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Home My WebLink About FULL PACKET_2015-12-01MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA NOVEMBER 17, 2015 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:13 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tem ANGELICA AMEZCUA P. DAVID BENAVIDES (5:25 P.M.) ROMAN A. REYNA (5:18 P.M.) SAL TINAJERO COUNCILMEMBERS Absent: MICHELE MARTINEZ STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:13 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Chou, Matt, et al. v. City of Santa Ana, et al. United States District Court, Central District of California, Case No. SA CV15-00941 CITY COUNCIL MINUTES 1 NOVEMBER 17, 2015 10A-1 PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to Section 54957(b)(1) of the Government Code: Title: Clerk of the Council CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 5:45 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 10A-2 NOVEMBER 17, 2015 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:46 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tem ANGELICA AMEZCUA P. DAVID BENAVIDES ROMAN A. REYNA SAL TINAJERO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: MICHELE MARTINEZ STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council ANTHONY MENDOZA NUNEZ, JOHN MUIR FUNDAMENTAL ELEMENTARY SCHOOL TOM JONES, POLICE CHAPLAIN CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER AMEZCUA to Fix Auto Santa Ana, Allstate Insurance and Family Promise of Orange County for their generosity in gifting reliable transportation to a needy family. CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO on behalf of COUNCILMEMBER MARTINEZ to Julio Cesar Guzman for his heroic efforts in assisting the police in the capture of a suspect. CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO on behalf of COUNCILMEMBER MARTINEZ to Grandma's House of Hope; Illumination Foundation , Mercy House Living Centers; Southwest Community Center; Thomas CITY COUNCIL MINUTES 3 NOVEMBER 17, 2015 10A-3 House Shelter; and WISEPlace in recognition Homeless Month and their compassionate work with the homeless community. OATH OF OFFICE Administered by Clerk of the Council to Daniel Ramirez, Arts and Culture Commissioner CLOSED SESSION REPORT - Nothing to report. PUBLIC COMMENTS • Robert McGrath, representing TriTech Software Systems, spoke in favor of Agenda Item 25B. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 31A: MOTION: Tinajero SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR OPEN MEETING OF NOVEMBER 3, 2015 {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office MOTION: Approve Minutes. CITY COUNCIL MINUTES 4 NOVEMBER 17, 2015 10A-4 NOTICE OF PUBLIC HEARING 12A. DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT — INTENT TO LEVY ASSESSMENT FOR THE YEAR 2016 {STRATEGIC PLAN NO. 3, 4F} - Community Development Agency Recommended Action approved by the Community Redevelopment and Housing Commission on November 10, 2015 by a 4-0 vote (Leon abstained). MOTION: 1. Approve the 2016 Assessment Report for the Downtown Santa Ana Business Improvement District, which is administered by two organizations, the Santa Ana Business Council and Downtown Incorporated. 2. Adopt a resolution. RESOLUTION NO. 2015-062 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT FOR THE YEAR 2016 3. Set a public hearing for Tuesday, December 15, 2015. BOARDS / COMMISSIONS / COMMITTEES 13A. AGENDA AND MINUTES FROM THE NOVEMBER 9, 2015 FINANCE, ECONOMIC DEVELOPMENT & TECHNOLOGY COUNCIL COMMITTEE {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Receive and file. 13B. BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT APRIL 2015 THROUGH SEPTEMBER 2015 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Receive and file. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None CITY COUNCIL MINUTES 5 NOVEMBER 17, 2015 10A-5 19B. EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse absence of Councilmember Martinez from said meeting. 19C. DESTRUCTION OF OBSOLETE CITY RECORDS — FINANCE MANAGEMENT SERVICES {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013-014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. 19D. STRATEGIC PLAN MONTHLY REPORT FOR OCTOBER 2015 {STRATEGIC PLAN NO. 5, 11 - City Manager's Office MOTION: Receive and file. 19E. QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2015 {STRATEGIC PLAN NO. 4, 1) - Finance & Management Services MOTION: Receive and file. 19F. STATEMENT OF AUDITING STANDARDS PLANNING LETTER FOR THE YEAR -ENDED JUNE 30, 2015 {STRATEGIC PLAN NO. 4, 1} - Finance & Management Services MOTION: Receive and file. CITY COUNCIL MINUTES 6 NOVEMBER 17, 2015 10A-6 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROPRIATION ADJUSTMENT AND AMENDMENT - SAFE MOBILITY STUDY TO PROVIDE ADDITIONAL TRANSPORTATION/TRAFFIC PLANNING AND ENGINEERING SERVICES {STRATEGIC PLAN NO. 5, 6B} — Public Works Agency and Police Department MOTION; 1. AGMT. NO. 2015-250 - Authorize the City Manager and the Clerk of the Council to amend an agreement with Nelson\Nygaard Consulting Associates, Inc., subject to non -substantive changes approved by the City Manager and City Attorney, in an amount of $80,000 for a revised total amount not to exceed $360,000 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016-058 - Recognizing an additional $80,000 in Residential Street Improvement revenue and appropriating the same amount into the Residential Street Improvement expenditure account. 20B. APPROPRIATION ADJUSTMENT FOR CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS LAW ENFORCEMENT FUNDING {STRATEGIC PLAN NO. 1, 3B} - Police Department MOTION; Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2016-059 - Recognizing $295,610 in Board of State and Community Corrections Local Assistance law enforcement funds from the California Board of State and Community Corrections in the Police Block Grants revenue account and appropriate same to the grant expenditure account. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 15-094 & 15-095 - PURCHASE OF A 2016 GMC SAVANA PASSENGER VAN AND A GMC TERRAIN SUV {STRATEGIC PLAN NO. 6, 2} - Finance & Management Services CITY COUNCIL MINUTES 7 NOVEMBER 17, 2015 10A-7 MOTION: Authorize a one-time purchase and issuance of a purchase order to Reynolds Buick, Inc. in an amount not to exceed $61,390 subject to non -substantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 15-099 - COPPER TUBING (STRATEGIC PLAN NO. 6, 1C) (Public Works Agency) - Finance & Management Services MOTION: Award contracts for a one-year period expiring October 31, 2016, with provisions for three one-year renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $85,000, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors; Vendor Location Ferguson Enterprises Santa Ana H. D. Supply Waterworks Santa Ana S & J Supply Co. Inc. Santa Fe Springs AGREEMENTS 25A. AGMT. NO. 2015-251 - MEMORANDUM OF UNDERSTANDING WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) {STRATEGIC PLAN NO. 7, 6) - Personnel Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding with the Service Employees International Union, subject to non -substantive changes approved by the City Manager and City Attorney, regarding wages and other terms and conditions of employment for a two-year period ending June 30, 2017. The agreement will result in a cost of $1,887,500 during fiscal year 2015-16 and a cost of $3,407,500 during fiscal year 2016-17 for a total cost to the City of $5,295,000 during the term of the Memorandum of Understanding. 25B. AGMT. NO. 2015-252 — PURCHASE AND SUPPORT OF AN INTEGRATED SOFTWARE SYSTEM COMPRISED OF COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM (STRATEGIC PLAN NO. 1, 2A) - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute an eight-year agreement with TriTech Software Systems for the purchase and support of an integrated software system for the Police Department, commencing November 17, 2015, in an amount not to exceed $3,514,438.39, and an additional $213,000 contingency CITY COUNCIL MINUTES 8 NOVEMBER 17, 2015 10A-8 totaling $3,727,438.39, subject to non -substantive changes approved by the City Manager and City Attorney. 25C. AGMT. NO. 2015-253 - COMPUTER AIDED DISPATCH SYSTEM SOFTWARE MAINTENANCE AND SUPPORT SERVICES {STRATEGIC PLAN NO. 1, 3A} - Police Department MOTION: Authorize the City Manager and the Clerk of the Council to execute a one-year agreement with Tiburon, Inc. for the period of December 1, 2015 to November 30, 2016 in an amount not to exceed $44,159, subject to non -substantive changes by the City Manager and City Attorney. 25D. AGMT. NO. 2015-254 - SECURITY GUARD SERVICE AT THE SANTA ANA MAIN LIBRARY {STRATEGIC PLAN NO. 1, 1C} - Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with G4S Secure Solutions Inc., for an additional 20 hours of security guard services per week at the Main Public Library not to exceed $10,794, which includes 15% contingency for the remainder of the contract, ending on May 31, 2016, subject to non -substantive changes approved by the City Manager and City Attorney. 25E. AGMT. NO. 2015-255 - COMMUNITY ORIENTED POLICING SURVEY {STRATEGIC PLAN NO. 1A} - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute an eight-month agreement with Chapman University, for the period of November 17, 2015 to June 30, 2016, for Professional Services in an amount not to exceed $30,600, subject to non - substantive changes approved by the City Manager and City Attorney. 25F. AGMT. NO. 2015-256 - LEASE FOR WESTEND SUBSTATION OFFICE LOCATED AT 3750 W. MCFADDEN UNIT #1 {STRATEGIC PLAN NO. 1, 1 F} - Police Department MOTION: Authorize the City Manager and Clerk of the Council to enter into a one-year lease agreement with Rio West, LLC, for a period of November 1, 2015 to October 31, 2016, in an amount not to exceed $29,664, subject to non -substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 9 NOVEMBER 17, 2015 10A-9 25G. AGMT. NO. 2015-257 - DONATION FOR WEEKLY READING PROGRAM, LEYENDO EN FAMILIA {STRATEGIC PLAN NO. 5, 4) — City Manager's Office MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Latino Health Access for a one-time donation amount of $1,000, subject to non -substantive changes approved by the City Manager and the City Attorney. LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2015-17 TO ALLOW A CARE HOME AT 2151 EAST FIRST STREET - COMMUNITY DEVELOPMENT PARTNERS, APPLICANTS (STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency Planning Commission approved recommended action on October 26, 2015, by a vote of 6-0 (Alderete absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2015-17 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM (CTFP) GRANT APPLICATIONS FOR STREET IMPROVEMENTS (STRATEGIC PLAN NO. 6, 1 G) - Public Works Agency MOTION: 1. Adopt a resolution. RESOLUTION NO. 2015-063 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE CITY COUNCIL MINUTES 10 NOVEMBER 17, 2015 10A-10 COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM 2. Direct staff to amend the Seven -Year Capital Improvement Program to incorporate the Comprehensive Transportation Funding Program projects list. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) 55B. ADOPTION OF MEASURE M2 YEAR-END EXPENDITURE REPORT TO BE SUBMITTED TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) {STRATEGIC PLAN NO. 6, 1G) - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2015-064 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE FY 2014/15 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SANTA ANA MOTION: Reyna SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) 55C. EXTENSION OF CONDITIONAL USE PERMIT NO. 2013-19 FOR A TYPE 41 ABC LICENSE FOR THE DOWNTOWN 414 RESTAURANT TO BE LOCATED AT 414 WEST FOURTH STREET {STRATEGIC PLAN NO. 3, 2; 3, 41 - Planning and Building Agency MOTION: Adopt a resolution. CITY COUNCIL MINUTES 11 NOVEMBER 17, 2015 10A-11 RESOLUTION NO. 2015-065 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2013-19 FOR A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE FOR ONE YEAR FOR THE PROPERTY LOCATED AT 414 WEST FOURTH STREET MOTION: Tinajero SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) REPORTS 65A. APPROVE YOUTH COMMISSION BYLAWS AND PROVIDE POLICY DIRECTION ON AGE REQUIREMENT OF REGULAR MEMBERS AND ELIGIBILITY OF COLLEGE STUDENTS RELOCATED OUTSIDE OF CITY LIMITS (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office and Parks, Recreation and Community Services Council discussion ensued. Unanimously agreed to maintain age requirement for Regular members and not increase to 24 years of age as recommended by the Youth Commission. Also, although teleconferencing is acceptable for some meetings, not conducive for long term, important to attend events locally. MOTION; 1. Approve the bylaws of the Youth Commission as proposed by the Youth Commission members. 2. Provide policy direction, on following issues: a. Should the age requirement of Regular Members be increased to 16-24 years of age? No. Maintain age requirement of Regular Members status quo of 16-20 years of age. b. Should Youth Commission members relocated outside of City limits to attend college/university be able to continue serving on the Commission? No. Support past practice of vacating their seat when they relocate outside of the City limits. CITY COUNCIL MINUTES 12 NOVEMBER 17, 2015 10A-12 MOTION: Amezcua SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) 65B. UPDATES TO THE CITY'S SECOND DWELLING UNIT ORDINANCE {STRATEGIC PLAN NO. 5, 3) - Planning and Building Agency MOTION: Direct staff to initiate the Zoning Code Update process for the Second Dwelling Unit Ordinance as proposed. MOTION: Amezcua SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) 65C. UPDATES TO THE CITY'S ZONING CODE {STRATEGIC PLAN NO. 3, 2B} - Ptlanning and Building Agency MOTION: Direct staff to initiate the Zoning Code Update process as proposed. MOTION: Amezcua SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) CITY COUNCIL MINUTES 13 NOVEMBER 17, 2015 10A-13 65D. 6TH /LACY STREET AND RAITT/MYRTLE STREET REAL PROPERTY ACQUISITIONS USING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO PROVIDE FOR OPEN SPACE {STRATEGIC PLAN NO. 5, 4A} MOTION: Approve staff recommendation to initiate the administrative process required to acquire real properties to provide for new open space using Community Development Block Grant funds in the amount of $1,743,000 for the following properties owned by the Housing Authority as the Housing Successor Agency: • 710 E. 6th Street 714 E. 6th Street • 720 E. 6th Street 415 S. Raitt Street • 423 S. Raitt Street Further City Council actions required for this administrative process will be agendized as noted in the timeframe provided in the staff report. MOTION: Tinajero SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) COMMENTS PUBLIC COMMENTS • Rene Guzman, expressed concern with activity at the Senior Center. • Idalia Velazquez, member of OCCOG, asked why petitions not considered in surplus funds discussion. • Carmen Silva, member of OCCOG, asked for assistance with parking, may provide petitions if needed. CITY COUNCIL MINUTES 14 NOVEMBER 17, 2015 1 OA -14 90A. CITY MANAGER'S COMMENTS • Reported that $16.33 million in grant funding for Active Transportation projects received thus far. • Invited all to attend Annual Tree Lighting Ceremony on November 18th at 7 p.m. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Congratulated sports teams and coaches, 5 local high school teams have made CIF championship, 3 advanced to 2nd round; also, Pop Cheerleaders are in last tournament to qualify for Nationals; • Reflected and gave thanks for serving the community; thanked staff for dedication and leadership; • Announced that Boys and Girls Club will be handing out turkeys on Friday — asked all to give back to those less fortunate; and • Wished all a Happy Thanksgiving, Mayor Pro Tem Sarmiento: • Friday the 13th met with President Obama's Chief of Staff in Washington DC; discussed many issues including Paris Terrorist Attacks that took place that day; Also, opined that Washington DC's success and legacy mirrors our City; • Will be attending New Deal session in Washington DC on November 19th; • Thanked City Manager for attending Economic Development Summit last night; better marketing and efforts appear to have afforded a better meeting than the first one; and • Reflected on tragedy in Paris. Councilmember Amezcua: • Thanked staff for hard work and dedication; • Disclosed that she attended Hispanic Council for Reform and Education Options (HCREO) Conference in Florida paid for by the City; • Welcomed Julie Castro -Cardenas and Victor Negrete to the City of Santa Ana; and • Wished all a Happy Thanksgiving. Councilmember Reyna: • Reminder to conserve water, especially on rainy days; • Relay for Life event scheduled in early Spring; urged all to participate and support organization; • Commented that Santa Ana Youth and Government Alfredo Torreblanca chosen to be a statewide chaplain for the 68th California YMCA Youth and Government Model Legislature and Court; CITY COUNCIL MINUTES 15 NOVEMBER 17, 2015 10A-15 • Asked that we reach out to those less fortunate during this Thanksgiving; • Indicated that 7-11 Stores will be hosting 3rd annual thank heaven meal; • Welcomed Jalapenos' Restaurant and noted that will be serving free food on Thanksgiving Day; and • Asked all to shop in Santa Anal Councilmember Benavides: • Supports downtown businesses and renewal of Business Improvement District; • Comments that Main Place Mall has made significant improvements and investments in our community; • City has active partnerships with auto mall; asked Community Development to continue looking at ways to maximize our investments; • Asked staff to look into security issues raised at Senior Center; • Need for parks in the City; thanked staff to review pockets throughout the City; gang diversion; • Reflected on great strides made in recent past; • Grateful for family; reflect and give thanks; and • Happy thanksgiving Mayor Pulido: • Expressed appreciation for all that we have; need to move forward in making this a better City. ADJOURNED 6:40 p.m. - The next meeting of the City Council is scheduled for Tuesday, December 1, 2015 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Mater Dei High School Parking Structure Project • Community Engagement Plan • General Plan Update CITY COUNCIL MINUTES 16 NOVEMBER 17, 2015 10A-16 CITY OF SANTA ANA` CODE OF CONDUCT AND ETHICS COUNCIL COMMITTEE MEETING CANCELLATION NOTICE The regularly scheduled Code of Conduct and Ethics Council Committee meeting scheduled for Thursday, November 19, 2015 at 5:30 p.m. has been cancelled. A Special Meeting will take place on Monday, November 30, 2015 at 4:30 p.m. aIf you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Police, Vincent F. Sarm!ento, i Michele Martinez, i Angelica Amezcua, P. David Benavides, I Roman Reyna, Sal Tinajero, Mayor I Mayor Pro Tem, ! Ward 2 ! Ward 3 Ward 4 Ward 5 Ward 6 MPUdrdsants-ml I Ward 'I MMa9nezz,snla-aa AAnezua(a.ene-ena ra OBepevirlesrulsanre-ane.ora RRevnsralsanra-ana.orn STina omnsanra-ana om 1 VSar enbrOlsenU-en City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714-647-6900 • Agenda Item Inquiries: 714-647-6520 • Website: www.santa-ana.orq 13A-1 13A-2 REQUEST O COUNCIL CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 1, 2016 TITLE; APPROVED PUBLIC WORKS AGENCY STATUS OF ® As Recommended PROJECTS - MONTHLY CAPITAL ® As Amended IMPROVEMENT PROGRAM EXECUTIVE ® Ordinance on Read ® 20 Ordinance on ing � Reading REPORT FOR NOVEMBER 2016 ® implementing Resolution (STRATEGIC PLAN NO, 6, 1) ® Set Public I -searing For RECOMMENDED ACTION Receive and tile. CONTINUED TO FILE NUMBER The November 2015 Capital Improvement Program Executive Summary Schedule (Exhibit 1) provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes, and percentage completed for each project. OyuM� rarer i�n�:e�ir��rr,r�� This item supports the City's efforts to meet Boal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role In discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. Freta Mousaalpour Executive Director Public Works Agency FM:Io Exhibit; 1. Capital Improvement Program — Executive Summary Schedule 19C-1 19C-2 19C-3 III £ I 1 1;11 1 a- II H 11 II'I� y° O 1 r w Y I I I _ I W w I t J D n 1 A u N P O �' o Q O x 8888'88888888990 00 88 0000800000008 tQ- d Z88'0^8880888 N &88 88888888888 � 2 'a N„^SNN� N O W W W w w W e `e s a a a 3 3 "a m£££ F F F F T, [ E u a n n y .. • m a S J C Y Y Y q � Y— ry u i � q F. a ° q O C V SS 'zm rob 9 E- N� u 3 v uG6i .5 ui> = «�v aw [O- c.'ca cR9`. 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N . V . N . wi N H as a s roy<rs � c C o " g a a a E 3 c Y E c 3 23 : m C°-m°w 1;EC E tpn .s34.4 E 0 z mmm �'s - ii.Ru y �J ed "ad 5'" fNd n.4n enl�%P X'8 �IJN' G 4� ..A ., ..o.. Amoo.. ............ 19C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: PARK RANGER PROGRAM UPDATE (STRATEGIC PLAN NO. 1, 1) CITY MAN89gR RECOMMENDED ACTION Receive and file Park Ranger Update. DISCUSSION CLERK OF COUNCIL USE ONLY: I-1 As Recommended As Amended ® Ordinance on 1" Reading E] Ordinance on 2^" Reading ® Implementing RaealLltIon ® Bet Publlo Hearing Por_ C* Ie112f1111NA1,44h PILE NUMBER The Police Department assumed responsibility for the Park Ranger Program on April 18, 2015. The program is currently staffed with one full-time Park Liaison Officer (40 hours), a 20 hour part- time Park Ranger, and 40 hours of police officer overtime, for a total of 100 hours per week. On June 24, 2015 the Police Department hired its first part-time Park Ranger, Claire Baltodano. Ranger Baltodano is scheduled to complete her training in December 2015. In addition, the Police Department has learned that the one existing Park Ranger from Parks, Recreation and Community Services was approved to start his required POST requalification class on November 30, 2015 and is currently in the background investigation process. There are currently two remaining part-time Park Ranger vacancies. The Police Department continues to actively recruit Park Ranger applicants from the Orange County Sheriff's Department, Los Angeles County Sheriff's Department, San Bernardino County Sheriff's Department, California Commission on Peace Officer Standards and Training (POST), area police academies (Golden West, Rio Hondo, Orange County), and various police officer associations. To date, the Personnel Services Department has received 255 applications for the Park Ranger positions. 45 applicants possessed the minimum qualifications required by the job description. Of the 45 applicants that met the minimum qualifications, 11 remain in various stages of the recruitment process. The remaining 34 candidates failed a component of the recruitment process. The Police Department will maintain a continuous recruitment of the Park Ranger classification until the last two positions are filled. 19D-1 Park Ranger Program Update December 1, 2015 Page 2 STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to achieve (Modernize the Community Policing Philosophy to and traffic/ pedestrian/bicycle safety). FISCAL IMPACT There is no fiscal i pact associated with this item. Carlos Rojas Chief of Police Santa Ana Police Department Coal #1 - Community Safety, Objective #1, improve customer service, crime prevention 19D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS (STRATEGIC PLAN NO. 5, 1) CITY MANAQ4R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r_177i:ZiPl ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' 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 City departments in accordance with the retention schedule outlined in City Council Resolution 2013-014. DISCUSSION On April 1, 2013, 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 period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 513 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 19E-1 Destruction of Obsolete Records December 1, 2015 Page 2 of 2 FISCAL IMPACT There is no fiscal impact associated with this item. Maria D. Huizar, Clerk of v Council Attachment 19E-2 To: Sonia R. Carvalho From Maria D. Huizar Subject: Date: September 21, 2015 of the 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 2013-014. Thank you Maria D. Huizar Attachments I:IRECORDS, RETENTION & DESTRUCTION CLERK 2015WEMO- DEPT RECORDS DEST-REQUE11 EI,�-35,DOC CITY OF SANTA NA OBSOLETE RECORDS DESTRUCTION SCHEDULE CLERK OF THE COUNCIL OFFICE 2015 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE TENTIO N PERIOD D N PERIOD REMARKS CUSTODIAN AGREEMENT City Manager - Up to $25, 000 - Original Agreement T + 4 Years CCP 337.2, COTC (AGMT) Approved (N- contracts and agreements and Date 343; GC Series) back-up materials. Includes 34090 leases, equipment, services, licenses or supplies, serviceslmaintenence, medical, dental and long-term disability contracts ; may contain attachments such as deeds, insurance certificates, and RFCAs PREPARED BY: � 7 Norma Mitre Date Sr. Deputy Clerk of the Council RECORDS DESTROYED: Number of Boxes Exhibits — Agreement closed out in: CONSENT BY: Mar�Huizar Date Clerk of the Council APPROVED BY: �,2(J"y-i"Atr- Sonia R. Carvalho Date City Attorney 1. 