c A A O in C LL E s Ln m U m H N C) Y C m ° C L O M cn U c}n -18 O O O O 0 O 0 O d O) A Q a A N C E d > C N O Q LL LL W W w v 0 0 N m W a Q Z Q Q H Z Q d 3 N U) C CL E 0 U w LA 3 H C Y h MZ W d w y 3 H Q co O N ° ar O E. a N 0 0 0 0 o LLI a O O O O O O O O N N W O O O O N LA 07 O O O O N LO m O 0 N N M N N ao W O r N LO � N Ln co d N r� N Ln O N Ln co d R N O � Q Q ° a c N a c N A O � C d a � � N N d C > C LL E 0 � L m U N m H (A 0 Y C V co 0 0 N � m N V o L � R O m o U U) O '01 LO N 7 N N N N C14 fn Q N a >N " N O d Oa E 0 O a � � o o p CO °o °o °o LL C a � M O O O p r r O O M D <C � tC } O O OOi O = d O N O O U a1 A 0 0 0 m Y R d 3 10 O O O O r O O r A a H E- m Z o °o, o m ; W F- G _ N O W 0 Cl) m C L L �y 1.61 C (CQ in C N N 0 0 d Z N O N 10 Vi L ° N W N Q V a O o Q Q v c m v c A R O N C N E U � c U J 0 N o IL F- 0 z 0 m F- w W D > U) `m Ix Q W N N W Q � MGf 0 Y w N N E LL L W W ~ LO C W Z Q V o Q m a N a o , H c o ° Q � m (n a r O M N a CL m y V CO d j y i co m p ai 19D -19 i Lei REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING GROWTH MANAGEMENT AREA FUNDS FOR VARIOUS PROJECTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment accepting funds in the amount of $303,827 into the Measure M — Street Construction Fund (accounting unit 03217002 - 52330) and appropriating the funds to the Measure M — Street Construction Fund (accounting unit 03217660- 66220, project no. 081730) for the State Route (SR -55) /Alton Avenue Overcrossing project. 2. Approve an appropriation adjustment accepting funds in the amount of $7,000 into the Measure M — Street Construction Fund (accounting unit 03217002 - 52330) and appropriating the funds to the Measure M — Street Construction Fund (accounting unit 03217660 - 66220, project no. 091758) for Fiscal Year 09/10 Project Development. DISCUSSION On April 6, 2009, the City Council approved the award of the contract for preparation of plans and cost estimates for the Alton Overpass at SR55. The CIP for Fiscal Year 07/08 identified $2,390,000 in Measure M Competitive: Regional Interchange Program (RIP) and Growth Management Area (GMA) funds for this project. The GMA board approved an additional $303,827 for this project in June 2009. In order to recognize the additional $303,827 in the current fiscal year, an appropriation adjustment is needed. The funds will be used for design engineering services for the project. Additionally, each year as part of Measure M -1, the City receives an allocation of GMA funds for Project Development. In fiscal year 09/10, Santa Ana received its yearly allocation of $7,000 for this project. The funds will be used to coordinate grant application preparation, and administration for the project. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 20A -1 Appropriation Adjustment Accepting GMA Fund For Various Projects May 3, 2010 Page 2 FISCAL IMPACT Funds received in the total amount of $310,827 will be deposited into the Measure M — Street Construction fund (accounting unit 03217002 - 52330) and appropriated into the Measure M — Street Construction fund (accounting unit 03217660 - 66220, $303,827 in project no. 081730 and $7,000 in project no. 091758). c Raul Godinez II Executive Directo Public Works Agency RG /JG APPROVED AS TO FUNDS AND ACCOUNTS: �Gufierrez Z Francisco Executive Director Finance & Management Services Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: CONTRACT AWARD FOR RESCUE EXTRACTION EQUIPMENT (SPEC. NO. 10 -014) 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 Award a contract to Fire Service Specification & Supply for Rescue Extraction Equipment in the amount not to exceed $38,238. DISCUSSION 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 to enhance a community's ability to respond to terrorist attacks. The Fire Department has three front line Truck Companies, equipped with hydraulic rescue tools. On December 1, 2008, the City Council approved replacement extraction equipment for two of the truck companies. This purchase will complete the upgrade by outfitting the third Truck Company with lighter, more durable hydraulic rescue tools. This purchase will standardize rescue equipment and enhance the Fire Department's emergency response capability. Santa Ana City Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The City of Los Angeles' contract with Fire Service Specification & Supply was awarded as a result of open, competitive bidding, and meets the City's requirements. Staff recommends the purchase of the rescue extraction equipment. 22A -1 Contract Award for Rescue Extraction Equipment May 3, 2010 Page 2 FISCAL IMPACT Funds are available in the Metropolitan Medical Response System 2007 Grant account (no. 14615364- 63001). Marc E. Martin Fire Chief APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Li Executive Director Finance & Mgmt. Services Agency 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: CONTRACT AWARD FOR BURNER REPLACEMENT (SPEC. NO. 10 -015) 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 Award a contract for replacement of steam boiler burners to R.F. MacDonald Co. in an amount not to exceed $142,569. DISCUSSION The Police Administration and Holding Facility is approximately 505,000 sq /ft and utilizes two hot water heater boilers, operating continuously, to provide space heating throughout the building, as well as hot water to the four story administration building, the Holding Facility, the kitchen and laundry services. The existing hot water heater's burners are fueled by natural gas and heat water to a preset temperature. The hot water is then circulated throughout the building. The existing boilers are 13 years old and the burners must be replaced to meet new South Coast Air Quality Management District (SCAQMD) rule 1146. 1, which goes into effect on January 1, 2011, requires that Nitrogen Oxide (NOx) does not exceed 9 PPM (Parts per million) with Oxygen, regulated at 3% of the entire firing range, and that Carbon Monoxide (CO) does not exceed 400 PPM across the entire firing range of the new burners. The regulations require the more efficient burning of natural gas and must pass a quarterly inspection by an SCAQMD certified inspector. R.F. MacDonald is the only vendor that provides a burner to replace the existing burners, without replacing the existing two Bryan Boilers. The Boilers are still in excellent condition and would be more costly to replace. The contract will provide for the manufacture, delivery, installation, as well as the testing of two existing non compliant burners. Due to manufacturing lead time, it is necessary to award this contract now, for purchasing in fiscal year 2010 -11. To allow for unanticipated requirements, a five percent contingency has been included in the award amount. 22B -1 Contract Award for Burner Replacement May 3, 2010 Page 2 FISCAL IMPACT Funds are available in the Police Maintenance Machinery & Equipment account (no. 01114403- 66400). I Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: CONTRACT AWARD FOR DELL COMPUTERS (SPEC. NO. 10 -016) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Dell Computer Corporation, for the purchase of computers in an amount not to exceed $19,800. DISCUSSION The Santa Ana Housing Authority (SAHA) administers the Department of Housing and Urban Development's (HUD's) Housing Choice Voucher Program for the City of Santa Ana. SAHA's program has a budget in excess of $27,000,000 annually and serves 2,558 families. This effective, high performing program utilizes a voucher management software program to electronically transmit data to HUD on a weekly basis. In order to maintain the integrity of the program and mandated reporting, SAHA requires reliable desktop computers. The current 17 desktop computers are over seven years old and are reaching their end of life service. The replacement computers, along with an additional notebook for field inspections, will ensure continued processing of the Housing Authority's Voucher Program, servicing the public directly. Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The Western States Contracting Alliance (WSCA) establishes California Multi -State Cooperative Agreements for Commodities, IT Goods & Services, and Telecommunications Goods & Services. WSCA agreements are available to all State of California governmental entities that expend public funds for the acquisition of both goods and services. Dell Computer Corporation is a manufacturer offering WSCA pricing. This purchase, when combined with purchases made by the City with Dell Computer Corporation, exceeds the $25,000 aggregate limit, requiring council approval. 22C -1 Contract Award for Dell Computers May 3, 2010 Page 2 FISCAL IMPACT Funds are available in the Housing Authority Vouchers Administrative account (no.14018760- 66400). Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: r , -�i Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: CONTRACT AMENDMENT FOR GENERAL CONTRACTING SERVICES (SPEC. NO. 10 -018) 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 Amend the contract with KCK Construction Co. for general contracting services by $10,000 for an annual amount not to exceed $35,000. DISCUSSION The City establishes an annual blanket order list consisting of vendors that provide supplies and services utilized by agencies on a consistent basis. General contracting services are required at times by all City departments for the purposes of general maintenance, building modifications, and renovation. The contract for general contracting services provides fixed pricing for multiple trades including carpentry, concrete work, paper hanging, welding, suspended ceiling installation, and sheet metal work for all City departments. Bids have been solicited for a new contract for this service. During the solicitation process, KCK Construction Co. continued to provide uninterrupted service to the City. The amendment will allow for final payment and termination of the previous contract. FISCAL IMPACT Funds are available in the Building Maintenance Facilities account (no. 07310100 - 62300). Francisco Gutierrez Executive Director Finance and Management Services Agency 22D -1 22D -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR PHASE 13 (PROJECT NO.106726) 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 1. Award a contract to Hardy and Harper, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $2,777,000 for construction of Residential Street Repair Phase 13. 2. Approve a Funding Analysis with a total estimated construction cost of $3,387,900. DISCUSSION Phase 13, which is the area bounded by Edinger Avenue, Bristol Street, Warner Avenue, and Fairview Street, is part of the City's comprehensive plan to rebuild residential streets throughout the city. Some of the streets located in this area have been identified as a high priority for rehabilitation in the City's pavement management system. The pavement is deteriorating due to weather, age, and heavy usage. Additionally, some of the adjacent curbs, gutters, sidewalks, cross gutters, and curb ramps are in various states of disrepair and require replacement. The contract provides for recycling of asphalt pavement with the cement treated base reconstruction process or the cold -in -place recycling process, and replacing damaged concrete curbs, gutters, sidewalks, cross gutters, and curb ramps. Once completed, these improvements will enhance the ride quality, surface drainage, and visual appearance of the streets. The Notice Inviting Bids was advertised on March 17 and 19, 2010, and bids were opened on April 7, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 12 Contractors requesting bidding documents: 11 Bids received: 6 Bids received from Santa Ana Contractors: 1 23A -1 Contract Award For Residential Street Repair Phase 13 May 3, 2010 Page 2 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. Hardy & Harper, Inc. Santa Ana $2,777,000 2. All American Asphalt Corona $2,819,880 3. R. J. Noble Company Orange $2,820,689 4. Elite Bobcat Service, Inc. Corona $2,862,650 5. Excel Paving Long Beach $2,989,495 6. Pave West La Habra $3,280,660 A total of six bids were received and all were responsive. The lowest bid was submitted by Hardy and Harper, Inc., for $2,777,000, which is below the Engineer's estimate of $2,801,400. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2010 -038 will be filed for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $3,387,900 for the project (Exhibit 2). Funds are available in the Public Works Program for Residential Street Repair (accounting unit 05817661- 66220). Raul Godinez II Executive Directo Public Works Agency RGNVA Exhibit 1: Project Location Map 2: Funding Analysis APPROVED AS TO FUNDS AND ACCOUNTS: i a Francisco Gutierrez Executive Director Finance & Management Services Agency 7� - �` WISTERIA PL N v PL 7Y1 r a BROOK ST m g i DBBON ST BROOK 5T Q MCFADDEN AV O 1ADDEN A LMCAN LN i^ LN < s g a ADRIN WY IN � r w .awe r G O LALA VE A N LA NA $ WlSHNE A AN WY < < L�J ELDER AV N DER AV ; Z Y O y22 eonrw.Rn .� I 80ROHARO AV BORCHARD � # 'Y H H AV � $ N tlfrASe • V HOOD ■ II I I1C I ul l LI I 311 1 1 I EXHIBIT 1 SANTA ANA CITY COUNCIL Title: AGENDA CONTRACT AWARD FOR P■ I I A ■ RESIDENTIAL STREET REPAIR PHASE 13 r� / DATE: (PROJECT NO. 106726) RWC WOW AGENCY MAY 3, 2010 IN157 FUNDING ANALYSIS PROJECT NO. 106726 RESIDENTIAL STREET REPAIR PHASE 13 Construction Contract $2,777,000 Contract Administration $53,200 Inspection and Testing $180,000 Survey Staking $100,000 Contingencies $277,700 TOTAL ESTIMATED CONSTRUCTION COSTS $3,387.900 Exhibit 2 23A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -01 FOR THE PROPERTY LOCATED AT 2345 N. NORTH PARK BOULEVARD CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with the Sanchez H & G Family Trust, property owners, for the structure located at 2345 N. 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 the Sanchez H & G Family Trust, property owners, for the structure located at 2345 N. North Park Boulevard, subject to non - substantive changes approved by the City Manager and City Attorney at its April 1, 2010 meeting by a vote of 5:0 (Villasenor absent). DISCUSSION After the public hearing on April 1, 2010, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25A -1 HPP Agreement No. 2010 -01 May 3, 2010 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $86.75 to $433.82 annually, for a period of not less than ten years. J .Trevino Executive Director Planning & Building Agency HS:rb hs\historic info \mills act agreements \2345_N_NorthPark \hppa10 -1.cc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez FUJ Executive Director Finance & Management Services Agency Exhibit: A. Historic Resources Commission Staff Report 25A -2 REQUEST FOR Historic Resources Convnission Action 1_ HSTOWRESOURCESCOMMISMNIMIEETM APRIL 1, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -01 FOR THE PROPERTY LOCATED AT 2345 N. NORTH PARK BOULEVARD Prepared by Hally SSoboleske APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO CAk1_1_1 Z4 xecutive Director Planning Manager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with the Sanchez H & G Family Trust, property owners, for the structure located at 2345 N. North Park Boulevard subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Sanchez H & G Family Trust, request the approval of Historic Property Preservation Agreement No. 2010 -01 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Colonial Revival styled residence and garage located at 2345 N. North Park Boulevard and is within the Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25A -3 HPPA No. 2010 -01 April 1, 2010 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the Gear House and categorized as Contributive in April 2010 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). 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. /. bli, Hally Solgleske Associat Planner HS:jm Whistoric into\mills act agreements \2345_N_NorthPark\hppal0 -1.hrc 25A-4 HPPA- 2010 -01 2345 North North Palk Blvd. PLANNING AND BUILDING AGENCY EXHIBIT 1 EXECUTIVE SUMMARY GEAR HOUSE 2345 N. North Park Blvd. Santa Ana, CA 92706 NAME Gear House REF. NO. ADDRESS 2345 N. North Park Blvd. CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1951 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side - gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double -hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320 -326). The Gear 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 style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the combination of the Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Resister CAterta for Evaluabon: (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: (Fran California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 5 State of California — The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRi g PRIMARY RECORD Trinomial NRHP Status Code Other Listings ReWew Code Reviewer Date Page 1 of 4 Resource name(s) or number (assigned by recorder) Gear House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2345 N. North Park Blvd. City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002- 133-16 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) L- shaped in plan, the Gear House is dad in wood siding including board and batten vertical siding on the frontmost bay, and wide ship lap siding and nonorigiral stacked stone banding. The forward facing bay posseses a Dutch gable, and is pierced by attic vent holes in in a one over five pattern. The cross gabled high pitched roof is sheathed in asphalt shingle, and has a front facing dormer and stucco clad chimney protruding from the front facing rooftop. The dormer includes four identical single hung wood windows. This one and a half story Colonial Revival structure has front facing entry with nonodginal dentiled wood trim across the front and an awning over the tripartite window. The awning is held in place with two metal speared supports flanking it. Assymmetrical in design, the roofline has narrow boxed eaves. Fenestration pattern includes a tripartite picture window with twelve lights in the center fixed portion and four light casements flanking either side. The front facing bay is pierced by five three light casement windows. Mature landscape complements the property, and this home is in excellent condition. *123b. Resource Attributes: (list attributes and codes) HP2. Single- family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other *P11. Report Citation: (Cite survey report and other sources, or enter "none') None. P5b. Photo: (view and date) Southwest elevation January 2010 *P6. Date Constructed/Age and Sources: ■historic 1951/City of Santa Ana Building Permits *P7. Owner and Address: Sanchez, H & G Family Trust 2345 N. North Park Blvd. Santa Ana, CA 92706 *P8. Recorded by: Ha11y Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: March 10, 2010 *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 623A (1195) Page 2 of 5 25A -7 *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 5S1 *Resource Name or #: Gear House B1. Historic Name Gear House B2. Common Name: Same B3. Original Use: Single - family Residence *135. Architectural Style: Colonial Revival B4. Present Use: Single - family Residence *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1951 June 11, 1951. 7 room residence and garage. June 19, 1951. Construction pole. February 28, 1975. Plumbing for Clayton Gear. December 3, 1992. Reroof. *137. Moved? ■No DYes ❑Unknown Date: Original Location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: Floyd Rogers *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single - family Residence Applicable Criteria: NR: Z, CR: 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Gear House is architecturally significant as a Colonial Revival style. The first occupants were Clayton and Olive Gear. Clayton Gear was born in 1880 in Illinois and moved into this residence upon retirement. He died in the 1970's, and Olive lived in the home until 4 was purchased by Noble and Judith Hundley. The home was sold to the current residents, the Sanchez family, in 2009. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *614. Evaluator: Hally Soboleske *Date of Evaluation: March 10, 2010 DPR 5238 (1/95) ( -rhis space reserved for official comments.) Page 3 of 5 *610. Significance (continued): Sketch Map 2345 N. North Park Blvd. oa 002 - 133-16 w i w g i *Required information U i State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Gear House 'Recorded by Hally Soboleske 'Date March 70, 2090 M Gontinuatlon ❑ update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Gear House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897 - 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco - styled Old Santa Ana City Hall, the El Toro Marine Base during World War fl, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. in the early post -World War Il years, Floral Park continued its development as numerous smaller, single - family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Gear 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 style. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an intact example of the Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture ". Character - defining exterior features of the Gear House that should be preserved include, but may not be limited to, original exterior materials where extant, roof configuration; and architectural details such as wood tripartite and casement windows. DPR 523L Page 4 of 5 25A -9 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) Gear House *Recorded by Hally Soboleske *Date March 10, 2010 0 Continuation ❑ Update 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. Pleasants, Mrs. J. E. History of Orange County. California. volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Alison Honer Dies at 84," The Santa Ana Joumal. September 21, 1981. "Builder of Honer Plaza Dies," Orange County Register, September 15, 1981. "History of Floral Park. " http.//www. flora! park. coM/ aoe2.himl. "Noted Nursery Operator Dies," Santa Ana Register, August 28, 1957. Santa Ana and Orange County Directories, 1937 -1978. DPR 523L Page 5 of 5 25A -10 MILLS ACT AGREEMENT 2345 North North Park Boulevard Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this May 3, 2010 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City "), and Sanchez H & G Family Trust, (hereinafter referred to as "Owner "), owner of real property located at 2345 North North Park Boulevard, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2345 North North Park Boulevard, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. EXHIBIT 3 -1- 25A -11 MILLS ACT AGREEMENT 2345 North North Park Boulevard Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 3, 2010, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25A -12 MILLS ACT AGREEMENT 2345 North North Park Boulevard Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character - defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25A -13 MILLS ACT AGREEMENT 2345 North North Park Boulevard Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 '' /2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25A -14 MILLS ACT AGREEMENT 2345 North North Park Boulevard Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property, located at 2345 North North Park Boulevard, Assessor Parcel Number, 002 - 133 -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' 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: Sanchez H & G Family Trust Humberto and Gabriela Sanchez, Trustees 2345 North North Park Boulevard Santa Ana, CA 92706 -5- 25A -15 MILLS ACT AGREEMENT 2345 North 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' 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 parries 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. WE 25A -16 MILLS ACT AGREEMENT 2345 North North Park Boulevard Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- CITY OF SANTA ANA DAVID N. REAM City Manager Lotn Humberto Sanchez Gabriela Sanchez MILLS ACT AGREEMENT 2345 North North Park Boulevard Santa Ana, CA 92706 Exhibit A N TR 425 LOT 125 Assessor's Parcel Number: 002 - 133 -16 -8- MILLS ACT AGREEMENT 2345 North North Park Boulevard Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25A -19 MILLS ACT AGREEMENT 2345 North North Park Boulevard Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- MILLS ACT AGREEMENT 2345 North North Park Boulevard Santa Ana, r9 92706 Exhibit C (photographs attached) -11- 2345 N. NORTH PARK BLVD. PHOTO LOCATION MAP NORTH PARK BLVD. 140.00 • 1 • I I I I I I 1 1 1 � 1 • '170.00 GARAGE I 1 1 1 I 1 1 1 I I t t 1 t 1 t NORTH -12- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -02 FOR THE PROPERTY LOCATED AT 1809 NORTH HELIOTROPE DRIVE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Lewis P. Jankowsky Trust, property owners, for the structure located at 1809 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 Lewis P. Jankowsky Trust, property owners, for the structure located at 1809 North Heliotrope Drive, subject to non - substantive changes approved by the City Manager and City Attorney at its April 1, 2010 meeting by a vote of 5:0 (Villasenor absent). DISCUSSION After the public hearing on April 1, 2010, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25B -1 HPP Agreement No. 2010 -02 May 3, 2010 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $114.04 to $570.49 annually, for a period of not less than ten years. Ja Trevino Executive Director Planning & Building Agency HS:rb hs \historic info \mills act agreements\ 1809_N_Heliotrope \hppa10 -2.cc APPROVED AS TO FUNDS AND ACCOUNTS: '�NZLR4�\Z %, - � A --, 1� &-- " - - Francisco Gutierrez fIA1 Executive Director Finance & Management Services Agency Exhibit: A. Historic Resources Commission Staff Report y.. lqr REQUEST FOR Hot= Resources Commosion AclJon ;if1P�',hlPi�iq HgrOFaCRESOLRCESOOMMISSIONNEETINGDA7E APRIL 1, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010-02 FOR THE PROPERTY LOCATED AT 1809 NORTH HELIOTROPE DRIVE Prepared by Hally Soboleske i Executive Director RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Planning Manager Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Lewis P. Jankowsky Trust, property owners, for the structure located at 1809 North Heliotrope Drive subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Lewis P. Janowsky Trust, request the approval of Historic Property Preservation Agreement No. 2010 -02 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Moderne /Art Moderne (Regency variant) styled residence and garage located at 1809 North Heliotrope Drive and is within the Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25B -3 HPPA No. 2010 -02 April 1, 2010 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the Miller House and categorized as Contributive in October 2009 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). 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: 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. C Hally Sob eske Sergio Associate Planner Princir HS:jm hslhistoric infolmills act agreements11809 _N_He1i0tr0pelhppa10 -2.hrc 25B -4 HPPA- 2010 -02 1809 N. Heliotrope Drive PLANNING AND BUILDING AGENCY EXHIBIT 1 25B -6 EXECUTIVE SUMMARY MILLER HOUSE 1809 North Heliotrope Drive Santa Ana, CA 92706 NAME Miller House REF. NO. ADDRESS 1809 North Heliotrope Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1935 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Moderne /Art Moderne The Moderne style encompassed the Modernistic, Streamlined Moderne, and Art Moderne variants. An evolution of the Art Deco style, the Streamlined Moderne flourished during the 1930s and lingered through the decade following World War II in a simplified version. In contrast to the verticality of earlier Art Deco designs, the Streamlined Moderne emphasized the horizontal, through bands of windows, use of decorative raised or incised horizontal lines, railings, flat canopies with banded fascia, and narrow coping at the roofline. Other characteristics include smooth wall surfaces, usually of stucco; metal detailing; glass block windows; rounded corners, porthole windows, and asymmetry. Incorporation of aerodynamic, transportation related imagery, especially nautical, is a signature of the style. In common with the Streamlined Moderne, Art Moderne buildings also tended to be horizontal in emphasis, but tended to be more clean -lined and rectilinear in their massing and detailing than their streamlined counterparts. Art Moderne designs can be recognized by their flat roofs, smooth stucco exteriors, and use of metal casement windows that often meet at the corners of the building. Colonial Revival (Regency Variant) The most universal of ail American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side - gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double -hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors. Popular in the 1930s, the Regency Variant of the Colonial Revival style draws on English rather than American precedents. The Regency Variant often displays a simplified entry and door surround, framed within a metal entry porch with a canopy roof. Simpler in its ornamental program than the Colonial Revival, the Regency Variant also incorporates features such as octagonal windows and metal balconettes formed of simple geometric patterns. (McAlester, 320 -326; 331 -332). SUMMARY /CONCLUSION: EXHIBIT 2 Page 1 of 6 25B -7 The Miller House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of both the Moderne style (Art Moderne variant) and the Colonial Revival style (Regency Variant). Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the combination of the Art Moderne variant of the Moderne style and the Colonial Revival style (Regency Variant) in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. Page 2 of 6 25B -8 State of Callfornia —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listinge Review Code Reviewer Dste Page or number (assigned by recorder) P1. Other Identifier: *P2. Location: ONot for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 9809 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002- 092 -13 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Sheathed in smooth stucco, this two -story residence combines elements of the Art Modeme variant of the Modeme style and the Regency Variant of the Colonial Revival style. The residence is capped by a hipped roof with a low pitch (which makes the hip nearly imperceptible from the sidewalk) and no overhanging eaves. An asymmetrical but balanced design characterizes the residence, which is rectangular in plan. The design composition emphasizes the horizontal, with a band of needed molding marking the division between the first and second stories. Resting on the molding, an iron bakonet forming an abstract geometric pattern extends across the fagade. Centered above the bakonet, applied iron scroll work and a tripartite stained-glass window with wood frames add decorative accent to the second story. Another horizontal accent is provided by a string course that forms a continuous header for the second -story windows. Above, an identical cornice terminates the roof line. Second story windows consist of a pair of six- oversix, wood-framed double -hung sashes and French doors opening onto the bakonet. First -story fenestration follows this pattern, with six- over�six, wood- framed double - hung sashes, two of which are located on the south half of the fagade, and four grouped on the square bay on the north portion of the facade. Located in the central bay of the three-bay fagade, the principal entry consists of a wood paneled door, elevated on two steps and recessed beneath the balconet Extending above the south elevation, an attached, stucco -clad chimney rises above the roof line. Alterations include the addition of an attached garage, capped with a trellis, on the north portion of the fagade, as well as a breakfast room on the south elevation. Otherwise highly intact, the residence is in excellent repair and is enhanced through mature landscaping_ *123b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: ■Building ❑Structure ❑ Obiect ❑Site ❑District OElement of District ❑Other '1311. Report Citation: (Cite survey report and other sources, or enter "none') None. P5b. Photo: (view and date) West elevation January 2009 *P6. Date Constructed/Age and Sources: ■historic 993&City of Santa Ana Building Permits W. Owner and Address: Lewis Janowsky 9809 N. Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: D.Howell Ardila 430 North Halstead Street Pasadena, California 99907 *P9. Date Recorded: February 2, 2009 *1310. Survey Type: Intensive Surrey Update *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record OLinear Feature Record OMilling Station Record ORock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) Page 3 of 6 *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 5S1 *Resource Name or #: Miller House B1. Historic Name: Miller House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Single - family Residence *135. Architectural Style: Modeme (Art Modeme variant), Colonial Revival (Regency Variant) *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1935 November 19, 1935. Residence and garage constructed, $8,500. March 26, 1946. Addition to residence by Nylin Hurd, $2,000. July 3, 1963. Addition of breakfast room, 9 feet x 10 feet, $800. August 8, 1963. Plastering. October 18, 1988. Remodel kitchen and change -out windows and doors. *B7. Moved? ■No OYes OUnknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single- family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Miller House is architecturally significant for its transitional styling, combining aspects of the Modeme style (Art Modeme variant) and the Colonial Revival (Regency Variant). According to the original building permit, dated November 19, 1935, the residence and garage were constructed for Herbert L. Miller and his wife Doris by noted Floral Park developer Alison C. Honer at a cost of $8,500. A native of Texas, Miller moved to Santa Ana by way of San Francisco in circa 1921. By 1936, he had founded Herbert L. Miller, Incorporated, Orange County's distributor for Willard Batteries and Diamond Tires. Miller and his wife, who by 1956 served as vice president of the company over which her husband presided, owned and occupied 1809 North Heliotrope Drive until at 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 Sketch Map Sanbom Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14. Evaluator: Deborah Howell- Ardila *Date of Evaluation: February 2, 2009 (This space reserved for official comments.) ® n �M p O® N a O Oi a -- --ter -- n G O G G O O O 1809 N. Heliotrope Drive 002 - 091 -13 DPR 523B (1195) Page 4 of 6 *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) Miller House 'Recorded by Deborah Howell- Ardila "Data February 2, 2009 ® continuation ❑ update "1310. 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 Miller 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 budderAfton 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 Registerr, 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 - slyled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War 11 years, Floral Park continued its development as numerous smaller, single -family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch We 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 Miller House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of both the Modeme style (Art Modeme variant) and the Colonial Revival style (Regency Variant). Typical features of the Art Modeme style illustrated by the house include its asymmetrical but balanced composition, iron bak;onet with metal balustrade, arranged in a geometric pattem; decorative horizontal reeding uniting the bays of the fagade; smooth stucco finish; pairs of windows grouped at building comers; and emphasis on the horizontal. These features are combined with Colonial Revival (Regency Revival) elements, including the building massing, use of an iron balconet forming abstract geometric pattem, wood - framed, double -hung sash windows; and iron scroll work. Additionally, the house has been categorized as `Contributive" because if 'contributes to the overall character and history" of Santa Ana, and, as an intact example of the combination of the Art Modeme variant of the Modeme style and the Colonial Revival style (Regency Variant) in the Floral Park neighborhood, is a good example of period architecture." Character- defining exterior features of the Miller House that should be preserved include, but may not be limited to, materials and finishes (stucco and metal); roof configuration and detailing; original windows where extant; chimney, • and architectural details such as horizontal banding and moldings; stained -glass windows and applied iron scrollwork; and the squared bay projections. DPR 523L Page 5 of 6 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) Miller House 'Recorded by Deborah Howell - Ardila 'Date February 2, 2009 ® Continuation 17 Update 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. Pleasants, Mrs. J. E. History of Orange County, California, volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Alison Honer Dies at 84," The Santa Ana Joumal. September 21, 1981. "Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. History of Floral Park." htto./ Mrww.floral- paik.coaVDage2.html. Noted Nursery Operator Dies," Santa Ana Register. August 28, 1957. Santa Ana and Orange County Directories, 1937 -1978. Page 6 of 6 DPR 523L MILLS ACT AGREEMENT 1809 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 May 3, 2010 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City "), and Lewis P. Janowsky Trust, (hereinafter referred to as "Owner "), owner of real property located at 1809 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 Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1809 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. EXHIBIT 3 -1- MILLS ACT AGREEMENT 1809 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 May 3, 2010, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- MILLS ACT AGREEMENT 1809 North Heliotrope Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character - defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agree 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- W- MILLS ACT AGREEMENT 1809 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 have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 1 /z) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25B -16 MILLS ACT AGREEMENT 1809 North Heliotrope Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property, located at 1809 North Heliotrope Drive, Assessor Parcel Number, 002 - 092 -13, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner' successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shal respective parties as specified below or at other addresses that parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Lewis P. Janowsky Trust Lewis P. Janowsky, Trustee 1809 North Heliotrope Drive Santa Ana, CA 92706 -5- 25B -17 1 be sent to the address of the may be later specified by the MILLS ACT AGREEMENT 1809 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' 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- 25BA8 MILLS ACT AGREEMENT 1809 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: MARIA D. HUIZAR Clerk of the Council Owner Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Joseph W. Fletcher City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager in I .� Lewis P. Janowsky MILLS ACT AGREEMENT 1809 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A TR 748 LOT 14 (LOT 13 S1/2THEREOF) Assessor's Parcel Number: 002 - 092 -13 -s- W, MILLS ACT AGREEMENT 1809 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. 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- MILLS ACT AGREEMENT 1809 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- 25B -22 MILLS ACT AGREEMENT 1809 Norte Heliotrope Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 1849 NORTH HELIOTROPE DRIVE PHOTO LOCATION MAP HELIOTROPE DRIVE 53.00 • 1 • i I 1 I ■ r i 1 ■ f • HOUSE ■ I 1 ■ 1 I ■ I 1 ■ 1 I f 150.00 f f 1 I I i 1 1 f • r NORTH -12- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -03 FOR THE PROPERTY LOCATED AT 1904 NORTH HELIOTROPE DRIVE CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2 "d Reading ❑ implementing Resolution ❑ Set Public Hearing For CONTINUED TO ✓ f%� FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached agreement with Clark and Patricia Paddock, property owners, for the structure located at 1904 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 Clark and Patricia Paddock, property owners, for the structure located at 1904 North Heliotrope Drive, subject to non - substantive changes approved by the City Manager and City Attorney at its April 1, 2010 meeting by a vote of 5:0 (Villasenor absent). DISCUSSION After the public hearing on April 1, 2010, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25C -1 HPP Agreement No. 2010 -03 May 3, 2010 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $249.77 to $1248.75 annually, for a period of not less than ten years. J y . Trevino Executive Director Planning & Building Agency HS:rb hs\historic info \mills act agreements \1904_N_Heliotrope \hppal0 -3.cc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez W Executive Director Finance & Management Services Agency Exhibit: A. Historic Resources Commission Staff Report 25C -2 REQUEST FOR s Histionc Resources Commission 1 • FaMOLM112SCOMMIS"MEETM DATE APRIL 1, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -03 FOR THE PROPERTY LOCATED AT 1904 NORTH HELIOTROPE DRIVE Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO /?J . - Planning Manager Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Clark and Patricia Paddock, property owners, for the structure located at 1904 North Heliotrope Drive subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Clark and Patricia Paddock, request the approval of Historic Property Preservation Agreement No. 2010 -03 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes an Italian Renaissance styled residence and garage located at 1904 North Heliotrope Drive and is within the Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25C -3 HPPA No. 2010 -03 April 1, 2010 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the Elliott House and categorized as Landmark in February 2003 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). 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. Hally Sobol ke Associate F4anner HS:jm Whistodc inio\mills act agreements11904_N Heliotrope\hppal0 -3.hrc H P PA- 2010 -03 1904 North Heliotrope Drive PLANNING AND BUILDING AGENCY EXHIBIT 1 aaro t F ... .VI8 a �xs 2m rs� r9iao w turd to* two uM r p rirl . t7rrt 17" r�r n rr rsr Me Y 0 97tH 8T 500' RADIUS H P PA- 2010 -03 1904 North Heliotrope Drive PLANNING AND BUILDING AGENCY EXHIBIT 1 25C -6 EXECUTIVE SUMMARY ELLIOTT HOUSE 1904 North Heliotrope Drive Santa Ana, CA 92706 NAME Elliott House REF. NO. ADDRESS 1904 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1931 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT NIA NEIGHBORHOOD Floral Park NATIONAL REGISTER CRITERIA FOR EVALUATION I C NATIONAL REGISTER STATUS CODE 3S Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Italian Renaissance (Late Nineteenth and Twentieth Century Revivals) The late nineteenth and twentieth century revival of the Italian Renaissance style, also known as the Italian Renaissance Revival, was popular from the late nineteenth century until the 1930s. It was inspired by the designs of the palazzi of northern Italy and popularized by American architects McKim, Mead, and White. Utilized on public buildings and commercial buildings, the vocabulary of the style also influenced the appearance of ornate homes. Characteristic features associated with the residential usage of the style generally include masonry or stucco exteriors; hipped tile roofs; pilasters, columns, quoins, and other classical details; and a balanced, often symmetrical appearance. Lower stories are generally emphasized through their proportions and fenestration. Arches are incorporated into the majority of the designs, often referring to Palladian precedents. SUMMARY /CONCLUSION: The Elliott House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its exemplification o €the distinguishing characteristics of the Italian Renaissance (Late Nineteenth and Twentieth Century Revivals) style. The house also contributes to the historic character of Floral Park through its age, style, scale, and historic association with a member of the local professional community. Additionally, the house has been categorized as `Landmark" for its unique architectural significance as an intact and graceful interpretation of the Italian Renaissance (Late Nineteenth and Twentieth Century Revivals) style. (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 3S: Appears eligible for separate listing. EXHIBIT 2 page 1 of 4 Stato of Califomis -- The Resources AS" Primary # DEPARTMENT OF PARRS AND RECREATION HRI d PRIMARY RECORD Trinomial NRHP Status Code OtherlJstlngs Review Code Reviewer Daio Page 1 of 3 Resource name(s) or number (assigned by recorder) Elliott House P1. Other identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 0054 Date: *c. Address 1904 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Location! Data: Assessor's Parcel Number 002-093 -05; TR 748 LOT 36, SEC 1 T 5 R 10 LOT 53 X 155 FT. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Located on a double lot at the northwest comer of Heliotrope Drive and Nineteenth Street, this is a generously scaled home in the Italian Renaissance Revival style. The "T° shaped building consists of a larger, two -story rear (west) wing and a smaller, one -story front wing, both of which are covered with stucco and topped by hipped file roofs. Oriented towards Heliotrope Drive, the fagade is nearly symmetrical in composition. The predominant motif of the design of the house is the arch, used for openings on all three sides of the one -story wing for a recessed, three -bay, arcaded entry porch at the southeast comer of the two -story wing, for a second arcade at the northeast comer, and for lower story windows on the south elevation. Detailing includes cast stone impost moldings and column capitals. The windows are primarily paired, multi -paned casements and French doors. The monumental round - headed openings on the one -story wing feature munffns arranged in a radiating pattern. iron- railed balconies are centered on the south elevation upper story and recessed above the northeast arcade. Columns provide support for the arcades and divide the balconies into bays. A balconet is centered above the entry (See Continuation Sheet 3 of 3.) *133b. Resource Attributes: (list attributes and codes) HP2. Single -famity Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5a. Photo P5b. Photo: (view and date) South and east elevations December 2002 *P6. Date Constructed /Age and Sources: ■historic 1931 1Source: Building Permit *P7. Owner and Address: Clark S. & Patricia L. Paddock 1904 North Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Neumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: January 2, 2003 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "crone') None. *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet NBuilding, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record [Willing Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) Page 2 of 4 *Required Information State of California —The Resources Agency Primary 0 DEPARTMENT OF PARKS AND RECREATION HRIN BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 'NRHP Status Code 3S 'Resource Name or 0: Elliott House B1. Historic Name: Elliott House B2. Common Name: Same B3. Original Use: Single- family Residence B4. Present Use: Single - family residence "135. Architectural Style: Italian Renaissance (Late Nineteenth and Twentieth Century Revivals) *B6. Construction History: (Construction date, alterations, and date of arterations): Constructed in 1931. September 2, 1931. Residence and garage. August 17, 1944. Addition to residence, 15 x 22. April 15, 1957. Swimming pool. January 30, 2001. Reroof, reusing existing tile. February 28, 2001. Remodel kitchen. 'B7. Moved? ■No [Wes OUnknown Date: Original Location: "1218. Related Features: Garage, palm trees, concrete paths. B9a. Architect: Unknown b. Builder: Ball and Honer "B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888 -1953 Property Type: Single- family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Elliott House is architecturally significant as a characteristic example of the comfortably sized and fashionably detailed revival styled homes that were built in Floral Park during the 1920s and 1930s. This Italian Renaissance styled home was built for Dr. Arthur C. Elliott by developers Ball and Honer, using in -house designers. The 1931 cost of construction for the ten - room house was $20,000, a significant sum at the time. The Elliotts retained possession of the property until at least 1975, although the initial resident of the house, according to the 1933 city directory, was Mrs. Marie Turley (no occupation given). Dr. Elliott maintained an office in Anaheim in the late 1930s and early 1940s, he apparently moved into this house in the mid 1940s. (See Continuation Sheet 3 of 3.) 811. Additional Resource Attributes: (List attributes and codes) "B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanbom Maps (See Continuation Sheet 3 of 3.) B13. Remarks: 'B14. Evaluator: Leslie J. Heumann (This space reserved for official comments.) 'Date of Evaluation: January 2, 2003 Sketch Map Elliott House 1904 North Heliotrope Drive a i 0 �r O ti R to nh M v.R DPR 523B (1195) Page 3 of 4 R ' squired 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) Elliott House 'Recorded by Leslie J. Heumann 'Date January 2, 2003 M Continuation 13 Update •123a. Description (continued): arcade. A classical balustrade, punctuated by um- topped pedestals, defines a terrace that wraps both street elevations. Curved concrete paths, scored to resemble flagstones, lead from both streets to the terrace. Palm trees stud the front lawn. in the rear, a one -story guest wing that may be an addition is attached to a hipped roof garage. No other alterations were noted to this highly intact and well- maintained residence. 