2005 2. 2006 3. 2007 4. 2008 5. 2009 6. 2010 19E-4 Exhibit 1 "N" Agreements closed out in 2005 19E-5 19E-6 LO O p + N V C: O ®o U) L O LOO v V) U) �O E W cu 0- z O =L N Z Q N W z O aL)e W 0 0 0 0 0 0 0 0 F- Q ON W N N N N N N z O f 7 a LU O O O O O O O W w ❑ IL ul co 0 co 0 0 0 0 0 o 0 c o 0 N N O O M M O O O a 0 Z ° W O W oU U z pY own K~ (Wj Z w x U H O C) W QUa F' w d' z�- Nr Of o N w Z)Wof < N Z (n 00 W N Z � OZ M: F -z a�-W wa U Z r Z Q m W Z Q o W Q� j o N W Z� Qo, �z W QOO �UU F- QVo K0 U Do ZOo aKY 2OK ::i U zL zw z U w0 Owx� OHO U Z� jz 0 Jz QM J Z 'Jo m W Qr�\ F- ❑0-Q J Q� h LL M UO Q ZU U ❑� mo WU)m WUQ UQ Ir �co J O Z O M Z F Q M H V F- N J � U Z m J N W W mLL z �-U) Z W Z OU Z QN 72i N m z Qz �UU -Z(¢ W OQm wU' e O h M o °I S 07 f0 M M LU o m o 0 v 0 v 0 v 0 o 0 6 0 7 N N ON N N N ON Z Z Z Z Z Z Z Z J W J W Z O Z O W W Q U U 0 0 Q 0 0 J z J W O W O z O O LL W af LL' K Z Z 0 W U 0 F- IW- U U Q W K 9 O O J LL O LL O Q2 Ut Q (.5 w co Q > } W Of W m Q ww D w Z 0O g Z o0 -- Qm 4m } Q O z Q oe Q Z z z Q Z W N W N `' S i U U U U U J J z QK <m Q� Q Q Q Q 19E-7 W a N m m t E D E m t 3 4 z 2 m D 0 z p p ((0 cn � 0 O Cl) z m 0 p G O -i z O vmri D O m D r z G) 0 A ZA m z D O z D O v D AD D O D o D 7DA� D O D 0 N Cl)m N N N N N O O z z z z z z z z z N N N N N N 0 N 0 N 0 N 0 0 0 0 0 0 O O O N N O mm 00 A0 ��m �mD o« o« -> mz A -i AG) O< DDD m0� 0 ozm ozm 0z OpD O O Do wD 0 N� °Jm �<-711 mz z0 0.�m1 �-i Mm2 mm -0 �-j3 m Nm 0m oK (nD -i OL m{O S 1p j0 O� OA _m D0 D� Z-iD mOm �m� �D �D AO ZD r- tnZD N m m m-I '.. mA wfn oM A < A- A A m mZ OA O �:x 6;0 oC> o< n OZ �D OZ �D A 00 -A mm OZ z m m m 0 �-� mA -ziz rn oU) z mN mN O DO <»{ �G) mA �p � Z -I Z -I ;0 y� ON Zy D Cm Ny m m mA mA 10 O< p m N D O y o0 �"' o Z '�O z� �O Z_ OD 00 m(zi� m� Z 0 0 o { O W O O O O O O O (P N N O N O N O N O N O N O N O N O N O N N N N N N N N N 0 0 0 0 0 0 0 0 0 UI Gt fP (n (P (P (T N (T 19E-8 K rr C rt u eC 2 C C 2 D m m z C 3 W m A N C W m m z O a Q0Lu m m U F p n m W G a W T o 0 a d z0 O a a F U = a c W W p N N N N N N N N N 0 H Q 0 0 0 0 0 o O W O L z E O Mn W O O O O O O O O O T N N N N N N N N O W � 'a0 O O X c c c O O O O O O a W O O N N N N O F- OO O O O M M M M O g N N N N C Q o r P S .N o N Ir O O FW- 0 W O Q z 0 zM N o (0 Z KZ ❑Qo a:U)O o 0: ;5t a Z O❑ N 0 0 Z (7 K W o W Z 0 j =W �W (� � WO t KZ uUm oiUm K¢ �Z co Om uNiU >oid O _ F ->W F>W 0E- ��0 �(Wn pgN a j� www WWw w`a ((7U =m vzi zzd >g N=g v ci 2O �U C9Q Qh c dM 00z 00z K� ao FLL� Ngw QQw �wz A 70 Q W - Z W - F-� ❑Z 00❑ J KQ K� F' �N Q -z QaZ (nw z0 zzW Wm (�� oom M W z p O O ❑ O O W (D d Q O 2 Q O W 0 w Z (n J t o UO ❑U �C) �F- 2y '3 U Wo wZz wzz Zof CL Oz Uz0 Qg0 dU -Wi Qe» ¢aza ¢¢z_¢nW. jjo zn Uv~iU ZU� C) m�U-i o � QFW- Uw0 Z 0 mQo w0 woz ZQK wN 0�M a N Z F- C) NF -U 0.>v3 mL) F - UQ tiUQ Hz UZF- c a 0 0 me MR W o 0 0 0 9 0 0 0 o c m m o 00 0 0 0 0 0 o O1 N N N N N N N N N O w z Z Z Z Z Z Z Z z Z Y'j 1§E.10 ; (\ G2 \ \\ ( ( 2m ) ) - ƒ k( , 0> } }} \ \ \ \ 0 / k\ ) j, k , \\ \ \ \ \ \ \ \ } \ °`: : 3! )/ - })> am co \ (j $k \(k (<- 2 } \[ [\} §\\ /)\ § - `d ` z�\ m -0 G ))$ \\ [/ �(( )q> »( y ; /[ )§ wo/ _ ( : �\0 (\ §)m _ %, \ \(\ § )\ \$ ,� :m\ \` ( §: /\ \ § 2` ) ) ) ) ) /§ § ( ) \ ( ( ) ))7 ) ) ) 0 \ Q §§; e/ 1§E.10 ; (\ G2 § ( 2m \\ ƒ , 0> } \ 0 / (m j, \ \ \ } \ ca m °`: : 3! )/ - })> am co /\\ )� - \/ ® 2 gym§ §k `r § ; ) G ))$ \) [/ »( y \«% ,LD _ >§m : §\ §)m %, \ !/ § ,� ) ) ) ) ) /§ § ( ) \ ( ( ))7 Q §§; e/ 1§E.10 1§E.11 �(§ LUS 24 uj LUcl ( ( ( \ ( ( | 22 §§ a : G . § [� ( °�� (9 ] ( m Q w Of w \ c <� 2Z (D - :[` | ) za \ !wo _ 0,/w mm \� \_( ° \} \ \ �< )$ \$ b! 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T oOm O TT� oOm O T 71 N O N m A m A Z m A Z G) ZT A AR�r After 01 p.1 -n0 D D O D D A n = » S 0 T z z Z m m Z C m m A w C W 0 I O O O O O O O O K O O O V 0 m o N o y m C (n (P f11 N 0 N N N O O O 0 0 0 0 m j ' N O j cAm 2 C 0 -9 Z O m N ti 1aD m 1 0 z 14/ 1/ I C _ `'1 U1 To: Sonia R. Carvalho, City Attorney Date: November 17, 2015 From Maria D. Huizar, Clerk of the Council 7015 P' ate 2:3 ",:p! 6„ 02 Subject: REQUEST FOR DESTRUCTION OF RECORDS YP d +..I'T' ^ I r C L 1:1 The Clerk of the Council requests your approval to destroy City records on the attached listing, in accordance with the retention schedule outlined in the City Council Resolution 2013-014. Thank you. Attachments: Agreements "A" series terminated in years 2001-2010: Exhibit 1 — Years 2001-2005 "A" Series Agreements Report Exhibit 2 — Year 2006 "A" Series Agreements Report Exhibit 3 — Year 2007 "A" Series Agreements Report Exhibit 4 — Year 2008 "A" Series Agreements Report Exhibit 5 — Year 2009 "A" Series Agreements Report Exhibit 6 — Year 2010 "A" Series Agreements Report IARECORDS,RETENTION BDESTRUCTIONICLERK 20151MEMO- DEPT RECORDS DESTR REQUIi9B�189SDOC CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CLERK OF THE COUNCIL OFFICE 20'15 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE RETENTION PERIOD REMARKS CUSTODIAN AGREEMENT City Council - Original contracts and Agreement T + 4 Years CCP 337.2, COTC (AGMT) Approved (A- agreements and back-up Date 343; GC Series materials. Includes 34090 leases, equipment, services, licenses or supplies, services/maintenance, medical, dental and long- term disability contracts ; may contain attachments such as deeds, insurance certificates, and RFCAs PREPARED BY: Rose Ann Trujillo Date Sr. Deputy Clerk of the Council RECORDS DESTROYED: CONSENT BY: I - at A T—). . /d 2/dal' Maria D. Huizar Date Clerk of the Council APPROVED BY: Number of Boxes So i R. Carvalho Date ty ttorney Attachments: Agreements "A" series terminated in years 2001-2010: Exhibit 1 — Years 2001-2005 "A" Series Agreements Report Exhibit 2 — Year 2006 "A" Series Agreements Report Exhibit 3 — Year 2007 "A" Series Agreements Report Exhibit 4 — Year 2008 "A" Series Agreements Report Exhibit 5 — Year 2009 "A" Series Agreements Report Exhibit 6 — Year 2010 "A" Series Agreements Report 19E-90 EXHIBIT 1 "A" Agreements terminated in Years 2001-2005 19E-91 19E-92 C O O .fJ 0 U N L � wO N L � Q O m U) O p U W 'LJ.. 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O A N m O M �m oM om Dn 0{ ON Om Dm �m Om z O z T C Z O T j R w m v 0 m O W N m O M coo m o M om Dn r -( ON 0m Dm 6m Om z O z z i T C Z O N T -C Z m m z c 3 W m A REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: AGREEMENT WITH MODULAR BUILDING CONCEPTS, INC. FOR PURCHASE ANIS INSTALLATION OF A MODULAR BUILDING {STRATEGIC PLAN NO. 2, 2E} -_c CITY MAMA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended 0 As Amended 0 Ordinance on 1" Reading 0 Ordinance on 2A Reading 0 Implementing Resolution C] Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing Park Acquisition and Development revenue from prior years In account (no. 31313002 50001) and appropriate funds to the PRCSA Acquisition and Development n Building Improvements account (no. 31313260 66200), 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Modular Building Concepts, Inc, for the purchase and Installation of a modular building for $186,000, which includes a 10% contingency, for a term dependent on acceptance of the project via "Notice of Completion", subject to non -substantive changes approved by the City Manager and the City Attorney, DISCUSSION W Nei I AIT WON 111161111111 ` ` ,61 W governmentalWi or prohibitive is WW "W OWN "0Wi W i W i W W On August 26, 2015, the City released a bidding document to solicit bids for the purchase and installation of a modular building, A total of 13 vendors were notified and three proposals were received. A three-member evaluation team composed of staff from the PRCSA-Zoo Division, 20A-1 Agreement with Modular Building Concepts, Inc. December 1, 2015 Page 2 PRCSA-Administrative Services Division and PWA -Design & Engineering Division reviewed and evaluated the proposals by which resulted in the following ranking: Modular Building Concepts, Inc. 1 264 Design Space Modular Buildings, Inc. 2nd 261 Arts Way Scientific, Inc. 3rd 235 After evaluating the proposals, Modular Building Concepts, Inc. was identified with the highest ranking and recommended for award of the project (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 Youth, Education Recreation, Objective #2 (Expand youth Programming), Strategy E (Partner with outside agencies and secure funding to rehabilitate zoo exhibits and expand the Santa Ana Zoo). FISCAL IMPACT The appropriation adjustment will recognize Park Acquisition and Development revenue from prior years in account (no. 31313002 50001) and appropriate funds to the PRCSA Acquisition and Development — Building Improvements account (no. 31313260 66200). Funds will then be available in the PRCSA Acquisition and Development -- Building Improvements account (no. 31313260-66200) for the following fiscal year: FY 2015-2016 - $186,000. qiVv�c✓ , Gerave Director Parks, Recreation and Community Services Agency Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez At Executive Director T' Finance and Management Services Agency 20A-2 DESIGN -BUILD AGREEMENT FOR SITE IMPROVEMENTS AND INSTALLATION OF MODULAR CONSTRUCTION AT THE SANTA ANA ZOO AT PRENTICE PARK THIS DESIGN -BUILD AGREEMENT is made and entered into this 1st day of December, 2015 by and between Modular Building Concepts, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a contractor with special skill and knowledge in the field of designing and constructing site improvements for installation of a new modular building at the Santa Ana Zoo at Prentice Park that will serve as a care and quarantine facility ("Project"). B. For this purpose, the City issued Request for Proposal No. 15-079, by which the City invited proposals for the Project. Following evaluation by the City of all the proposals that were submitted, Contractor was selected to complete the Project. C. In undertaking the Project, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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 Contractor shall perform design and construction services as set forth in Exhibit A to this Agreement, specifically those services as identified at pages 11-30 of the City's Request for Proposals No. 15-079, the entirety of which is incorporated herein by reference. Contractor shall perform all services in compliance with applicable laws, statutes, ordinances, codes, rules, and regulations. 2. COMPENSATION City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $186,000, which includes a 10% contingency, during the term of this Agreement. Contractor shall submit a monthly invoice by the fifteenth of each month to the City for the services rendered in the prior month. All invoices for work performed under this Agreement shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: (i) Contractor's invoice number, (ii) beginning and ending dates for services, (iii) City projeet 20A-3 number and/or name (if applicable), (iv) work site address/location (if applicable), and (v) tasks or deliverables completed and % of total services completed Payment by City shall be made within sixty (60) 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. DESIGN -BUILD DOCUMENTS The Design -Build Documents consist of this Agreement, Standard Specifications for Public Works Construction (the "Greenbook"), all design documents hereafter prepared by Contractor and approved by City in accordance with this Agreement, other docrunents listed in this Agreement, Request for Proposals No. 15-079 and Contractor's Response to Request for Proposals No. 15-079, and any modifications, including without limitation Change Orders, issued after execution of this Agreement. All such documents are incorporated herein by reference and made a part of this Agreement. This Agreement is intended to be an integral whole and shall be interpreted as internally consistent and, in accordance with section 2-5.2 of the "Greenbook". Work required by any page, part, or portion of the Agreement shall be deemed to he required work as if called for in the whole Agreement, and no claim for extra work shall be based upon the fact that the description of the work in question is incomplete, "Work" shall mean the design, construction, and related services required to fulfill Contractor's obligations under the Design -Build Documents, whether completed or partially completed, and includes all labor, materials, equipment, and services to be provided by Contractor. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or 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. Nothing contained in this Agreement shall create, nor be interpreted to create, privity or any other relationship whatsoever between City and any person except Contractor. 4. CHANGES IN THE WORK a. City's Right to Order Changes. Changes in the Work under this Agreement, consisting of additions, deletions, revisions or any combination thereof, may be ordered unilaterally by City without invalidating the Agreement. Such changes shall be communicated by Change Order or supplemental agreement, as applicable. Contractor shall proceed diligently with any changes, and same shall be accomplished in strict accordance with the following terms and conditions as set forth herein. "Change Order" means a written instrument signed by City requesting a change in the Work. b. Changes and Extensions of Time. All Change Orders, changes requested by Contractor, or extensions of time occurring during construction of the Project related to actual 20A-4 construction work shall be accomplished within the term and schedule set forth in section 5 unless not reasonably practicable. All changes to the scope of design services or extensions of the agreed-upon design schedule during the design process shall be made by mutual agreement of City and Contractor, and claims for an increase in design compensation due to a change in the scope of design construction work or for an extension of time to the design schedule shall be made in writing within seven (7) calendar days after occurrence of the event that gives rise to the claim. All requests for additional compensation due to a change in the scope of design services, and all requests for an extension of time to the design schedule, shall include sufficient backup documentation for City to reasonaUly understand Ure request and the amount of time or compensation requested and to determine the merits of the request. c. Adjustments to Price or Time. Upon the occurrence of a Change Order for construction work that increases the cost of the construction work, the price will thereafter include such cost of the construction work and services attributable to such change to the extent allowed by Paragraph (b) above. The failure of Contractor to provide notice in writing to City in accordance with Paragraph (b) of any request for an increase in price or for an extension of time shall constitute a waiver by Contractor of any entitlement thereto. d. Continuing Duty to Perform Construction Work and Make Payment. In the event the parties are unable to agree on the terms of a change order or supplemental agreement, then Contractor shall continue to diligently perform the design services and the construction work, including any change directed by City by change order or supplemental agreement, and shall keep thorough records of the cost of performance of such change order or supplemental agreement. e. Fiduciary Relationship. Contractor recognizes and accepts a fiduciary relationship of trust and confidence hereby established between Contractor and City and agrees that it shall at all times in good faith use its best efforts to advance City's interests and agrees to perform the design services and the construction work in the highest professional manner. 5. TERM AND SCHEDULE OF WORK This Agreement shall commence on the date first written above and terminate upon the City's acceptance of the Project via a "Notice of Completion" unless terminated earlier in accordance with Section 16 below. Contractor shall complete all design work and obtain all permitting within sixty (60) days of commencement of the Agreement. After the City approves the design work, the construction related work under the Agreement shall be completed within one hundred twenty (120) days from the date of issuance by the City of a "Notice to Proceed." The term of this Agreement may be extended upon a writing executed by the City Manager and City Attorney. Upon completion of all work under this Agreement, ownership and title to all reports, documents, tracings, plans, specifications, estimates and maps prepared or obtained under the terns of this Agreement shall be delivered to, and become the property of City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained pursuant to this 3 20A-5 Agreement shall be made available upon request of the City without restriction or limitation on their use. Contractor shall furnish the City all necessary copies of data needed to complete the review and approval process. 6. GENERAL REQUIREMENTS OF THE WORK Contractor shall perform the Work in compliance with applicable laws, statutes, ordinances, codes, rules, and regulations. If Contractor performs Work contrary to applicable laws, statutes, ordinances, codes, rules, or regulations, Contractor shall assume responsibility for such Work and shall bear the costs attributable to correction. Contractor shall be responsible to City for acts and omissions of Contractor's employees, consultants, subcontractors, or others employed or retained by Contractor in connection with the Project or Work, Contractor shall provide City access to the Work in preparation and progress wherever located. 7. PROTECTION OF PERSONS AND PROPERTY Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall be responsible for the safety of, and reasonable protection to prevent damage, injury, or loss to (i) employees performing the Work and other persons who may be affected thereby, (ii) the Work and materials and equipment to be incorporated therein, and (iii) other property at the Work site or adj acont thereto, including without limitation hardscaping, landscaping, structures and utilities not designated for removal, relocation, or replacement in the course of construction. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title S, Section 16000, et seq,, ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "rnaintenance" projects. Since the Work is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage haws, and since the total compensation is $1,000 or more, Contractor agrees to filly comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents lice and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws 9. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries 20A-6 and wages, employer's social secluity taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 10. INSURANCE+ Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 slid damage to property, resulting from any act or occurrence arising out of Contractor'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, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as .Exhibit C upon execution of this Agreement. 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 California state law, Contractor, if Contractor 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, Contractor agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor 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. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period. covered by this Agreement. 5 20A-7 ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. 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) clays prior written notice to the City. If Contractor 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 terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent acts or omissions of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relate to the Work and services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor 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 clue 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. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 12. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 Inforrnation" shall include 20A-8 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 Contractor disclosed in a publicly available source; (c) is in rightfill possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 13. CONFLICT OF INTEREST CLAUSE Contractor 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. 14, 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 fax 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: and City of Santa Ana Santa Ana Zoo at Prentice Park Attn: Ethan Fisher 1801 E. Chestnut Avenue Smita Ana, CA 92701 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6515 7 20A-9 To Contractor: Modular Building Concepts, Inc. Mr. Chris Kerper, Assistant Vice President 12580 Stotler Court Poway, CA 92064 Fax 858-679-6804 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 fax, 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 fax machine, addressee] as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 that are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16, TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a, Asa condition of such payment, the Executive Director may require Contractor 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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NONDISCRIMINATION Contractor 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, ternination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 20A-10 18, JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, perfonnance, 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. 19. PROFESSIONAL LICENSES Contractor 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, Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. 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 data and year first above written. ATTEST, CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager [signatures continued on followingpage] 9 20A-11 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:. ---- Jolux . Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director Parks, Recreation, and Community Services Agency MODULAR BUILDING CONCIS".PTS, INC. CHRIS KERPER Assistant Vice President 10 20A-12 EXHIBIT A SCOPE OF SERVICES 20A-13 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ZOO CARE AND QUARANTINE FACILITY RFP NO. 15-079 SCOPE OF WORK DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is seeking a qualified contractor to provide site improvements, furnish, and install a new 12 x 40 foot modular building at the Santa Ana Zoo at Prentice Park as described herein. Background The Santa Ana Zoo at Prentice Park opened to the public in 1952, continual development and improvements led to accreditation by the Assodiation of Zoos and Aquariums (AZA) in 1985. The proposed Zoo Care and Quarantine Facility will provide a secure space for new animals to the zoo to undergo preventative health screenings in keeping with current standards of the AZA and United States Department of Agriculture. The new facility will provide a safer working space for the staff, and allow for easier acquisition of animals, ultimately furthering the Zoo's mission "To instill a passion for the natural world through education, recreation and conservation." Scope of Work A. IMPLEMENTATION 1. City staff shall have the right to modify, reduce, or delete the services as needed by City. 2. Successful proposer shall be responsible for manufacture, delivery, site work, off- loading, assembly, placement and complete turnkey internal and external hook-up of systems including providing site electrical, water, and sewer to proposed building. 3. Scope of work includes the entry decking, ramps, steps, and railings. 4. Successful proposer shall be responsible for plan submittal and approval to the City of Santa Ana Building Department prior to start of construction. 5. Working hours are Monday through Friday 8:00am to 5:00pm. 6. Proposer shall review and incorporate the specifications in the detailed scope of work in the presented plans. a. A-1 Site Plan b. A-2 Enlarged Site Plan/Floor Plan Keynotes/Deck Plan c, A-2.1 Floor Plan Keynotes d. A-3 Modular Building Elevations Details and Specifications e. A-4 Specifications and Scope of Work Delineation f. U-1 Site Utility Plan 7. Proposer supplied products shall be equal to or better than: a. Lockers - Ideal Products Inc. – IDEAL 2000 Series Lockers b. Flooring - Methyl Methacrylate Acrylic Flake Flooring by Oakridge Industries c. Lightinq - Lithonia Lighting Wet Location Enclosed and Gasketed Lighting Fixtures d. Washer/Dryer - GE Model WCVH4800K Washer and GE DCVH480EK Dryer B. PERFORMANCE SCHEDULE The contract term shall be a period of four (4) months from award of bid. — City of2O�rw 41.5-079 �� PIRBTs'CRBR'r S.4Nr4 41,1A z 00 1801 EAST CHESTNUT AVE. SANTA ANA, CA 92701 CAU: (714) 836.4000 s _ i Xu l6 6XrG PLAN / Pa=.r bATd OUXLMNO SUMMARY / SUR.X.SDXCTWNI , SCOFF-dF-wou PROPOSEb 12' X 40' STATE APPROVED! MODULAR QUARINTINE BUILDLNr EXISYSNCi A.D.A. PATH OF TRAM FROM PARKING, 1''O MAIN OFFICE, BUILDING ENTRY EXISING H/C PARKING. SIGNAGE' � . SE6 SN�E'ET NA POOR DETAILS/SPpCII'FCgTLtlNS � SEE ENLARGEb SITE PLAN i. SHEET A-2 011Rb"1'NUT AVENUE INDEX OF 'SHEETS j_ -r 1>LANS.WM D RMATION A -1 ----SITE PLAN PROSECT DATA, _ IIYCRCPIPNP AVV. BUILDING SUMMARY, SURTSDICITON VLST4 CAi40PA A -Z ----ENLARGED SITE PLAN; XEYNO'FES, G'1- f7w1 %a IN[N9EhVSfRABhVN BUILDING FLOOR PLAN; ENTRYAYEQOZeA WIA TMA A -3 ----MODULAR SUILDSNG ELEVATIONS mw.. AVVT A -4 ----SCOPE OR WORK DELINEATION; SPECIPICATDONS PLAN S-rAT/AS ' U - I ----SITE UTIISTTE51 CUE ELEBTRICAD, POTABLE WATER,SANtTARY SEWER PLANNINCI SLI%MMAL 41MACNMEN7S: GNULPINCi S"DMiTYALe uSTATC APPROVED MODULAR BUILDING - XChBTATE-APPROVPD FOUNDATION PLAN 5AAM304V BY GP PIERS. .SMALL-ANfMAbQUAIRN UW �ITAp 10Vf4FOIAJ0ATINNeYmb, # A PLAN. SI TFVnLTTU8VJdLUDWB VAYPA.9ANY1'AhYshWRA. MIC —1 CONCrPTUAL PLAN SET A/G Fk[silMan!a. anrH VFMn '.