'B10. Significance (continued): The Elliott 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"( County Register September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each' ( Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War U, 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 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 (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Elliott House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its exemplification of the distinguishing characteristics of the Italian Renaissance (Late Nineteenth and Twentieth Century Revivals) style. Notable in this regard are the symmetrical massing, hipped roof configuration, lower story emphasis through greater height the use of stucco and tile, the incorporation of arches, and the classical detailing of columns and impost moldings. The house also contributes to the historic character of Floral Park through its age, style, scale, and historic association with a member of the local professional community. Additionally, the house has been categorized as °Landmark" for its unique architectural significance as an intact and graceful interpretation of the Italian Renaissance (Late Nineteenth and Twentieth Century Revivals) style. All original exterior features of the Elliott House are considered character - defining and should be preserved, including, but not limited to: materials and finishes, roof configuration, materials, and detailing; massing, windows and doors; terrace, balconies and arcades; chimney; architectural details such as arches, columns, capitals, impost moldings, wing wall, garage; and original landscape features such as the palm trees and concrete paths. '612. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated His Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York. Alfred A. Knopf, 1984. National Register Bulletin 16A. How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. `Builder of Honer Plaza Dies,' Orange County Register. September 15, 1981. History of Floral Park." http.lAvww.floral park.com/page2.html Talbert, Thomas (editor -in- chief). Historical Volume and Reference Works Including Biological Sketches of Leadina Citizens. Volume/. Whittier, Historical Publishers, 1963. Santa Ana City Directory, 1932, 1933, 1939, 1941, 1947. DPR 523L Page 4 of 4 25C -10 MILLS ACT AGREEMENT 1904 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 May 3, 2010 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City "), and Clark and Patricia Paddock, (hereinafter referred to as "Owner "), owner of real property located at 1904 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 Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1904 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. EXHIBIT 3 -1- 25C -11 MILLS ACT AGREEMENT 1904 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 May 3, 2010, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25C -12 MILLS ACT AGREEMENT 1904 North Heliotrope Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character - defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agree 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 1904 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 have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 %) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25C -14 MILLS ACT AGREEMENT 1904 North Heliotrope Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property, located at 1904 North Heliotrope Drive, Assessor Parcel Number, 002 - 093 -05, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner' successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Clark and Patricia Paddock 1904 North Heliotrope Drive Santa Ana, CA 92706 -5- 25C -15 MILLS ACT AGREEMENT 1904 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' 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 1904 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: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council DAVID N. REAM City Manager Owner Date: By: Date: By: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- 25C-17 Clark Paddock Patricia Paddock MILLS ACT AGREEMENT 1904 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A TR 748 LOT 36 AND SEC 1 T5 R 10 LOT 53 X 155 FT Assessor's Parcel Number: 002 - 093 -05 -8- 25C -18 MILLS ACT AGREEMENT 1904 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: 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. 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- MILLS ACT AGREEMENT 1904 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. milli MILLS ACT AGREEMENT 1904 North Heliotrope Drive Santa Ana, CA 91706 Exhibit C (photographs attached) MILLS ACT AGREEMENT 1904 North Heliotrope Drive Santa Ana, CA 92706 -12- 1904 NORTH HELIOTROPE DRIVE PHOTO LOCATION MAP HELIOTROPE DRIVE 50.00 • 1 • 1 I I9 1 IT •H I I HOUSE I i • 125.00 • I 1 I 1 l0 1 1 1 o o I ' GARAG 1 ■ ■ 1 1 ■ NORTH -13- 25C -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -04 FOR THE PROPERTY LOCATED AT 2323 NORTH BONNIE BRAE 1 � CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Jorge and Miriam Galindo, property owners, for the structure located at 2323 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 Jorge and Miriam Galindo, property owners, for the structure located at 2323 North Bonnie Brae, subject to non - substantive changes approved by the City Manager and City Attorney at its April 1, 2010 meeting by a vote of 5:0 (Villasenor absent). DISCUSSION After the public hearing on April 1, 2010, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25D -1 HPP Agreement No. 2010 -04 May 3, 2010 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $52.35 to $261.80 annually, for a period of not less than ten years. Ja M. Trevino Executive Director Planning & Building Agency HS:rb hs\historic info \mills act agreements \2323_ N_BonnieBrae \hppa10 -4.cc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez fill Executive Director Finance & Management Services Agency Exhibit: A. Historic Resources Commission Staff Report 25D -2 REQUEST FOR APRIL 1, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -04 FOR THE PROPERTY LOCATED AT 2323 NORTH BONNIE BRAE Prepared by Hally Soboleske • 3. • • ra, r• T_A r APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Z?kc. Executive Director Planning Manager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Jorge and Miriam Galindo, property owners, for the structure located . at 2323 North Bonnie Brae subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Jorge and Miriam Galindo, request the approval of Historic Property Preservation Agreement No. 2010 -04 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Spanish Colonial Revival styled residence and garage located at 2323 North Bonnie Brae and is within the Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 2501-3 HPPA No. 2010 -04 April 1, 2010 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the Liggett House and categorized as Contributive in October 2009 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). 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 from further review under General Rule Section action is exempt from further review. Hally Sob ske Associate 'Planner HS:jm Whistoric infMmills act agreementst 2323_tJ_BonnieBraelhppal0 -4,hrc Quality Act, the recommended action is exempt 15061(b)(3), and therefore, the recommended 25D -4 HPPA- 2010 -04 2323 North Bonnie Brae PLANNING AND BUILDING AGENCY EXHIBIT 1 Isin �1 HPPA- 2010 -04 2323 North Bonnie Brae PLANNING AND BUILDING AGENCY EXHIBIT 1 o EXECUTIVE SUMMARY LIGGETT HOUSE 2323 North Bonnie Brae Santa Ana, CA 92706 NAME Liggett House REF. NO. ADDRESS 2323 North Bonnie Brae CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1923 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: Spanish Colonial Revival The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama - California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low- pitched roofs, usually with little or no overhangs and red tile roof coverings, Flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY /CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for designation to the Santa Ana Register of Historical Properties, the Liggett House has been listed in the California Register of Historical Resources. The Liggett 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 transitional period in residential architectural design occurring in the mid to late 1930s. 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 transitional period in the mid to late 1930s 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.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. EXHIBIT 2 Page 1 of 5 State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Statue Code Other Ustings Review Code Reviewer Date Page 1 of 4 Resource name(s) or number (assigned by recorder) Lkmtt House P1. Other Identifier: *P2. Location: ❑Not for Publication oUnrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2323 N. Bonnie Brae City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002 - 122 -15 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in smooth, hand - troweled stucco, this Spanish Collonial Revival styled home is topped with a Rat roof, of which, half of the first floor roof doubles as a second floor patio. The front door is heavy wood with a small peep window coveted by a metal gripe, and complemented with sidelights. Each sidelight, as weft as the door opening is marked with an inset arch on top, and three terracotta pipes piercing the area directly above the front door. The front porch entry is sheathed with terracotfa 12'Sr 12" tile, with three steps leading to the front landing. These steps are detailed with glazed Spanish file in a bright blue, terracotta and white pattem. These same tiles adom the capitals of two 36" tall pilasters that stand sentry to the front walkway. These tiles also cover the exterior staircase leading to the second floor deck that is present just to the left of the front door landing. An arched opening highlights both the top and bottom of this exterior staircase, and a "mission bell" hangs from the middle of the top arch. The front entry is flanked by two casement windows with three panes on each section. Another matching casement window is present on the left bay of the front facing gabled elevation. This latter window is ornamented with a wrought iron balconet. The roof of this gable is capped with clay barrel tile, as is the parapet of the first floor elevation above the front door. The second floor also has a flat roof, and is set back from the first floor fagade by approximately 10 feet. As noted, this area is used as a patio area. Fenestration pattern on the second Boor is asymmetrical with a set of French doors with a shed roof topped with barrel tiles, a small single hung wood window just to the left of the set of doors, and one other single hung wood window all the way to the left of the front left upper story. Although the second story was added in 1978, it adds to the architectural merit, and has achieved historic significance of its own time. The house is 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 P51b. Photo: (view and date) West elevation August 2009 *P6. Date ConstructedlAge and Sources: Shistoric 192310ty of Santa Ana Building Permits *P7. Owner and Address: Miriam and Jorge Galindo 2323 N. Bonnie Bree Santa Ana, CA 92706 *P8. Recorded by: Hally Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: August 18, 2009 *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 [Willing Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 623A (1196) Page 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 2D2 *Resource Name or #: Liggett House B1. Historic Name: Liggett House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Single - family Residence *B5. Architectural Style: Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1,923 December, 1923. Residence and garage constructed for $6,500. May 17, 1945. 1 fixture by United Plumbing Co. December 8, 1966. Remodel kitchen for J. Moulsatson December 15, 1966. 16 outs, 2 fixtures, Garbage disposal meter. December 19, 1966. 1 fixture by A. Plumbing. January 12, 1978. 20Q story addition for G. Auger by Ray Hicks. ($13, 700). February 2, 1978. Plumbing, 5 fixtures, 1 w/h, 1 alterations repair. March 20, 1978. 416sf residential for G. Auger by Ray Hicks. June 27, 1978. Electrical, 1 meter for J. Auger by Ray Hicks. August 21, 1979. Statement of Fad letter, Paid $15 by Mary Cayo. March 22, 1988. Patio cover, 304sf. *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 2D2 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Liggett House is architecturally significant as an intact example of an Spanish Colonial Revival -style building in Floral Park. According to the original building permit, dated December of 1923, the residence and garage were constructed for Delbert E. and Ruby Liggett for a cost of $6,500. Mr. Liggett was the ownerlmanager of Liggett Lumber Company which operated on Fruit Street Liggett Lumber opened in 1925 and continued to operate into the late 1940's. in 1935, directories listed their daughter, Florence Liggett, as living with them and showed an occupation of student By 1941, it appears that Florence had moved from the residence. 1945 brought phone service to the Liggett Home, but by 1947, the Liggett's moved to 1522 N. Sycamore and Mr. Liggett's occupation was shown as reallor. The home on Bonnie Brae was rented and occupants were listed as `transient". in 1952, Harry and Merrill Dysart moved into the house, with Mr. Dysart's occupation being a piano tuner with an office on Main Street. The house then changed several times unfit 1962 when Weldon and Jane Warick moved into the home. Mr. Warick was an accountant. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) Sketch Map 002- 122 -15 *812. References: " 2323 North Bonnie Brae City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanbom Maps ° Hams, Cyril M. American Architecture: An Illustrated Encvclonedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. O (See Continuation Sheet 3 of 4.) Q B13. Remarks: O O *844. Evaluator: Hally Sobolaske t *Date of Evaluation: August 12, 2009 s O Page 3 of 5 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRi # CONTINUATION SHEET Trinomial Page 3 of 4 *Recorded by Hally Soboleske DPR 523B (1195) *B10. Significance (continued): Resource Name or # (Assigned by recorder) Liggett House *Date August 18, 2009 ® Continuation ❑ Update *Required information 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 dty 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 Liggett House is located in Floral Paris, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897 - 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" ( Orenge County Resister. September 15, 1981). The parcel chosen became the Floral Paris 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 Resister. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the El Toro Marine Base during Word War /l, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War Il years, Floral Park continued its development as numerous smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Liggett 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 pattems, 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 Liggett House, has been listed in the California Register. The Liggett 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 illustrated by the house include its asymmetrical composition; stucco cladding with flat roof and terracotta barrel file roofing material. 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 transitional period in the mid to late 1930s in the Floral Park neighborhood, "is a good example of period architecture. " Character - defining exterior features of the Liggett 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, exterior staircase; architectural details such as balconets. 1 Determination of Eligibility, February 25, 1980. DPR 523L Page 4 of 5 State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Liggett House *Recorded by Hally Soboleske *Date August 18, 2009 ® Continuation 0 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. "Instructions 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 Joumal. September 21, 1981. Builder of Honer Plaza Dies," Orange County Register, September 15, 1981. History of Floral Park." http:/Avww .floral- oarir.coaVDage2.htrn DPR 523L Page 5 of 5 25D -12 MILLS ACT AGREEMENT 2323 North 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 May 3, 2010 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City "), and Jorge and Miriam Galindo, (hereinafter referred to as "Owner "), owner of real property located at 2323 North 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 Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2323 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. EXHIBIT 3 -1- MILLS ACT AGREEMENT 2323 North 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 May 3, 2010, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 915 MILLS ACT AGREEMENT 2323 North 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 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 agree 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- MILLS ACT AGREEMENT 2323 North 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 have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- MILLS ACT AGREEMENT 2323 North 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 subject the Historic Property, located at 2323 North Bonnie Brae, Assessor Parcel Number, 002 - 122 -15, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner' successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Jorge and Miriam Galindo 2323 North Bonnie Brae Santa Ana, CA 92706 Isle MILLS ACT AGREEMENT 2323 North 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' 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- W 9 -9 Feee MILLS ACT AGREEMENT 2323 North 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: MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- CITY OF SANTA ANA DAVID N. REAM City Manager By: Jorge Galindo By: Miriam Galindo MILLS ACT AGREEMENT 2323 North Bonnie Brae Santa Ana, CA 92706 Exhibit A LOT 227 OF TRACT NO. 425, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGES 33 -34 MISCELLANEOUS OF MAPS, IN THE OFFICE OF THE COUNTRY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002- 122 -15 -8- MILLS ACT AGREEMENT 2323 North 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: Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25D -21 MILLS ACT AGREEMENT 2323 North 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. MILLS ACT AGREEMENT 2323 North Bonnie Brae Santa Ana, CA 92706 Exhibit C (photographs attached) MILLS ACT AGREEMENT 2323 North Bonnie Brae Santa Ana, CA 92706 -12- 2323 NORTH BONNIE BRAE PHOTO LOCATION MAP BONNIE BRAE 5o.oa O 1 1 1 1 1 1 , 1 0 1 1 1 125.00 • 1 1 I 1 1 1 2 0 1 1 ; I I ; 1 1 NORTH -13- 25D -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -06 FOR THE PROPERTY LOCATED AT 2134 NORTH ROSS STREET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 st 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 Tristen and Joanne Beamon, property owners, for the structure located at 2134 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 Tristen and Joanne Beamon, property owners, for the structure located at 2134 North Ross Street, subject to non - substantive changes approved by the City Manager and City Attorney at its April 1, 2010 meeting by a vote of 4:0 (O'Callaghan abstained, Villasenor absent). DISCUSSION After the public hearing on April 1, 2010, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25E -1 HPP Agreement No. 2010 -06 May 3, 2010 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $126.01 to $629.94 annually, for a period of not less than ten years. Q),Kk Ja . Trevino Executive Director Planning & Building Agency HS:rb hs \historic info \mills act agreements 12134_N_Rosslhppal0 -6.cc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez FUJ Executive Director Finance & Management Services Agency Exhibit: A. Historic Resources Commission Staff Report 25E -2 REQUEST-FOR Hiistow Resources i APRIL 1, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -06 FOR THE PROPERTY LOCATED AT 2134 NORTH ROSS STREET Prepared by Hally Soboleske APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO ZV. rw Executive Director Planning Manager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Tristen and Joanne Beamon, property owners, for the structure located at 2134 North Ross Street subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Tristen and Joanne Beamon, request the approval of Historic Property Preservation Agreement No. 2010 -06 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Tudor Revival styled residence and garage located at 2134 North Ross Street and is within the Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A HPPA No. 2010 -06 April 1, 2010 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the Conklin House and categorized as Contributive in April 2010 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). 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: Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental from further review under General Rule Section action is exempt from further review. Hally So leske Associate Planner HS: jm Whistodc infolmills act agreementst2134 _N_Ross\hppal0 -6.hrc Quality Act, the recommended action is exempt 15061(b)(3), and therefore, the recommended HE 1 -4 H PPA- 2010 -06 2134 North Ross Street PLANNING AND BUILDING AGENCY EXHIBIT 1 EXECUTIVE SUMMARY CONKLIN HOUSE 2134 North Ross Street Santa Ana, CA 92706 NAME Conklin House REF. NO. ADDRESS 2134 North Ross Street 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 5S1 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: The Conklin House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the combination of the Tudor Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 5 State of Calftirnia —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATIM HRI ti PRIMARY RECORD Trinomial NRii� Status Code Ottwr Listlirlgs Review Coda Reviewer Date Page 1 of or number (assigned by recorder) Conklin House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2134 North Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002 - 112 -13 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in smooth finish stucco, and a crass gabled high pitched roof clad in asphalt shingles, this one and a half story Tudor Revival structure has an arched main entry trimmed with terra cotta tiles and keystone. The front elevation is asymmetrical in design. Narrow eaves with slim exposed faux rafter tails mark the ends of the rooftine. The structure has a single front facing gable pierced with a an elongated rectangular attic vent. All window openings on the front facing elevation are trammed with terracotta tiie and small keystone matching that of the front entry. The front facing picture window is tripartite in design with a fixed center and three light casement windows flanking each side. Two other front facing windows ans paired three light casements. The front porch is composed of concrete flooring and bu#nosed used brick tdm, which is not original but is compatible with the design. A meandering used brick path complements the front yard landscape. The residence appears highly intact, and in excellent condition. *153b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. P5b. Photo: (view and date) East elevation January 2010 *P6. Date ConstructedlAge and Sources: shistoric 1931/City of Santa Ana Building Permits *P7. Owner and Address: Tristan and Joanne Beamon 2134 North Ross Street Santa Ana, CA 92706 *P8. Recorded by: Halty Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: March 10, 2010 *P10. Survey Type: Intensive Survey Update *Attachments: ONone ❑Location Map OSketch 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 (I W) Page 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 5S1 *Resource Name or #: Conklin House B1. Historic Name Conklin House B2. Common Name: Same B3. Original Use: Single- family Residence *135. Architectural Style: Tudor Revival B4. Present Use: Single- family Residence *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1931 January 14, 1931. Residence and garage for Roy Russell, valuation $5, 000. February 7, 1944. One fixture by Pacific Plumbing. March 22, 1971. Electrical –two motors and meter by Able Electrical. March 22, 1971. Gas pipe and air handler by City Heating. *B7. Moved? ■No OYes OUnknown Date; Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Roy Russell *121110. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single - family Residence Applicable Criteria: NR: Z, CR: 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Conklin House is architecturally significant as a TudorRevival style. /t was built by Roy Russell, a prolific and notable local contractor, as a speculative venture. The first occupants were Irwin and Gertrude Clyde, but they only remained in the home until 1934 when William and Lottie Mae White took up residence in 1934. William was the Orange County Court Reporter. They lived in the house until 1937 when they moved to a home on Bonnie Brae.. That year, William and Lucy Conker purchased the home. They were ranchers by trade, but retired to this home. in 1947, Mr. Conklin died, and Lucy continued to live in the house until at least 1956. After that time, the house was sold several times until the current owners, the Beamons, purchased the home in 2003. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *121112. 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: Hally Soboleske *Date of Evaluation: March 10, 2010 (This space reserved for official comments.) DPR 5238 (1195) Page 3 of 5 S0210, 4 North Ross St. - 112 -13 _ s • O O • O O *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) Conklin House - Kecordea Dy rrany ,�i000iesue *Date March 10, 2010 IM Continuation ❑ Update '1310. 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 cone 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 Conklin 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 Registerr, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s, Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1,960 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 budder, Roy Roscoe Russell (1881 - 1965), continued developing the groves of Floral Park. An earty 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 Russells 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 Conklin House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history" of Santa Ana, and, as an intact example of the Tudor Revival style in the Floral Park neighborhood, "is a good example of period architecture", as well as its association with the Orange County Court Reporter, William White. Character-defining exterior features of the Conklin House that should be preserved include, but may not be limited to, exterior materials and; roof configuration and detailing; original window configuration where extant,' and architectural details such as wood tripartite and casement windows, steep pitched front facing gable, and front porch entry configuration. Page 4 of 5 DPR 523L 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) Conklin House 1%0:vrvea oy many O000iesxe -Date March 10, 2010 M Continuation ❑ Update 1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. -How to Complete the National Register Registration Form." Washington DC. National Register Branch, National Paris Service, US Dept of the Interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources. " Sacramento: March 1995. Pleasants, Mrs. J. E. History of Orange County, California. volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Alison Honer Dies at 84," The Santa Ana Jouma/ September 21, 1981. Builder of Honer Plaza Dies," Orange County Registerr, September 15, 1981. History of Floral Park." htto. /Avww .floral- park.com/oage2.html. Noted Nursery Operator Dies," Santa Ana Register, August 28, 1957. Santa Ana and Orange County Directories, 1937 -1978. Page 5 of 5 DPR 523L MILLS ACT AGREEMENT 2134 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 May 3, 2010 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City "), and Tristen and Joanne Beamon, (hereinafter referred to as "Owner "), owner of real property located at 2134 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 Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2134 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. EXHIBIT 3 -1- MILLS ACT AGREEMENT 2134 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 continence on May 3, 2010, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25E -12 MILLS ACT AGREEMENT 2134 North Ross Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character - defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agree 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 -13 MILLS ACT AGREEMENT 2134 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 have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the. City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 %s) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25E -14 MILLS ACT AGREEMENT 2134 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 subject the Historic Property, located at 2134 North Ross Street, Assessor Parcel Number, 002 - 112 -13, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner' successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Tristen and Joanne Beamon 2134 North Ross Street Santa Ana, CA 92706 -5- MILLS ACT AGREEMENT 2134 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' 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. IVE MILLS ACT AGREEMENT 2134 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: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph W. Fletcher City Attorney DAVID N. REAM City Manager Los -7- 25E -17 Tristen Beamon Joanne Beamon MILLS ACT AGREEMENT 2134 North Ross Street Santa Ana, CA 92706 Exhibit A N TR 946 LOT 8 Assessor's Parcel Number: 002 - 112 -13 WE 25E -18 MILLS ACT AGREEMENT 2134 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. 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. 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- MILLS ACT AGREEMENT 2134 North Ross Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- 25E -20 MILLS ACT AGREEMENT 2134 North Ross Street Santa Ana, CA 92706 Exhibit C (photographs attached) ue MILLS ACT AGREEMENT 2134 North Ross Street Santa Ana, CA 92706 -12- MILLS ACT AGREEMENT 2134 North Ross Street Santa Ana, CA 92706 -13- 2134 NORTH ROSS STREET PHOTO LOCATION MAP ROSS 50.00 HOUSE o 184.74 • �o o o NORTH -14- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -07 FOR THE PROPERTY LOCATED AT 2454 NORTH HELIOTROPE DRIVE 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 Sayo Yokoi and Hector R. Alvarez, property owners, for the structure located at 2454 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 Sayo Yokoi and Hector R. Alvarez, property owners, for the structure located at 2454 North Heliotrope Drive, subject to non - substantive changes approved by the City Manager and City Attorney at its April 1, 2010 meeting by a vote of 5:0 (Villasenor absent). DISCUSSION After the public hearing on April 1, 2010, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25F -1 HPP Agreement No. 2010 -07 May 3, 2010 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $64.12 to $320.53 annually, for a period of not less than ten years. Jay �. Trrevino Executive Director Planning & Building Agency HS:rb hs \historic infolmilis act agreements \2454_N_Heliotrope \hppal0 -7.cc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit: A. Historic Resources Commission Staff Report 25F -2 � 1 REQUEST • 1­11SMWRESOURCESCOMMKOMMEETM DATE 'dIIIrIUl�lil, APRIL 1, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -07 FOR THE PROPERTY LOCATED AT 2454 NORTH HELIOTROPE DRIVE Prepared by Hally Soboleske APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planning Manager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Sayo Yokoi and Hector R. Alvarez, property owners, for the structure located at 2454 North Heliotrope Drive subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Reauest of Applicant The applicants, Sayo Yokoi and Hector R. Alvarez, request the approval of Historic Property Preservation Agreement No. 2010 -07 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Tudor Revival styled residence and garage located at 2454 North Heliotrope Drive and is within the Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A HPPA No. 2010 -07 April 1, 2010 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the J.C. Smith House and categorized as Contributive in October 2009 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). 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: 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. Hally Sobo ske Associate Planner HS:jm Whistoric infolmills act agreements12454 N_Heliotropelhppa10 -7.hrc OR WORM PARK BLVI) Emm 500' RADIUS HPPA-2010-07 2454 N. Heliotrope Drive PLANNING AND BUILDING AGENCY EXHIBIT I 2!;F-5 J,Ti A? 25F -6 EXECUTIVE SUMMARY J.C. SMITH HOUSE 2454 North Heliotrope Drive Santa Ana, CA 92706 NAME J.C. Smith House REF. N0. ADDRESS 2454 North Heliotrope Drive CITY Santa Ana ZIP 1 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 5S1 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. Horn in the late 19"' century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. The J. C. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the combination of the English Revival variant of the Tudor style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Resister Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 5 State of Csifrraia — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listlngs Review Code Reviewer Dabs 4 or ntunber (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 2454 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002- 063-05 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Sheathed in smooth stucco, this one and a haff-simy residence is a Tudor Revival style. The residence is capped by a steeply pitched roof with asphalt tabbed shingles. The front steep gable is pierced by an attic vent and the lower front gable has exposed vertical beams. Beneath that, the front porch steps are composed of concrete with brick veneer flanking each side of the heavy wood front door. A chimney with brick matching that of the front entry rises above the roof on the west side of the house. Two tripartite wood windows are present on either side of the front entrance, each with a fixed middle window with a four light transom and eight light casements on each side of the fixed window. A nonoriginal metal lantem graces the front entry, and the property is enhanced with mature and lush landscape. Alterations include a fence utilizing brick pilasters and wrought iron fencing surrounding the front yard. *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 2009 *P6. Date Constructed/Age and Sources: ■historic 1934/CNy of Santa Ana Building Permits *P7. Owner and Address: Hector R. and Sayo Yokoi Alvarez 2454 N. Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: Hally Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: August 22, 2009 *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 ❑Melling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) Page 2of5 *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 5S1 nvowurr.e name or rr. ,!. l,. aman riouse B1. Historic Name: J. C. Smith House B2. Common Name: Same B3. Original Use: Single- family Residence B4. Present Use: Single - family Residence *135. Architectural Style: Tudor Revival *66. Construction History: (Construction date, alterations, and date of alterations): Constructed 1934 August 14, 1934. Residence and garage constructed, $4, 500. July 6, 1939. Termite treatment by Temtinix $195. September 25, 1984. Water piping, meter relocation. *B7. Moved? ■No [Wes ❑Unknown Date: Original Location: *B8. Related Features: None. 139a. 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: 3, CR: 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The J. C. Smith House is architecturally significant as it exemplifies the Tudor Revival style. It was built for John and Annette Smith. John Smith was an oil worker for the Holly Development Company which was a subsidiary of the Holly Sugar Company who had a factory in Santa Ana during that time. The sugar company diversified into oil production and land development and was the parent company to: Holly Oil Company, Holly Development Company, Southern California Sugar Company, and the Santa Ana Sugar Company. Mr. Smith was an oil pumper for the company, an occupation which entails controlling the flow of oil from a steam, gas, electric, or diesel oil pump. Annette Smith passed away in 1948. On or about that time, Mr. Smith retired. He continued to live in the residence until 1956, having lived in the home for over 22 years, and after which time, the occupancy changed many times. (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 Sanbom Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14. Evaluator: Holly Soboieske *Date of Evaluation: August 22, 2oo9+ (This space reserved for official comments.) DPR 523B (1195) Page 3 of 5 *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) J. C Smith House Recorded by marry s000resKe 'Date August 22, 2009 IM Continuation 13 Update '810. 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 cone 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 J. C. Smith House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developerand 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. "Men built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s, Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco - styled Old Santa Ana City Hall, the El Toro Marine Base during World War Il, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. in the early post World War Il years, Floral Park continued its development as numerous smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The J. C. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of both the Tudor Revival style. Typical features of the Tudor Revival style illustrated by the house include its asymmetrical but balanced composition; exposed beams, steeply pitched roof and smooth stucco finish. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and as an intact example of the combination of the Tudor Revival style in the Floral Park neighborhood, is a good example of period architecture." Character - defining exterior features of the J. C. Smith House that should be preserved include, but may not be limited to, materials and finishes (stucco and beams); roof configuration and detailing; original windows where extant; chimney, • and architectural details such as wood tripartite windows, bay projections, and brick details. DPR 523L Page 4 of 5 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) J. C Smith House Recorded by nany 0000resxe 'Date August 22, 2009 1@ Continuation ❑ Update 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. Peasants, Mrs. J. E. History of Orange County, Californ ia. volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Alison Honer Dies at 84, " The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies," Orange County Register: September 15, 1981. "History of Floral Park." http. *IAvww .floral- park.com1page2.html. Noted Nursery Operator Dies," Santa Ana Register, August 28, 1957. Santa Ana and Orange County Directories, 1937 -1978. Page 5 of 5 DPR 523L 25F -12 MILLS ACT AGREEMENT 2454 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 May 3, 2010 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City "), and Sayo Yokoi and Hector R. Alvarez, (hereinafter referred to as "Owner "), owner of real property located at 2454 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 Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2454 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. EXHIBIT 3 -I- MILLS ACT AGREEMENT 2454 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 May 3, 2010, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- MILLS ACT AGREEMENT 2454 North Heliotrope Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character - defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agree 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- MILLS ACT AGREEMENT 2454 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 have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 %) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25F -16 MILLS ACT AGREEMENT 2454 North Heliotrope Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property, located at 2454 North Heliotrope Drive, Assessor Parcel Number, 002- 063 -05, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner' successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. S. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Sayo Yokoi and Hector R. Alvarez 2454 North Heliotrope Drive Santa Ana, CA 92706 -5- 25F -17 MILLSACTAGREEMENT 2454 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' 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- MILLS ACT AGREEMENT 2454 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: MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- CITY OF SANTA ANA DAVID N. REAM City Manager By: Hector R. Alvarez By: Sayo Yokoi MILLS ACT AGREEMENT 2454 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A N TR 946 LOT 8 Assessor's Parcel Number: 002 - 063 -05 -8- MILLS ACT AGREEMENT 2454 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: 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. 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- MILLS ACT AGREEMENT 2454 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- MILLS ACT AGREEMENT 2454 North Heliotrope Drive Santa Ana, CA 92706 Exhibit C (photographs attached) MILLS ACTAGREEMENT 2454 North Heliotrope Drive Santa Ana, CA 92706 -12- 2454 NORTH HELIOTROPE DRIVE PHOTO LOCATION MAP HELIOTROPE 5$.04 I , I , 1 , 130.00 • I , o� I , 1 � NORTH -13- 25F -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: AGREEMENT FOR DOMESTIC WATER QUALITY TESTING SERVICES 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 two -year agreement with the option to extend for a second two -year term at the same contract amount for domestic water quality testing with Clinical Laboratory of San Bernardino, Inc. in the biennial not -to- exceed amount of $104,918 subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The California Department of Health Services, in accordance with Title 22 of the California Code of Regulations, enforces the primary and secondary drinking water standards for public water systems. Compliance with these standards requires laboratory testing of the City's water system by a State - approved laboratory. The current City contract for water quality testing will expire in June 2010. Therefore, Request for Proposals to provide the required testing were sent to five laboratories. Four proposals were received and evaluated by a three - member selection committee. Following the rating of the laboratories, the fee proposals of the top three rated laboratories were opened. The composite ratings and requested fees are as follows: TestAmerica Clinical Laboratory of San Bernardino, Inc. E. S. Babcock and Sons, Inc. 25G -1 RATING FEE 92.7 $100,372 91.0 $ 95,380 84.7 $181,472 Agreement for Domestic Water Quality Testing Services May 3, 2010 Page 2 Staff recommends that the number - two -rated firm of Clinical Laboratory of San Bernardino, Inc. be retained for this service. This recommendation is based on the following: 1. They were highly rated on the basis of experience, qualifications, and excellent past service record by all three members of the selection committee. 2. They have been providing water quality testing as a state - approved laboratory since 1968 and are the City's current contract laboratory. 3. Their fee is the most competitive. Staff further recommends that a 10 percent contingency be included in the agreement for a not - to- exceed biennial amount of $104,918. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Quality and Measurement program (accounting unit 06017644- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: r-- Raul Godinez If H Francisco Gutierrez Executive Directo Executive Director Public Works Agency Finance & Management Services Agency RG/TD /mz Exhibit 1: Agreement 25G -2 AGREEMENT FOR PROVISION OF WATER QUALITY TESTING SERVICES THIS AGREEMENT, made and entered into this 3rd day of May, 2010 by and between Clinical Laboratory of San Bernardino, Inc., 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 domestic water quality testing. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide domestic water quality testing in accordance with "Standard Methods ", Title 22 of the California Code of Regulations, entitled "California Domestic Water Quality and Monitoring Regulations ", and the Code of Federal Regulations. Such testing shall include bacteriological quality, general physical quality, general mineral, nitrate /nitrite, inorganics, fluoride, haloacetic acids and total triahalomethanes. All work shall be performed in accordance with City's Request for Proposals dated February 2010, attached hereto as Exhibit A, and incorporated by reference. 2. DELIVERY OF WORK PRODUCT - OWNERSHIP Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by CONSULTANT, pursuant to this Agreement shall be the property of CITY. CONSULTANT agrees to provide CITY with any such materials whenever requested to do so. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Proposal, attached hereto as Exhibit B, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $104,918.00 during the term of this Agreement. EXHIBIT 1 25G -3 b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on July 1, 2010 and terminate on June 30, 2012, unless terminated earlier in accordance with Section 13, below. The City may extend the term for an additional two year period upon the exercise of an option executed by the Executive Director of Public Works and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 25G -4 d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the 25G -5 Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 facsimile (714) 647 -6956 With courtesy copies to: Public Works — Water Quality Coordinator City of Santa Ana 220 S. Daisy Avenue (M -85) Santa Ana, California 92703 facsimile (714) 647 -3345 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -6515 To Consultant: Clinical Laboratory of San Bernadino 21881 Barton Road Grand Terrace, California 92313 Facsimile (909) 825 -7693 A party may change its address by giving notice in writing to the other party. Thereafter. any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25G -6 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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 25G -7 shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA R. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney MA Laura Sheedy Assistant City Attorney 25G -8 CITY OF SANTA ANA DAVID N. REAM City Manager CLINICAL LABORATORY OF SAN BERNADINO BOB GLAUBIG Laboratory Director Tax ID # EXHIBIT A SCOPE OF WORK A. SAMPLING BACTERIOLOGICAL QUALITY a. Routine: Samples shall be collected by the Consultant, in appropriate sterilized bottles to which a chlorine reducing agent has been properly added, on a weekly basis at 50 designated sample points (Table 1). Total coliform analyses will be conducted using either the multiple tube fermentation method analyzing a minimum of 100 -m1 of water either with using 5 -tube 20 -m1 portions or 10 -tube 10 -m1 portions, the membrane filter technique, the presence /absence (P -A) coliform test, or the minimal medium (Coliform) test. Reporting of positive samples shall be based on the presence or absence of coliforms in each sample rather than an estimation of coliform density. Upon detecting that either a routine or repeat sample is either total coliform or fecal coliform positive, or a sample is invalidated due to interference problems, the Consultant shall notify the City within twenty -four hours. To complete the notification, consultant must contact a live individual. Voice mail and faxed notifications will only be a secondary means of notification. The appropriate contact person for the City is the Water Services Quality Inspector at (714) 647- 3341 or the Water Services Quality Coordinator at (714) 647 -3316. When voice mail is used to leave a message, the Consultant shall contact the City's Dispatch Office at (714) 647 -3380 between the hours of 7:00 a.m. and 3:30 p.m. If notification is required during a weekend or holiday, the Water Services Quality Inspector should be contacted at (714) 371 -6779. In addition, a copy of the City's Emergency Notification Plan (Attachment A) is attached. In the event that the Consultant is unable to contact the City within 24 hours, the Consultant shall notify the Department of Public Health, Drinking Water Field Operations Branch, Santa Ana District, at (714) 558 -4410. Upon detecting that a routine or repeat sample is total coliform positive, the Consultant shall perform a fecal coliform test. The Consultant shall, within twenty -four hours after notifying the City that a single routine sample is total coliform positive, collect three repeat samples. One shall be from the same total coliform positive sample point. The other two locations shall be determined by the City, one to be located within five service connections upstream and the other within five service connections downstream of the total coliform positive sample point (Table 3). If total coliforms are detected in any repeat sample, the Consultant must within twenty -four hours, after notifying the City that a repeat sample is total coliform positive sample, collect another set of repeat samples from the same locations. 25G -9 b. Water Mains or System Repairs: Samples shall be collected by the City in appropriate sterilized bottles provided by the Consultant to which a chlorine reducing agent had been properly added. Sampling may consist of two samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. The Consultant shall notify the City of the results by fax within four hours of the completion of the test. C. Wells: Samples shall be collected by the City in appropriate sterilized bottles provided by the Consultant to which a chlorine reducing agent has been properly added. Sampling shall consist of twenty samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. d. Customer Complaint: Samples shall be collected by the City in appropriate sterilized bottles provided by the Consultant to which a chlorine reducing agent has been properly added. Sampling may consist of four samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. 2. HETEROTROPHIC PLATE COUNT Samples shall be collected by the Consultant in appropriate sterilized bottles to which a chlorine reducing agent has been added on a weekly basis at the same time and at the same 50 designated sample points (Table 1). Consultant shall use the necessary dilutions to report the results at concentrations up to 500 colony forming units per milliliter. 