•'_..• .-• - rg`�$(oI TOMRIN 9FF,(Pp BUtLUTAq PN1RyFPOM YAkN(ryg ,� b� (I) � F r > �( aP f�Y __..,.._ ._. Mo y� N F , j F aft Og M� Zr '`�`' rynrnNnfe my orPevin aveoxnx P 2 I O § kl� z 5� u I r g r a0' " uy zr3a T 7 al ris.aaha o ENLARGED SFTE PLAN /FLOOR PLAN sd. -� 5AN7'A ANA, 92701AV 0 Kp-YNOTE,5/DECK PLAN AyPS raiFierioFw.nvo. visrq,rrrzL>� Z MI.:(714)836.4000 ��'-/��'-��'��p{ uvu faml 2'/sae9+u: wr pdmtAN.a wx� f 0 �OA— 1 V _ — - I a G�1} >4 urI YIr�M{ 1'j , 44, t' (I C,F�Cy1C fi'I FI o- e•- t �� 4, 'x t s�.ni �p � iv `3 ea x«y 4i w tV S gi�tr h! @A• g�P 3 +� 1 bi).1. 64k�Ul 'r G'i a a �p s4 E �'. •SC�gg � S 3k � ,� v i ±e '4 rn �'�ae i'• r x6'Ji 1- fcek� x s &AS�YTA A:IVA a Ck HUae7Rt+l.,�bn ujJ FL�4Ns T 11903 l:l4S7 LIIcilmu 'xVk". . d• RM1iRh ANA'a 92 g I'pin I H +SIX y 9019 a�9. , RSd N'gig g Hi SA j y HRR SHE9sH�a 5 R,dg�H SReC_,Yn e�S7n8 Igx� hiss&a 171 Hal �9H�x Y£ ,41 $ a$a�9 § F£ gig �gR�i 8 HsR` V Wi& R '3pk§kaHg ° k ' se js ;� s @R,v � 95� g 5�� s ss3� � laq It Yd tj Ix IIt B AA $¢ sed pg ��a4� x I $'�k �ga F39$ p g d�8 ty A9 $$ g ` RS g%b q �� B9 S 4PG� q11 3� 19$ if q61 $$gg$$1 n 4 1 3 ° a JH£ R'HE, q £e fC6$ pg �i OqS H L ---J a t0 tl 'SAN'R"A ANA ZOO ft"PL,4NS,OpM B a »;_oou4Aa eunDxNu E EvnnaNs £ :.15AfiATALA FNUi AVf. a„s nsi>iormAnvp, " W w ' Q !I SANTA ANA, LA 9VOI 1 DETALLB AND SFECIFICATLONS „ A ;; _ vrsrn,cngane, _ CALL: I%Ir0 R9A.40N1 �n:.�: nnm av¢scw e. mrrnan m.nus.xm v .. i��eJe N y Pk a9 5 g 5 i I a t0 tl 'SAN'R"A ANA ZOO ft"PL,4NS,OpM B a »;_oou4Aa eunDxNu E EvnnaNs £ :.15AfiATALA FNUi AVf. a„s nsi>iormAnvp, " W w ' Q !I SANTA ANA, LA 9VOI 1 DETALLB AND SFECIFICATLONS „ A ;; _ vrsrn,cngane, _ CALL: I%Ir0 R9A.40N1 �n:.�: nnm av¢scw e. mrrnan m.nus.xm v .. � 9 1R; 8 $ p e y 6 ` yy - I G i u rn9 9❑ a n a a iI b Ia❑ ./i J 0 OL " fr o0 0� i 'r � ca iaaacY�lu'. o❑o a � o ..ea[s� coo a auk r. .rv� a a 5�a' ,. L.. ❑o ,,._ , o -- inn .. n -an by O.e .• G UUlu ❑ ]JU N f]a '❑ � ❑ Y!]]'I� 1P s q 14�@$ Ke qi � a v HIM Ain Yl9$�k a17�§R des r:Fp� HUM Nil! � ��p4 u tp$ $ R a m�b�i G 4u%Yry��d" ❑x1� � R a� � §�`�5�� FSn C � % �+ INN _ 'Jr � _.CI P i r o u Y.- idd -❑i R ,a _ _ .... Gc ❑ r ...... _ __: G .❑: ..auk„ eg❑ffi5 � � � �g p�rp r RNA br ONE way Hi an q has asHk Ii A ry sin �$4q pwR;��; gg "11 Alm *g gk- ux:;gg`.u3��ivT(q� pN" 9# pp�rSakS, "R ok'kY" q s 43m 3k "@adz in M Ml9 iib hs9M 8 g H jT'm tuna c D 5AiNTA ANA -00 12 X AO Modular office BulldinR d -1D 1GO1fASt CNF.6INUT AVE. $p.dkaf@05 And STOP& W WON dzllneatlall 'M".-fdagp c¢��✓e (xmJ.,.ry �Wr„�,�,,,,,� p. SANTA ANA,CA 92Y0Y �0 1 .�.- /r � ,gyp, � L� Ta'�'N OFFICCeUnOkF YPnVk1 FPOM pngA[rya � �. go 4 ri' P J B. �m O2�� . _._.' K t_.�.......: �'ji I m FJ� i' Kip l if it I-., — x1 N� pp®�ryq G"1 Vpz m nrn ry M Zrq. MUM 0 N m Zrq. MUM 0 N ,�vw e N r, vn.e6.envttnov Qsrnneunrveu�� r W` nngroQq vrz 6inrQ MnX. --^� lie a P.0 � m IT H-9F.W z,. Y (� R wANiA ANA ZppJ?"PL,.h NS.COM ^ 7sa ensr citesrNur Ave. SITE UTIL2"YY PLAhJ ue, naniowan2 SANTA AN 1"A92701 vssrn, c s9ann m Fe ( ELECTRIC; WATER; SEWER CAL6, i79)83b-APPP y�/.��.. 99+r.: iwrwd�rrwa*cow, z M H Floor sample available for viewing at pre-bid walk-through. 20A-21 PLASTIC LAMINATE LOCKERS M Custom & Standard Designs a Class II -B Fire Retardant Unlimited Color Selection Formica", Wilsonart", Nevari Pionite", Laminart`°', Micarta", • 3 Year Warranty MATERIAL: Fire -retardant, formaldehyde -free, 48 lb industrial grade particle board ASSEMBLY: Blunt Joint & nail FINISH: Plastic laminate, class II -B, fire -retardant, water resistant. NEMA -LD -1 vertical grade .028" thick high pressure plastic laminate exposed FolmlCa, WIIBoil Ali. Novi A81. Pion Re LAIdinirt, and Micarta Are o lslerod Imdennrks of thAor reoVoclNa oofj olalhis, 20A-22 c b Width (a) Depth (b) Height (c) 12" or 16" 18" or 20" fife. AO, BOX 4090 (951) 727.8600 ONTARIO, CA 01761 FAX: (951) 727.8609 Form# A1009 SECTION 10500 -WOOD LOCKERS Requlremanrsaf0lvlslons0an lapplyloworkoff0ls SSadd D� 2. Interior horkoontal surleacesolsh Ives, !o sand botfolps ar¢flolshed wllh block t�ermal-fused c. Cloths Hooks, aluminum orb ass bilshed: 1. Side mounted double or 4dglo prong. 1,0 GENERAL 1.1 capa of Work Included: roroalamine. 3. Lneker mme construetad o! 481u.lntlustriaal pmtle pparticle hoard AN A208. 1-M•2, 45 2. Calling accounted double prong. d. Coat Aatls, nickel� pplated. a. Tits furnishing an Installation prelahricated 4VIC typelmul'pie seif-suplIgig6 modular Victor. I n,i�Iaretar6tulRadioacenatedlockers. core ,grade ISldes=Ya"Shelve =8'4', Baia=t/c") 4a. fFramagtlnadfnr i00�S¢rlgs wit tg5s'convox Led, e. N In Olscs: IVa' dlameler, lN° numerals recessed flush in door, satin chrome, satin brass and black 2.5 led rlcallon: 1.2Half or 5pecllletl clsewhers: pprop &Qodwork-Section It choice Ulcolors b�aclt, revy whoa sand&brawn IVT. d.lockerashallhalahrlcatadusingblwtt�alnlaadl- head 2'gal galvanized head 2°hvabeetlbolland screw construction, allndpItlaadwnhoucwarp. aa octura 0640 b. Wgo�off plasllc Doors - Sectlon 0820$ c. Wood' Nindows- Section 08210 1.3 Stntldards; 4h.Fruna sit dtopgObO Soflaa with hlpph uptisslure plasllc lmnginate .032"thlakness vedfcatgmdesquare, `EorlmnPVC,polyvinylchlolitlethermal �p b, c.Macht�aall parts and suedgiant holes see [irately andchl fine, a. tvlinim m standard for water real5dint,fire retardant pIsticlalr�igal¢ITrdshallpgmormtoWiG glu�d tape mata� plasllc laminto(PVC). S. Cocker venin lh ou8hr�ar Pana192rn system, b,Gonda. EntlPaAelgs,S�o118 cps. rl, FahrieaPecorners fillers, scribes. tops as required 3.o EXECUTION 14 anualU II'war latest edition. 1.4 Ona By Assurance: a, All parts and hardware Shall be WIC coo llan6 1. Plasticlaininet¢ sigqh assure class 11-9 fir¢ retardant, VOO P28, 4"STD I'8, LRHpMA. 2a.Radiiscomera for1000SorlasetlmoVishollth 3.1 Construction: a Conform toreigicuentsofWIG 'Manual of 1.5 Sit outlets; "" 3, a. ubmlt fwd Coplas of WIC coramlant shop drawings IPpr items inlsh before drillsod iaclorvv. tl. Secum hanks oTlockms ovary feet 10 walls or Walt all of work Unification, b. ManufActumr'9 dosorllative Uata of all materials and c1t anus1The tion, au are dlmensfongfor 2.4 Harc profit nnInNat�on of lockers, do ossorlas, and r m. HI III les tatrlinate a. C. 1.6 Protlucl Submi13 cpado in al speci�led. Handl ng, Oellverpp,&Stare ga: Oeliv 1. a. ns1al radiocc�sic when prblect constiuction op. Sto lock¢fg in dly ventilated is ready for arca and pro - 2. 220 Pp�ctDaCfl11shas and )obslle, 3.3 Cloan•Up: iron x0111 and damage during T3S handling. aLc 2:1 Oradea: 2. 2,2 Afro lahllNonulachner: - 3. A. Ido al PmduCts, Inc., P.O. Box 313, Side, CA 92622. 2.3 Mgtockers to be Ideal 1000 or 2000 Sense. 4. rkals panel 5. 1, Frame Components a. $!dos - ai`7 m, dbnsityindustrial grade 1-M-2 45 pedicle board, .008" froTry, white low pressure laminated vin yyl. a Shelves -oe' 8to density industrial gratia I -M-2,45 portiote board black hermat fused melamine. c, Droll= 4"48 m, exterior grado modium density fiberboard, .COB" frosly while ow ietl vi pressure larr nyl, venthaled. 2. Frame Constmctllan=Blunt iolnL 2" t,head nall and screw. 3. Edginseleor one a, 1Ouserieslncutlesl3/tKaonvoxSerio,ronterbarb, polyu leneVinyl1'-molding Examplos: Ideal 1(0f0)0 Series, Model B. 1281(6x72", ((PL, �RS5P, (1�1g1, VT Ideal 201a08arlos, Model F, 12 xi2)x 72 pL), U1, CH, SE (1) Spottily Ideal 1000 or 2000 Series for fire -Retardant Plastic Laminate Wood Lockers. 1000 Serlas includes VT) Vin99I T -moll inG and (EH) Ex used knuckle I Inges, 2000 arias Inclpdes I5E1 Soli -Edging or (PVC)1mm Paly Vinyl COlai'ide edging and (CH) Contained Hingis. (2) Select Mad eyle and silo lookerizalcoin ockers, out such as Model B, our standard double tier or Motlol F, our purse size lockers, WARRANTY Weguarantee nun products to be free of defects limited to three years from original date of purchase on wofkmanship and managed used during construction. DETAIL & SUPPORT DATA Due to the nature of manufacturing custom-designed lockers, lead times will var➢ between four to six wueks, The policy Inas bion established for quoting on an DOM( basis. Prices are determined by locfmr style and configuration, door material, lock requirements and quantity or s�ll.co of order, //IIO�/dl//4l!%�l/ll��ll PRODUCTS. /NC. b. is opening 2%4' P A c. Fasten feokerhands to each other with chromium plated!-nu!sand hes headsurews through holesper Ickle plated Sall- drillsod iaclorvv. tl. Secum hanks oTlockms ovary feet 10 walls or Walt per Ill42'q (CO, sheds for annul quake resistance with strips as I ON gsurface ardenand supplied a, Instal Instill by maoufecturer, and and corner Idlers slid caps, cut to size In ,case plans. calm operaed, 2 k0V5 of lock daiad t. lnstallend 0 Install related pallets, sloped tops fintshod tops. mlm6her Blass, clean lockers, remove all trash debris from )0, KD4%g, KD1000. able cn as air and )obslle, 3.3 Cloan•Up: Taken (TO) (VT) with color choices of Mack, white, are tan, or brown. b. 22000 Series ificud9s SeI4E 111a(SE).08�1hIFk high pressure plastic laminate or mm Poly Vinyl Chloride (P �I jo match plastic Inchoate. 4. Hinhau /soleal ane) a.1000 Includes heavy DIV, 2q'a' five knuckle exposed Institutional style hinges, enamel black enamel liellit. (EH) h. 2000 Sorts ll-clo fins usual du!P, d hinge, (CH) tour way adjustable, 120 degree opanhrp, call -closing nickel plated hinges. (CHI 5. Doors= 48 hickinah!asaid .0N12 plassleBoar retardant plastic laminated two sides and 48 de, Industrial grade iNl2 particle board cord, 3 Confirm the dame dimensions: Width x DepIh z Haight 4 Select plastic laminsteasyour exterior surfsoand chooseany color orcombinatlon of calors. (5) 5pecny Lochs IRP)= Recessed Padlock Hasp, (PC = Pushbutton Combination, DCI =Dial Com motion, (CL)=Card Lock (&0)=Coin-Oporated, CC}-ColnCallact, (KL :.Keyed, (6 Seemly Hin99ae, ((OH) =�oncealed H61ga, (EH) = Exposed Kul (7; pealfV Edping. IVT) = Polyetllyleno Vlrryl T-n¢alding, (SE) Self Edging, (PVC). 1mm oryuin1 Cfilorlde. Ik`lMOe Mou[u -�.-- Ib-PoCIF.MGDEtS �� A o c o C F M •II J x -r M _N _G P P.O. BOX 4690 , ONTARIO, CA 91761 • (951) 727-6800 • FAX: (951) 727"8609 20A-23 Ideal Manufacturing Custom Lockers —equal to or better: ® (4) 2000 Series Model M Executive Style Double Tier Lockers, 16"x18"x72" in custom laminate, flat top, std. hardware, holes for future surface mounted padlock (lock not included) • (2) Finished end panels on lockers (9) If. of finished base to match lockers (2) 14" diameter econo stools http://idea locl<e rs.com/i n dex. ph p/model-m-executive-stvle-two-tier-locker. htm I http://idealockers.com/i ndex. phi[products/locker-room-amen ities[stools/econo-stoo L htm l 18" deep 48" wide total 20A-24 0`ALri'VIA L10,09 rIVO' FEATURES & SPECIFICATIONS INTENDED USE Intended for low to medlum mounting heights where dust, dirt, humldlty, moisture, or corrosive elements are present Ideal for canopies, dock areas, wastewater treatment, refrigerated areas, food processing and other non -hazardous environments, CONSTRUCTION Housing farmed from Impact resistant, UV stabilized, fiberglass reinforced polyester with cold -rolled steel enclosed wiraway. Poured In gasketing provides a seal between housing and diffuser. Captive, corrosion-resis- ism cam -action latches secure the diffuser; six on 4' units, and ten on 8' units. Stainless steel latches available. FINISH Painted parts pretreated with a five -stage irolrphosphate process to en- sure superior paint adhesion and corrosion resistance, then finished with a high -gloss, baked white enamel. OPTICAL SYSTEM High• mpact Acrylic :diffuser with a stippled interior surface to spread lamp linage. ELECTRICAL SYSTEM Thermally protected, resetting, Class P, HPF, nan-POB, UL Listed and CSA Car, Hired ballast Is standard. Sound rating depends on lamp/ballast combination. AWM, TFN, THHN wire throughout rated for required temperatures. INSTALLATION For unit or row installations, surface (ceiling or wall) or suspended mounting. LISTING 120V, 277V and MVOUr are UL Listed and CSA Certified (standard). 347V Is CSA Certified (see Options). NOM Certified (see Options), Suitable for wet (DMW) covered -ceiling applications or damp (DMI locations. Compliance to FDAIUSDA requirements and/or NSF splash -zone certification (DMW). WARRANTY Guaranteed for one year against mechanical defects In manufacture. Catalog Number Nates Type Enclosed and Gasketteedd (Industrial CIM/DMW PROGRAMMED ND RAPID START 4' or 8' length 1, 2 or 3 lamps WI "T L D Specifications Length: 60"(1270) 90' (2489) Width', 8-1/8" (205) Fixture depth; 5-5/8" (143) All dimensions are Inches (mlinarm em). spoclflcations subject to change without nouco. ORDERING INFORMATION For shortest lead times, configure product using standard options (shown in bold). Example: DMW 232 MVOLT GEB101S DMW_ Series� DM Damp location DMW Wet location For tandem double• length unit, add prefix T. Example: TOM 2 32 Number of Lamp type lamps 3232VVTO(46") 1 54 64W T HO 2 (4a")z 31 r Not included I DifFu Accessories (blank) ARDP3 Order as separate catalog numbers. BCD Bracket for hanger chain mounting. Two per package. HC36 Chain hangers (1 pair, 36" long). Requires HOD, WLF Wet location fittings (1 pair, not Installed). Fluorescent Highlpact aoryllcta0%DR) Deep high -Impact acrylic (500/. DR) NOTES; 120 12099 2'n 347 MVOLT4 Others available 32W TS lamps only. Must use ACNS9D ballast. Deep lens Is standard on a' fixtures, MVOLT available with GEB1ols only, Available with only32 wattlomp types. GEBIORS 20A-25 Sheet #:DM•DMW RS INFL-280 Options ELOW Emergency battery pack (nominal 300 lumens) EL5DW Emergency battery pack (nominal 500 lumens) EL6DW Emergency battery pack (nominal 600 lumens) EL140W Emergency battery pack (nominal 1400 lumens) GEB Electronic ballasts, 0% THD GEB101S Electronic ballasts,<10"/"THD,Instant Start' GEB10RS Electronic ballasts, <10%THD, Rapid Stare GLR Internal fast -blow fuse GMF Internal slow-blOW fuss RIF1 Radio Interference filter, 1 per fixture STSL Stainless steel latches WLF Wet location fittings (1 pair, installed in fixture top; DM still will be damp) CSA CSA Certified (Only required for 347V) NOM NOM Certified BDP In -fixture ballast disconnect plug 20A-25 Sheet #:DM•DMW RS INFL-280 DM/DMW Rapid Start MOUNTING DATA DIMENSIONS For unit or row installation, surface (a6111ng or wall) or suspended mounting. Inches (millimeters). Suploct DM/DMW — Drill hales through housing and channel at r9 change without noon', appropriate locations. DMW — Includes gasketed wet location fittings on ends for power feeding/mounting. Fitting Is threaded for 1/2" rigid conduit (optional WLF for top mounting). Attach to surface using fasteners and sealing washers (by others) appropriate to ceiling materlals. Unit Installation — Minimum of two hangers required. Row installation — Minimum of two hangers required. Recommend 112" nipple with union (by others) for DMW. See ACCESSDRIES below for heating devlce5. Wet location fitting �"° L 1%L" dill T_ Conduit, pipe or stems (by others) Hol TOP, END OR IN-LINE MOUNTING A - 11/16 (17) Die B = 1-1/6 (29) Dia. Recommended mounting locations (field dru ing raqulrod) "3' Fixtures are 5.5/0" deep 4' fixtures are 4.54F deep 5-5/8 (143) 206) 3/16 (5) 4.37r6To (106( ss/a p4a) 61/4+ + (32) 2-1/2 (64) 7 ---. I-i/e _9 B (7) B A 206) Q ._.._.-..°.---------_---.._._� -w(70) '+ 701 , A 179) (179) 50 I I ",p "'-4-174 (108) 4-114 (108) PHOTOMETRICS Calculated using the zonal cavity method in accordance with IESNA LM41 procedure. Floor reflectances are 20%. Lamp configurations shown are typical. Pull photometric, data on these and other configuratlons available upon request TEST NO: LTLI7549 LUMINAIRE CATALOG NO.: DMW 2 32 AIVOLT LUMENS PER LAMP: 2000 GOxfnniBnla of Utilization of 20% pc, 80% 70% 50% ow §Ogg 184 84 507"382 82 577 77 77 0 7 04 0M1 62 B2 82 05 6 1Y 1 Y1 07 04 AO a9 02 85 62 60 2 0965 11 59 04 40 66 51 47 3 52 49 40 61 45 40 4143 30 Y. 4 46 39 34 46 30 33 42 37 32 6 41 84 20 40 33 20 36 32 20 6 38 20 26 35 20 24 34 26 24 1 33 26 21 32 26 21 31 26 21 830 20 19 27 23 19 26 22 10 8 27 21 17 27 21 17 20 20 17 10 26 19 15 25 19 16 24 10 19 Zonal Lumen Summary Zona Lumone%Wm0%FleUra 0"-30• WE 14.4 20.2 01-401 1360.3 24.4 34.9 0" • as' 2681.0 403 6'a 0°-90" 3522.1 00.3 95.9 00°-100' 166.4 3.0 4.1 W • 100° 3907.5 71.2 100.0 TEST NO: LTL17462 LUMINAIRE CATALOG NO.: DIr1W 2 64T5110 MVOLT ACNS9D LUMEN' PER LAMP: 4000 CodiOlonle of thrIzatlon pf 20% Pa 00% 70% 50% ow 6p%90%10% 60%30%1D% ua%SQ%tors 0 07 37 01 04 04 04 70 70 70 1 73 03 05 70 67 03 60 63 60 2 a2 5'Q 60 66 50a 02 43 3 % 4'7 42 52 46 41 40 43 39 4 47 4a a6 40 39 34 43 37 33 5 42 35 20 41 34 20 35 32 2e K 0 .30 31 25 37 30 25 04 20 24 7 A 27 22 36 27 22 31 26 21 0 31 24 20 30 24 '19 26 23 19 9 23 22 16 20 21 17 26 21 17 10 20 20 10 25 20 10 24 19 16 Zonal Lumen Summary one Lumens%Lemli%F 0°•30° 1200,0 %0 19.1 0°•40° 21000 24.1 32.2 0•40° 4044 B 44.9 60.1 0°°90° 00097 67.0 00.4 90°•10D'040,6 7.2 9,0 0° • 100- test, 2 14.0 100.0 I® LIm,layvlA L/,Caf�'rlwo� An <Mcuit yBrands Company Sheet A DM-DMW»RS 471990 Aculty Brands Lighting, Inc., Rev. 6/10/09 20A-26 Lithonia Lighting Industrial One Llthonla Way, Conyers, CA 30012 Phone; 770-922-9000 Fax: 770.94'1-x141 www.11thonia.com 18 _ _9 B �----_.--.----- _----------- ._.____.---------------------__._,_-_._._� B a A6) C7 Q 12-3/4 (70) (179) 98 (179) 2489 "'-4-174 (108) 4-114 (108) PHOTOMETRICS Calculated using the zonal cavity method in accordance with IESNA LM41 procedure. Floor reflectances are 20%. Lamp configurations shown are typical. Pull photometric, data on these and other configuratlons available upon request TEST NO: LTLI7549 LUMINAIRE CATALOG NO.: DMW 2 32 AIVOLT LUMENS PER LAMP: 2000 GOxfnniBnla of Utilization of 20% pc, 80% 70% 50% ow §Ogg 184 84 507"382 82 577 77 77 0 7 04 0M1 62 B2 82 05 6 1Y 1 Y1 07 04 AO a9 02 85 62 60 2 0965 11 59 04 40 66 51 47 3 52 49 40 61 45 40 4143 30 Y. 4 46 39 34 46 30 33 42 37 32 6 41 84 20 40 33 20 36 32 20 6 38 20 26 35 20 24 34 26 24 1 33 26 21 32 26 21 31 26 21 830 20 19 27 23 19 26 22 10 8 27 21 17 27 21 17 20 20 17 10 26 19 15 25 19 16 24 10 19 Zonal Lumen Summary Zona Lumone%Wm0%FleUra 0"-30• WE 14.4 20.2 01-401 1360.3 24.4 34.9 0" • as' 2681.0 403 6'a 0°-90" 3522.1 00.3 95.9 00°-100' 166.4 3.0 4.1 W • 100° 3907.5 71.2 100.0 TEST NO: LTL17462 LUMINAIRE CATALOG NO.: DIr1W 2 64T5110 MVOLT ACNS9D LUMEN' PER LAMP: 4000 CodiOlonle of thrIzatlon pf 20% Pa 00% 70% 50% ow 6p%90%10% 60%30%1D% ua%SQ%tors 0 07 37 01 04 04 04 70 70 70 1 73 03 05 70 67 03 60 63 60 2 a2 5'Q 60 66 50a 02 43 3 % 4'7 42 52 46 41 40 43 39 4 47 4a a6 40 39 34 43 37 33 5 42 35 20 41 34 20 35 32 2e K 0 .30 31 25 37 30 25 04 20 24 7 A 27 22 36 27 22 31 26 21 0 31 24 20 30 24 '19 26 23 19 9 23 22 16 20 21 17 26 21 17 10 20 20 10 25 20 10 24 19 16 Zonal Lumen Summary one Lumens%Lemli%F 0°•30° 1200,0 %0 19.1 0°•40° 21000 24.1 32.2 0•40° 4044 B 44.9 60.1 0°°90° 00097 67.0 00.4 90°•10D'040,6 7.2 9,0 0° • 100- test, 2 14.0 100.0 I® LIm,layvlA L/,Caf�'rlwo� An <Mcuit yBrands Company Sheet A DM-DMW»RS 471990 Aculty Brands Lighting, Inc., Rev. 6/10/09 20A-26 Lithonia Lighting Industrial One Llthonla Way, Conyers, CA 30012 Phone; 770-922-9000 Fax: 770.94'1-x141 www.11thonia.com F N LJ P Ln 20A-27 a 4 0 0 a Q (D CIO V) U) f"f co Q (n r -F Mu k } \ e 20A-28 r q � z 4_1:1 m S S � � ` ` \ \ E ET { 5- 5E & 2 22»)»fƒY/ CO L) —0 \`fOco %)22ƒƒ} / \ \ \ 0 i \. \ /�\ - {o o- (Dm0-1e CL m w } M s / q / \ \ \ f ! ` 77 - \ ID \/\4G (D \ < ` § ) / \ CD \ ƒ \ o E / \ - 0 \ _ - . \zo, \ :a : k } \ e 20A-28 r q � z 4_1:1 m S S � i' El o 20A-29 9 6) N N O n Q n `C n Q O Q V7 (D G r+ cn Qr-h N U) 1+ Q T. (�Q ►1 � /� 20A-30 | 3 � � / 0 � q j /' c � m S q c s X- 00 O k \\ � /� 20A-30 | 3 � � / 0 � q j /' c � m S q c s X- 00 O k "Foa 20A-31 }/ /q O O COD r m � (D IMI 6 ) / \� /R /f\/Zl 4 2 m » 9 $ cps ®r n ± on 2 \:x� & \ ƒ { 2 : \\\\\�IOD i o \ � »\f- } �k/\\ m 0 0 :3 3 \ \ { § f ƒ ? E : /@ /\g&/ƒ � � }\ �rD � O :\ \ � T { )\ E / /, (}} ° / 20A-31 }/ /q /� ƒ7 : 6 � \� /R 2 m ! / 2 i o \ � } m 3 J \ � � O 20A-31 O 6T.a R H � J N W I N 20A-32 LL Q n -n O Q 0- m n n 0 1 1 Q 00 CD M 77, 20A-33 c) M Q 00 O m o l °om" -o o �' `a-• A z S a❑ N D* D -a in p o -� 3 D❑ n t�' �; E o� a '�� m .7 �•� Q_ (t C 0.3 o 'n rG i c o o. o .fir G ❑ �, �' o X. ° �• N �o fl,�a' 3 t C = ❑ T• �r p o ° a 3 m n° p� �s ro m E° 5 cp ° g Sb o ry I O a ❑. nn❑ S O C O ff tQ ❑. tO d N i n ID Q IF ro n ro r� rV O < 3 ❑ Sz, a r�o .�, a -°„ o' O ❑. Eol. ❑ ,`='.i o. ° m �. to' o m �.a rho m; a, v S a0a j.'3°o c° oa ° Q roo or3c�°c"o`^33� n ❑i"o Ci fl c'^.�r�'B'm,= c z ga O m �' rho �. ro o d c a a m ° uC, x m 'C:Y ��.N-++n p N n p• G�•, n� b FLi N ? O Fi' -Ci � 7 C O C ��I � S t pCt a r �V1 ' C .ate.• vii [p�O mooa no A,'° C C S = G6p1 d p m aj F Vi G'. N n❑ �' 6 Q 4-1 U -' ❑ 7 xry, °❑ 0. 3N O a ro f -F. X D m K fn 3 °- Q o 3 CM1 � 7.'`GO m .°.,, ro m ta, m 2 Q m a � m ro m ❑ � n a ❑� � inn m3 -gym oa N ,n e nnc n N r+ O D Q C C a nc v=i s= m W NI-�O C po 3 N "�" a �'n X (D T A F °• < fes' r rte* r Q c N Q£ 3 3 0 0 0 D 3 off+ r°oN� w Sad In vWi uio 20A-33 c) M Q 00 O m EXI3IBIT B FEE SCHEDULE 20A-34 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ZOO CARE AND QUARANTINE FACILITY RFP NO. 16.079 BID PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals, I have examined the Scope of Work (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based all labor, materials and incidentals required to complete said work In accordance with all terms of the Request for Proposals, for the unit price(s) or lump sum(s) set forth in the following schedule: LINE BID ITEM UNIT UNIT QUANTITY UNIT PRICE EXTENDED TOTAL PRICE 1 Drawings and Specifications J a 3 /8 (o.o0 3 /B-o.aO 2 Site Development / // a4/ a, al /Jc�yO.oz I 3 Building Construction q /�4,, 7Yo, oo /p G, 75 a. C,o 4 Building Installation .77 9,o yr. 7-7 5 Site Utilities TOTAL BID % p/y7 3 t /' 5'8c) _5 041 t / C" . BUSINESS ADDRESS Cl) lr-S Ke r P c / PRINTED NAME OF AUTHORIZED SIGNATURE F AUTHORIZED AG FEDERAL ID NUMBER OF APPLICr PHONE AND FAX NUMBER; 'OWA% Ck 96 166 A5/. v p+ \GENT / TITLE NT DATE E- Alt. ADDRESS 9�sayy __ KE) CONTRACTOR LICENSE NUMBER (IF THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Of Santa Ana RFP 15.079 20A=35 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa. Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability slid defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This nisurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following including countersignature, is required to nrake this endorsement effective.) Effective Policy # _ Issued to Countersigned by this endorsement form as a part of Named Insured Authorized Representative 20A-36 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE CONTRACT AWARD TO TECTA AMERICA FOR FIRE STATION No. 72 ROOF REPLACEMENT (SPEC NO. 15-098) (STRATEGIC PLAN NOS. 1; 6, 1G, 2A) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _.1000 ■ ❑ As Recommended ❑ As Amended ❑ Ordinance on 1®1 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For ;•H V,1Pr_. FILE NUMBER Authorize a one-time purchase and payment of purchase order to TECTA America to install replacement roofing for Fire Station No. 72 in an amount not to exceed $82,950, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance & Management Services Agency, Building Maintenance Division annually inspects the condition of City facilities including City -owned fire stations. In 2014, after evaluating the tile roof of Fire Station No. 72 located at 1688 E. Fourth Street, the Facilities -Fleet -Central Stores Manager recommended roof replacement as repair and maintenance would no longer be cost- effective. The proposed re -roofing material is fiberglass -reinforced asphalt shingle overlaid on two protective layers of fiberglass -reinforced synthetic rubber sheets. This roofing design provides durable and effective insulation with superior protection against all weather conditions. The new roof will include a 40 -year warranty for the asphalt composition shingle. Additionally, re -roofing the facility will reduce maintenance and repair costs, eliminate future service interruptions related to roof repairs, and address public safety needs of the community. The notice soliciting proposals was advertised on September 09, 2015, on the City's online bid management and publication system. A summary of the solicitations and proposals received is as follows: 24 Vendors notified 4 Santa Ana vendors notified 22 Vendors downloaded the solicitation 6 Proposals received 1 Proposal received from Santa Ana vendor Proposals were received, opened on October 08, 2015, and evaluated (Exhibit 1). Proposals were scored based in part on the specifications, vendor experience, financial stability, resources and 22A-1 Agreement with Tecta America for Fire Station #72 Roof Replacement December 1, 2015 Page 2 of 2 pricing structure. The proposal received from TECTA America of Southern California was ranked number one in the evaluation process and meets the City's requirements. The contract award amount includes a five percent contingency. STRATEGIC PLAN ALIGNMENT Approval of this item supports City efforts to meet Strategic Plan Goal #1 Community Safety and Goal #6 Community Facilities & Infrastructure: Objective #1 (Establish and Maintain a Community Investment Plan for all City assets.), Strategy G (Develop and implement City's Capital Improvement Program) and Objective #2 (Address deferred maintenance of City buildings and equipment.), Strategy A (Address deferred maintenance on City buildings and equipment). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. FISCAL IMPACT This project is listed in the Building Maintenance 7 -Year Capital Improvement Program (FY 14- 21). Community Development Block Grant funds will be carried forward from Fiscal Year 2014-15 to Fiscal Year 2015-16 for Project 12-7510 (account no. 13518783-66200) for expenditure in the amount of $82,950 in Fiscal Year 2015-16. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez r-�,4-MKelly Reenders Executive Director V b Executive Director Finance and Management Services Agency Community Development Agency JANVNdds Exhibits: 1. RFP Abstract of Ranking 22A-2 PROPOSALS ABSTRACT ROOF REPLACEMENT AT FIRE STATION #72 (15-098) Bidder Tecta America Best Contracting Chapman Coast Roof Co. Location Santa Ana, Ca. Gardena, Ca. Fullerton, Ca. Delivery As stated on contract As stated on contract As stated on contract Final Ranking 1 2 3 Bidder Letner Roofing Commercial Roofing C. I. Services Location Orange, Ca. Delivery As stated on contract Final Ranking 4 Arcadia, Ca. As stated on contract EXHIBIT 1 22A-3 5 Mission Viejo, Ca. As stated on contract I. 22A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 CLERK OF COUNCIL USE ONLY: TITLE APPROVED CONTRACT AWARD TO BEST CONTRACTING 171 As Recommended FOR CORPORATE YARD ROOF RESTORATION ® As Or Amended ® Ordinance on 191 Reading (SPEC NO. 15-093) ❑ Ordinance on 2"' n ° Reading (STRATEGIC PLAN NO. 6: 1G, 2A) 177 Implementing Resolution ® Set Public Hearing For _ (SURPLUS ALLOCATION UINDING) CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Best Contracting for roof restoration on Corporate Yard buildings in an amount not to exceed $525,000, subject to non -substantive changes approved by the City Manager and City Attorney. Project is in accordance with the Council approved Surplus Allocation Plan dated October 20, 2015 (see below): Department: Project: I Category: Total Funding: Finance Corporate Yard Roof Restoration & Facilities/Assets $650,000 Facilit Renovations DISCUSSION As a result of the Surplus Allocation for fiscal -year 2014-15, the Finance & Management Services Agency, Building Maintenance Division (Building Maintenance) submitted a prioritized list of deferred capital maintenance projects for Surplus Allocation consideration. During 2014, after evaluating the roof of two Corporate Yard buildings (Public Works Administration at 220 Daisy St. and Central Stores at 215 Center St.), the Facilities -Fleet -Central Stores Manager recommended roof restoration with an energy efficient Title 24 coating to extend infrastructure life cycle. These roofs were incorporated and approved as part of the surplus allocation plan. The restoration will include replacing skylights with new dual glazed skylights that meet OSHA fall safety requirements and building code for curb height (flood protection) on the PWA Administration Building. Skylights at the Central Stores facility will be eliminated as a cost saving measure as there is adequate natural illumination from the upper warehouse windows. Re -roofing the facility will reduce maintenance and repair costs, eliminate future service interruptions related to the repair of the roof, and enhance worker safety. 2213-1 Agreement with Best Contracting for Corporate Yard Roof Restoration December 1, 2015 Page 2 The notice soliciting proposals was advertised on August 31, 2015 on the City's online bid management and publication system. A summary of the solicitation and proposals received is as follows: 9 Vendors notified 1 Santa Ana vendor notified 16 Vendors downloaded the solicitation 4 Proposals received 0 Proposal received from Santa Ana vendor Proposals were received, opened on September 28, 2015, and evaluated (Exhibit 1). Proposals were scored based in part on the specifications, vendor experience, financial stability, resources and pricing structure. The proposal received from Best Contracting was ranked number one in the evaluation process and meets the City's requirements. The contract award amount includes a five percent contingency. As part of this Surplus Allocation Funding project line item, an additional project will be forth coming for facility renovations at the Corporation Yard. STRATEGIC PLAN ALIGNMENT Approval of this item supports City efforts to meet Strategic Plan Goal #6 Community Facilities & Infrastructure: Objective 1 (Establish and maintain a Community Investment Plan for all City assets) Strategy G (Develop and implement City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans) and Objective 2 (Address deferred maintenance on City buildings and equipment) Strategy A (Prepare a Deferred Maintenance Plan that assesses safety, adequacy, and liability implications, and estimates repair costs to be programmed in the responsible agency's future budget.) ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. FISCAL IMPACT This project is listed on the Building Maintenance 7 -Year Capital Improvement Program (FY 2014-21) and approved for Surplus Allocation funding. Funds were initially budgeted and available in the Council Special Project Fund (Fund 50). Subsequent expenditures will be transferred from the Council Special Projects Fund (noted above) and incurred in the FMSA — Corporate Yard, Building Improvements (account no. 08510138-66200). APPROVED AS TO -sem ` , FUNDS AND ACCOUNTS: ar 4� e` ,� Francisco Gure tierz Executive Director Finance and Management Services Agency JNWN/ds Exhibits: 1. RFP Abstract of Ranking 228-2 PROPOSALS ABSTRACT ROOF RESTORATION AT CORP YARD (15-093) Chapman Coast Bidder Best Contractina Roof Co. Location Gardena, Ca. Fullerton, Ca. Delivery As stated on contract As stated on contract Final Ranking 1 2 Bidder C.I. Services Location Mission Viejo, Ca. Delivery As stated on contract Final Ranking 4 EXHIBIT 1 22B-3 Commercial Arcadia, Ca. As stated on contract 3 22B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: INCREASE SCOPE OF CONTRACT WITH EXCEL PAVING COMPANY FOR RESIDENTIAL STREET REPAIR (PROJECTS 14-7516 & 15-7514) (STRATEGIC PLAN NOS. 6, 1B & 1G) C � � CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an increase of $200,000 to the Excel Paving Company construction contract for the Residential Street Repair Project, Fiscal Years 2013-2014 and 2014-2015, to cover additions to the Scope of Work required to mitigate unforeseen conditions in concrete streets. DISCUSSION On May 5, 2015, City Council awarded a contract to Excel Paving Company in the amount of $1,567,511 to construct the Residential Street Repair Project, Fiscal Years 2013-2014 and 2014- 2015. The Residential Street Repair Program is an ongoing effort to rebuild neighborhoods by identifying high-priority streets using the City's Pavement Management System and scheduling the repairs in the City's Capital Improvement Program (CIP). The roadway pavements identified for repair in the Fiscal Year 2013-2014 and 2014-2015 CIPs had deteriorated due to weather, age, and heavy usage (Exhibit 1). The improvements included removal and replacement of failed concrete pavement, asphalt pavement reconstruction, and replacement of damaged concrete curbs, gutters, sidewalks, cross gutters, and curb ramps. Once completed, these project improvements will enhance the ride quality, surface drainage, and appearance of the neighborhoods. During construction of the residential street repairs, several utilities --including water and natural gas --were discovered to be too shallow under the concrete streets. While removing the concrete pavement, the shallowest utilities were inadvertently broken, causing the work to stop until the utilities were repaired. In addition, the subgrade on Walnut Street was discovered to be too soft, causing the asphalt pavement to become unstable, which cannot meet the City's quality and durability standards. To minimize the potential for future conflicts with utility mains and other unintended impacts to the pavement, the contractor must change the construction method used for this project, which requires an increase to the Scope of Work. With this additional work, substandard soil conditions under portions of Walnut Street and several other locations in the project area will be restored, ensuring that the project is completed without further interruption. 23A-1 Increase Scope of Contract with Excel Paving Company December 1, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan - e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2015-29 will be filed for this project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT The amended Project Cost Analysis estimates that the project expenditures will total $1,767.511, which includes the construction contract, construction administration, survey and inspection, standard construction contingency, and the added scope cost (Exhibit 2). Unallocated CDBG funds in the amount of $200,000 will be carried forward from Fiscal Year 2014/15 to Fiscal Year 2015/16 in Account No. 13518783-66220 ($100,000 each in Projects 14-7516 and 15-7514) for expenditure in Fiscal Year 2015/16. J Freq Mousavipour Executive Director Public Works Agency Executive Director Community Development Agency FM/EWG/TC Exhibits: 1. Location Map 2. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director 0 Finance & Management Services Agency 23A-2 —) L ------j L=s —'--J L ----J L—J L 11 El, T ST _-3R —c oKST — � RESIDENTIAL STREET REPAIR EXHIBIT I 5ANIA ',NA CiTy OOUNCLPROJECT 14-7516 AND 15-7514 1V?/ AGENDA DATE! RESIDENTIAL STREET REPAIR MAY 5. 2015 PAGE I OF 1 23A-3 CHESTNUT AV MYRTLE ST E ST [` )Vit 1-d I Gidl AND�El 5ANIA ',NA CiTy OOUNCLPROJECT 14-7516 AND 15-7514 1V?/ AGENDA DATE! RESIDENTIAL STREET REPAIR MAY 5. 2015 PAGE I OF 1 23A-3 23A-4 COST ANALYSIS PROJECT NOS. 14-7516 & 15-7514: RESIDENTIAL STREET REPAIR FISCAL YEARS 2013-2014 AND 2014-2015 Exhibit 2 23A-5 23A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1 2016 TITLE: AWARD CONTRACT FOR CONSTRUCTION OF NEW TRAFFIC SIGNAL ON NEWHOPE STREET AT CAMILLE STREET AND TRAFFIC SIGNAL MODIFICATION ON SEGERSTROM AVENUE AT BEAR STREET (PROJECTS: 14-6799 & 14-6800) (STRATEGIC PL/AN NO. 6, 1B & 1G) CITY MANAGEI CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For t01iPlrl1lIL"3C9 1,1I111:1111Rl17i1441 1. Award a contract to PTM General Engineering Services Inc., the lowest responsible bidder, in accordance with the bid in the amount of $373,973.00 for the construction of a new traffic signal on Newhope Street at Camille Street, and a traffic signal modification on Segerstrom Avenue at Bear Street, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $504,863.60. 3. Authorize the City Manager to execute change orders in an amount not to exceed the total authorized contingency of $74,794.60. DISCUSSION The recommended actions would support the City's efforts to construct a new traffic signal with protected -permissive left -turn phasing at the school crossing on Newhope Street at Camille Street. Additionally, the traffic signal on Segerstrom Avenue at Bear Street would be modified to provide protected -permissive left -turn phasing for westbound traffic (Exhibit 1). Once completed, these improvements will increase safety and mobility for all users. A Notice Inviting Bids was advertised on September 15 & 16, 2015, and bids were opened on October 6, 2015. The following is a summary of the bid invitations made and the bids received: 23B-1 Contract Award to PTM General Engineering Services Inc. for Traffic Signal Installation and Traffic Signal Modification December 1, 2015 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 1 Contractors requesting bidding documents 16 Bids received 7 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 PTM General Engineering Services Inc. Riverside $373,973.00 2 Steiny and Company, Inc. Baldwin Park $380,577.50 3 Elecnor Velco Electric, Inc. Chino $382,167.00 4 California Professional Engineering La Puente $419,339.80 6 Crosstown Electrical & Data Inc. Irwindale $429,186.00 6 International Line Builders Riverside $441,213.80 7 Asphlundh Construction Corp. Anaheim $463,811.40 A total of seven bids were received and all were deemed responsive. PTM General Engineering Services Inc, submitted the lowest responsive bid in the amount of $373,973.00, which is 3.55 percent lower than the engineer's estimate of $387,725.00. Therefore, staff recommends award of this contract to PTM General Engineering Services Inc. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan (e.g., neighborhood streets, traffic improvements, park facilities, bike master plan, etc.). 23B-2 Contract Award to PTM General Engineering Services Inc. for Traffic Signal Installation and Traffic Signal Modification December 1, 2015 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2013-23 and 2013-24 were filed for these projects. FISCAL IMPACT The Project Cost Analysis estimates project expenditures of $504,863.60, which includes the construction contract, construction administration and inspection, and contingencies (Exhibit 2). Funds are budgeted in the Federal Aid Safety Program Fund (Account No. 14717611-66220, Projects 146799 & 146800) and Measure M2 Local Fair Share Fund (Account No. 03217662- 66220, Projects 146799 & 146800) for expenditure in Fiscal Year 2015-16. &---- rre Mousavipour Executive Director Public Works Agency FM/EWG/TC/MO Exhibits: 1. Location Map 2. Cost Analysis 3. Construction Contract APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23B-3 23B-4 *WA ANA City Council (� Agenda Date 7Ww�MMwiI r5arvamhnr 1 7t Project No. 14-6799; New Traffic Signa! on Newhope Streetat Camille Street A • 11t t e• � EXHIBIT 1 23B-5 COST ANALYSIS PROJECT NOS. 14-6799 & 14-6800: NEW TRAFFIC SIGNAL ON NEWHOPE STREET AT CAMILLE STREET; TRAFFIC SIGNAL MODIFICATION ON SEGERSTROM AVENUE AT BEAR STREET Construction Contract $ 373,973.00 Contract Administration $ 23,314.00 Inspection and Testing $ 32,782.00 Contingencies $ 74,794.60 TOTAL ESTIMATED CONSTRUCTION COSTS $ 504,863.60 EXHIBIT 2 23B-7 CITY OF SANTA ANA Construction Contract PROJECT NO. 14-6799 & 14-6800 TRAFFIC SIGNAL INSTALLATION ON NEWWOPE STREET AT CAMILLE STREET AND MODIFICATION ON SEGERSTROM AVENUE AT BEAR STREET This CONSTRUCTION CONTRACT is made and entered into this 19day of December, 2015, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing immder the Constitution and laws of the State of California, hereinafter referred to as "CITY" and PTM General Engineering Services Inc., hereinafter referred to as "CONTRACTOR". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perforin all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Traffic Signal Installation on Newhope Street at Camille Street & Traffic Signal Modification on Segerstrom Avenue at Bear Street, hereinafter referred to as the "Work of Improvement", identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents," as defined by the Standard Specifications for Public Works Construction and which includc the following: • Notice Inviting Bids • Information to Bidders • Bid. Proposal • Bid Bond • Contract Fonn • Contract Bonds • General Provisions • Special Provisions • Project Plans • Required Contract Provisions Federal -Aid Constriction Contracts (Form FFIWA 1273) • Davis -Bacon Act and Wages • Appendices hi case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the sum total amount not to exceed $373,973.00, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A". The BID PROPOSAL contains a schedule of unit price(s) or lump srun(s) based on approximate quantities only, and the City does not expressly or by implication Page 1 of 3 - CITY OF SANTA ANA Construction Contract PROJECT NO. 14-6799 & 14.6800 TRAFFIC SIGNAL INSTALLATION ON NEWHOPE STREET AT CAMILLE STREET AND MODIFICATION ON SEGERSTROM AVENUE AT BEAR STREET agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as maybe deemed necessary or advisable. 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials firrnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten (10%) percent of the final Contract price or $1,000, whichever is greater (Warranty Bond). CONTRACTOR shall, upon project completion as a condition of project acceptance, furnish a Warranty Payment and Performance bond to be approved by the CITY, in the amount of Twenty -Five Percent (25%) of the Contract price, to warrant the work done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY, a. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. I/ H Page 2 of 3 23B-10 CITY OF SANTA ANA Construction Contract PROJECT NO. 14-6799 & 14-6800 TRAFFIC SIGNAL INSTALLATION ON NEWHOPE STREET AT CAMILLE STREET AND MODIFICATION ON SEGERSTROM AVENUE AT BEAR STREET IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA R. CARVALHO City Attorney BY Me Sandov I Fred Mousavipour, P.E, hief Assista City Attorney Executive Director, Public Works Agency CONTRACTOR: PTM General Engineering Services Inc. By: Title: Page 3 of 3 23B-11 CITY OF $ANTA ANA PROPOSAL PROJECT NO. 14-6799: NaW TWIf is Signal on Nowhope St and Camilla St PROJECT NO. 14.6800: Traffic Signal Modification on Segerstrom Ave and Saar St 02M -9 -SAL TO; CITY COUNCIL OF THE CITY OF SANTA ANA FROM: PTM General Engineering Services, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in Its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit prices) or lump sums) set forth in the following schedule: Pro lett H 14.6799 Item Description qty Unit Unit Price Amount 1 Traffic Signal Installation on Newhope St & 1 LS $ $ Camille St 990nJo?c0o 2 ._� GIT CmergencyVehl_cleProemptionSystem 1 LS $ $ Per Plan n cto 10 3 Install d" PVC Conduit Per Plan 400 Lf- $ $� 4 Install 3" PVC Conduit Per Plan 5o LF $ $ S Install 4" AVC Condult Per Plan 300 LF $ $ 6 I.-. Instal. No."_ 6 Pull Box 1q EA $ $ 60 "1/ 7 Install Large Pull Box (N40 with N40T LW) 1 EA $ $ 8 Install Edison Pull Box 1 EA $ $ 9 Install Traffic Signal Loop Detector 14 EA $ $ (Type D Loop) % 10 Install Bicyrla Loop Detector 6 EA $ $ (Type L Loop) ° -Z- % 0 Pa "Z C) 11 Install Bicycle Loop Detector 2 CA (Type Q Loop) V Construct 4" PCC Sidewalk150 5F $ $ /f., zo ! 6 e BP- I 23B-12 CITY OF SANTA ASIA PROPOSAL PAOJBCT N0. 14-6799, Now 7rafile Signal an Newhopa St and Camille $t PROACT NO. 14-6800t Trafnc Signal Modifisatirn on Segerstrom Ave and Dear St Item Description qty Unit Unit Price Amount 13 COnatrut P CCurb &Gut._ Type A�2.8) 100 LF $ $ Iqp 5 14 Construct PCC Curb Ramp 750 SF $ $ 15 AC Pavement 2 TN $ $ 16 Install 24 Strand Singlemode Fiber Optic 300 LF $ $ Cable S,176 970 17 Fusion Splice 1 Strand of Singlemode Fiber 48 EA $ $ Optic Y Optic Splice Enclosure 2 EA/�andEthernetCommunicatlon 41qs1ny4sttaeTm1E-cT7 1 LS $ s "�.v 3 (0 C)a® 20 Sandblasting/Grinding ConflictingStrlping, 1,000 Lf $ $ Then Apply Slurry Seal x%„75 y `7 50 21 Sandblasting/Grinding Legends/Symbols, 30 EA $ $ ']'hen Apply Slurry Seal //Z 6 co 22 Install White Lane Line Per City Standard 50 LF $ $ Plan 1 i e o 23 InstallDoubieyoI1ow'arCltyStandardPlan _ 50 LF $ $� 24 Install 12" Solid Whlte[Yellow Line (Thermo) 310 Lr $ $ Red Curb 50 LF $ $ __0 0Remove Existing Signs) and Post 4 EA $..NewS,)andInstall [25Install ign(s)andPost 1 E�$Pothole for Utilities Not Shown on plans 1S TM EA $ $ !00 1sT 29 Pothole for Traffic Signal Equipment . " 10 EA $ $ Locations 10,00 30 Unclassified Excavation So Cy $ $ Project No.: 14-6799, SUBTOTAL,,,,,,,,,,,,,, $ Z/5 901 BP -2 23B-13 CITY OF SANTA ANA PROPOSAL PROJECT No. 14-8799; NOW Traffic Signal on Nowhope St and Carol last PROJECT NO. 14,68M Traffic Signal ModdIcatlon on Segerrpoar Ave and bear St Item Description Qty Unit Unit Prig Amount 31 Traffic Signal Modification on Segerstrom 1 LS $ $ Ave 81 Bear St id1b6 806605? 32 GTT Emergency Vehicle Preemption System 1 LS $ ._..� $ Per Plan 5ocf s '0 33 Install 2" PVC Conduit Per Plan 140 LF $ $ 1z4 " SGO 34 Install 3" PVC Conduit Per Plan 225 LF $ $ 3Y S� 35 Install 4" PVC Conduit Per Plan 175 LF $ $ 36 Install Na. 6 Pull Box 10 EA $ ... �....._.-$ 37 Install Traffic Signal Loop Detector 11 EA $ $ (Type D Loop) -7o 4070 38 Install Bicycle Loop Detector 8 EA $ $ (Type E Loop) Z 70 �Z— I E> O 39 Construct 4" PCC Pad 20 I_SF $ $ G0 40 Construct PCC Curb & Gutter (Type A-2-8) BO Lr _ $ $ , 41 Construct PCC Curb Ramp 280 SF $ $ 500 42 AC Pavement 2 TN $ ...... I9ZO 'C..Z. Z40 43 Install 6-PoIr AWG#22 interconnect Cable 250 LF $ � '• c� 75 44 Install Twisted -Pair Splice Closure and $pike 1 EA $ $ Twisted -Pair .z S5i 3 45 Relocate Existing Ethernet Antennas 1 LS $ $ 46 Remove Existing Signs and Post 1 EA 47 Install New Signs) and past 2 EA 43 Pothole for Utilities Not Shown on Plans 7 CA $ a r 79_'__- Pothole Oar Traffk Signal Equipment 5 EA � $ $� LocationsFF9 RP -.3 23B-14 _�Lq CITY OF SANTA ANA PROPOSAL PROJECT NO. 14.6799: Now Traffic Signal on Newhope St and Camille St PROJECT NO, 1445800: Tiaffic Signal Modification on Segerstrom Ave and Bear St Item Description Qty Unit Unit Price Amount 50 Unclassified Excavation 10 CY i $ $ /00 r 000 15e ( 7 2' Project No,: 14.6800, SUBTOTAL .............. $ Total Base Bid For Project: 14-6799 & Project 14-6800 S,2 ,73 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid Item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications, The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications, TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within eighty (80) working days after the commencement date stated in the Notice to Proceed. The bidder also proposes to commence construction of the Work within ten (10) days after issuance of a Notice to Proceed, and to continue in a diligent and workmanlike manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,000 per calendar day. Name of Firm PTM GenerpLEagjhfi ering Services, Inc. Signature of BIDDER Title Elizabeth H. Mendoza de McRae, President (if an individual, so state) BP -4 23B-15 CITY OF SANTA ANA PROPOSAL PROJECT NO, 1467M New Traffic signal on Newhope St and Camille St PROJECT NO. 14�6800; Traffic Signal Modification on Segerst,om Ave and Bear St BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of It has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct, Name of Firm Signature of BIC Title (if an individual, so state) Elizabeth H. Mendoza de McRae, President/CFO (If a firm or copartnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof,) PIM General Engineering Services, Inc. Elizabeth H, Mendoza de McRae, President/CFO Brian Mendoza, Vice President/Secretary BP -5 23B-16 CITY OF SANTA ANA PROPOSAL PROJECT NO. 14-6799: New Traffic Signal an Newhope Stand Cain! Ilest PROJECT NO. 14.6800: Trafflc Signal Modification on Segerstrom Ave and Bear St CONTRACTOR'S LICENSING and REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: PTM General Engineering Services, Inc. Business Address: 5942 Acorn St. Riverside, CA 92504 Business E -Mail Address: elizabethQptm-eng.com; brian@ptm-eng.com Telephone: 951.710.1000 State Contractor's License No. and Class: 891265 Class A; License Expiration Date: 02.28.2017 State Dept. of Industrial Relations (DIR) Registration No.: 1000001433 State Dept, of Industr' I Relations (DIR) Registration Irat n te: 06.30.2016 Signed: Title: Elizabeth H. Mendoza de McRae, President/CFO BP -6 23B-17 CITY OF SANTA ANA PROPOSAL PROJECT NO. 14.67991 New Traffic Signal on Newhopa St and Camille St PROJECT NO. 14-6800: Traffic Signal Mod iflcation on Segerstroin Ave and Bear St OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Elizabeth H. Mendoza de McRae, , being duly sworn, deposes and says: ❑INDIVIDUAL That he/she is the party making the foregoing proposal: E] PARTNERSHIP That he/she Is a. member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute Instruments for the co -partnership by: who constitute the other members of the co -partnership. she CORPORATION That he is of; President/CFO of PTM General Engineering Services, Inc. a corporation which is making the foregoing proposal: ❑101NTVENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and Is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that s c a bid is genuine and not collusive or sham, and has not in any manner sought by collusl to secure any advantage against the City of Santa Ana or any person interested in the pp ontract, for himself or any other person, Elizabeth H. Mendoza de McRae Presldenf/CFO Signature of Bidder Subscribed and sworn to before me this _ day of 20 Signature of officer Administering Oath h((Notary Public) BP-S 23B-18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE ) On /0 - 0-9' 10IS' before me, PHILIP VEGA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ELIZABETH H. MENDOZA de McRAE Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within ins r -ea and acknowledged to me that he/she/they executed the same in his/her/their a p, pkoes) no that by his/her/their signatures) on the instrument the person(s), or th on �' wor�fiavfli rtth9 person(s) acted, executed the instrument. wy PUBUC• CAUFC i Lo$prvcs�uscoua>,' I certify under PENALTY OF PERJURY under the laws My comroflxDlresMAv °�,t016 of the State of California that the foregoing paragraph is true and correct. WITNESS my ha*,prd offal seal. Signature Place Notary Seal Above of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ 0 Corporate Officer — Title(s); ❑ Partner — ❑ Limited O General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _ Signer's Name: C1 Corporate Officer — Title(s): EI Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ^wM0IM&W--I ?