3. TOTAL CHLORINE RESIDUAL Samples shall be field analyzed by the Consultant on a weekly basis at the same time and at the same 50 designated sample points (Table 1). DPD method of analysis and the reading shall be made by the means of a colorimeter. Color disc is not acceptable. Results must be reported to 0.1 mg/l. Colorimeter must be calibrated per the manufacturers requirements. 4. GENERAL PHYSICAL QUALITY a. Routine: the Consultant shall collect Samples in appropriate sample bottles on a monthly basis at the 50 designated sample points (Table 1). The analysis shall consist of turbidity, odor, color, field pH, and temperature. b. Customer Complaint: Samples shall be collected by the City in specially prepared sample bottles provided by the Consultant and may consist of four samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. The analysis shall consist of turbidity, odor, and color. 5. GENERAL MINERAL Samples shall be collected by the City in specially prepared sample bottles provided by the Consultant and may consist of twenty samples on a yearly basis and shall be picked 25G -10 up the Consultant at the City Corporate Yard Meter Shop within twenty -four hours of notification. 6. INORGANICS Samples shall be collected by the City in specially prepared sample bottles provided by the Consultant and may consist of twenty samples on a yearly basis and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twenty -four hours of notification. 7. TRIHALOMETHANES The City shall collect samples in specially designed sample vials containing a chlorine reducing agent and sealed with TFE -faced septa and screw caps. It shall consist of twelve samples on a quarterly basis beginning in February and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. 8. 1 ALOACETIC ACIDS The City shall collect samples in specially designed sample vials containing crystalline NH4C1, which converts free chlorine to a combined chlorine residual and sealed with TFE -faced septa and screw caps. It shall consist of twelve samples on a quarterly basis beginning in February and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. 9. NITRATE/NITRITE Samples shall be collected by the City in specially prepared sample bottles and shall consist of six nitrate samples on a monthly basis and an additional six samples on a quarterly basis. Nitrite samples shall consist of nine samples on a semi - annual basis. The Consultant shall pick up samples at the City Corporate Yard Meter Shop within twelve hours of notification. Upon detecting nitrate level above the MCL of 40 mg/1 as NO3 is exceeded, the Consultant shall notify the City within twenty -four hours. To complete the notification consultant must contact a live individual. Voice mail and faxed notifications will only be a secondary means of notification. The appropriate contact person for the City is the Water Services Quality Inspector at (714) 647 -3341 or the Water Services Quality Coordinator at (714) 647 -3316. When voice mail is used to leave a message, the Consultant shall contact the City's Dispatch Office at (714) 647 -3380 between the hours of 7:00 a.m. and 3:30 p.m. If notification is required during a weekend of holiday, the Water Services Quality Inspector may be contacted at (714) 371 -6779. In addition, a copy of the City's Emergency Notification Plan (Attachment A) is attached. In the event that the Consultant is unable to contact the City within 24 hours, the Consultant shall notify the Department of Public Health, Drinking Water Field Operations Branch, Santa Ana District, at (714) 558 -4410. 25G -11 10. FLUORIDE Samples shall be collected by the Consultant, in appropriate sterilized bottles on a monthly basis at the 10 designated sample points (Table 1). B. REPORTING REQUIREMENTS 1. Reports: The Consultant shall provide the following information within seven days of the completion of each analysis: a. Name of the laboratory and either the person responsible for performing the analysis or the laboratory director. b. Date of report. C. The analytical method used. d. The name, date, and time of sampling and identification of the person who collected the sample. e. Identification of the sample as a routine, repeat, replacement, or "other" sample when appropriate. 2. Chain of Custodv: The Consultant shall provide to the City chain of custody forms for each sample collected by the City when the Consultant provides the necessary sample container. 25G -12 FEE PROPOSAL (Number of samples are an estimated annual amount) 1. BACTERIOLOGICAL QUALITY a. Routine Total Coliform 5,200 samples @ 7.00 ea = $ 36,400.00 b. Water Mains 48 samples @ 5.00 ea = $ 240.00 C. Reservoirs 24 samples @ 5.00 ea = $ 120.00 d. Customer Complaint 100 samples @ 5.00 ea = $ 500.00 96 samples @ 2. HETEROTROPHIC PLATE COUNT $ 5,760.00 NITRATE/NITRITE 5,200 samples @ 4.00 ea = $ 20,800.00 FLUORIDE 200 samples @ 3. TOTAL CHLORINE RESIDUAL $ 1,600.00 5,200 samples @ 1.50 ea = $ 7,800.00 4. GENERAL PHYSICAL QUALITY a. Routine 1,200 samples @ 6.00 ea = $ 7,200.00 b. Customer Complaint 100 samples @ 4.00 ea = $ 400.00 5. 6. 7. 8. 9. 10 GENERAL MINERAL 60 samples @ 80.00 ea = $ 4,800.00 INORGANICS 40 samples @ 120.00 ea = $ 4,800.00 TRIHALOMETHANES 96 samples @ 30.00 ea = $ 2,880.00 HALOACETIC ACIDS 96 samples @ 60.00 ea = $ 5,760.00 NITRATE/NITRITE 260 samples @ 8.00 ea = $ 2,080.00 FLUORIDE 200 samples @ 8.00 ea = $ 1,600.00 25G -13 TOTAL $ 95,380.00 25G -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: AGREEMENT WITH ENVIRONMENTAL ENGINEERING & CONTRACTING, INC. FOR FATS, OILS, & GREASE PROGRAM MANAGEMENT SERVICES 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 Environmental Engineering and Contracting, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney to provide fats, oils, and grease control program management services in an amount not to exceed $180,000. DISCUSSION In October 2004, the City adopted an ordinance amending Chapter 39 of the Santa Ana Municipal Code to control the discharge of fats, oils, and grease (FOG) from food service establishments to the City's sewer collection system. In January 2005, the Public Works Agency began implementation of a comprehensive FOG control program that includes regular inspections of all food service establishments to insure compliance with the ordinance. The FOG ordinance and program are required by the California State Water Quality Control Board. Requests for Proposals were sent to six firms. The services that the consultants were asked to provide on an as- needed basis included inspection of new food service establishments (FSEs), training and support of City Sanitation Inspectors, support and maintenance of the FSE database, coordination with other agencies to insure compliance with regulatory requirements, and technical support to City staff for all FOG - related issues. One response was received and evaluated by a three - member selection committee. The sealed fee envelope was then opened and the fee proposal was analyzed. Listed below is the rating of the responsive firm. Environmental Engineering and Contracting, Inc. 25H -1 RATING FEE 96 See Exhibit 2 Agreement with Environmental Engineering & Contracting, Inc. for Fats, Oils, & Grease Program Management Services May 3, 2010 Page 2 The proposal from Environmental Engineering and Contracting, Inc. (EEC Inc.) was highly rated based on the detailed scope of services, understanding of the project, qualifications, and experience with similar projects. Staff recommends that EEC Inc. be retained for this project. They have extensive experience both as a firm and at the staff level in developing and operating similar programs with the City and throughout Southern California. The fees are reasonable and all of the services are provided on an as- needed basis. ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Sanitary Sewer Service program (accounting unit 05617640- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez Executive Direct Executive Director Public Works Agency Finance & Management Services Agency RG /CB /mz Exhibits: 1. Agreement 2. Fee Schedule 25H -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of May, 2010 by and between Environmental Engineering and Contracting, Inc., 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 NPDES requirements, to inspect food service establishments for compliance with the City's Fats, Oil and Grease regulations. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B and incorporated by reference. The total sum to be expended under this Agreement, shall not exceed $180,000, annually, 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 July 1, 2010 and terminate on June 30, 2011, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for up to three additional one -year periods, upon the exercise of the option by the City. t EXHIBIT 1 25H -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 which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 2 25H -4 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written 3 25H -5 information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax (714) 647 -6956 With courtesy copies to: Executive Director of Public Works and City of Santa Ana 20 Civic Center Plaza (M -85) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647 -3345 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 647 -6515 To Consultant: Environmental Engineering and Contracting 501 Parkcenter Drive 4 25H -6 Santa Ana, CA 92705 Fax (714) 667 -2310 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 5 25H -7 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City 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. // // 6 25H -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager ENVIRONMENTAL ENGINEERING AND CONTRACTING, INC. JOHN SHAFFER President Tax ID# 7 25H -9 ENV>eRONMENTAL ENGINEERING i CONTRAMNG, INC. 501 Pwkcenter Drive. Santa Ana. CA 92705 - W Phone (714) 667 -2300 Fax (714) 667 -2910 2010 Fee Schedule Prior to the commencement of services provided by EEC a Professional Service Agreement, Contract, Purchase Order, or Commitment Letter must be executed by both parties engaged. PERSONNEL CHARGES Travlsl The charge for all time required for the performance of Vehicles used on project assignments will be the Scope of Work, including office, field and travel charged at $50 per day. Mileage is billed at the time, will be billed at the hourly rate according to the current rate established by the Internal Revenue labor classifications set forth below. Service plus mark up. Per Diem is billed at a unit cost of $50 per day. Airfare, lodging, rental cars and associated expenses are billed at cost plus mark up. Labor Classification Hourly Rate Staff EngineedGeologist/Scientist $95 Sr Staff Engineer/GeologisUScientist $105 Field Equipment Project Engineer /GeologisUScientist 1 $125 Field Equipment is billed at standard unit costs. Rate Project EngineedGeologistIScientist - II $135 schedules are available upon request. Sr Project EngineedGeologist/Scientist -1 $160 Sr Project Engineer/Geologist/Scientist -11 $180 Principal Geologist $205 Subcontractors and Reimbursables Principal $205 The costs of subcontractors, materials, Project Assistant $75 rental and costs incurred will be charged at cost plust Technician $85 15 %. Drafter $95 Sr Technician $95 Compliance Inspector $95 Olther P GIS Analyst $95 GIS, IT Supervisor $125 The cost of additional report reproduction and Construction Technician $65 special project accounting will be billed as appropriate. Plotting plans are charged by size, Construction Field Supervisor $85 black and white or color, and by the number of Construction Manager $90 copies supplied. Sr Construction Manager $115 Shiooina and Postaae Emergency response and client requested work during Shipping charges include couriers and the postage non -standard business hours will be charged at a rate necessary will be charged at cost plus markup. of 1.25 times the standard hourly rate. When EEC Staff appear as expert witnesses at court Interest Chases trials, mediation, arbitration hearings and depositions, their time will be charged at 2.0 times the standard Interest on late payments will be charged at the rate rate. All time spent preparing for such trials, hearings, and of 1.5% per month. depositions, will be charged at the standard hourly rate. TOTS Fee Schedule is adjusted each subsequent year to retied the economic changes for Me new year. The new , dine wdi &p* to exiarh►g and now assignments Exhibit 2 25H -10 ENV /R'C�NMENTA�.. *19 ENGINEERING i CONTRACTING, INC. 501 Parkcenter Drive. Santa Ana, CA 92705 Phone (714) 667 -2300 Fax (714) 667 -2310 2010 FSE Inspection Fee Schedule Inspection Typ&Task Fee Basis Cost BMP/GRE Inspections Unit $90 GRE Inspections Unit $80 BMP Inspections Unit $74 Permitting Inspections Unit $120 Com liance Inspections Unit $120 Program Management T &M Reference 2010 Fee Schedule BMP /GRE Inspections BMP and GRE inspections of hot spot related FSEs with interceptors BMP and GRE inspections of hot spot related FSEs with traps BMP and GRE inspection of non -hot spot related FSEs with traps GRE Only Inspections Grease interceptor inspection of hot spot related, property management company interceptors (no BMPs) Grease interceptor inspections of non -hot spot related, FSE interceptors (no BMPs) BMP Inspections BMP inspection of hot spot related FSEs without an interceptor or trap Permitting Inspections First Time inspection of new FSE or change in ownership to provide FOG Program education to new owners Compliance Inspections Follow -up inspections where non - compliance with key BMP issues identified (by EEC or HCA) Employee Training Logs missing or not current Waste grease disposal logs missing or not current Food Grinder identified Follow -up inspections where non - compliance with key GRE issues identified (by EEC or HCA) Grease/Solids > 25% InterceptorArap components or structure damaged or inoperable Interceptor or trap maintenance log missing or not current FOG Program Management: FSE Inspection Coordination FSE Inspection Data Entry FSE Identification Research Health Dept. Follow -up Coordination FSE Database and GIS management FOG Program Status Updates /Meetings FOG control program assessment and recommendations Field /Respond to Customer Calls 25H -11 • City of Santa Ana, PWA RFP — Fats, Oils and Grease (FOG) Program Management CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in. its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM Environmental Engineering & Contracting, Inc. TITLE OF PERSON SIGNING President SiGNA DATE Please include any additional information available regarding equal opportunity employment programs now in eliiset within your company. 13 25H -12 r Proposal FATS OILS AND GREASE PROGRAM MANAGEMENT SERVICES Prepared for: City of Santa Ana Public Works Agency 220 S. Daisy Ave. Santa Ana, California 92703 March 31 't, 2010 Prepared by: Environmental Engineering & Contracting, Inc. 501 Parkcenter Drive Santa Ana, California 92705 John Shaffer Principal -in- Charge Exhibit 1 25H -13 J Kolk Projec anger COY of Santa Ma - FOG Program Management Proposal 25H -14 EEC Table of Contents ' 1.0 ORGANIZATION OVERVIEW ...................... 1.1 INTRODUCTION ................................................................................. 1 ............................... 1.2 COMPANY BACKGROUND ........................... ...................................... ............................... 1 2.0 QUALIFICATIONS AND EXPEREINCE ...................................... ............................... 1 3.0 WORICPLAN ..............................................................4 ' 3.1 TASK 1 —FOG CONTROL PROGRAM MANAGEMENT......................................................... 4 3.2 TASK 2 — FSE INSPECTIONS AND ENFORCEMENT .............................. ............................... 4 3.3 TASK 3 -- MAPPING SERVICES .......................................... 5 1.4 TASK 4 — TRAINING CITY STAFF 6 ................. ............................... 4.0 EVALUATION OF FOG ELIMINATING PRODUCTS ............... ............................... 6 ' 5.0 SATFFING .......................................................................................... ..............................7 5.1 KEY PERSONNEL . ............... ............................... 7 5.2 PROJECT MANAGER .......................................................................... ............................... 8 6.0 SUBCONSULTANTS ....................................................................... ............................... 9 7.0 ADDITIONAL INFORMATION .................................................... ............................... 9 8.0 REFERENCES .................................................................................... ' .............................10 List of Appendices Appendix A - Resumes Appendix B - EEC's Certificate of Liability Insurance COY of Santa Ma - FOG Program Management Proposal 25H -14 EEC ' 1.0 ORGANIZATION OVERVIEW 1.1 INTRODUCTION Environmental Engineering & Contracting, Inc. (EEC) is pleased to submit this proposal to provide continued Fats, Oils, and Grease (FOG) Program Management services to the City of t Santa Ana. Based on our extensive experience and successes in the development, implementation, and management of FOG Programs throughout the country, including the City of Santa Ana (City), EEC is poised and prepared to assist the City with the multifaceted tasks ' and services associated with the existing FOG control program. These services include providing oversight and administration of a comprehensive Food Service Establishment (FSE) inspection program, assisting with enforcement of the City's FOG Control Ordinance (NS -26- ' 70), providing FSE inspection services and training the City staff on an as- needed basis as well as public FOG outreach and education. This proposal was prepared in accordance with the requirements outlined in the Request for Proposal (RFP). ' 1.2 COMPANY BACKGROUND Founded in 1995, ECC is headquartered in Santa Ana, California. EEC is a full service environmental engineering and consulting company with extensive experience performing FOG Control Program management services. In addition, EEC specializes in the fields of wastewater, ' engineering, environmental construction, soil and groundwater investigations, and GIS /data management services. A privately held company, EEC is managed by the company's principals. ' EEC has a staff of 26 professionals, including FOG Program Managers, FOG Data Managers, FOG Inspection Supervisors, and FOG inspectors. EEC's President and founder, John Shaffer, is recognized throughout the United States as an expert on FOG Control and FOG Inspections. ' EEC is committed to providing the highest caliber of service to the City while maintaining superior Quality Assurance /Quality Control and Health and Safety standards. At an approximate ' four miles distance from the City Yard, EEC's project manager and project team assigned to this project will be available to the City at a moment's notice. J 2.0 QUALIFICATIONS AND EXPEREINCE —" EEC has provided extensive FOG control program support/management services throughout the United States for over 25 cities and sewer districts including the Cities of Santa Ana, Stanton, Orange, La Habra, and Fullerton and the Orange County Sanitation District (OCSD), Costa Mesa Sanitary District (CMSD), Irvine Ranch Water District (IRWD), Garden Grove Sanitary District, and Midway City Sanitary District. To date, EEC has performed over 10,000 FOG inspections. Furthermore, EEC has developed an in -depth understanding of the City's FOG control program database and comprehensive FSE inspection program through a nearly decade -long working relationship with the City. In fact, until 2008, EEC conducted the majority of the City's FSE FOG inspections. EEC currently performs inspections for the City on an as- needed basis. Through experience gained from our projects and our unique knowledge of the City's FOG control program, EEC continues to provide a flexible and cost - effective approach to meeting the City's project goals. City of Santa Ana - FOG Program Management Proposal 25H -15 EEC Exhibit l highlights some of our recently completed and on -going FOG related projects in t Orange County. Our featured projects highlight the excellent past performance of our project team and the wide range of solutions that have been provided in response to each client's needs. i EXIHIBIT 1 =1 ~J ' Related Project Experiences and References ( Project Name: The City of Santa Ana FOG Program Development & Management Client Contact: Cesar Barrera, P.E., Project Manager, Tel (714) 647-3387 EEC completed a comprehensive FOG Characterization Study involving: • Evaluation of 70 FOG - related sewer system enhanced maintenance locations • CCTV inspection data review support • Over 700 FSE characterization inspections • Outreach /education to FSEs to provide an understanding of the City's FOG Control Program • Development of a FOG Characterization Report including a summary of key enhanced maintenance locations and FSE data, as well as recommendations for further development of the Civs FOG Control Program EEC assisted with FOG Control Program development, including: • Development of a FOG Control Program Manual including policies and procedures, FSE inspection checklists, Notices of Non - Compliance (NNC) forms, and an enforcement response plan • FOG Control Ordinance development • Recommendations for education and /or enforcement for FSEs identified as causing or contributing to FOG blockages EEC conducted routine FSE FOG inspections • Performed more than 1,400 FSE inspections involving Best Management Practices (BMP) and Grease Removal Equipment (GRE) compliance inspections • Provided education for each FSE inspected, explaining the FOG Control Program and the benefits of controlling FOG discharge • Conducted follow -up activities to ensure that identified compliance issues were adequately addressed EEC currently manages the City's FOG Inspection Program including: • Prioritizing FSEs based on enhanced maintenance location status, GRE status, and compliance history • Management of waiver and variance review/ approval • FOG inspection training for City inspectors • Management and coordination of the FSE inspection data utilizing database and GIS tools • Providing City inspectors with necessary equipment and forms Costa Nilesa Sanitary District Project Name: The Costa Mesa Sanitary District FOG Program Management Client Contact: Rob Hamers, District Engineer, Tel (944) 631 -1731 EEC completed a comprehensive FOG Characterization Study involving: • Prioritization of FOG - related sewer system Hot Spots • CCTV Inspection and analysis of 45 FOG - related sewer system Hot Spots • Management of FOG inspection program for the District's 500 FSEs • Education of each FSE inspected explaining the FOG Control Program and the benefits of controlling FOG discharge • Development of a FOG Characterization Report which included a summary of all Hot Spot and FSE data and recommendations for development of the FOG Control Program and FSE enforcement follow -up inspections City of Santa Ma - FOG Program Management Proposal 2 25H -16 we i 7 EEC assisted with FOG Control Program development, including: • Development of a FOG Control Program Manual including recommended policies and procedures, FSE inspection checklists, Notices of Violence (NOV) forms, and an enforcement response plan • FOG Control Ordinance development • Recommendations for education /enforcement for FSEs identified as causing /contributing to a FOG blockage EEC is currently conducting on -going FSE inspections and enforcement on a contract basis including: • Performing more than 3,000 FSE inspections to this point involving Kitchen BMP and grease interceptor /grease trap compliance inspections • Education of each FSE inspected explaining the FOG Control Program and the benefits of the FSE controlling their FOG discharge • Conducting all of the FSE enforcement activities with the exception of the highest level enforcement activities (e.g., requirement for a grease interceptor retrofit) which are conducted by the FOG Control Program Manager based on EECs recommendations • Prioritizing those FSEs that are upstream of sewer system Hot Spots • Management of waivers and variances • Management of the FOG data through database development and maintenance EEC Currently manages the CMSD's FOG Program and inspectors, including. • Prioritizing FSEs based on Hot Spots status, GRE status, and compliance history • Management of waivers and variances • Management of the FOG data through database development and maintenance • Management of the FOG Program GIS Project Name: The Orange County FOG Control Study & Program Development Client Contact: Mahin Talebi/ Mark Kawanwto, Tel (714) 962 -2411 EEC conducted the Orange County FOG Control Studies (Phase 1 and Phase 2) involving: • Research of numerous FOG Control Programs around the country • Development of the FOG Characterization approach, the conditional waiver concept, and FSE education, inspection and enforcement strategies • Development of a Model FOG Control Ordinance • Multiple regional stakeholder meetings involving topics such as ordinances, FSE inspection and enforcement, Kitchen BMPs, grease interceptor design and sizing, FOG waste hauling and disposal • Extensive field testing of FOG control technologies EEC completed a comprehensive FOG Characterization Study involving: • Prioritization of 36 FOG - related sewer system Hot Spots • CCTV Inspection of 18 FOG - related sewer system Hot Spots • Inspection of 215 FSEs • Conducting education for each FSE inspected explaining the FOG Control Program and the benefits of the FSE controlling their FOG discharge • Development of a FOG Characterization Report which included a summary of all the Hot Spots and FSE data and recommendations for development of the FOG Control Program and FSE enforcement follow -up EEC assisted in development of the FOG Control Program including: • Development of a FOG Control Program Manual including recommended policies and procedures, FSE inspection checklists, NOV forms, and an enforcement response plan • Assisting in the development of the FOG Control Ordinance • Recommendations for education and /or enforcement of the FSEs that were identified as causing or contributing to a FOG blockage City of Santa Ana - FOG Program Management Proposal 25H -17 EEC 3.0 WORKPLAN The scope of work for the City's FOG Program Management RFP includes four tasks. The specific details of each task as outlined in the RFP are discussed below. Also discussed below are EEC's approach and management methods to successfully and effectively complete these tasks. 3.1 TASK 1 — FOG CONTROL PROGRAM MANAGEMENT The details of Task 1 include: Program guidance document development FOG Control Program management, including database and GIS management FOG Control Program assessment and recommendations 1 As part of FOG Program Management, ECC will: u n PAW 14 AGNC`S A1rJ MANAGM n+ITATt7NQF ■ Manage the FSE Database and GIS ■ Organize and manage the City's existing FOG Control Program data • Review and update FSE inspections results into the associated databases and GIS, and develop database forms and reports, to summarize the findings of these inspections. ■ Provide inspection forms, establish inspection schedules and coordinate and assign inspection tasks to the City's Code Enforcement inspectors and EEC's compliance inspectors. • Conduct regular meetings with the City staff to evaluate the FOG Control Program, provide recommendations, and to prioritize required activities. • Provide monthly reports summarizing activities conducted and recommendations to the City's FOG Control Program Manager. • Develop Residential FOG educational/guidance materials and plan to address residential grease discharge and disposal practices. • On an as- needed basis, and using EEC's established knowledge and experience with similar projects, develop and coordinate evaluation of the new and emerging grease control technologies including grease removal devices and chemical/biological additives. 3.2 TASK 2 — FSE INSPECTIONS AND ENFORCEMENT --- The City's FSEs are mapped in a GIS and linked to a comprehensive FOG Program database. Integration of the GIS and FOG Program database will continue to be used for inspection and enforcement management. The details of Task 2 are as follows: • Coordinate /conduct permitting and select enforcement inspections • Coordinate /conduct grease removal equipment (GRE) inspections • Coordinate /conduct kitchen best management practices (BMP) inspections • Provide enforcement management (correspondence development and follow -up activities) • Procure and provide FOG program educational materials City of Santa Ana - FOG Program Management Proposal 4 EEC EEC will conduct FSE inspections while providing bilingual educational materials which emphasize the importance of improving kitchen practices to minimize FOG discharge to the City ' sewer system. Inspection types include: A. Permitting Inspections ' EEC will conduct initial permitting inspections for new, change of ownership, and remodeled FSEs. Through initial inspections, also referred to as FOG characterization, EEC will identify the type of food, cooking equipment, and kitchen practices that may ' contribute FOG to the sewer system. Each FSE will be provided with bilingual FOG cducational materials that will help the FSE reduce the amount of FOG released into the ' City's sewer system. B. Grease Removal Equipment Inspections EEC will conduct GRE inspections for FSEs with a grease interceptor or grease trap to ensure each device is in good operating condition and appropriate maintenance practices are implemented. C. Best Management Practices Inspections EEC will conduct BMP inspections to ensure compliance with all required kitchen BMPs, including employee education and training practices ' D. Compliance Inspections ECC will conduct follow up inspections for non - compliance issues when required by the City's FOG Control Manager. This may include the issuance of notices of violation ' (NOVs) to FSEs that are found to be in non - compliance of the FOG control ordinance or permit. E. Enforcement Action Assistance EEC will meet with FSE managers/owners or property owners to discuss violations, enforcement, and help develop an appropriate corrective action plan to achieve and maintain compliance. Based on the results of follow -up Source Inspections and continued Notices on Non - Compliance (NNC)s, EEC will review, provide recommendations, and assist the City with any enforcement actions required as a result of ' violations of ordinances NS 26-70 included in the Attachment D of the RFP. EEC will provide the City's FOG Control Manager with monthly reports summarizing inspection status and key findings. 3.3 TASK 3 — MAPPING SERVICES 1 Since 2004, EEC has provided GIS support services to the City, including determining the most effective way to manage the City's FOG Control program. EEC has supported the City's implementation of ESRI's ArcGIS software and Microsoft Access to manage inspections of the more than 700 FSEs and 150 GREs. The integrated GIS and database system is also used to manage issuance of NNCs and subsequent compliance inspections to ensure that FSEs are adhering to the FOG control requirements. Utilizing these in -house developed GIS and database resources, EEC will continue to provide effective and efficient inspection management services for the City. EEC will also provide on -site GIS support, including geodatabase editing, feature class development, and map document development. City of Santa Ana - FOG Program Management Proposal 25H -19 EEC ' The GIS and database integration also provides customized tools that enable queries of the copious amount of FSE data for data analysis and reporting. For example, an inspector or ' manager can find a sanitary sewer overflow or enhanced maintenance locations in the GIS and readily identify the associated FSEs. Hyperlink tools in the GIS are provided to quickly query the FSE database to return pertinent information related to FSE inspection histories, site pictures ' and inspection reports. While the focus of this scope of work will be on FOG Program Management, EEC understands that FOG is not the only reason for sanitary sewer overflows (SSO) and that a thorough understanding of the sewer system is critical when reducing SSOs. EEC's experience in sewer line characterization activities has provided a keen understanding of how hydraulic defects in the ' sewer, such as offset joints, roots, and sags can impact the ability of a sewer to transport grease within the sewer system. Through utilization of GIS and FSE databases, EEC will provide simple and efficient management solutions for organizing, managing and coordinating all sewer ' line enhanced maintenance locations related with FSE enforcement activities. 1.4 TASK 4 —TRAINING CITY STAFF ./ ' EEC will continue to provide the City with FSE inspection process training. EEC developed and currently conducts California's only Grease Interceptor Inspector Training Workshop for the California Water Environment Association (formerly conducted for CalFOG). To date, seven workshops have been conducted and over 400 inspectors have been trained by EEC. EEC recently provided specialized training for 40 City of San Jose inspectors and has provided training for several of the City of Santa Ana staff. 4.0 EVALUATION OF FOG ELIMINATING PRODUCTS EEC conducted a two -phase study, the largest FOG Control study in the country, on behalf of Orange ' County Sanitation District and 26 other cities and wastewater agencies in Orange County, including the City of Santa Ana. During the second phase (Phase Il) of this study, EEC field - tested new FOG Control Technologies such as Additives (both chemical and ' biological), Grease Removal Devices, and Interceptor Monitoring Devices. The study provided detailed results of the field- testing and provided testing, ' monitoring, and agency approval procedures for these technologies. EEC shares the City's openness for consideration of emerging technologies and alternatives for ' FOG control provided their effectiveness can be demonstrated without negative impacts to the collection system or treatment facilities. While many products offer claims, the available data is often insufficient to support the claims. EEC has provided product evaluation services and ' developed testing protocols for multiple products for multiple clients, including the City of Santa Ana (McDonalds/Wa1Mart). ICity of Santa Ana - FOG Program Management Proposal 6 WE 25H -20 fl 1 5.0 SATFFING EEC has developed an exceptional reputation among our client base by providing rapid response and unparalleled ability to successfully complete projects under difficult and sometimes seemingly unreasonable project deadlines. These achievements are possible due to a core group of dedicated managers and staff personnel who are self- driven, project -goal oriented, and always keep in mind that the client's satisfaction and meeting community expectations are primary goals. 5.1 KEY PERSONNEL Exhibit 2 illustrates the EEC team's organization overseen by the City's FOG Control Manager. The proposed team brings a wealth of FOG management and development experience. This experience revolves around similar FOG control programs that were designed and implemented for OCSD, IRWD, CMSD, the Cities of Orange, Fullerton, Buena Park, Stanton, and La Habra which will be leveraged for this project. A brief description of key staff qualifications, experience, and their commitment to this project are shown in Exhibit 3. Staff resumes are included in Appendix A. EXIHIBIT 2 Team Organization City of Santa Ana - FOG Program Management Proposal 7 25H -21 EEC 5.2 PROJECT MANAGER —' - Jim Kolk has served as the primary project manager for the City's FOG Program projects for the ' past four years and will continue to serve in this role (for a minimum of 1 year). Mr. Kolk will provide overall management and leadership that will include maintaining an effective team, ensuring availability of technical staff, maintaining quality, and resolving project issues. Jim has ' 17 years of experience involving project management, collection system assessments, and FSE inspections. He has managed a variety of FOG projects involving program development, ordinance development, CCTV assessment, inspections, permitting, enforcement, BMPs, GIS development, and plumbing code compliance. Jim has managed many of EEC's FOG characterization projects including over 350 Hot Spot characterizations, FOG source identification and structural issues, and the assessment of cleaning effectiveness. He works with ' the latest CCTV equipment and data acquisition/assessment software and has managed Grease Interceptor Conditional Waiver (or Variance) programs for several cities/agencies involving granting, extending, or revoking waivers based on FSE inspection data and CCTV evidence of ' FOG accumulation in the sewer system. u 1 1 EXHIBIT 3 Summary of Key Staff Qualifications City of Santa Ana - FOG Program Management Proposal 25H -22 EEC n r J 6.0 SUBCONSULTANTS ✓' r Based on our staffing capabilities, EEC does not anticipate the need to hire sub - consultants, sub- contractors, suppliers, and manufacturers for this project. 7.0 ADDITIONAL INFORMATION EEC, in conjunction with the City's Public Works Department and iWater, is developing a mobile application for the City's FOG inspectors. The advantages associated with development and implementation of such technology include but not limited to reduced inspection prep -time, direct data entry to the City's GIS database, easy access to FSEs locations and background data associated to every FSEs being inspected. EEC is integral in this development for having created Santa Ana's FOG program GIS and FSE database. EEC has taken steps to deliver a geodatabase to the City that contains all locational information, and inspection history, including compliance history for every FSE and GRE in the City. Also included in this geodatabase is the characterization information for each FSE, including: cooking equipment, floor sinks and drains, fixtures, and FOG producing cooking practices. 1 Currently, as an addition to FOG Program Management, EEC manages FSE National Pollutant Discharge Elimination System NPDES inspections for the City. EEC records Orange County Health Care Agency ( OCHCA) NPDES inspection results in the FOG database. When an FSE is due to be inspected for FOG Program purposes, and if it has recent OCHCA NPDES violations, it is flagged and the necessary NPDES follow ups are conducted at the same time as the FOG Program inspections. EEC's unique characterization approach to sewer line assessment will help the City in proactively identifying new or potential enhanced maintenance locations to prevent SSOs before they occur (predict where FOG blockage issues may be developing). This characterization approach will also help the City in identifying and prioritizing locations in need of residential FOG education and outreach, allowing the City to utilize limited resources where they are needed most. City of Santa Ana - FOG Program Management Proposal 9 25H -23 EEC 8.0 REFERENCES We have included several project references in Exhibit 4. We strongly encourage you to contact the listed references to learn about our capabilities, project performance, and quality of work. EXHIBIT 4 EEC Client ReferP_nr,P_Q City of Santa Ana - FOG Program Management Proposal 10 we 25H -24 Project Scopes Contact Name Co n tact N Ll III bel' City o!BrISt1$ sy City of La Habra FOG Control, Stormwater, Carlo Nafarrete, GIS Water/Sewer Manager (562} 905 -8792 _�.�{7�RiC� f R+IY +RfRV���j� �ViiL`.D� S• jY• t ... y3 � '�. .•: va4�[A.c. - �y J TS �` 4' �.3 � ` (�n. .47� f.y ; � Irvine Ranch Wafter FOG Control and Sewer Wayne Posey, Director of District Collection System Wastewater Operations (949) 453 -MM ` w 17 Ai FOG Control Program Betsy Betros, Johnson County, Modifications, Plumbing Pollution Control Division Kansas Code Modifications and Director (913} 715 -6900 FOG Inspections Environmental Dept. City of Santa Ana - FOG Program Management Proposal 10 we 25H -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: AMENDMENT TO AGREEMENT WITH REDLANDS SOFTWARE FOR GIS PROGRAMMING AND CONSULTING SERVICES 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 the Clerk of the Council to execute the attached amendment to the agreement with Redlands Software Inc. to provide Geographic Information System programming and technical services to the Public Works Agency in an amount not to exceed $50,000 subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency continues to expand the Geographic Information System (GIS) and is working on projects for agencies throughout the City. Programming and technical services are needed to assist with the implementation of these projects. The work to be done includes assisting staff with project design and set -up, programming, and technical database support. The consultant is currently working on redesigning the City's GIS viewer and on translating the recent base map data received from the County. This work is expected to be completed in fall 2010; however the existing agreement will be expended before the assigned work is complete. It is recommended that an amendment to the existing agreement be approved so that the work can be completed without interruption. Redlands Software performs specialized programming and consulting services and was previously selected based on qualifications, past experience and capacity to perform the required work. Redlands Software has performed well and at this time it is recommended that an amendment to the agreement with Redlands Software Inc. be approved for a not -to- exceed cost of $ 50,000 for a total agreement amount of $144,000. 251 -1 Amendment to Agreement with Redlands Software May 3, 2010 Page 2 FISCAL IMPACT The amendment will be limited to a cost of $ 50,000. Funds to pay for these services are available and budgeted in the Public Works Administration program (accounting unit 10117601 - 62300). -"koz Raul Godinez I Executive Direc r Public Works Agency RG/TLC Exhibit 1. Amendment APPROVED AS TO FUNDS AND ACCOUNTS: i✓r3 Francisco Gutierrez Executive Director Finance & Management Services Agency 251 -2 FIRST AMENDMENT TO AGREEMENT T HIS FIRST AMENDMENT TO AGREEMENT, is entered into on May 3, 2010, by and between REDLANDS SOFTWARE, INC. (hereinafter "Consultant "), and the City of Santa Ana (hereinafter "City "). RECITALS: A. The parties entered into Agreement # A- 2009 -116, dated August 3, 2009, (hereinafter "said Agreement ") by which Consultant has provided Geographic Information System programming and technical services. B. The parties wish to increase available compensation to allow Consultant to provide additional programming and technical services to expand the City's Geographic Information System for use by various City agencies. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Exhibit A, SCOPE OF SERVICES, shall be amended to provide that Consultant shall complete the redesign of the City's GIS viewer and also translate the base map data received from the County of Orange for inclusion in the City's GIS database. 1. Section 2. a., "COMPENSATION ", shall be amended to increase total compensation available by $50,000, for a total not to exceed amount of $144,000.00. Said services shall be provided on an hourly rate basis as set forth in Exhibit A of said Agreement. 2. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney DAVID N. REAM City Manager REDLANDS SOFTWARE RICHARD McFARLAND President EXHIBIT 1 251 -3 251 -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: ACQUISITION OF RIGHT OF WAY FOR THE OCTA AT- GRADE RAIL SAFETY ENHANCEMENT PROJECT (PROJECT 091745) mr�vwz"offfl � 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 acquisition agreement, subject to non - substantive changes approved by the City Manager and City Attorney, with John M. Mitchell and Darla R. Mitchell, Trustees of the Mitchell Family Trust U.D.T. Dated July 1, 1987, for the purchase of a portion of the property located at 1701 E. McFadden Avenue the amount of $28,500. DISCUSSION On October 20, 2008, City Council approved a cooperative agreement with Orange County Transportation Authority (OCTA) for the At -Grade Crossing Enhancement Program at ten crossings in the city. Improvements include medians, roadway signing and striping, pedestrian gates and other vehicular gate enhancements. OCTA is the lead agency for this project and the City matches 12 percent of the costs and is responsible for acquiring the right -of -way on OCTA's behalf. The purpose of this program is to enhance railroad safety and make the streets and roads safer for the community. One of the railroad crossings to be enhanced as a result of this program is at Seventeenth Street. To install the improvements at this crossing, OCTA determined that acquisition of 416 square feet will be required from the property at 1701 E. McFadden Avenue. The compensation amount is the appraised value prepared by an appraiser licensed in the State of California. ENVIRONMENTAL IMPACT A Notice of Exemption and Categorical Exemption — Class 1 (f): Safety Protection Devices (ER # 2008 -159) has been prepared for the project and is consistent with both of these agreements. 25J -1 Acquisition of Right -of -Way OCTA At -Grade Rail Safety Program May 3, 2010 Page 2 FISCAL IMPACT Funds for the City's share of the costs are available in Select Street Construction, Measure M Street Construction program (accounting unit 03217660- 66220). — Q96.1�414__ Raul Godinez II Executive Direct Public Works Agency RG /SA Exhibit 1: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: I ntl m't�s 11., -, Francisco Gutierrez Executive Director Finance & Management Services Agency 25J -2 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on _________________, 2010, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and the Mitchell Family Trust and the Lyle B. Mitchell Trust (hereinafter "Seller "), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, a portion of that certain real property (hereinafter "Said Real Property ") legally described and depicted as follows: SEE EXHIBIT "A" — Legal Description and EXHIBIT "B" — Graphical Depiction ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as a portion of 1701 E. McFadden Avenue, Santa Ana, Ca) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance b Seller. Seller agrees to convey Said Real Property to City, by Grant Deed, within thirty (30) days from and after the date on which the City has approved this PSA. 2. Title to be Conveyed. (a) The Seller's interest to the Real Property will be conveyed to City by Seller by Grant Deed as set forth in Exhibit "C" to this PSA. (b) Seiler agrees to convey to City a Temporary Construction Easement (hereinafter "TCE ") as described in the attached Exhibit "A -1" and depicted on the attached Exhibit "B." The TCE is also described in greater detail in Exhibit "D," the TCE Deed, attached hereto and by this reference made a part hereof 3. Pronerty Taxes. Real property taxes, if any, on Said Real Property for the fiscal year within which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 and 5081 of the Revenue and Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of Said Real Property to City. 4 Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for Said Real Property, fixtures & equipment, improvements pertaining to the realty, goodwill (if any), severance damages (if any), and a TCE, the total sum of Twenty -Seven Thousand Four Hundred Seventy and No /100 Dollars ($28,500.00). 5. Deadline for Payment of Purchase Price. City agrees to pay the settlement amount of Twenty -Six Thousand and Noll 00 Dollars ($26,000.00) to Seller, and Two Thousand Five Hundred and No /100 Dollars ($2,500.00) to Said Real Property's Lessee, Rosendo Villa, Sr., compensation for the improvement impact, payable to Lessee per Seiler, within THIRTY (30) days from receipt of a fully executed Grant Deed and confirmation that Seiler has marketable title to Said Real Property. 6. Recordation of Grant Deed. Buyer shall not record the Grant Deed until City has paid Seller the full Purchase Price for Said Real Property. 25J -3 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real Property to City is recorded, quiet and peaceful possession of Said Real Property. 8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 9. Heirs, Asslans, Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 10. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 11. Permission to Enter on Premises. It is understood and agreed that for project planning and funding purposes the Seller hereby grants to Buyer and authorized agents or contractors, the right of possession to the area described In Exhibit "A -1 "$ "B" and "D" to perform the work described in Paragraph 25. However, said right of possession and use shall not be exercised prior to the Buyer, or Buyer's agent, providing Seller with a 48 -hour prior written notice to perform the construction items listed in Paragraph 25 below. The right to use the property shall continue in effect for a period of six (6) months. All efforts shall be made to complete the described work within the proscribed period of time; however, extraordinary circumstances may occur which may require additional time to complete the work (i.e. rain, labor dispute, shortage of materials). It is agreed that should the actual use extend beyond the time period delineated above, and the occurrence is verified through the contractor or City /State project inspection logs, the Buyer agrees to pay at the rate of $133.33 per month, prorated to the actual date of Buyer's termination of use. It Is further understood that in no event shall the Buyer's use of the property exceed the early of either the term of the TCE described above or the project completion date. 12. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is: Mitchell Family Trust Lyle B. Mitchell Trust 8961 Ernest Fulsom Drive Garden Grove, CA 92841 -4606 13. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 14. Expiration of Agreement. This PSA shall terminate and become unenforceable by any Party if City has not completed the acquisition of Said Real Property and paid the Purchase Price therefore to Seller before March 15, 2010. 15. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the 25J -4 Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 16. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 17. Partial invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 18. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 19, Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 20. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 21. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 22. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 23. Applicability of Agreement To Asslanees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 24. Authority to Execute Agreement. 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 PSA, 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. 25. Construction Contract and Curative Work. (a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or assigns, shall perform the following construction contract items at the time of the Installation of the proposed project: NONE. 25J -5 (b) It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct and /or refurbish the following improvements located on the Property: i. Landscaping 26. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: City /Buyer City of Santa Ana David N. Ream City Manager Attest: Maria D. Huizar City Clerk Approved as to Form: Joseph W. Fletcher City Attorney J' J oA 6 -a nZI oval aging Senior Assistant City Attorney Date: 2 -119— , 2010 Date: ,— , 2010 Date: , 2010 Date: 12010 Date: 4-fWkAL , 2010 25J -6 Coast Surveying, Inc. July 9, 2003 EXHIBIT "A" LEGAL DESCRIPTION MCF -PCL -1 THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED JANUARY 25, 1988 AS DOCUMENT NO. 88- 034693 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO JOHN M. MITCHELL, SAID LINE ALSO BEING THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED JANUARY 15, 1974 IN BOOK 11057, PAGE 905, OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE NORTH 90 000'00" WEST 30.00 FEET; THENCE NORTH 44 °48'36" EAST 19.35 FEET TO SAID SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 50 000'00" EAST 21.36 FEET TO THE POINT OF BEGINNING. CONTAINING 206 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 91h DAY OF JULY, 2008. • ANO S, DEL "'Ivev�—jj 61 GWEN -VERA DEL CASTILLO, PLS 5108 L. S. 5108 O T REGISTRATION EXPIRES 6130109 EXP. 6/30/09 Jn 107069 -04 Santa Ana MCF -PCL -I 25J -7 CA�\o` Pon. LOT d STAFFORD AND TUSTON 5 \ TRACT M.R.L.A. 2 / 616 s• DOCK. No. 8"34693 O.R. 1 � I N' LY LINE - 11057/905 O.R. 3 6 2 P.O.C. w T.C.E. w T.P.0.8. T.C.E. z a } o J d- (C-P McFADDEN AVENUE BEARING DISTANCE 1 S50 ° 00' 00" E 21. 36' 2 N90° 00' 00" W 30. 00' ® 3 N90"00'00'1-1 7, 05' 4 N440 48' 36" E 23. 90' TEMPORARY CONSTRUCTION 5 S50 ° 00' 00" E 5. 02' EASEMENT 6 S44° 48' 36" W t9.35' JOB #:107-069 DATE: 7407/08 COAST SURVEYING, INC. SCALE: 1"=20' RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT �soat PARKWAY LOOP, 4) 9 B HEET 1 OF 1 7USTIN, CA 92780 -6527 (714) 918 -8266 .AMCF- PCL -1.dgn 7/9/2008 1:37:44 PM "Bel Coast Surveying, lnc. July 9, 2008 EXHIBIT "A" LEGAL DESCRIPTION LYN -PCL -2 THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED JANUARY 25, 1988 AS DOCUMENT NO, 68- 034693 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID DEED TO JOHN M. MITCHELL, SAID CORNER BEING ON THE EASTERLY RIGHT OF WAY LINE OF LYON STREET (30 FOOT HALF WIDTH); THENCE ALONG SAID EASTERLY LINE SOUTH 00 °00'00" WEST 27.67 FEET; THENCE NORTH 45 °25'36" EAST 20.68 FEET; THENCE NORTH 00 025'39" EAST 0.79 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50 000'00" WEST 19.24 FEET TO THE POINT OF BEGINNING. CONTAINING 210 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 9h DAY OF JULY, 2008. AND S &jyj -,Ve ra- Ax_�_aa& DEL GWEN -VERA DEL CASTILLO, PLS 5108 L.S. 5108 « REGISTRATION EXPIRES 6/30/09 n EXP. 6/30/09 Jn 107069 -04 Santa Ana LYN -PCLr2 25J -9 C A' NOF?MANOY P'-P'CE _ ----�' \ I O \ O c0 I \ I � \T � �I \� o P.O.C. h T.C.E. 2 \ I � 7 \30' 30' I T. P. 0. B. S' T. C. E. 6 5 4 ® TEMPORARY CONSTRUCTION EASEMENT PO H. LOT i BEARING DISTANCE 87AFFOo RD AIND TUSTPH 1 NO0° 00' 00" E 27. 67' TRACT H.H.L .A° 2/6118 2 S50 ° 0 0' 0 0 " E 19. 24' Doc. H(D. 8"W93 G.R. S50° 00' 00" E 5. 58' 4 S45° 25' 36" W 26. 69' 5 NOO° 00' 00" E 7. 02' 6 N45° 25' 36" E 20.68' 7 NO 0 ° 25' 39" L 0. 79' JOB DATE: 7 07 08 C�� S / SURVEYING, INC. SCALE: 1"=26'- 15031 PARKWAY LOOP, SUITE 6 SHEET 1 OF 1 RIGHT OF WAY &TEMPORARY CONSTRUCTION EASEMENT TUSTIN, CA 92780 -6527 (714) 918 -6268 ...1LYN- PCL -2.dgn 7/9/2008 1:41:21 PM 25J -10 When recorded, please mail this Instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103. SPACE ABOVE THIS LINE FOR RECORDER'S USE Exhibit "C" CANCEL TAXES X APPROVED AS TO FOWDYATTY. APPROVED BY DIRECTOR DESCRIPTION IIRITTENBY DESCRIPTION CIIECKED•O.K. Ax. NUMBER 402-042-01 RAY MAP NI1AffiER PROJECT Ni1dtBER PoAion of 1701 E. McFadden Avenue, Santa Ana, CA DEED NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, John M. Mitchell and Daria R. Mitchell, Trustees of the Mitchell Family Trust U.D.T. dated July 1, 1987, as to an undivided % interest, and Lyle B. Mitchell, Trustee of the Lyle B. Mitchell Trust initially created August 25, 1988, as to an undivided'/ interest. Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, easement for public right -of -way purposes in, on, over under, and through the real property in the City of Santa Ana, County of Orange, State of California, located at 1701 E. McFadden Avenue, described as follows: SEE EXHIBITS "A" AND "B° ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; For: The Mitchell Family Trust & Lyle B. Mitchell Trust Dated By: John M. Mitchell, Trustee Dated By: Darla R. Mitchell, Trustee State of California d County of On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is /are subscribed to the within Instrument and acknowledged to me that he /she /they executed the same In his/her /their authorized capacily(les), and that by his/her /their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature (This area for official notary seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 25J -11 Coast Surveying, Inc. July 9, 2008 EXHIBIT "A" LEGAL DESCRIPTION MCF -PCL -1 THAT PORTION OF LOT J OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP , RECORDED IN BOOK 2 PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED JANUARY 25, 1988 AS DOCUMENT NO. 88- 034693 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO JOHN M. MITCHELL, SAID LINE ALSO BEING THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED JANUARY 15, 1974 IN BOOK 11057, PAGE 905, OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE NORTH 90 000'00" WEST 30.00 FEET; THENCE NORTH 44 048'36" EAST 19.35 FEET TO SAID SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 50 °00'00" EAST 21.36 FEET TO THE POINT OF BEGINNING. CONTAINING 206 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 9" DAY OF JULY, 2008. GWEN-VERA DEL CASTILLO, PLS 5108 REGISTRATION EXPIRES 6130109 in 107069 -04 Santa Ana MCF -PCL -i 25J -12 AND DES!, yr o -e c L.S. 5108 0 T �� EXP. 6/30/09 POGO. LOT d STAFFORD AND TUSTUN TRACT H.R.L.A. 2 / 618 DO C. No. @"34693 O.R. I �- N' LY LINE 11057/905 O.R. w w I� V) z o IC)i I T.P.O.B. T. C. E. 151. 5 McFADDEN AVENUE TEMPORARY CONSTRUCTION EASEMENT 6) \ P.O.C. \ T. C. E. BEARING DISTANCE I S50 °00' 00 °E 21.36' 2 N90 ° 00' 00" W 30. 00' 3 N90000' 00'W 7. 05' 4 N44° 48' 36'E 23, 90' 5 S50° 00' 00" E 5. 02' 6 S44° 48' 36" W 19,35' wv ATE: 7407/081 C1" Q4 57 SURVEYING, INC. SCALE: 1"=2 g RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT 1503e PARKWAY LOOP, e HEFT 1 OF 1 TUSTIH, CA 92780 -6527 (714) 4) 9118-6266 .AMCF- PCL -1.dgn 719/2008 1 :37:44 PM 25J -13 Coast Surveying, Inc. July 9, 2008 EXHIBIT "A" LEGAL DESCRIPTION LYN -PCL -2 THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED JANUARY 25, 1988 AS DOCUMENT NO. 88- 034693 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID DEED TO JOHN M. MITCHELL, SAID CORNER BEING ON THE EASTERLY RIGHT OF WAY LINE OF LYON STREET (30 FOOT HALF WIDTH); THENCE ALONG SAID EASTERLY LINE SOUTH 00 °00'00" WEST 27.67 FEET; THENCE NORTH 45 025'36" EAST 20.68 FEET; THENCE NORTH 00 °25'39" EAST 0.79 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50 000'00" WEST 19.24 FEET TO THE POINT OF BEGINNING. CONTAINING 210 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 9" DAY OF JULY, 2008. L AND S DEt, LO LS 510' GWEN VERA DEL CASTIL , P 8 L. S. 5108 REGISTRATION EXPIRES 6130109 > EXP. 6/30/09 �� Jn 107069 -04 Santa Ana LYN -PCL -2 25J -14 C NOR ANDY P-AC- _ ----r r \ I I � \T � w ui V) I \� oP.O.C. T.C.E. 2 I � 7 \ 30' 30' h 1 3 I T.P.O.B. s' T.C.E. 6 5 4 ® TEMPORARY CONSTRUCTION EASEMENT pOR. LOOT d BEARING DISTANCE BT'AFFORDD Ai`t�1D5fMS11IN 1 NOO° 00' 00" E 27. 67' TRACT H.R.L.A. 2/618 2 S50° 00' 00" E 19. 24' DOC. II Q as-03W93 (D.H. 3 S50 °00' 00 °E 5. 58' 4 S45° 25' 36° W 26. 69' 5 N00° 00' 00° E 7. 02' 6 N45° 25' 36" E 20.68' 7 N00° 25' 39" E 0.79' Joe .7- DATE: 7/07/08 COA �j T SURVEYING, INC. SCALE: 1"=20' 15031 PARKWAY LOOP, SUITE 8 SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTIN, CA 92780 -6527 (714) 918 -6266 ..ALYN- PCL -2.dgn 7/9/2008 1:41:21 PM 25J -15 When recorded, please mall this Instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M•36 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103 CANCEL AOENCY(JES) APPROVED BY DESCRIPTION DESCRIPTION A.P. RfWMAP PROJECT TAXES PUBLIC WORKS DIRECTOR WRITTEN BY CHECKED•O.K NUMBER NUMBER NUMBER 402- 042 -01 Portion of 1701 E. McFadden Avenue, Santa Ana, CA Exhibit "D" TEMPORARY CONSTRUCTION EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, John M. Mitchell and Darla R. Mitchell, Trustees of the Mitchell Family Trust U.D.T. dated July 1, 1987, as to an undivided Interest, and Lyle B. Mitchell, Trustee of the Lyle B. Mitchell Trust Initially created August 25, 1988, as to an undivided % Interest. Does Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, , a temporary easement for purposes Incidental to construct the proposed improvements to 1701 E. McFadden Avenue, in, on, over and across that certain real property In the City of Santa Ana, County of Orange, State of California, as described and depicted on "Temporary Construction Exhibits 'Al' and W, which Is attached hereto by reference and made a part hereof. This permission Is granted subject to the following conditions being fulfilled by City: (A) Additional construction parameters within the Temporary Construction area will be as follows: (B) During construction of driveway approaches, access to the business will be maintained at all times. In some cases, construction of one - half of a driveway approach at a time may be required. At no time, the contractor shall block access to the business during construction. (C) City shall Indemnify the undersigned against and hold the undersigned harmless of any loss of or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of City of by any act or omission for which the City is liable In the exercise of the rights herein granted. it Is understood that the period of use of said easement shall exist for a period of no more than 6 months and shall commence with the first entry of owner's property by City s contractor. In the event that actual use extends beyond 6- months, and said use is verified through the City's /State contractor log, the City shall pay the owner at the rate of $133.33 per month prorated to the actual date said use terminates. This easement shall terminate upon completion of said construction and In any event shall cease and terminate not later than August, 2011. Date: 2010 By: By: John M. Mitchell, Trustee STATE OF CALIFORNIA }ss. COUNTY OF t By: By: Darla R. Mitchell, Trustee On 2010, before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is /are subscribed to the within Instrument and acknowledged to me that he /she /they executed the some in hls/her /their authorized capacity(ies), and that by his/her /their signature(s) on the Instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 1s true and correct. Signature SIGNATURE OF NOTARY PUBLIC 25J -16 PLACE NOTARY SEAL ABOVE Coast Surveying, Inc. July 9, 2008 EXHIBIT "A -1" LEGAL DESCRIPTION MCF -PCL -1 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED JANUARY 25, 1988 AS DOCUMENT NO. 88- 034693 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO JOHN M. MITCHELL, SAID LINE ALSO BEING THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED JANUARY 15, 1974 IN BOOK 11057, PAGE 905, OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE NORTH 90 000'00" WEST 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 44 °48'36" EAST 19.35 FEET TO SAID SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 50 °00'00" WEST 5.02 FEET; THENCE SOUTH 44 °48'36" WEST 23.90 FEET TO SAID NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE; THENCE ALONG SAID NORTHERLY LINE NORTH 90 000'00" EAST 7.05 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 108 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 91h DAY OF JULY, 2008. �O L AND S DEl, c��LF GWEN -VERA DEL CASTILLO, PLS 5108 '' L. S. 5108 0 REGISTRATION EXPIRES 6/30/09 EXP. 6/30/09 Sn 107069 -04 Santa Ana MCF -PCL -1 TCE 25J -17 C POR. LOT J STAFFORD IaND TUSTIN TFtIaCT VI.f�.L.A. 2 G1 �- N' LY LINE 11057/905 O.R. Lil la s- z 0 >- o J d' I C)i I T. P. 0. B. T. C. E. S• 5 \ 1 � g 2 P.O.C. \ T.C.E. MCFADDEN AVENUE TEMPORARY CONSTRUCTION EASEMENT BEARING DISTANCE 1 S50° 00' 00' E 21.36' 2 N90 ° 00' 00' W 30, 00' 3 N90° 00' 00' W 7.05' 4 N44° 48' 36' E 23.90' 5 S50° 00' 00' E 5. 02' 6 S44° 48' 36' W 19.35' JVtl SCALE: 71 07208 COAST SURVEYING, INC. RIGHT OF WAY &TEMPORARY CONSTRUCTION EASEMENT 15031 PARKWAY LOOP, SUITE 8 SHEET 1 OF 1 TUSTIN, CA 92780 -6527 (714) 918 -6266 AWUL '- HUL.- 1.clgn flyllUU8 1:3%:44 PM 25J -18 Coast Surveying, Jnc. July 9, 2008 EXHIBIT "A -1" LEGAL DESCRIPTION LYN -PCL -2 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED JANUARY 25, 1988 AS DOCUMENT NO. 88- 034693 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID DEED TO JOHN M. MITCHELL, SAID CORNER BEING ON THE EASTERLY RIGHT OF WAY LINE OF LYON STREET (30 FOOT HALF WIDTH); THENCE ALONG SAID EASTERLY LINE SOUTH 00 000'00" WEST 27.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 45 025'36" EAST 20.68 FEET; THENCE NORTH 00 025'39" EAST 0.79 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 50 000'00" EAST 5.58 FEET; THENCE SOUTH 45 025'36" WEST 26.69 FEET TO SAID EASTERLY RIGHT OF WAY LINE OF LYON STREET; THENCE ALONG SAID EASTERLY LINE NORTH 00 000'00" EAST 7.02 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 120 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 9" DAY OF JULY, 2008. 0 AND S DEL c GWEN -VERA DEL CASTILLO, PLS 5108 L.S. 5108 a REGISTRATION EXPIRES 6/30109 % EXP. 6/30/09 Jn 107069 -04 Santa Ana LYN -PCL -2 TCE 25J -19 CA���� N0� R��pY Pt` Jr 4 OC i q c� w oP.O. C. � T.C.E. 2 7 30' 30' � T. P.O.B. S' T.C.E. 6 (D— 4 ® TEMPORARY CONSTRUCTION EASEMENT pOR. LOT i BEARING DISTANCE STAF OO RD ANN TMS40b 1 NOD° 00' 00° E 27, 67' TRAC • MLG°3vL.A. 2/618 2 S50 ° 00' 00" E 19. 24' DOC . NO. 88-0 O3 O.R. 3 S50° 00' 00° E 5.58' 4 S45° 25' 36" W 26. 69' 5 N00° 00' 00' E 7, 02' 6 N450 25' 36" E 20. 68' 7 N00° 25' 39° E 0,79' .roe DATE: 7407/08 COAST SURVEYING, INC. SCALE: 1"=20' 15031 PARKWAY LOOP, SUITE 8 SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTIN. CA 92780 -6527 (714) 918 -6266 1LYN- PCL -2.dgn 7/9/2008 1:41:21 PM 25J -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: AMENDMENT TO AGREEMENT WITH O'REILLY AND ASSOCIATES FOR PLANNING AND IMPLEMENTATION OF BUSINESS SERVICES AT THE SANTA ANA WORK CENTER �v= 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 the Clerk of the Council to execute the attached amendment to the agreement with O'Reilly & Associates in the amount of $60,000 for a total agreement amount not to exceed $98,000, subject to non - substantive changes approved by the City Manager and City Attorney for consulting services relating to workforce training. DISCUSSION Since July 2008, the Santa Ana WORK Center has been one of twelve One -Stop Centers across the state that has operated as a learning lab to pilot a new Service Integration Model. While the new model has resulted in a significant increase in program enrollments, the system needs to be analyzed to identify areas of opportunity for improvement. On November 2, 2009, City Council approved an agreement with O'Reilly and Associates to assist WORK Center staff and its partners with applying Quality Management principles to its Integrated Service Delivery Model. O'Reilly worked with staff and developed a plan of action, which was presented to WORK Center management in April 2010. The action plan focuses on modifying seven key areas of the service model that will result in improved employment opportunities for Santa Ana's workforce. Areas of opportunity include, but are not limited to: business services, job search resources, assessments and space planning to facilitate services. Rapid Response funds will be used to enhance business services and Dislocated Worker funds will be used to enhance services for workers that have been laid -off. Staff recommends an amendment to the agreement with O'Reilly and Associates be approved for consulting services to assist in the plan's implementation. 25K -1 Amendment to O'Reilly & Associates May 3, 2010 Page 2 FISCAL IMPACT Funds for this contract are available in the Rapid Response, Adult and Dislocated Worker accounts (account no. 12318756- 62300, 12318753 -62300 and 12318754 - 62300). Cynthia J. N- el Deputy City Manager for Development Services Community Development Agency CJN /LS /CR/sv Exhibits 1. Amendment APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25K -2 AMENDMENT TO AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AMENDMENT, made and entered into this _ day of May, 2010, by and between O'Reilly and Associates ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. The City and Consultant entered into that certain Agreement Under the Workforce Investment Act dated November 2, 2009, hereinafter referred to as "said Agreement" for Consultant to assist with analysis, review and implement plans and policies related to the Santa Ana WORK Center's Service Integration. B. The parties hereto now desire to amend said Agreement to extend the term, add additional funds and update the Scope of Work. 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: Section 1 "Time Period of Agreement" shall be amended to extend the term to December 31, 2010. 2. Section 3 "Scope of Services" shall be updated to include the services as set forth in Exhibit A, attached hereto and incorporated herein by reference. 3. Section 6 "Compensation" shall be amended to add additional funds of Sixty Thousand Dollars ($60,000), so that the total amount of Compensation to Consultant under said Agreement and this Amendment shall not exceed Ninety Eight' €housand Dollars ($98,000). 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA, a municipal corporation of the State of California Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Lisa E. Storck Assistant City Attorney David N. Ream City Manager "CONSULTANT" O'Reilly and Associates By: Paul O'Reilly EXHIBIT 1 25K -3 25K -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AGREEMENT AMENDMENT WITH DR. ❑ As Recommended SCOTT WELDY TO PROVIDE VETERINARY El Amended El O Or rdinance on 1S' Reading SERVICES FOR THE SANTA ANA ZOO AT ❑ Ordinance on 2nd Reading PRENTICE PARK ❑ Implementing Resolution ❑ Set Public Hearing For_ �11 ilt�l CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with Dr. Scott Weldy for the provision of veterinary services at the Santa Ana Zoo at Prentice Park in the amount of $75,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Zoo at Prentice Park is required by the United States Department of Agriculture and the Association of Zoos and Aquariums (AZA) to provide veterinary services for the collection of animals maintained at the Zoo. Dr. Scott Weldy has provided veterinary services for the Santa Ana Zoo at Prentice Park for the past two years. Dr. Weldy has extensive knowledge of the Zoo's animal collection and has more than 20 years of zoo experience with exotic animal veterinarian medicine. Further, prior to his selection, Dr. Weldy had performed satisfactorily for ten years as backup vet for the Zoo's previous contract veterinarian and often filled in during her absence. Dr. Weldy will continue to provide a comprehensive program of preventative and curative medical care for the entire Zoo collection. Dr. Weldy will visit Zoo facilities a minimum of 12 hours per week to examine the animals' health and sanitation, and assist with maintaining complete medical history records for each animal in the animal collection. The current agreement with Dr. Weldy is due to expire on June 30, 2010. This agreement amendment will extend the term from July 1, 2010 through June 30, 2011. 25L -1 Agreement with Dr. Weldy May 3, 2010 Page 2 FISCAL IMPACT Funds for this agreement will be identified in the FY 2010 -11 Santa Ana Zoo at Prentice Park, Other Contractual Services expenditure account (no. 01113220 62300). Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency Approved as to Funds and Account: A�m�z. �'-\ r -I:, � k 1 „� - Francisco Gutierrez, Executive Director Finance and Management Services Agency_4- 25L -2 FIRST AMENDMENT TO CONSULTANT AGREEMENT THIS AMENDMENT, made and entered into this 1St day of July, 2010 by and between Scott Weldy DVM, dba Serrano Animal & Bird Hospital (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 parties entered into Agreement # A- 2006 -277, ( the " Agreement ") by which Consultant has provided veterinarian services to the City. B. The parties wish to amend the Agreement to modify the Scope of Services, Compensation and Term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Amendment, the parties agree as follows: 1. Section l., SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: 661. SCOPE OF SERVICES Consultant shall provide veterinary services to the Santa Ana Zoo at Prentice Park, as set forth in Exhibit A to this Agreement." Section 2., COMPENSATION, shall be deleted in its entirety and replaced with the following: 662. 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. Maximum amount for reimbursable expenses shall be $10,000.00. Provided however, the total sum to be expended under this Agreement, shall not exceed $75,000 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." Section 3., TERM, shall be deleted in its entirety and replaced with the following: "3. TERM This Agreement shall commence on the date first written above and terminate on July 31, 2011, unless terminated earlier in accordance with Section 12, below." 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 1 25L -3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager SERRANO ANIMAL AND BIRD HOSPITAL SCOTT WELDY, DVM Owner Tax ID # 2 25L -4 "EXHIBIT A" CONSULTANT'S OBLIGATIONS I. CONSULTANT OBLIGATIONS CONSULTANT agrees to render veterinary services to the CITY at the Santa Ana Zoo and in the home practice /place of business on a continuing basis for the duration of this Agreement, including, but not limited to the following: A. Serve as a medical officer for the Santa Ana Zoo's animal collection. B. Serve as caretaker of drugs, narcotics, and pharmaceutical equipment. CONSULTANT also will administer or supervise, including verbal and written communications on the administration of narcotics, pharmaceuticals, and pharmaceutical equipment for the animals in the collection. C. Provide a comprehensive program of preventative and curative medical care for the animal collection; including annual and routine exams, annual review of the nutritional needs of all species and recommendations for any dietary changes, and a comprehensive parasite treatment plan for all species. D. Consult with appropriate zoological and /or human experts and zoo staff to make recommendations regarding the nutritional and medical needs of the collection. E. Visit the Zoo facilities and examine the animal's health on average 12 hours per week. The Zoo Curator and the CONSULTANT will decides on the hours on an as needs basis. F. Assist the Zoo Curator in establishing and maintaining complete medical history records for each animal in the collection. G. Approve the detailed report of medical treatment administered and other services performed at each visit as prepared by Zoo staff (or by the veterinarian) and sign the zoo vet visit log (time sheet) for the Zoo files. H. Exercise his/her best professional judgment and practice and make his/her best efforts to maintain the animals. Advise Zoo staff on maintenance of same so as to insure the best medical, husbandry, enrichment and living conditions possible for the animal collection. I. Provide telephone consultation, advice and instructions of prescriptions on a reasonably unlimited basis, either with staff or other consulting veterinarians. Provide a signature as our consulting /attending veterinarian, for necessary and required certificates, documents, licenses or permits. J. Provide a signature as the City consulting/attending veterinarian for necessary and required certificates, licenses, permits and other documents. K. Advise on and ordering of medicine, supplies or instruments. L. Obtain at his /her cost, medical malpractice insurance. II. CITY OBLIGATIONS In order to assist CONSULTANT in execution of his/her responsibilities under this agreement and to enhance the care of the animals in the collection, the CITY agrees to do the following: 3 25L -5 A. Maintain a pharmaceutical safe for the storage of all controlled drugs and narcotics. B. Maintain a facility for the use in the surgery and /or treatment of the collection with recovery and holding cages and related equipment as necessary at the zoo. C. Provide CONSULTANT with staff support from Zoo personnel. D. Purchase equipment, biological, drugs, narcotics, pharmaceuticals and /or other medical supplies upon request of CONSULTANT. E. Provide staff assistance for the capture and treatment of animals. F. Provide staff treatment of specimens on telephone or written instructions from CONSULTANT. G. Provide additional veterinarians, where advisable for emergencies and for these services. H. Maintain diagnostic or treatment notes filed in our records by backup veterinarians we may employ, for the CONSULTANT'S review or use. I. Pay for all outside laboratory expenses incurred as a result of CONSULTANT'S supervision of animals in the collection. J. Pay all other expenses necessary for the care of the collection when recommended by CONSULTANT and approved by the Executive Director of the Parks, Recreation and Community Services Agency or his designated representative. III. COMPENSATION CONSULTANT agrees to perform the professional services as set forth herein and CITY agrees to pay CONSULTANT for all such services at the rate of $65,000 for twelve months for 12 hours per week at the Zoo. There will be additional charges at the normal clinic rate for animals taken to Dr. Weldy's place of business and for emergency calls to the zoo after Zoo hours. Contract amount not to exceed $75,000.00. Said fees shall be paid not later than 30 days after receipt of invoice from CONSULTANT. CITY agrees to pay cost of materials, supplies and laboratory fees incurred for treatment of Zoo specimens taken to CONSULTANT'S home hospital for treatment. 