� K -1 ^ M110__1crcon� 02014 National Notary Association • www.NationalNotary.org , 1 -600 -US NOTARY (1-800.876-6827) Item #5907 23B-19 CITY OF SANTA ANA PROPOSAL PROJECT No. 14-6799: New Traffla 5181Ial on Nowhere St and Camille St PROJECT NO. 14-6860: TraRIc SlRnal Modification on Segersnrom Ave and Bear. St BID BOP,_j„D, KNOW ALL PRESENT that, PTM GENERAL ENGINEERING SERVICES, INC. as BIDDER, and INTERNATIONAL FIDELITY INSURANCE COMPANY as SURETY, are held and firmly bound unto the CITY OP SANTA ANA, as AGENCY, in the penal sum of TEN PERCENT OF AMOUNT BID Dollars 10% e ($ ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER In the manner and time specified, then this obligation shall be null and void, otherwise it shall remain In full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 5TH day of OCTOBER2015, BIDDER* PTM GE NGINEERING SERVICES, INC. 5942 ACORN ST. RIVERSIDE, CA 92504 710-1000 SURETY* k INTERkd. TI2IVAL FIDELITY INSURANCE COMPANY 2400 E. KATELLA AVE. #250 ANAHEIM, CA 92806 M%o sworn to before me 20—, Signature: 0111110M Notary Public in and for the County of , State of this day of *Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. IBP -9 23B-20 INTERNATIONAL...F)Dt O fY';tNSURANCE CtJMPANY ALLtOHENY CASUALTY COMPANY' ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BYTHESE PRESENTS: That INTERNATIONALFIDELITY INSURANCE COMPANY,Ia corporation. organized and existing under .the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the. City. of Newark, New Jersey, do hereby constitute and appoint KEVIN E. VEDA, BRITTON CHRISTIANSEN, PHILIP E. VEGA, MYRNA SMITH Covina, CA, their true and lawful attorney(s)-in-fact to execute, seal and deliver 'for -and on Its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required orpermitted by law, statute rule; rogulatien contract or otherwise and the execuilon of :such Instrument(s) in pursuance` of these. presents, shall be as bindlnq: upon the said INTERNA ONAL FIDELITY INSURANCE ANY and ALLEGHENY CASUALI Y COMPANY, as fully and amply, town Intents and purposes, as it the same natl been duly executed- end ledged by their ryegularly elected officers at their principal offices. yy Y _ WY and ALLEGHENY CASUALTY COMPANY anddis granted oridea a d by authontyty of the follow ngsresolution adoptedNbyLtheD Board INSURANCE :RNATIONAL FIDELITY INSURANCE COMPANY at a meeting dole held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY �LTY COMPANY at a meeting duly' hold on the 15th day of August 2000. VED, that (1) the President, Vice, President Chief Executive Officer or Secretary of the Corporation shall have the ower toappoint,and to revoke ointments of, Attorneys4n-Fact or agents with power and authority as defined orlimited in their respective powers of attorney, and to execute on behalf orporatlon and affix the Corporation's seal thereto, bonds, undertakings recognlzances; contracts of indemnittvy and other written obligations In the hereof or related thereto; 'and (2) any such Officers of the Corporation may appoint and revoke the a%ntmanfs of Joint -Control custotllans, agents - 3ptance'of process; and Attorneys -In -fact with authority to execute waiversandconsents on behalf of the Corporation; and f3) the signature or any Ricer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification Ivan for the execution of any ndertaking, recognizance contract of Indemnity. or other written obligation' in the nature thereof or related theretosuch signature and seals, when U __ .. _.. .-'---- -e- -.. .._ _.. ._ ._._ -. Corporation, tb be valid and: tilnding upon. he Corporation with he. same forco and effect as thoughm@nue y affixed:' IN WITNESS :WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANYhaveeach executed and attested these presents on this 22nd. day of July, 2014. - y 0STATE OF NEW JERSEY A GpSJACiY L County of Essex � SEAb � f A . UA3 d 1936 ROBERT W. MINSTER * A F Chief Executive Officer (international Fidelittyy ENLyptw Insurance Company)and President(Allegheny KSY _ ... .:Casualty Company) 5 On this 22nd day of July2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn said he Is the therein described and authorized officer of rINTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were .. 'duly affixed by order of the Boards of Directors of said Companies. - IN TESTIMONY WHEREOF, I have hereunto set mY hand affixed my Official Seal, 0,,,,,,,,,,11 , at the City of Newark, New Jersey the day and year first above written. G,pi ,,HY CyG 045i0�� _ ,yy % �r (p NOTAflY A, fes..+ - :$at PUBLIC m.( C _ A erami° - A NOTARY PUBLIC OF NEW JERSEY s�TF. O •b , � My Commission Expires April 18, 2019 _ FNEW �. 'Oprq,„nn»„i CERTIFICATION 7 the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that Ihave compared. the foregoing copy of the Power of Attorney and affidavit,. and thecopy of the Sections of the By -Laws of said Companies as set forth In said - `Power of Attorney, with the originals on file in the home officeofsaid companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and -is now in full force and effect IN TESTIMONY WHEREOF I have hereunto set my hand this - _ G-//-\ day off OCI�bre,P* c <MARIA 6ttANC.O, Assistant Secretary, t Z t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ORANGE On 6, i�" before me, PHILIP VEGA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ELIZABETH H. MENDOZA de McRAE Name(a) of Signer(s) 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/sheithey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. pYi1LIP VHGA e QOOMM.>F 1977088NOTARY FVBCLIFOBN�ALOS ANGELes COUNTYMY Comm. E��Y 712016 = I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct, WITNESS my h4rd and offi kal seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages:.,_, Signer(s) Document Date: Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General CJ Individual El Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: _ Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General C1 Individual © Attorney in Fact © Trustee ❑ Guardian or Conservator © Other: Signer Is Representing: i O4Mtzf.K%4:�-';aes�%4fT�'i�G+�e.4.^W^�-'�Si �4:*'1,i*F)._'W^a'<.' C 4H�- 'h`�s'.','GfnS".Rr-',^�4"L'd:5 ^r's ASS(: /C+'. ^e'ke:e.Sd'9.L'0--r.IVIV+. ool 02014 National Notary Association • www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-682'7) Item #5907 23B-22 CALIFORNIA ALL-PPRPO5E ACKNOWLEDGMENT CIVIL CODE, § 1189 A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document, State of California County of Los Angeles On OCT 0 5 2015 before me, Monica Blaisdell, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Philip E. Vega Name(s) of Signar(s) who proved to me on the basis of satisfactory evidence to be the person(* whose named) Were subscribed to the within Instrument and acknowledged to me that helt4¢tWA" executed the same in his/,U0;Wk authorized cafeaclty,Rg and that by his/kk slgnature(�§) on the Instrument the personO, 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 MBeicn armsoeu `'''� Is true and correct. " Oommlxsian k 1870045 a,,o emarvP mm.camom'a WITNESS my hand and official seal. dti : 01466n Bounty / M Comm Axpiies Mn26.2616 „„ Signature Signature of Notary Public 23B-23 23B-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: AWARD CONTRACT FOR CONSTRUCTION OF MORRISON PARK PARKING LOT IMPROVEMENTS (PROJECT NO. 15-6456) (STRATEGIC PLAN NO. 6,, 1B) CITY MANAGE 1:7xrii7ihIT, I:-ul [a]4r7e[t5 CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"tl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Roadway Engineering & Contracting Inc., the lowest responsible bidder, in accordance with the bid in the amount of $171,306.00 for the construction of the Morrison Park Low Impact Development parking lot improvements, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $248,393.80. 3. Authorize the City Manager to execute change orders in an amount not to exceed the total authorized contingency of $51,391.80. DISCUSSION The recommended actions support the City's efforts to improve the Morrison Park parking lot pavement by installing absorbent pavers, and incorporating a bioretention system that includes drought -tolerant landscaping. in addition to the pervious pavers and the drought -tolerant landscaping, the entire parking lot will be reconstructed to include new asphalt pavement, parking lot striping, and other ADA enhancements. Once completed, these improvements will be aesthetically pleasing and will reduce the amount of water run-off that enters the storm drain system. A Notice Inviting Bids was advertised on September 28 and 29, 2015, and bids were opened on October 21, 2015. The following is a summary of the bid invitations made and the bids received: 23C-1 Contract Award for Construction of Morrison Park Parking Lot Improvements December 1, 2015 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 16 Contractors requesting bidding documents 19 Bids received 14 Bids received from Santa Ana contractors 1 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 Roadway Engineering & Contracting Inc. Mira Loma $171,306.00 2 All American Asphalt Corona $171,460.00 3 Horizons Construction Co. Int'I Inc. Orange $186,480.64 4 Sully -Miller Contracting Company Brea $187,838.50 5 Vido Samarzich Inc. Alta Loma $189,270.00 6 Hillcrest Contracting Inc. Corona $199,400.50 7 Excel Paving Company Long Beach $204,537.00 8 R -JS General Construction Riverside $213,168.50 9 C.S. Legacy Construction, Inc. Pomona $224,224.00 10 Hardy & Harper, Inc. Santa Ana $248,000.00 11 KASA Construction Inc. Chino $253,872.00 12 EBS General Engineering Inc. Corona $283,390.00 13 Los Angeles Engineering, Inc. Covina $305,530.00 14 Minako American Corporation Gardena $526,875.00 A total of 14 bids were received and all were deemed responsive. Roadway Engineering & Contracting Inc. submitted the lowest responsive bid in the amount of $171,306.00, which is 14.35 percent lower than the engineer's estimate of $200,000. Therefore, staff recommends award of this contract to Roadway Engineering & Contracting Inc. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users). 23C-2 Contract Award for Construction of Morrison Park Parking Lot Improvements December 1, 2015 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2013-91 was filed for these projects. FISCAL IMPACT The Project Cost Analysis estimates a total project delivery cost of $248,393.80, which includes the construction contract, construction administration and inspection, and contingencies (Exhibit 2). Funds are budgeted in the Proposition 40 Fund (Account No. 16417640-66220, Project 15- 6456) and the NPDES Fund (Account No. 05717640-66220, Project 15-6456) for expenditure in Fiscal Year 2015-16. WA�. F ej Mousavipour Executive Director Public Works Agency FM/EWG/TC/MO Exhibits: 1. Location Map 2. Cost Analysis 3. Construction Contract APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23C-3 23C-4 i WEST ORANGE RD JRR 1 GAN AVE M1: MOR" '_N i J 5(HERW IN ti SANTA ANA PROJECT 15-6456 P W A AG , t l PARK uta MPl OVEMENTS DECOAS a, zetas 2801 W. WESTWOOD AVE EXHIBIT 1 23C-5 w MK;M;E 23C-6 COST ANALYSIS PROJECT NO. 15-6456: MORRISON PARK PARKING LOT IMPROVEMENTS Construction Contract $ 171,306.00 Contract Administration $ 9,709.00 Inspection and Testing $ 13,361.00 Survey $ 2,626.00 Contingencies $ 51,391.80 TOTAL ESTIMATED CONSTRUCTION COSTS $ 248,393.80 EXHIBIT 2 23C-7 23C-8 CITY OF SANTA ANA APPENDIX B: Construction Contract PROJECT NO. 15-6456 MORRISON PARI£ PARKING LOT LOW IMPACT DEVELOPMENT (LID) IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 1st day of December, 2015, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and Roadway Engineering & Contracting Inc., hereinafter referred to as "CONTRACTOR'. WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike mariner and to the satisfaction of the City Engineer of the CITY, the Morrison Park Parking Lot Low Impact Development (LID) Improvements, hereinafter referred to as the "Work of Improvement", identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents," as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Project Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the sum total amount not to exceed $171,306.00, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A". The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. Page 1 of 3 2ftwhladipit 3 CITY OF SANTA ANA APPENDIX B: Construction Contract PROJECT NO. 15-6456 MORRISON PARK PARKING LOT LOW IMPACT DEVELOPMENT (LID) IMPROVEMENTS 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing constriction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hwldred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Perforniance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten (10%) percent of the final Contract price or $1,000, whichever is greater (Warranty Bond). CONTRACTOR shall, upon project completion as a condition of project acceptance, Rimish a Warranty Payment and Performance bond to be approved by the CITY, in the amount of Twenty -Five Percent (25%) of the Contract price, to warrant the work done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // Page 2 of 3 23C-10 CITY OF SANTA ANA APPENDIX B: Construction Contract PROJECT NO, I5-6456 MORRISON PARI£ PARTING LOT LOWIMPACT DEVELOPMENT (LID) IMPROVEMENTS IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written, ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney _13 Chief Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour, P.E. Executive Director, Public Works Agency CONTRACTOR: Roadway Engineering & Contracting Inc. By: _ Title: Page 3 of 3 23C-11 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6456 MORRISON PART{ PARKING LOT LOW IMPACT DEVELOPMENT (LID) IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Roadway Engineering & Contracting Inc, REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sunl(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Mobilization 1 LS $ �1 7 �) 1'rrvE�C�1V $ x t ,�l trXr�t�Jdt 2 Unclassified Excavation* 223 CY $ yp/tAp j V $ ^rye �ry C t� L! d 4 4" AC over compacted subgrade* 328 1N $ $ 1t L7 5 _6 Permeable Pavers* 2,51.5 SF $ $ 6" PCC Curb* 31 S LP $ $ �J`"� 7 Cobble Swale* 20 LF $ /4� 1 8 12" PCC Band* 134 LF $ mq j ,� $ ,. 1 9 4" PCC Sidewalk* 465 SF $ .7 $ 10 Bioretention BMP 1 LS $ 0 $ 0 I l Parkway Culvert 2 EA $ V$ 3700 12 Driveway Approach 560 SF $ rr $ Z 13 Signago & Striping I LS $ $ !3� 14 Interpretive Sign I LS $ o $ 15 Landscaping 1 LS $ 1 -$ 16 hrigatiion L3 $ $ 17 90 -Day Irrigation & Landscape Maintenance Period 1 LS $ $^ al ME 23C-12 CITY OF SANTA ANA PROPOSAL PROSECT NO. 15-6456 MORRISON PARK PARKING LOT LOW IMPACT DEVELOPMENT (LID) IMPROVEMENTS Item Description Qty Unit Unit Price Amount TOTAL SASE BID 17i V a ADD ALTERNATE BID NO. I — ADD PERMEABLE PAVERS IN EAST PARKING BAY I Deduct 4" AC Pavement over compacted sub rade* -77 TN $-_-- '' $-- i 2 Permeable Pavers* 2,550 SF $ $ r00 3 12" PCC Band* 134 LF $ar $fj TOTAL ADD ALTERNATE BID NO. I The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within sixty (60) working days after the commencement date stated in the Notice to Proceed. The bidder also proposes to commence construction of the Work within ten (10) working days after issuance of a Notice to Proceed, and to continue in a diligent and workman- like maturer without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $375. Name of Firm fterlway ngineerincg & canlroctiny 1tle'-, Signature of BIDDER Title Eric Alvarez — I 23C-13 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6456 MORRISON PARK PARIONG LOT LOW IMPACT DEVELOPMENT (LID) IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Set -vice properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Roadway Engineering & Contracting inc, Signature of BIDDER Title Erlo Mom - (if an individual, so state) (If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the 'firm. If a corporation, state legal name of corporation, and naives of President, Secretary, Treasurer and Manager, thereof.) BP -3 23C-14 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6456 MORRISON PARK PARKING LOT LOW IMPACT DEVELOPMENT (LID) IMPROVEMENTS CONTRACTOR'S LICENSING and REGISTRATION STATEMENT The undersigned contractor, or corporate officer`, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Roidway Enalneering A Contracting inc. Business Address: 10247 Bellegnive Ave, 5t% 12Z ; Mira Loma, CA 91752 Business E -Mail Address: E 9 C (2OA'DWA' EtS -;sc AF—C— 'A%QkCi.CxDio t Telephone: 51.360.0834 State Contractor's License No. and Class: 874044 A License Expiration Date: 17) State Dept. of Industrial Relations (DIR) Registration No.: (Ut30i3 ;' q State Dept. of Industrial Relations (DIR) Registration Expiration Date: (0 Signed: Title: Eric Altrar 2 BP -4 23C-15 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6456 MORRISON PARK PARKING LOT LOW IMPACT DEVELOPMENT (LID) IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OR CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Erle Alvarez , being duty sworn, deposes and says: []INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is member of the co -partnership firm designated as: and who has been Brad is duly vested with the authority to mule and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. WORPOI2AT[ON That rte is oC: resident of Rcsaftay Engineering & Clontr til7g trio. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That lie is of: one of the parties making the foregoing proposal as a joint venture, and the helshb has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for hi nTself or any other person. Signature of Bi do ri0 �'arf�idAtlt Subscribed and sworn to before me this day of 20 — Signature of officer Administering Oath (Notary Public) BP -6 23C-16 23C-17 JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 21th day of October 2015 by Eric Alvarez - President of Roadway Engineering proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. SOCORRO ALVAREZ �OmmIa510fl # 2()88001 `z - s Notary Public - California '' San Bernardino County r Comm. Ex Tres Apr 27, 2018 Signature U (Seal) ----------------- OPTIONAL INFORMATION INSTRUCTIONS The wowing afaliJumts completedfn Califomfa after January 1, 2013 must be fn the Porm as setPodh within this Jurat Thera aro no exceptions. Ifo Jurat to be completed does not fallow this farm, the notary mustcomectlhe verbiage by using ajuratslamp containing the correct wording of attaching a separate jurat form such as this one with does contain the proper wording, In addition, the notary must require an oath or affirmation from the DESCRIPTION OF THE ATTACHED DOCUMENT document signer regarding the truthfulness of the contents of the document. The Ownership Affidavit document must be signed AFTER the oath or afrrmadar. lithe document was pmvlously ID signed, it mustbe m4tinedin front of the nobsypublic during thejmatprocess, (Title or description of attached document) • State and county information must be the stateand county where the IT& or description of attached document continued) document signer(s) personally appeared before the notary public. - • Date of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process is 10/21(15 completed. Numbefof Pages Document Date • Print the name(s) of the document signer(s) who personally appear at - the time of notarization. • Signature of the notary public must match the signature on file with the Additional information Was of the county clerk. • The notary seal Impression must be Gear and photographically - reproducible. Impression must not covertext or lines. If seal Impression smudges, re -seal if a sufficient area permits, otherwise complete a different jurat form. Additional information Is not required but could help to ensure this jurat Is not misused or attached to a different document. +° Indicate title or type of attached document, number of pages and dale. • Securely attach this document to the signed document with a staple. 2015 Version www.NoteiyC]asses.com 000-87&0885 23C-17 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6456 MORRISON PARK PARKING LOT LOW IMPACT DEVELOPMENT (LID) IMPROVEMENTS BID BOND KNOW ALL PRESENT that, Roadway Engineering & Contracting Inc. , as BIDDER, and Philadelphia Indemnity Insurance Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten percent of amount bid Dollars ($ IQ% ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this _-19th day of--,_ October 2015 . BIDDER* Roadway Engineering & Contracting, Inc. SURETY* Philddorphia Indemnity Insurance Company 259 S. Lake Ave. Suite 360 Pasadena CA 91101 Phone: (626)639-1321 Alliant Insurance Services,,, Inc. 735 to Subscribed and sworn to before me 20_ Signature: Notary Public in and for the County of Drive, 200, San Bernardino, CAI92408 Phone: Ida 9)886-9861 y of , State of *Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone member df authorized representative. BP -7 23C-18 PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer corrlpieting this ce tificate verifiea Only the identity of the individual who signed the document to which this cert ificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California County of Riverside ) On 10/21/15 before me, Socorro Alvarez ere need name and title of the o car personally appeared, Eric Alvarez who proved to me on the basis of satisfactory evidence to be the persona) whose name(&)Is are subscribed to the within instrument and acknowledged to me that I&she/they executed the same in ' her/their authorized capacity(ies), and that by Rt her/their signature(s) on the instrument the person(e), or the entity upon behalf of w ich the personl 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. SOCORRO ALVARE2 � WITNESS my hand and official seal, Cnmmisslons206300 9 -* Notary Public • California San Bernardino County M� Comm.EExpirennAp�`2oi8 t Signature 1 (Seal) DESCRIPTION OF THE ATTACHED DOCUMENT Bid Bond (Title or desci-Mon of attached document) (Title or description of attached document continued) Number of Pages— Document Date 10/19/15 CAPACITY CLAIMED BY THE SIGNER CJ Individual (s) O Corporate Officer President Secretary, Treasurer (Title) ❑ Partner(s) ❑ Attorney -in -Fact L7 Trustee(s) ❑ Other 2015 Version www.NotaryClaeses.corn 800.873.9865 :)N INSTRUCTIONS FOR COMPLETING TITISFORM Thlsjornt emmplles uiith nnren[Callfmoia slndutes regnrdnug nofary mm•dhtg tune if created, should be completed and attached to the dacauuerrt. Acknohvedgeara ftvm other stares may he cmnpl&red far docranents being sent to that state so long as the warding rices vat require the California notary to violate Calybrnia natary tate. • State and Comity information must be the State and County where the document signar(s) personally appeared before the notary public for acknowledgment, • Date of notarization must be the dare that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public), • ASin the cornets) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural Pones by crossing off incorrect forms (i,e_ belshelthey; is /an ) or ehnling the correct forms, Failure to Cori early latticed this information may lead to rejection ardocument recording. • The notary stud impression must be clear and photographically reproducible, Impression must not cover text orlinrs. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment farm, • Signature of the notary public must match the signature on file with the office of the county clerk. Additional infomration is not required but could help to ensure this acknowledgment is not misused or attached to a different document, Indicate tithe or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate tire title (i.e. CEO, CFO, Secretary). • Secondly attach this document m the signed document with a staple. 23C-19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ` S5. County of San Bernardino /) On October 19. 2015 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Nolary Public") personally appeared Pamela McCarthy Narrate) of Slgner(s) +T"'^l CYNTHIA J. YOUNG Commission # 1982442 Fir ,fj,/qNa ary Public- Callfornu z �,� San Bernardino County n �.,,„ Y,s„CCo Expires Jul 15, 2016 who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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 WITNE,S my hand and offid I seal. Signal got NalatOulalo OPTIONAL Though the information below Is not required by lam, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: _ Capacity(les) Claimed by Signer(s) Signer's Nam ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ® General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: 23C-20 1984 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite WE Ball Cymvyd, PA 19004-0930 Power ol'.Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the CommomvealCh of Pennsylvania, does hereby constitute and appoint JAY P. FREEMAN, PAMELA MCCARTHY, CYNTHIA J. YOUNG AND LAURIE B_ DRUCK OF ALLIANT INSURANCE SERVICES, INC., its into and Irl Attorney -no -tact with fall authority to Monte On its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed .4'25 000,000.00. This Power of ARorney is granted and is signed and sealed by facsimile under and by the authority of the Following Resolution adopted by Cite Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY ata meeting duly called the I" day of July, 2011. RESOLVED: That [he Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Adornoy(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in Elie nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revolve the authority given. And, be it FURTHER RESOLVED: That the sigmaure$ of such officers and the soul of the Company may be affixed to any such Powor of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any build or undertaking to which it is attached. IN TEISTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INS'T'RUMENT 0 BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 10"' DAY OF JUNE 2013. h'.M10.1 1927 (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 10"'day of hue 2013, before me came the individual who executed the preceding instrument, to me I Nryonally known, and bei ig by me dulyawoni said that he is the therein described and authorized officer orthe PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company, that the said Corporate Seal and his signature were duly affixed. ONMALTHOPPENNSYLVATIM KeneMy IN. giery Pu611c loannSAa'NMr/4wnY M CPTrttl3aecW, 206 Nuteaywarnvunr.e�Focuna, F vacs Notary Public: residing at: Bala Cvnwyd. PA (Notary Seal) My commission expirest December 13. 2016 I, Edward Savona, Corporate Secretary of P] ITADELPHIA INDEMNITY fNSURANCE COMPANY, do herby certiry that the foregoing resolution of the Board of Directors and this Power of Anorney issued pursuant ChereCe on this I0T" day of June 2013 into and correct and are still in full force and effect. Ido further certify that Robert D. O'Learv.fr, who executed rhe Powor of Attorney as President, was on the date ofexacutiou oFthe attached Power o['Attorney the duly elected President of PHILADELPNIAINDENINITY INSURANCE COMPANY_ hi Testinrniy Whcreof I have subscribed my name and affixed the hn sirmle seal ofeach Company this ( 7 day- o42C*L 'o�-20 % < s ✓'c f Edward Savage, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 23C-21 23C-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED Address/House Recommended nded HISTORIC PROPERTY PRESERVATION El As Amended AGREEMENTS {STRATEGIC PLAN NOS. ❑ Ordinance on 1"Reading 5, 2; 5, 3 } ElOrdinance on 2nd Reading ❑ Implementing Resolution 2713 N. Lowell Lane ❑ Set Public Hearing For K i 4 CITY MAN ER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the below -referenced property owners for the identified structures, subject to non -substantive changes approved by the City Manager and City Attorney. Property Owner(s) Historic Address/House Recommended Property Approval Date/ Preservation Vote by HRC A mt. No. Michelle Gullion 2014-46 2713 N. Lowell Lane 11/5/15 (Hensley & Kay House 9:0 Masami & Machiko Koyama 2015-07 2612 N. Flower Street 11/5/15 (Roehm House) 7:0:2 (Tardif, Verino abstained) Peter & Victoria Henson 2015-14 537 W. Santa Clara Avenue 11/5/15 Moore House 9:0 Xiao Yue Wei 2015-15 930 S. Broadway 11/5/15 (Hewitt House) 7:0:2 (Tardif, Verino abstained Harvey & Andrea Marco 2015-16 1023 N. Olive Street 11/5/15 Richardson House 9:0 Victoria Bernstein 2015-17 528 W. Santa Clara Avenue 11/5/15 Russell House 9:0 James Simon 2015-18 2502 N. French Street 11/5/15 Brown House 9:0 Alejandro Martinez & Summer 2015 19 2204 N. Ross Street 11/5/15 Taylor Kin House 9:0 25A-1 Historic Property Preservation Agreements December 1, 2015 Page 2 - Patrick & Lisha Flavin 2015-20 2436 N. Riverside Drive 11/5/15 (Ault House) 7:0:2 (Tardif, Verino abstained Jaco & Amanda Broekhuizen 2015-21 1810 N. Greenleaf Street 11/5/15 (Greenwalk Casazza House) 7:0:2 (Tardif, Verino abstained Lee & Leeta Wilhite 2015-22 2002 N. Victoria Drive 11/5/15 (Park/St. Jaques House) 7:0:2 (Tardif, Verino abstained Reginald Durant & Lori Whalen 2015-23 1308 N. Baker Street 11/5/15 (Axeworthy House) 7:0 (Tardif, Verino abstained Ashley Phillips & Brandon Blanke 2015-24 2421 N. Heliotrope Drive 11/5/15 (Reid House) 8:0 (McLoughlin abstained) Marty McNamara/McNamara 2015-25 1816 N. Ross Street 11/5/15 Family Trust Coe House 9:0 Joseph Gerda Jr. & Kim Payne 2015-26 2215 N. Ross Street 11/5/15 S ruance House 9:0 HISTORIC RESOURCES COMMISSION ACTION On November 5, 2015, the Historic Resources Commission recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the identified property owners for the historic structures, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction allowing the property owner to reinvest the tax savings into the maintenance of the historic property (Exhibit A). Additionally, the agreement prevents inappropriate alterations to the historic structures (Exhibits B1 -B15). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability) and Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 25A-2 Historic Property Preservation Agreements December 1, 2015 Page 3 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated amounts annually noted below, for a period of not less than ten years. HPPA No. 2014-46 $88.34 to $441.68 HPPA No. 2015-07 $121.78 to $608.91 2713 N. Lowell Lane Exhibit B1 2612 N. Flower St. Exhibit B2 HPPA No. 2015-14 $165.75 to $828.76 HPPA No. 2015-15 $163.92 to $819.60 537 W. Santa Clara Ave. Exhibit B3 930 S. Broadway Exhibit B4 HPPA No. 2015-16 $45.36 to $476.82 HPPA No. 2015-17 $136.77 to $683.87 1023 N. Olive St. Exhibit B5 528 W. Santa Clara Ave. Exhibit B6 HPPA No. 2015-18 $134.72 to $673.59 HPPA No. 2015-19 $180.76 to $903.82 2502 N. French St. Exhibit B7 2204 N. Ross St. Exhibit B8 HPPA No. 2015-20 $156.48 to $782.40 HPPA No. 2015-21 $170.67 to $853.35 2436 N. Riverside Dr. Exhibit B9 1810 N. Greenleaf St. Exhibit B10 HPPA No. 2015-22 $207.95 to $1039.74 HPPA No. 2015-23 $96.77 to $483.83 2002 N. Victoria Dr. Exhibit B11 1308 N. Baker St. Exhibit B12 HPPA No. 2015-24 $128.81 to $644.05 HPPA No. 2015-25 $133.62 to $688.08 2421 N. Heliotrope Dr. Exhibit B13 1816 N. Ross St. Exhibit B14 HPPA No. 2015-26 $101.24 to $506.18 2215 N. Ross St. Exhibit 615 ;Y -Hassan HagWani, At P Executive Director Planning & Building Agency HS:rb hs\historic info\mills act agreementsUlis Act Agmts 12-01-15.cc APPROVED AS TO FUNDS AND ACCOUNTS: �L Francisco Gutierrez Executive Director Finance & Management Services Agency`' Exhibits: A. Mills Act Agreement Template B1 -B15. Historic Resources Commission Staff Reports 25A-3 25A-4 HILLS ACTAGREEMENT Address Santa Ana, CA 9270 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Cleric 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement') is made and entered into this Date by and between the City of Santa Ana of California (hereinafter referred to as "City"), Property Orvner(s) (hereinafter referred to as "Owner"), owner of real property located at Address Santa Ana, California, 9270_ 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 at Address_, Santa Ana, California, 9270_ 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 Historic 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 A -I- 25A-5 MILLSACTAGREEMENT Address Santa Ana, CA 9270 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 I 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 Term of Agreement. This Agreement shall be effective and commence on this Date (Effective Date), and shall remain in effect for a tern of ten (10) years thereafter (Term). 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 dans 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 Terni 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: -'- 25A-6 MCLLSACTAGREEMENT Address Santa Axa, CA 9270 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 Historic Property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit C and incorporated herein by reference. Owners 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 Owners shall not be permitted to block the view corridor to the Historic Property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the Historic Property 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. C. Owners 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's compliance with the terns and provisions of this Agreement. 4. Furnishing of Information. The Owners 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- 25A-7 MILLSACTAGREEMENT Address Santa Ann, CA 9270_ 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 Owners have breached any of the conditions of this Agreement, or have allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve mid one- half (12 'h) 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 eathquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the stricture will have been destroyed. No fee shall be imposed in the case of destruction by acts of God, force majeure, or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council detennines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and rio fee imposed, as specified in Govermnent 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, alder the provisions to cancel the Agreement by the Owners, 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 City Manager 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 Owners), then the City may, without further notice, declare a default tinder the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owners 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 25A -8 MILLSACTACREEMENT Address Santa Ano, CA 9270 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 Address Santa Ana, California, 9270_, Assessor Parcel Niunber, at A.P. No. , 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 rurming with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the Historic Property. 9. Notice. Any notice required by the terns 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 Owners: Provera Owner(s) Address Santa Ana, California, 9270 -5- 25A-9 MILLS ACTAGREEMENT Address Santa Ana, CA 9270_, 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any panty 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 parry 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. hi 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, with venue in Orange County. -6- 25A-10 MILLSACTAGREEMENT Address Santa Ana, CA 9270 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 this Agreement, the Owner or agent of Owner shall provide written notice of this Agreement to the State 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. _7- 25A-11 MILLSACTAGREEMENT Address Santa Ana, CA 9270 In witness whereof, the Parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Cleric of the Council OWNER Date: CITE' OF SANTA ANA DAVID CAVAZOS City Manager Property Owner(s) Property Owner(s) APPROVED AS TO FORM: SONIA CARVALHO City Attomey Lisa E. Storcic Assistant City Attorney -8- 25A-12 MILLSACTACREEMENT Address Santa Ana, CA 9270 Exhibit A Legal Descrlptlon filed in the Office of the County Recorder of Orange County. Assessor's Parcel Number; A. P. Number -9- 25A-13 MILLS ACT AGREEMENT Address Santa Ana, CA 9270_ 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. 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 -10- 25A-14 MILLS ACT AGREEMENT Address Santa Ana, CA 9270 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 figure, the essential form and integrity of the structure would be unimpaired. -tr- 25A-15 MILLS ACT AGREEMENT Address Santa Ana, CA 9270_ Exhibit C (photographs attached) Photograph of Property Front elevation -12- 25A-1 6 12_25A-16 REQUEST FOR Histotic e Resourcesa e RESOURCESHISTORIC i i) R TITLE; PUBLIC HEARING – HISTORIC RESOURCES COMMISSION APPLICATION NO. 2014-32, HISTORIC REGISTER CATEGORIZATION NO. 2014-33, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2014-46 FOR PROPERTY LOCATED AT 2713 NORTH LOWELL LANE {STRATEGIC PLAN NOS. 5,2; 5,3} Prepared by Hall Sob olesIke. – — xe e Director _.___.....` HISTORIC RESOURCES COMMISSION SECRETARY APPROVED • As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Acting Pjaii Ing Manager 1. Adopt a resolution approving Historic Resources Commission Application No. 2014-32 and Historic Register Categorization No. 2014-33. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Michelle Gullion, subject to non -substantive changes approved by the City Manager and City Attorney. Request of Applicant Michelle Gullion is requesting approval to designate an existing residence located at 2713 North Lowell Lane to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property consists of a 2,436 square foot single -story Ranch style residence with attached garage on an 8,112 square foot residential lot located on Lowell Lane between Sherwin and Memory Lanes (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical 4:4:1IIVi� HRCA No. 2014-32, HRC No. 2014-33 HPPA No. 2014-46 November 5, 2015 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Sion 30-2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Hensley and Kay House, has distinctive architectural features of the Ranch style of architecture, and was built in 1956 by Hensley and Kay. Character defining features of the Hensley and Kay House that should be preserved include, but may not be limited to, materials and finishes (stucco and texture, and wood siding); roof configuration and open rafter tails; wood windows, and architectural details such as the attached garage and decorative lathed porch supports (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it is a good example of period architecture. Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property 25A-18 HRCA No. 2014-32, HRC No. 2014-33 HPPA No. 2014-46 November 5, 2015 Page 3 Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Morrison -Eldridge Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Morrison -Eldridge Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015-98 will be filed for this project. Strateglc Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Hally Sq#bleske Associate Planner HS:jm WHlsloric U051 105 HRC\hraa14-32 hm14-33 hppa14-46.hm Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25A-19 500' RADIUS HRCA-2014-32, HRC -2014-33, HPPA-2014-46 2713 North Lowell Lane PLANNING AND BUILDING AGENCY EXHIBIT I 25A-20 EXECUTIVE SUMMARY HENSLEY & KAY HOUSE 2713 North Lowell Lane Santa Ana. CA 92706 NAME Hensley & Kay House REF. NO, ADDRESS 2713 North Lowell Lane CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1956 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 0 Historic ❑ Both ARCHITECTURAL STYLE: Ranch Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s, The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor Integration, While the style includes several variants, a basic set of character -defining features applies to most examples. in form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, artstone, and wood shake roofs, Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The Hensley & Kay House qualifles for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Ranch style of architecture, Additionally, the house has been categorized as "Contributive" because it "is a good example of period architecture" as an intact and example of the Ranch style in the Morrison -Eldridge Park neighborhood. (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series it 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 S, 2003.) SBI: Individual property that is listed or designated locally. EXHIBIT 2 PaM-2 1 State of California—The Resources Agency Prir DEPARTMENT OF PARKS AND RECREATION HRI PRIMARY RECORD Trir NRHP Status Coda Other Listings Review Code Reviewer Date a names) or number (assigned by recorder) Hensley & Kay House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2713 North Lowell Lane City Santa Ana Zip 92706 *a. Other Locational Data: Assessor's Parcel Number: 002-284-03 Tract; 2089 Lot: 2.4 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Hensley & Kay House is a very good example of the Ranch style of architecture. The house is clad in a combination of wide clapboard siding, board and batten, as well as some stucco. It is capped by asphalt shingle roofing material. It is "L" shaped in plan with the attached garage taking access from Sherwin Avenue. The structure has a broad front porch with decorative wood brackets supporting the porch roof. The front fagade has two dormered bow windows with faux heavy beams beneath them. All the windows are composed of wood in a diamond muntin pattern. The roofline has both exposed and closed eaves. A used brick chimney rises above the roofline towards the back of the house. The front porch has a single concrete step leading to the front entry, which is tucked under the roofline. The property has recently converted its landscape to drought tolerant planting material, and the property is in excellent condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object 0Site ❑District ❑Element of District ❑Other *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. P5b. Photo: (view and date) West facing elevation August 2015 *P6. Date Constructed/Age and Sources: ■historic 1956/City of Santa Ana Building Permits *P7. Owner and Address: Michelle Guilion 2713 North Lowell Lane Santa Ana, CA 92706 *P8. Recorded by: Hally Soboleske 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *Pg. Date Recorded: November 5, 2015 *P10, Survey Type: Intensive Survey Update *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet .Building, Structure, and Object Record OArchaeological Record ❑District Record 01-Inear Feature Record ❑Milling Station Record ❑Rocl( Art Record OArtifact Record ❑Photograph Record ❑ Other (list; DPR 523A (1195) Page 2 of 5 25A-22 *Required Information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of A "CHR Status Code "FieeoUrce Name or it: Hensrey S nay House B1. Historic Name: Hensley & Kay House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *85. Architectural Style: Ranch *66. Construction History: (Construction date, alterations, and date of alterations): Constructed 1956 January 3, 1956. 7 room residence and garage. $14,000. September 20, 1988. Reroof: *87. Moved? III UYes ❑Unknown Date: Original Location: *136. Related Features: None. Bga. Architect: Unknown b. Builder: Hensley & Kay *B10, Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1695-1965 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 Hensley & Kay House Is architecturally significant for Its Ranch style and horizontal massing. The home was constructed by Ed L. Hensley & Guy Leslie Kay. Mr. Hensley was a builder and Mr. Kay was a physician looking to Invest in a speculative venture. The first known owners are C. Harold and Margaret Jenkins. Mr, Jenkins was a teacher who was born in Tulare, California in 1917. The Bruce and Camille McIver purchased the home in 1988 where they raised two sons, Charles and Ronald. The house was sold upon their divorce in 1994, and the house changed hands a few more times after this time. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *812. 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: November 5, 2015 DPR 523B (1/95) *810. Significance (continued): Page 3 of 5 25A-23 Sketch Map J` Porrgoamtix i sow 2713 North Lowell Lane v 002-284-03 p O t7 S i O U ,IT mnm , cm) .. __Lt 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) Hensley a Kay douse *Recorded by H. Soboleske *Date November 5, 2015 M Continuation 13 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 on 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 Hensley & Kay House is located in MorNson-Eldridge Park (formerly known as Fallbrook Park until 1998). The area is bound by Fallbrook Drive to the north, Farmer's Drive to the east, Park Lane to the south, and as far as Bristol Street to the west. Morrison Park Is named after Judge Kenneth Morrison who cared deeply about local issues. Morrison Park added the Eldridge name in 1996 after Colonel William W Eldridge, a long time Santa Ana resident whose house stood on the land that is now Morrison Park. He was a highly decorated Marine pilot in WWii who also received the Navy Cross following his shooting down four Japanese planes in Okinawa, Morrison -Eldridge Park was once nearly all orange and walnut groves until the 1950's saw new residential development come to the area. It's most famous resident, Douglas "Wrong Wad" Corr) an for whom Corrigan Street is now named. In 1938, Corrigan, a pilot, filed a flight plan to go from New York to Long Beach, but ended up in Ireland. He claimed it was a navigational error. However, he had previously been denied permission to make a transatlantic flight. The "wrong way" gimmick was his way of getting around the rules. He moved to Santa Ana in 1950, purchasing a home and an orange grove. The Hensley & Kay House qualifies for listing In the Santa Ana Register of Historical Properties under Criterion 3 because it embodies the distinctive characteristics of the Rench style. Typical features of the Ranch style of architecture include the building's wide horizontal massing, large picture windows designed to bring the outdoors "into" the living space, and natural materials used in cladding. Additionally, the house has been categorized as "Contributive" because it a god example of period architecture. Character -defining exterior features of the Hensley & Kay House that should be preserved include, but may not be limited to, materials and finishes (wood siding); roof configuration and open rafter tails; wood windows, and architectural details such as the attached garage and decorative lathed porch supports. Page 4 of 5 OPR 523E 25A-24 State of California— The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET "Recorded by H. Soboleske 812. References (continued): Primary If HRI If Trinomial or # (Assigned by recorder) Hensley & Kay House *Date November 5, 2015 IR Continuation ❑ Update Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. W New York, W Norton, 1998, Marsh, Diann, Santa Ana, An Illustrated Histo. 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. Whitten, Marcus, American Architecture Since 1780. Cambridge: MIT Press, 1969. 'Alison Honer Dies at 84," The Santa Ana Journal. September 21, 1981, "Builder of Honer Plaza Dies," Orange County Register September 15, 1981. "History of Floral Park." htt *Ilwww.floraI-uark.coml ageZhtmL Santa Ana and Orange County Directories, 1937-1978, Page 5 of 5 DPR 523L 25A-25 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 8103 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO, 2014-32 TO PLACE THE PROPERTY LOCATED AT 2713 NORTH LOWELL LANE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO, 2014-33 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 5, 2015, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2014-32) and categorization (Historic Resources Commission Categorization No. 2014-33) of the Hensley and Kay House, located at 2713 North Lowell Lane, Santa Ana. B. The Hensley and Kay House has distinctive architectural features of the Ranch style or architecture, and was built in 1956 by Hensley and Kay. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive because it is "a good example of period architecture." Character -defining features of the Hensley and Kay House that should be preserved include, but may not be limited to: materials and finishes (wood siding); roof configuration and open rafter tails; wood windows, and architectural details such as the attached garage and decorative lathed porch supports. D. The legal owner of the subject property is Michelle Gullion. E. The legal description forthe subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. Resolution No. 2015 -XXX 25A-26 Page 1 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015-98 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2014-32 to place the Hensley and Kay House, located at 2713 North Lowell Lane, Santa Ana, on the historical register, and B. Historic Register Categorization No. 2014-33 placing the Hensley and Kay House, located at 2713 North Lowell Lane, Santa Ana, within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description;" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description," is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 5th day of November, 2015. Alberta Christy Chairperson Resolution No. 2015 -XXX 25A-27 Paye 2 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission mem NOES: Commission members ABSTAIN: Commission NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 5, 2015. Date: Commission Secretary City of Santa Ana 25A-28 Resolution No. 2015 -XXX Page 3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 t 'a APN Address Owner Names Legal Description 002-284-03 2713 North Lowell Lane Michelle Gullion N TR 2089 LOT 24 Exhibit A Resolution No. 2015 -XXX Page 4 of 4 25A-29 25A-30 REQUEST FOR Historic Resources Commission Action NOVEMBER 5, 2015 TITLE: �f nompl- HISTORIC t T r + Y lM I)lly HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015-07 FOR PROPERTY LOCATED AT 2612 NORTH FLOWER STREET (STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by Hally Soboleske f� Eecu i Director RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Acting P ann� Manager Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Masami and Machiko Koyama, subject to non -substantive changes approved by the City Manager and City Attorney. Request of Applicant Masami and Machiko Koyama are requesting approval to execute a Mills Act agreement with the City of Santa Ana for the property located at 2612 North Flower Street. Project Location and Site Description The subject property is known as the Roehm House and consists of a 1,617 square foot single -story Tudor style residence with attached garage on a 10,454 square foot residential lot located on Flower Street between Sharon Road and Memory Lane (Exhibit 1). It was designated to the Santa Ana Register of Historical properties in 2006 and was categorized as Contributive (Exhibit 2). Analysis ofi the Issues Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: EXHIBIT B2 25A-31 HPPA No. 2015-07 November 5, 2015 Page 2 • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property Upon consideration of the application, it is recommended that the Historic Resources Commission recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Masami and Machiko Koyama, subject to non -substantive changes approved by the City Manager and City Attorney. Strategic Ptan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Engagement & Sustainability, Objective No. 2 (expand opportunities for environmental sustainability) and Objective No. 3 (facilitate diverse housing support efforts to preserve and improve the livability of Santa Ana neighborhoods) Halry SobCbske Associate Planner HS:jm hslHistorlc InK15'1108 HRC\hppa18-07.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25A-32 Health, Livability, conservation and opportunities and HPPA-2015-07 2612 North Flower Street PLANNING AND BUILDING AGENCY bA-313 EXECU'T'IVE SUMMARY ROEHM HOUSE 2612 North Flower Street Santa Ana, CA 92706 NAME Roehm House REF. NO. ADDRESS 2612 North Flower Street CITY Santa Ana ZIP 1 92706 ORANQECOUNTY YEAR BLHLT 1928 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Morrison/Eldridge park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 1 3 CALIFORNIA REGISTER STATUS CODE I 5Sl Location: ❑ Not forPublicatlon ® Unrestricted ❑ Prehistoric 0 Historic d Both. ARCH ITECTURA.LSTYLE; English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls andgable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins., are roundedrather than pointed Windows are usually clustered in groups on the facade and are often multi -paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARYICQNCG.USICM The Roehm House qualities for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplirication of the distinguishing characteristics of the English Revival. style. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of the Morrison/Eldridge Park neighborhood and, as an intact and characteristic example of an English Revival style home, "is a good example of period architeetwe" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Reaister Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series #7, "How to Nominate Resources to the California Register of Historical Rosen roes," 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 25A-34 State of California—The Resources Agency Prin DEPARTMENT OF PARKS AND RECREATION HRI PRIMARY RECORD Trir NRHP Status Code—_-, Other Listings Review Code Reviewer Pi. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 0054 Date: *c, Address 2612 North Flower Streot City Santa Ana Zip 92706 *a. Other Locational Data: Assessor's Parcel Number 001-244-21 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one-story residence suggests the English Revival style through its roof configuration and use of stucco cladding. The primary, side -gabled roof is intersected on the south by a clipped gable and on the north by a smaller front gable. Projecting slightly from the north end of the clipped gable wing, the front -gabled entry opens directly onto a short flight of five steps. A decorative entry surround is topped by an arch embellished with a plasterwork design of cherubs and an urn. A band of five eight -fight casements, shaded by a canvas awning suspended by wrought iron rods, is centered on the facade south of the entry. Additional groupings of casement windows are located north of the entry. Clothed In ivy, the front -gabled wing contains a single, twelve -light window, also shaded by an awning. Additional features of this substantially Intact home include an attached chimney on the south elevation that is stucco -covered below the rooftine and brick above it, and tall, narrow, louvered vents In the gable ends. In good condition, the property also includes a comparably designed, front -gabled garage. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Elementof District ❑Other "P11. Report Citation: (Cite survey report and other soarces, m enter "none') None, P5b. Photo: (view and date) East and south elevations November2006 *P6. Date ConstruetedlAge and Sources: ■historic 192$/City of Santa Ana Building Permits *P7. Owner and Address: Patricia A. Girder 2612 N. Flower Street Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D. Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: December 1, 2006 *P10. Survey Type: Intensive Survey Update *Attachments: ONone ❑Location Map 08ketch Map ■Continuation Sheet ■Building, Structure, and Object Record [JArchaoological Record ❑District Record OLinear Feature Record ❑Milling Station Record CRock An Record Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information 25 i 'f 5 State of California— The Resources Agency Primary #_ DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page �2 of 4 "CHR Status Code 5SI 'Resource Name or p: R00nm House B1. Historic Name: Roehm House 132. Common Name: Same 63. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: English Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1928 April 27, 1928. Residence and garage, $5000. September 29, 1933. Repair chimney. November 1, 1944. Reroof. September 12, 2005. Reroof single family dwelling and detached garage, replace damage rafters, tearoff composition and install composition (32 squares). *Bi. Moved? NNo ❑Yes ❑Unknown Date: Original Location: *B8. Related Features: Garage. 89a, Architect: Unknown b. Builder: Unknown *1316. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: Circa 1917.1956 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 Roehm House is architecturally significant as an intact and representative example of an English Revival style residence and is historically notable as one of a handful orpre World War// homes in the Immediate vicinity. The house and garage were built in 1928 for Cornlsh Roehm, who occupied the house with his wife, Alice, until at (east 1962. 0 1929, Roehm was a policeman and also operated the Santa Ana Collie Kennels at this location. By 1934, Roahm was the County Constable. After his career in law enforcement, Roehm was the proprietor of the Orange Billiard Parlor in the city of Orange (1947) and the sport fishing at Seasport Lending in Newport Beach (1954). The 1962 directory noted that Roehm had retired. (See Continuation Sheet 3 of 4.) 811. Additional Resource Attributes: (List attributes and *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4) 813. Remarks: *814, Evaluator: Leslie J. Heumann *Data of Evaluation: December 1, 2006 (This space reserved for official comments-) DPR 5218 (1195) Page 3 of 5 25A-36 Sketch Map 'LA § O fi ,,, `� C � 5 m C OLIVE s 1 � N40N N .n 0 _- 2612 N. Flower Street 091-244.21 x L c FLOWER "Required Information State of California— The Resources Agency Primary # - DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial KesOUPCe Name or S (Assigned by recorder) Hoenm House J. Heurnann and Deborah Howell-Ardila *Date December 1, 2006 © Continuation C1 Update *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant (mown as Rancho Santiago do 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 around the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Roahm House is located in north Santa Ana, In the MorrisonlEldridge, Parkneighborhood. An irregularly shaped area straddling North Flower Street, MorrisonlEldridge Park 1s bounded by the Garden Grove (22) and the Santa Ana (5) freeways on the north and east, Sharon Road and Memory Lane on the south, and North Bristol Street on the west. With the primary exception of the 2600 block of North Flower Street, this area remained unsubdivided and presumably agricultural through World War It. According to the city directories and early maps, North Flower ended at Seventeenth Street until around 1915, when six homes were noted north of Seventeenth, including three north of Santiago Creek. By 1020, there were nine homes, Including one (2610, tater numbered 2620), In what would become the MorrisonlEldridge Park neighborhood. Construction of three additional homes on the 2600 block occurred between 1925 and 1930. Beginning with a handful of homes constructed on newly told out streets in the first few years of the 1950s, the area exploded In the mid 1950s with the building of tracts of homes In the California Ranch style. Home building in the neighborhood tapered off in the 1960s and ended around 1972. The Roehm House qualifies for lista ig in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Typical stylistic features illustrated by the house Include its mull -gabled roof of moderately steep pitch, use of an arch motif at the entry, and incorporation of multi -light casement windows, Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history"of the MorrisonlEldridge Park neighborhood and, as an intact and characteristic example of an English Revival style home, "is a good example of period architecture." Character -defining exterior features of the Roohm House that should be preserved include, but may not be limited to, materials and finishes (stucco, plaster, brick); roof configuration and detailing; massing; original windows and doors and their surrounds where extant; entry; chimney; and architectural details such as the entry surround and attic vents. *612. References (continued): Harris, Cyril M. American Architecture: An lllustratad Enevctouedia. 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 DCr National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation.. `Instructions for Recording Historical Resources. " Sacramento: March 1995. Whkfon, Marcus. Ar ercan Architecture Since 1760. Cambridge; MITWess, 1969. Orange County Plat Maps, 1912, Thomas Brothers Maps of Orange County, 1957, 1964, and 1969. Santa Ana and Orange County Directories, 1905-1962. DPR 5231, Page 4 of 5 25A-37 State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial by Leslie J. Neumann and Deborah P5b. Photo: Garage and north elevation, November 2006 or # (Assigned by recorder) Menm house *Date December f, 2006 © Continuation ❑ Update DPR 523L Page 5 of 5 25A-38 REQUEST FOR HSTORIC RESOURCES COMM" MEUM DATE: NOVEMBER 5, 2015 TITLEn Ot t3// Y - SSMSECRETARYHISTORIC RESOURCES COMMIS PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015-13, HISTORIC REGISTER CATEGORIZATION NO. 2015-13, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015.14 FOR PROPERTY LOCATED AT 537 WEST SANTA CLARA AVENUE (STRATEGIC PLAN NOS. 5, 2; 5,3) Prepared by Halms Soboleske APPROVED • As Recommended © As Amended ❑ Set Public Hearing For CONTINUED TO E ecutir Director — AcgPla king Manager 1. Adopt a resolution approving Historic Resources Commission Application No. 2015-13 and Historic Register Categorization No. 2015-13. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Peter and Victoria Henson, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant Peter and Victoria Henson are requesting approval to designate an existing residence located at 537 West Santa Clara Avenue to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Proiect Location and Site Description The subject property consists of a 1,929 detached garage on a 10,890 square Greenleaf and Ross Streets (Exhibit 1). Analysis of the Issues Historical Listing square foot, single -story Colonial Revival style residence and foot residential lot located on Santa Clara Avenue between In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B3 25A-39 HRCA No. 2015-13, HRC No. 2015-13 HPPA No, 2015-14 November 5, 2015 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Moore House, has distinctive architectural features of the Colonial Revival style, and was built in 1941 by Allison Honer, prolific builder in the Santa Ana area. Character defining features of the Moore House that should be preserved include, but may not be limited to, materials and finishes (stucco, and asphalt shingles), horizontal roof configuration and detailing; six - over -six windows and the fenestration pattern, recessed entry, and sidelights (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it is a good example of period architecture. Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: Long term preservation of the property and visual improvement to the neighborhood a Allows for a mechanism to provide for property rehabilitation B Provides additional incentive for potential buyers to purchase historic structures Discourages inappropriate alternations to the property 25A-40 HRCA No. 2015-13, HRC No. 2015-13 HPPA No. 2015-14 November 5, 2015 Page 3 Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015-103 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Hal y So66leske Associate Planner HS:jm h6AHistorto InfoVl511p5 HRCAhrca15-13 hrel5-13 hppa15-1A,hro Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25A-41 HRCA-2015-13, HRC -2015-13, HPPA-2015-14 537 West Santa Clara Avenue PLANNING AND BUILDING AGENCY 15Ag 42 EXECUTIVE SUMMARY MOORE HOUSE 537 West Santa Clara Santa Ana CA 92706 NAME Moore House REF. NO. ADDRESS 537 West Santa Clara CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1941 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT" N/A NEIGHBORHOOD Floral Parl< CALIFORNIA REGISTER CRITERIA FOR EVALUATION 55 CALIFORNIA REGISTER STATUS CODE i 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; 331.332). SUMMARY/CONCLUSION: The Moore House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its 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 "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Reaister 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.) SS Individual property that is designated locally • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) SSI: Individual property that is listed or designated locally. EXHIBIT 2 Pa e1of6 2�5A-43 State of California—The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code___ e name(s) or number (� HRI # _ Trinomial NRNP Status Code Reviewer by recorder) P1. Other Identifier: *P2. Location: ONot for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date; *c. Address 537 West Santa Clara City Santa Ana Zip 92706 *a. Other Locational Data: Assessor's Parcel Number 002.123-13 Tract: 761 Lot: Per. 3 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This single -story residence Is designed in the Colonial Revival style of architecture. Rectangularin plan, the front fagade is horizontal and flat other than a recessed front entry. The building is sheathed in stucco and capped with asphalt shingles. Fenestration patterns are typical of the Colonial Revival style and fairly symmetrical with wood windows in a six -over -six pattern. Shutters flank each window. A wide rectangular brick chimney sits squarely between two of these windows and rises above the roofline. The recessed front entry has a six -paneled original door and is straddled by two sidelights, each with three lights. The landscape surrounding the property is lush and mature and has a large tree planted in the front yard. The front yard is broad and enclosed by Jeffersontan style fencing. The quarter acre property is In excellent condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property W. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) South facing elevation August 2015 *P6. Date Constructed/Age and Sources: ■historic 194?/City of Santa Ana Building Permits *P7. Owner and Address: Victoria Henson 537 West Santa Clara Avenue Santa Ana, CA 92706 *P8. Recorded by: H. Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *139. Date Recorded: November 5, 2015 *P16. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *Attachments Mone ❑Location Map OSketch Map ■Continuation Sheet ®Building, Structure, and Object Record ❑Archaeological Record ODistrict Record ❑Linear Feature Record ❑Milling Station Record ORock Art Record OArtifact Record ❑Photograph Record 0 Other (list) DPR 523A. (1195) Page 2 of 5 25A-44 *Required information State of California—The Resources Agency Primary#— DEPARTMENT bF PARKS AND RECREATION BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 '1105ource Name oriF: Moore House B1. Historic Name: Moore House B2. Common Name: Same B3. Original Use: Single-family Residence *85. Architectural Style: Colonial Revival B4. Present Use: Single-family Residence *86. Construction History: (Construction date, alterations, and date of alterations): Constructed 1941 November 7, 1941. 6 room residence and garage by Allison Honer. $6,000. May 1, 1956. One fixture for F.E. Moore. December 11, 1989. Reroof. *B7. Moved? ■No ❑Yes nUnknown Date: Original Location: *88. Related Features: None. 139a. Architect; Unknown b. Builder: Allison Honer. *B16. Sighificance; Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1985 Property Type: Single-family Residence Applicable Criteria: NR: C; CR; 5 (Discuss Importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Moore House is architecturally significant for its Colonial Revival styling. According to the original building permit, Allison Honer, noted builder and developer in Santa Ana, as a speculative venture, built the home. Mr. Honer had offices In the downtown at 103 East Third Street. The house did not sell quickly however, and Mr. Honer held an Open House in February of 1942, The first owners of record were Frank Efens and Lufa Moore In 1945 that originally hailed from Texas and moved to Tustin by 1942. The Moore's were active in the Ebell and Shriner Clubs, and Mr. Moore's occupation was listed as'ranrher`. They had one daughter, Rowena, who married in 1933, The Moore's lived in the home until at least 1954 and Mr. Moore still listed his occupation as rancher, (See Continuation Sheet 3 of 4.) 811. Additional Resource Attributes: (List attributes and *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *1314. Evaluator: Hally Soboleske *Date of Evaluation: November 5, 2015 DPR 5238 (1195) (This space reserved for official comments.) Page 3 0 25A -4v State of California—The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET 'Recorded by H. Soboleske 'BID. Significance (continued); Primary # HRi It, Trinomial or # (Assigned by recorder) Moore House "Date November 5, 2015 ® Continuation D 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 on 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 Moore 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 majorportion 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"(0ranoe Coin Re ig ster, 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 Re ister 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 pt oJects as the 1935 Art Deco -styled Old Santa Ana City Hall, the EI 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 II years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing In the Floral Park tradition, they were mostly revival in style. In the 1950s, tow, horizontal Ranch Style houses completed the growth of Floral Pari. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Moore House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 3 because it is a "good example of period architecture"in the Colonial Revival style and is therefore categorized as "Contributive': Character - defining exterior features of the Moore House that should be preserved Include, but may not be lirnitod to, materials and finishes (stucco, and asphalt shingles), horizontal roof configuration and detailing; six -over -six windows and the fenestration pattern, recessed entry, sidelights. DPR 523L Page 4 of 5 25A-46 State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION FIRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Moore House *Recorded by H. Soboleske *Date November 5, 2015 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 Histo v. 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, Pleasant$, Mrs. J. E. History of Orange County, California volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364-365. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969, 'Alison Honer Dies at 84, "The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza dies," Orange County Register, September 15, 1981. "History of Floral Park." hgg://wwwfloral-park,corrdpage2,titrrrL Santa Ana and Orange County Directories, 1937.1978. DPR seat. Page 5 of 5 25A-47 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015-13 TO PLACE THE PROPERTY LOCATED AT 537 WEST SANTA CLARA AVENUE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO, 2015-13 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 5, 2015, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2015-13) and categorization (Historic Resources Commission Categorization No. 2015-13) of the Moore House, located at 537 West Santa Clara Avenue, Santa Ana. B. The Moore House has distinctive architectural features of the Colonial Revival style, and was built in 1941 by Allison Honer. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive because it is "a good example of period architecture." D. Character -defining features of the Moore House that should be preserved include, but may not be limited to, materials and finishes (stucco, and asphalt shingles), horizontal roof configuration and detailing; six -over -six windows and the fenestration pattern, recessed entry, sidelights. E. The legal owners of the subject property are Peter and Victoria Henson. F. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. G. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. Resolution No, 2015 -XXX 25A-48 Page 1 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 H. The subject property Contributive category Municipal Code, meets the minimal standards for placement in the pursuant to Section 30-2.2(3) of the Santa Ana Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources, Categorical Exemption No. 2015-102 will be filed for this project, Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2015-13 to place the Moore House, located at 537 West Santa Clara Avenue, Santa Ana, on the historical register, and B. Historic Register Categorization No. 2015-13 placing the Moore House, located at 537 West Santa Clara Avenue, Santa Ana, within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4, For the subject property, a report entitled "Historical Property Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties, Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 5th day of November, 2015. Alberta Christy Chairperson 25A-49 Resolution No. 2015 -XXX Page 2 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission mem NOT PRESENT: Commission mem CERTIFICATE OF ATTESTATION AND ORIGINALITY f, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 5 2015. L� Commission Secretary City of Santa Ana Resolution No. 2015 -XXX 25A-50 Page 3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Ownsr Names Legal Description 002-123-13 537 West Santa Clara Peter and POTTS, BORDEN & Avenue Victoria Henson SIDWELL TR LOT 3 E 70 FT W 199.53FT N 157.5 FT S 217.5 FT Resolution No. 2015 -XXX Exhibit A Page 4 of 4 25A-51 25A-52 REQUEST FOR Historic Resources Commission Action HISMCRESOURCESCOMMMU4MEEnNGDATE, NOVEMBER 5, 2015 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO, 2015-15 FOR PROPERTY LOCATED AT 930 SOUTH BROADWAY (STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by Half Soboleske APPROVED ❑ As Recommended ❑ As Amended El Set Public Hearing For NW1111111INaj ecuti irector Acting P( re in Manager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Xiao Yue Wei subject to non -substantive changes approved by the City Manager and City Attorney. Request of Applicant Xiao Yue Wei is requesting approval to execute a Mills Act agreement with the City of Santa Ana for the property located at 930 South Broadway. Proiect Location and Site Description The subject property is known as the Hewitt House and consists of a 3,736 square foot three-story Queen Anne styled residence with detached garage on a 6,969 square foot residential lot located on Broadway between McFadden Avenue and Cubbon Street (Exhibit 1). It was designated to the Santa Ana Register of Historical properties in February of 2002 and was categorized as Landmark (Exhibit 2). Analysis of the Issues Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings. Aside from the tax savings, the benefits include: EXHIBIT B4 25A-53 HPPA No. 2015-15 November 5, 2015 Page 2 • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property Upon consideration of the application, it is recommended that the Historic Resources Commission recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Xiao Yue Wei, subject to non -substantive changes approved by the City Manager and City Attorney. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). HallySerio dleske Associate Planner HS:jm hslHistodc Info\i 81105 HMhppa15-Mhrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25A-54 500' RADIUS HPPA-2015-15 930 South Broadway PLANNING AND BUILDING AGENCY XA -f EXECUTIVE SUMMARY 13EWITT HOUSE 930 South Broadway Santa Ana, CA 92701 NAME FlewittHouse REF. NO, 48 ADDRESS 930 South Broadway CITY Santa Ana ZIP 927Q I ORANGi? COUNTY YEAR BUILT 1889 LOCAL REGISTER CATEGORY; Landmark STORICDISTRICT' N/A NEIGHBORHOOD Heninger Park LN'A'77UNAL ldEGIS'I:'E12. CRl'I'ERIA FUR EVALUA'TIUN $, C NATIONAL REU75TEld STA'T'US CODE 3S Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both. ARCHITECTURAL STYLE: Queen Anne (Late Victorian) The Queen Anne (Lute Victorian) (also known as tine Queen Anne Revival) dominated residential architectural design during the last twenty years of the nineteenth century in the West, and was nearly as influential on early commercial buildings. Identifying features include the front -facing gable roof; ornate decoration of wood or metal along the eave and in the gable end; avoidance of flat wall surfaces through the use of applied ornamentation of wood or metal; and classical columns or pilasters. Multi -storied residential and commercial examples often incorporated bay windows, sometimes topped with towers. The style borrowed heavily from. late Medieval models, with the addition of other regional interpretations. Some of the most well-developed examples can be found in California and in the southern states (McAlester, 263.268). .SUMMARY&ONCLUSIQN: Included in the Santa Ana Register of Historical Property, the llewitt house has been categorized as "Landmark" because the building "has a unique architectural significance" as an example of a Queen Anne (Late Victorian) country home (Municipal Code, Section 30- 22). EXPLANATION OF CODES: National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of F[istoric Preservation) B: that are associated with the lives of persons significant in our past. C1 that embody the distinctive characteristics oratype, period, or method of construction, or that represent the work ora 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) mn\InstadcUcmpinlcsVSroad,vay 5930 ES (FL,,,k (Howl EXHIBIT 'Ins -az Pagel of 4 25A-56 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Page _ 1 of -_ Resource name(s) or Primary HR) # Trinomial NRHP Status Code P1. Other Identifier: *P2. Location: ONot for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5° Quad TCA 2555 Date: *c. Address 930 South Broadway City Santa Ana Zip 92701 *e. Other LocationalData: Assessor's Parcel Number 010-232-16 Heningers 2"d Add Block: F Lot: 16 *P3a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This large, two and a half story, front gabled home is typical of the late nineteenth century vernacular Queen Anne (Late Victorian) that almost defies stylistic classification. The complex roof is both hipped and gabled, with gable ends finished in patterned shingles facing east and south. Each gable face contains a semi -circular opening bisected by a flat -headed double -hung sash with a projecting sill and ornamental apron. Corner brackets support the overhang of the roof above a decorative frieze that circles the house above the second story. Narrow shiplep siding covers the house, accented by a band of fish -scale shingles between the first and second floors on a two-story bay projecting from the south elevation. At the same height as the shingled band, the pent roof of a capacious, L-shaped porch wraps the southeast comer and east elevation of the house, Battered piers on high concrete pedestals make a strange contrast with the delicately pierced design of the porch frieze, suggesting that the supports were a modification. On the fagade, the piers define throe bays, with the central (Please sea Continuation Street 3 of 3.) *PSb. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: EBuilding OStructure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) South and east elevations July 2001 *P5. Date Constructed/Age and Sources: ■historic 1889/Source: Treasures *P7. Owner and Address: *P8. Recorded by: Leslie J. Houmann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: February 14, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") City of Santa Ana, Santa Aura's Historic Treasures, Les, Kathleen. "Historic Resources Inventory, 930 S. Broadway, "May 1980. *Attachments: ❑None dLacation Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Ad Record ❑Artifact Record OPhotograph Record ❑ Other (list) DPR 528A (1195) Page 2 of 4 25A-57 *Required information 1 w 7Yi.� ill j3 ,,. h r r I 5 tL � g J y [ `moi .1':.s"'1f71t'iry .r P5b. Photo: (view and date) South and east elevations July 2001 *P5. Date Constructed/Age and Sources: ■historic 1889/Source: Treasures *P7. Owner and Address: *P8. Recorded by: Leslie J. Houmann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: February 14, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") City of Santa Ana, Santa Aura's Historic Treasures, Les, Kathleen. "Historic Resources Inventory, 930 S. Broadway, "May 1980. *Attachments: ❑None dLacation Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Ad Record ❑Artifact Record OPhotograph Record ❑ Other (list) DPR 528A (1195) Page 2 of 4 25A-57 *Required information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRNP Status Code 3S "Resource Name or #: Hewitt House B7. Historic Name: Hewitt House B2. Common Name: Same 63. Original Use: Single-family Residence B4. Present Use: Multiple -family Residence *B5. Architectural Style: Queen Anne (Late Victorian) *86. Construction History: (Construction dale, alterations, and date of alterations): Constructed 1889. June, 1923. Alterations and repairs. January, 1924. Garage. July 13, 1942. Alterations to convert residence Into duplex. January 3, 1946, Reroof. November 25, 1958, Duplex over 4 garages. January 26, 1959. Private swimming pool. January 29, 1959. Plastering. March 6, 1989. Fence 6 x 28 and wood gate. *67. Moved? CJNo eyes 17Unknown Date: 1924 Original Location:_ 1120 South Main Street *68. Related Features: None, 39a. Architect: Unknown b. Builder. Unknown *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 4880-1946 Property Type: Single-family Residence Applicable Criteria: B,C (oiscuss Importance In terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Hewitt House is architecturally significant as a unique example of a Queen Anne (Late Victorian) "country" home. According to previous research, it was built in 1889 by Roscoe Edwin Hewitt, a pioneer resident who had come to Santa Ana In 1874, and his wife, Allis Almire Palmer, daughter of Noah Palmer, another pionear and land speculator (Las). Professor Roscoe Hewitt is historically Important as one of Santa Ana's early educators, who taught in the one room schoolhouse built an the corner of Church (now Civic Center Drive) and Broadway in 1870 (Marsh, page 47). When the house was built at 1120 South Main Street, it was rather isolated and removed from town. The Hewitts occupied the property in 1896, and were succeeded by rancher Stephen Ross and his ramify. When Julia Lathrop Junior High School was built in 1924, the house was moved to its present location (Treasures, (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (list attributes and codes) `612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *814. Evaluator: Leslie J. Neumann *Date of Evaluation: February 14, 2002 (This space reserved for official comments.) DPR 5238 (1195) Page 3 of 4 25A-58 Sketch Map h s j1T_#a L Hewitt House 930 South Broadway 'Required Information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial of 3 Resource Ns by Leslie J. Heurnenn, Peter C. Moruzzi, SAID *P3a. Description (continued): OV 9 (Aa$lgned by recorder) Howitt House *Date February 14, 2002 © Continuation ❑ Update entry distinguished by paired piers and a decorative front gable. Transoms top the double door main entrance; a second entry containing a single door is located on the south elevation. On the north section of the facade, another two-story bay features a coved cornice and a small, spindle-raiied balcony. On the south elevation, the upper story of the two-story bay is adorned with elaborately carved corner brackets and another spindle -railing. The house was moved to this location in 1924 and itis likely that the porch modifications occurred at the same time. In 1942, it was converted into a duplex. Other modifications include security bars and construction of a concrete block wall towards the rear of the property. Nonetheless, the Hewitt House remains an impressive building, retaining a high degree of integrity. *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Sente Are. Early growth and development were stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the loading communities in the area In 1889 when 11 became the seat of the newly created County of Orange. The development of southern California Is general and Santa Ana in particular experionced a large boost in the second half of the 1880s, when competition between the two railroads triggered a realestate boom. Spurgeon's first subdivision extended from West (now Broadway) to Bush and from First to Seventh Street. As new tracts were subdivided, the city radiated outwards from this core, but remained surrounded by agricultural tands until well into the twentieth century. The Hewitt House was one of the outlying properties and reveals its age through its vernacular Queen Anne styling. The most popular residential style from the time of the Boom of the Eighties through the turn of the twentieth century, the Queen Anne is characterized by hipped roofs with lower cross gables, the juxtaposition of various types of siding, wraparound porches, cant bays, and decorative embellishments such as spindles, brackets, and friezes. All of these features are present on the Hewitt House. Due to Its generous size and substantial integrity, the house is a prominent feature of the sheetscape. The Hewitt House is included in the Santa Ana Register of Historical Property and has been categorized as "Landmark." All original exterior features of the Hewitt House are considered to be character defining and ,should be preserved. These features Include, but may not be limited to: materials and finishes (shingling and siding); roof configuration and detailing; bays; veranda; windows; doors; and architectural detailing such as friezes. *612. References (continued): Harris, Cyril M. Amencen Architecture: An Illustrated Encvdooedia. New York, WW Norton, 1998. Marsh, Diann, Santa Ana An Illustrated Hlstorv. 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. Historical Landmarks Inventory Form, June 25, 1980. OPR 623L Page 4 of 4 25A-59 25A-60 REQUEST FOR Historic Resources Commission Action e " + ♦ rnN` NOVEMBER TITLE; PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015-0% HISTORIC REGISTER CATEGORIZATION NO. 2015-09, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015-16 FOR PROPERTY LOCATED AT 1023 NORTH OLIVE STREET (STRATEGIC PLAN NOS, 5,2; 5,3) Prepared by _Nally Soboleske _ ?xe e Director ..____.___ . APPROVED ❑ As Recommended ❑ As Amended • Set Public Hearing For CONTINUED TO Acting Vr�inManager 1. Adopt a resolution approving Historic Resources Commission Application No. 2015-09 and Historic Register Categorization No. 2015-09. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Harvey and Andrea Marco, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant Harvey and Andrea Marco are requesting approval to designate an existing residence located at 1023 North Olive Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. The subject property consists of a 998 square foot, single -story Spanish Colonial Revival style residence and detached garage on a 5,850 Square foot residential lot located on Olive Street between Washington and Tenth Streets (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties, The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical L:I :I _111 dull. 25A-61 HRCA No. 2015-09, HRC No. 2015-09 HPPA No. 2015-16 November 5, 2015 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Richardson House, has distinctive architectural features of the Spanish Colonial Revival style, and was built in 19211 by Harold Richardson. Character defining features of the Richardson House that should be preserved include, but may not be limited to, materials and finishes (stucco and texture); roof configuration, materials, and treatment; massing and composition; entry; doors and windows and fenestration patterns (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it is a good example of period architecture, Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property 25A-62 HRCA No. 2015-09, HRC No. 2015-09 HPPA No. 2015-16 November 5, 2015 Page 3 Upon consideration of the application, it is recommended that the City enter Into a Historic Property Preservation Agreement. Public Notification The subject site Is located within the Washington Square Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. in addition, a Washington Square Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015-99 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Engagement & Sustainability, Objective No. 2 (expand opportunities for environmental sustainability) and Objective No. 3 (facilitate diverse housing support efforts to preserve and improve the livability of Santa Ana neighborhoods) Hally S66oleske Associate Planner HS:jm WHistarlc 146151105 HRQhrc915-09 firc1 u-09 hppaI5-10.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25A-63 Health, Livability, conservation and opportunities and HRCA-2015-09, HRC -2015-09, HPPA-2015-16 1023 North Olive Street PLANNING AND BUILDING AGENCY EXECUTIVE SUMMARY RICHARDSON HOUSE 1023 North Olive Street Santa Ana, CA 92703 NAME Richardson House REF. NO. ADDRESS 1023 North Olive Street CITY Santa Ana ZIP 92706 pRANGE COUNTY YEAR BUILT 1924 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT nla NEIGHBORHOOD Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION 5S CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Notfor Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE. English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic sloped roof treatment incorporates rakes of uneven lengths, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are often rounded rather than pointed. Windows are usually clustered in groups on the fagade and are often multi -paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARYICONCLUSION: The Richardson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its distinguishing characteristics of an architectural style or period (Municipal Code, Section 30-2. Additionally, the house has been categorized as "Contributive" because it a good example of period architecture " (Municipal Code, Section 30- 2.2)(3), EXPLANATION OF COZIES: 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.) 5S Individual property that is designated locally California Register Status Code: (From California Office of Historic Preservation, December 8, 2003) 5S1 Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 4 25A-65 State of California—The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other L Review or P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *b. USGS 7.5' Quad *c. Address 1023 North Olive Street *e. Other Locational Data: Assessor's Parcel Number Primary HRI # NRHP Status recorder) Richardson House *a. County Orange County Date: City Santa Ana Zip 92700 405-284.08 Tract: 354 Lot: 23 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) A simple design Inspired by English Revival architecture characterizes this one-story, single-family residence. A cross -gabled roof of medium pitch with minimal overhangs tops the stucco -clad building. The stucco has been applied by hand in the "humpy bumpy" fashion. The fagade is "L- shaped, with a front gable is pierced by an attic vent. A low wall forms a front patio area at the front of the house. Front facing windows are constructed of wood. The front facing gable has a tripartite window with a fixed middle and casement side windows, and a rounded arch window at the apex. Two tall rectangular windows are centered on the front patio. The southernmost windows have a tall arched window with multiple panes straddled by two rectangular windows. The front door is perpendicular to the street, and is topped by a canvas awning. *P3b. Resource Attributes: (list attributes and codes) HA2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5b. Photo: (view and date) West facing elevation August 2015 *P8. Date Constructed/Age and Sources: ■historic 1924/0ty of Santa Ana Building Permit *P7. Owner and Address: Andrea and Harvey Marco 1320 Crestview Avenue Seat Beach, CA 90740 *P8. Recorded by: Hally Soboleske City of Santa Ana *Pg. Date Recorded: November 5, 2015 *P10. Survey Type: Intensive Survey Update *1311. Report Citation: (Cite survey report and other sources, or enter "none") California Department of Transportation, Broadway Overcrossing Historic Property Survey, March 1979. *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) Page 2 of 4 25A-66 *Required information State of California—The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRNP Status Code 5S1 'Resource Name or If: Richardson House B1. Historic Name: Richardson House B2. Common Name: Same B3. Original Use: Single-family Residence B4, Present Use: Single-family Residence *B5. Architectural Style: English Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed In 1924, February 1924. Residence and Garage. $4,000 March 30, 1931, Alterations. June 21, 1961. Partitions In garage. $200 February 5, 1987 install drywall in garage. *B7. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *68. Related Features: B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 18884853 Property Type: Single-family Residence Applicable Criteria: (Discuss Importance In terms of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity) The Richardson House is significant as a good example of period architecture In the English Revival style. The first owners were Harold G. and Dorothy Richardson Mr, Richardson was a salesman and Mrs. Richardson was a /housewife raising their two sons, Harold and Tommy. The Richardsons were very active in the community with Harold being Grand Noble for the Oddfellows, and Dorothy being an active member of the Trinity Episcopalian Church. They lived in the home until at least 1942. Tho Richardsons are buried in Santa Ana Cemetery. (See Continuation Shoot 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4,) B13. Remarks: *614. Evaluator: Hally Soboleske *Date of Evaluation: November 5, 2015 DPR 5238 (1195) (This space reserved for official comments.) "Big. Significance (continued): Page 3 of 4 25A-67 Sketch Map O ® - 1023 N. Olive St. © 4e 405-284-08 a r 19 Z'H 9 ' © 1) •Is v z xl u ar r J4 � l:l Z! 6 1�9 O U /�,yy eo 4:/ i 15 10 yx 14 � e JI � II. Ii �„• Q t OO Iz. Q In State of California—The Resources Agency PrimaryIt DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Of 3 Resource Name or g (Assignea oy recoraeq Hrcnarason House by Haly Soboleske *Date November 5, 2015 © Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on pan 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 end 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 grow 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 Richardson House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross -McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single family homes over the next 25 years had begun, In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War N. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which Individual property owners could customize to their tastes ("Weshington Square: A Neighborhood of Pride, " Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed. The Richardson House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as It Is a "good example of period archltecture'I All original exterior features of the Richardson House are considered to be character defining and should be preserved. These features include, but may not be limited to: materials and finishes (stucco and texture); roof configuration, materials, and treatment; massing and composition; entry door, windows and fenestration patterns arid front patio wall. *B12. References (continued): Harris, Cyril M. American Architecture' An Illustrated Encvclooedla. New York, WW Norton, 1998, Marsh, Diann. Santa Ana An Illustrated Historo. Encinitas, Heritage Publishing, 1994, McAlester, Virginia and Lee. A Field Guide to American Houses. Now 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. 'Akson 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.Awww.floral-park.comlpage2.html Talbert, Thomas (editor-in-chiet). Historical Volume and Reference Works Including Biographical Sketches of Leading Citizens, Volume I, Whittier, Historical Publishers, 1963. Armor, Samuel. History of Orange County. 1921. *612. References (continued): Pleasants, Mrs. J. E. History of Orange County, Los Angeles; J. R. Finnell & Sons Publishing Co., 1931. Vol.. 2, page 80 and Vol. 3, page 142. Santa Ana and Orange County Directories, 1923-1960 (ancestry.com). U.S. Federal Census, 1930 (ancestry.com). California Death Index (ancestry.com). DPR 523L Page 4 of 4 25A-68 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 0103 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO, 2015-09 TO PLACE THE PROPERTY LOCATED AT 1023 NORTH OLIVE STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2015-09 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1, The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 5, 2015, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2015-09) and categorization (Historic Resources Commission Categorization No, 2015-09) of the Richardson House, located at 1023 North Olive Street, Santa Ana. B. The Richardson House has distinctive architectural features of the Spanish Colonial Revival style, and was built in 1924 by Harold Richardson. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive because it is "a good example of period architecture." Character -defining features of the Richardson House that should be preserved include, but may not be limited to: materials and finishes (stucco and texture); roof configuration, materials, and treatment; massing and composition; entry door, windows and fenestration patterns and front patio wall. D. The legal owners of the subject property are Harvey and Andrea Marco, E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code, Resolution No. 2015 -XXX 25A-69 Page 1 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No, 2015-99 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2015-09 to place the Richardson House, located at 1023 North Olive Street, Santa Ana, on the historical register, and B. Historic Register Categorization No. 2015-09 placing the Richardson House, located at 1023 North Olive Street, Santa Ana, within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description", and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 5th day of November, 2015. Alberta Christy Chairperson Resolution No. 2015 -XXX 25A-70 Page 2 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 5, 2015. Ml Commission Secretary City of Santa Ana Resolution No. 2015 -XXX 25A-71 Page 3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Owner Names Legal Description 405-284-08