4 25L -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: CONSOLIDATED FIVE -YEAR PLAN AND ANNUAL ACTION PLAN CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1ST Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the Consolidated Five -Year Plan for 2010 -2014 and Annual Action Plan and authorize its submittal to the United States Department of Housing and Urban Development. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its regular meeting on April 20, 2010, by a vot e Housing Commission recommended that the City Plan for 2010 -2014 and Annual Action Plan and Department of Housing and Urban Development. DISCUSSION of 4:0, the Community Redevelopment and Council approve the Consolidated Five -Year authorize its submittal to the United States The Consolidated Five -Year Plan (Exhibit 1) is a comprehensive planning and application document that covers the four entitlement grants that the City receives each year from the U. S. Department of Housing and Urban Development (HUD). Those grants are the Community Development Block Grant (CDBG), HOME Investment Partnerships Grant (HOME), Emergency Shelter Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA). The Consolidated Plan evaluates the community's need for affordable and supportive housing, community development programs, social services, and economic opportunities. It outlines a strategy to meet those needs and identifies programs and resources that can be used to address them. The Strategic Plan, which is one of the elements of the Consolidated Plan, describes the objectives that the City of Santa Ana hopes to accomplish in the area of housing and community development over the next five years, the strategies with which the City intends to achieve those objectives and identifies the outcomes to be accomplished over the next five years. In order to identify the priorities, a survey of community needs was prepared. Nearly 9,000 letters and flyers announcing the survey's availability online were mailed to residents and stakeholders. Copies of 29A -1 Consolidated Five -Year Plan and Annual Action Plan May 3, 2010 Page 2 the survey itself were also mailed to 2,400 residents, community /business leaders, CDBG /ESG interest lists and Housing Authority participants. From October 15, 2009 to January 15, 2010, the Consolidated Plan and the survey were presented at numerous neighborhood association meetings, and laptops were available to enable residents to enter their survey responses online. Over 1,500 responses were received and used to identify resident and stakeholder priorities among needs that can be addressed with the City's federal grant funds. The proposed priorities are organized into five different goals relating to owner - occupied and renter - occupied housing needs, homeless needs, special needs populations, and community needs consistent with HUD guidelines. The objectives and strategies identified respond to those needs. The Consolidated Plan also includes the first of five Annual Action Plans that will be prepared during the five -year period covered by the Plan. The Annual Action Plan describes the intended use of the entitlement grants for fiscal year 2010 -11. HUD regulations require that residents and other stakeholders have the opportunity to comment on the proposed Consolidated Plan, and that their comments be given consideration in preparation of the final document. On March 22 and April 5, 2010, notification was published in the Orange County Register indicating that the draft Consolidated Plan was available for review and that the public comment period ended on April 20, 2010. The notification was also published in the Nguoi Viet and La Opinion. All comments received will be included in the final document submitted to HUD. FISCAL IMPACT There is no fiscal impact associated with this action. Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency CJN /SLB /mlr Exhibit: 1. Consolidated Five -Year Plan Draft REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: EXTENSION OF VARIANCE NO. 2008 -03 TO ALLOW THE CONSTRUCTION OF TWO COMMERCIAL BUILDINGS AT 1501 WEST MACARTHUR BOULEVARD r 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 Adopt a resolution approving the extension of Variance No. 2008 -03. DISCUSSION In May 2008, the City Council approved General Plan Amendment No. 2008 -02, Amendment Application No. 2008 -02 and Variance No. 2008 -03 to allow the construction of two commercial buildings at the northeast corner of MacArthur Boulevard and Plaza Drive. The general plan amendment and amendment application (zone change) were to redesignate the properties to allow commercial uses, while the variance allowed a reduction in the landscaped setbacks (Exhibit 1). Due to a significant shift in the local, state and national economies over the past two years, Newport Real Estate Services Inc. has been unable to secure the tenants necessary to begin construction. Entitlements for development projects expire two years from the date of approval unless construction has commenced. Since construction has yet to begin, the applicant would like to maintain the entitlement for the variance and is requesting an extension. As the general plan amendment and rezoning are permanent actions, no extension of these entitlements is needed. However, Section 41- 647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an extension of a variance. The project is currently in building plan check and permits are ready to be issued. The applicant is hopeful that the economic conditions will improve in the near future and allow construction to commence. As a result, staff recommends that the entitlements for the commercial buildings be extended by a period of one year. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. 55A -1 Extension of Variance No. 2008 -03 May 3, 2010 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. J . Trevino Executive Director Planning and Building Agency VF: rb vf\reportsXva08- 03.extension.cc Exhibit: 1. Site Plan 55A -2 3 M?e„ II,I III 4� U31NR:) 11V L32i Q3SOdOxd g F,� x _"ate g 2H e �—Iii3 IF _ _ e T iq ®5F '�s �j- gx�' I Q ��e Hi �°6 "fie 4F 'g;� WiL ° � @ e xF <<z a`s<s19 a .F- — - yf r I a xa .ew a � &8 g pie c° g �i. 411 �e p gaffs° x x %� aE� I �� •� I _ I .� x 88io $I E - _x qp a` •sly rs: -- I t `Iy _ jg � Iy� p y i v g�S Ci aExs ap °�saex§ ncs._�o�m I sa- a s K LL in 02 'o -'f ou 2 r C y p•S _ .a 3 x 3 I _— w e ge J c Jill m rx° M -i4 I r � �s •s Y� $ �� _g d�O Fnnd IBIT 1 vz >° m Z a LU � J U I I Q I � II � ;caaeg e �—Iii3 IF _ _ e T iq ®5F '�s �j- gx�' I Q ��e Hi �°6 "fie 4F 'g;� WiL ° � @ e xF <<z a`s<s19 a .F- — - yf r I a xa .ew a � &8 g pie c° g �i. 411 �e p gaffs° x x %� aE� I �� •� I _ I .� x 88io $I E - _x qp a` •sly rs: -- I t `Iy _ jg � Iy� p y i v g�S Ci aExs ap °�saex§ ncs._�o�m I sa- a s K LL in 02 'o -'f ou 2 r C y p•S _ .a 3 x 3 I _— w e ge J c Jill m rx° M -i4 I r � �s •s Y� $ �� _g d�O Fnnd IBIT 1 vz >° m Z a LU � J U I I Q I � II 55A -4 KO — 4/22/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF VARIANCE NO. 2008 -03 AS CONDITIONED FOR ONE YEAR FOR THE PROPERTY LOCATED AT 1501 WEST MACARTHUR BOULEVARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On May 5, 2008, the City Council held a duly noticed public hearing on General Plan Amendment No. 2008 -01, Amendment Application No. 2008- 02 and Variance No 2008 -03 to allow a reduction in the required building setback along Macarthur Boulevard from fifteen feet to ten feet for the property located at 1501 West MacArthur Boulevard. B. The applicant has requested a one year extension Variance No. 2008 -03. C. The extension request came before the City Council on May 3, 2010. D. The project has been delayed according to the applicant due to the current economic environment. E. Pursuant to City of Santa Ana Municipal Code section 41 -647, where construction does not commence these types of entitlements expire after two years unless the applicant applies for, and the City Council approves, an extension. F. In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. Section 2. Variance No. 2008 -03 as conditioned is hereby extended for a period of one (1) year from the date of this Resolution. This decision is based upon the evidence submitted, which includes but is not limited to the Request for Council action dated May 3, 2010 and exhibit attached thereto, and any public testimony, all of which are incorporated hereby this reference. Resolution No. 2010 -XXX 55A -5 Page 1 of 2 Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of May, 2010. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2010 -XXX Page 2 of 2 55A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: RESOLUTION TO PROVIDE WATER SERVICE TO FORMER CUSTOMERS OF THE DIAMOND PARK MUTUAL WATER COMPANY .; CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution to accept State grant funding, construct public water system improvements and provide service to former customers of the Diamond Park Mutual Water Company. DISCUSSION Diamond Park Mutual Water Company ( DPMWC) is a small private water system that serves approximately 90 properties in the Valley Adams Neighborhood. The water company was founded in 1930. In recent years, the DPMWC system has suffered from many severe deficiencies, including the following: • The water is high in nitrates and is unsafe to drink. • The private water company is nonfunctional in all areas, including financial, technical, operational, and managerial. • Frequent water system leaks and equipment failures cause the water service to be unreliable. The State Department of Public Health (DPH) and the residents served by DPMWC are now requesting that water service be provided by the City. For this to occur, public water system improvements (water mains, fire hydrants, and meters) must be constructed. The cost to construct these improvements is approximately $1,000,000. The DPH has filed an application on behalf of DPMWC for a State Revolving Fund grant that will cover 80 percent of the cost to construct the public water system improvements. A survey was completed which showed the median household income to be below $28,000 for this area. Given the results of this survey, the probability of receiving a grant is high. 55B -1 Resolution to Provide Water Service to Former Customers of DPMWC May 3, 2010 Page 2 In order to receive a grant, the City must agree to accept a low interest loan from the State Revolving Fund that will cover the remaining 20 percent of the construction costs of the public water system improvements. Costs to offset this loan will be recovered through connection fees collected from DPMWC customers. ENVIRONMENTAL IMPACT A Notice of Exemption and Statutory Exemption (ER# 2010 -065) has been prepared for this project. FISCAL IMPACT Funds for construction of the water system improvements are available in the Water Capital Construction program (accounting unit 06617647 - 66220). Construction costs will be reimbursed to the City from the State grant and connection fees charged to property owners. r— Raul Godinez II Executive Director Public Works Agency RG /RB /mz Exhibit: 1. Resolution APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Jxs (04/05/10) RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO ACCEPT STATE GRANT FUNDING, CONSTRUCT PUBLIC WATER SYSTEM IMPROVEMENTS AND PROVIDE SERVICE TO FORMER CUSTOMERS OF DIAMOND PARK MUTUAL WATER COMPANY 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 finds, determines and declares as follows: A. The Diamond Park Mutual Water Company ( DPMWC) is a privately owned mutual water company that provides domestic water service to approximately 90 residences in the City of Santa Ana. B. The well serving DPMWC is contaminated with nitrates and does not meet Title 22 drinking water standards. The water system infrastructure (pipelines, well, and tank) is obsolete and fails frequently, resulting in water outages to DPMWC customers. C. The Board of Directors of DPMWC has by resolution declared intent to cease operations and direct their customers to connect to the City's water system. D. The cost to construct the public water system improvements required to serve DPMWC is estimated at approximately $1,000,000. E. The State of California Department of Public Health has filed an application on behalf of DPMWC for a State Revolving Fund grant that will cover 80% of the construction costs. Section 2. Should DPMWC be awarded the State Funds, the City of Santa Ana agrees to accept the State Revolving Fund grant and use the grant funds to cover 80% of the construction costs of public water system improvements. Section 3. Should DPMWC be awarded the State Funds, the City of Santa Ana agrees to accept and repay a State Revolving Fund loan in an amount that will cover the remaining 20% of the construction costs of public water system improvements. Costs to offset this loan will be recovered through connection fees collected from DPMWC customers. Resolution No. 2010 -XXX Page 1 of 3 l : J Section 4. Upon completion of the public water system improvements, the City of Santa Ana will make available water service to DPMWC customers, contingent upon each customer paying all required fees and complying with city codes and regulations for service. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2010 -XXX Page 2 of 3 2010. Miguel A. Pulido Mayor 55B -4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2010 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55B -5 Resolution No. 2010 -XXX Page 3 of 3 6, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED RESOLUTION TO PROVIDE WATER ❑ As Recommended SERVICE TO FORMER CUSTOMERS OF ❑ As Amended THE CATALINA STREET PUMP OWNERS El El on 1St Reading ❑ Ordinance on 2nd Reading ASSOCIATION ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /,X '% ,�_ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution to accept State grant funding, construct public water system improvements and provide service to former customers of the Catalina Street Pump Owners Association. DISCUSSION The Catalina Street Pump Owners Association ( CSPOA) is a small private water system that serves approximately 54 properties located on Roosevelt Street west of Euclid Avenue. In recent years, the CSPOA system has failed to meet Title 22 drinking water standards. The well serving CSPOA is contaminated with uranium and the Association does not have a regular certified operator and cannot afford to purchase a water treatment system. The State Department of Public Health (DPH) and the Treasurer for CSPOA are now requesting water service to be provided by the City of Santa Ana. In order for service to be provided, public water system services and meters must be constructed at each parcel. The cost to construct these improvements is approximately $120,000. The DPH has filed an application on behalf of CSPOA for a State Revolving Fund grant that will cover 80 percent of the cost to construct public water system improvements. A survey was completed which showed the median household income to be below the State's $48,000 threshold to receive grant funding. Given the results of this survey, the probability of receiving a grant is high. In order to receive a grant, the City of Santa Ana must agree to accept a low interest loan from the State Revolving Fund that will cover the remaining 20 percent of the construction costs of the public water system improvements. Costs to offset this loan will be recovered through connection fees collected from CSPOA customers 55C -1 Resolution to Provide Water Service to Former Customers of CSPOA May 3, 2010 Page 2 ENVIRONMENTAL IMPACT A Notice of Exemption and Categorical Exemption (ER# 2009 -190) has been prepared for this project. FISCAL IMPACT Funds for construction of the water system improvements are available in the Water Capital Construction program (accounting unit 06617647- 66301). Construction costs will be reimbursed to the City from the State grant and connection fees charged to property owners. "Y%O�F- RauTGodinez II Executive Directo Public Works Agency RG /RB /mz Exhibit: 1. Resolution APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 55C -2 Jxs (04/05/10) RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO ACCEPT STATE GRANT FUNDING, CONSTRUCT PUBLIC WATER SYSTEM IMPROVEMENTS AND PROVIDE SERVICE TO FORMER CUSTOMERS OF CATALINA STREET PUMP OWNERS ASSOCIATION 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 finds, determines and declares as follows: A. The Catalina Street Pump Owners Association ( "CSPDX) is a privately owned water system that provides domestic water service to approximately 54 residences in the City of Santa Ana. B. The well serving CSPOA is contaminated with uranium and does not meet Title 22 drinking water standards. The CSPOA does not have a regular certified operator and cannot afford to purchase a water treatment system. C. The Treasurer for CSPOA has declared his intent to cease operations and direct CSPOA customers to connect to the City's water system. D. The cost to construct the public water system improvements required to serve the current CSPOA customers is estimated at approximately $120,000. E. The State of California Department of Public Health has filed an application on behalf of CSPOA for the award of a State Revolving Fund grant that will cover 80% of the construction costs. Section 2. Should CSPOA be awarded the State Funds, the City of Santa Ana agrees to accept the State Revolving Fund grant and use the grant funds to cover 80% of the construction costs of public water system improvements. Section 3. Should CSPOA be awarded the State Funds, the City of Santa Ana agrees to accept and repay a State Revolving Fund loan in an amount that will cover the remaining 20% of the construction costs of public water system improvements. Costs to offset this loan will be recovered through connection fees collected from CSPOA customers. Resolution No. 2010 -XXX Page 1 of 3 55C -3 Section 4. Upon completion of the public water system improvements, the City of Santa Ana will make available water service to CSPOA customers, contingent upon each customer paying all required fees and complying with city codes and regulations for service. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2010 -XXX Page 2 of 3 , 2010. Miguel A. Pulido Mayor 55C -4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2010 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55C -5 Resolution No. 2010 -XXX Page 3 of 3 55C -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2010 TITLE: POLICY FOR ISSUANCE OF REQUESTS FOR PROPOSALS /REQUESTS FOR QUALIFICATIONS Cl-K MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION 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 In an effort to improve current practices and procedures, the City Manager's Office proposes that a formal policy be implemented regarding the issuance of Requests for Proposals (RFPs) and Requests for Qualifications (RFQs) as it relates to certain professional services contracts or development solicitations that are associated with major city projects. Typically, the responsible agency will draft the scope of services and distribute the RFP /RFQ to firms who have expressed an interest in the project or who are determined by staff to be qualified to undertake the work. Interviews are then conducted by a panel convened by staff, and a recommendation for selection and award of the agreement is forwarded to the City Council for final approval. To ensure that the City Council is aware of the overall scope of the project and associated time frames, the policy shall provide for the following: All proposed RFPs /RFQs for large contracts and consultant services shall be reviewed by the Executive Management Team (EMT) prior to their circulation to prospective vendors, consultants, developers. The detailed scope of work (including all exhibits and attachments) and the intended selection process will be placed on a City Council public meeting agenda for review and approval a minimum of two weeks prior to the issuance of the RFP /RFQ. This will allow the City Council an opportunity to provide input, recommend changes and understand the scope and time frames of major project initiatives. The proposed policy will become effective immediately following the City Council's action to receive and file. A ILS Policy for Issuance of RFP /RFQ May 3, 2010 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Cynthia J. NelsoV Deputy City Manager for Development Services Community Development Agency CJN /kg �%LV REQUEST FOR COUNCIL/ w. AGENCY ACTION``'' MEETING DATE: MAY 3, 2010 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended APPROPRIATION ADJUSTMENT AND RESOLUTION - ❑ As Amended PAYMENT TO SUPPLEMENTAL EDUCATIONAL ❑ Ordinance on 1st Reading REVENUE AUGMENTATION FUND ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For r 111 ✓�G CITY MANAGER EXECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CONTINUED TO FILE NUMBER Approve an appropriation adjustment transferring funds from the Low and Moderate - Income Housing Fund, the South Main Commercial Corridor Fund and the Tax Increment Revenue Debt Service- Merged Fund to the Merged Redevelopment Project Area Fund to make the necessary payment to the County Supplemental Educational Revenue Augmentation Fund as required by legislation implementing the California State Budget for FY 2009 -2010. COMMUNITY REDEVELOPMENT AGENCY ACTION Adopt a resolution finding that borrowing $3,679,545 in Housing Set -Aside Funds and $6,302,827 in South Main Commercial Corridor funds to make the FY 2009 -2010 payment to the Supplemental Educational Revenue Augmentation Fund is necessary due to the insufficiency of other revenue sources. DISCUSSION As a result of Assembly Bill X4 26 implementing the California State Budget for FY 2009 -2010, the Community Redevelopment Agency is required to make a $17,889,256 payment to the County Supplemental Educational Revenue Augmentation Fund (SERAF) by May 10, 2010. In order to make this payment, the Agency will need to borrow funds from two of its accounts (Low and Moderate Income Housing Fund and South Main Commercial Corridor Fund), as well as use prior year funds and eliminate certain planned projects. The legislation allows the Agency to borrow the amount required to be allocated from the Low and Moderate - Income Housing Fund during FY 2009 -2010 to make this payment. The funds may be AA & RESOLUTION - SERAF May 3, 2010 Page 2 borrowed for up to five years. The Agency may also borrow other available tax increment funds to meet the obligation. In both cases, the Agency must adopt a resolution making a finding that there are insufficient other monies to make the required payment. In the fall of 2009, the California Redevelopment Association filed a lawsuit challenging the constitutionality of AB X4 26 and the requirement for Redevelopment Agencies to make the SERAF payments to the County Auditor /Controller. A ruling on the merits of the case is anticipated to be released by May 4, 2010. The proposed fund transfers are in anticipation of the payment being due. Until this matter is judicially resolved, the legislation implementing the State's FY 2009 -2010 budget still authorizes the County Auditor /Controller to withhold property tax revenue from the City's General Fund to the extent that the $17,889,256 payment is found to be constitutional and payment is not made by the Community Redevelopment Agency on or before May 10, 2010. FISCAL IMPACT City /Agency approval of the appropriation adjustment and resolution will make funds available in the Merged Project Area Fund account (no. 57018843 - 69166) and will enable staff to make the $17,889,256 payment to the County Auditor for deposit into the SERAF on or before May 10, 2010. Nancy T. E ards Assistant D ector Community Development Agency CJN /NTE /EB /kg �:1111 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency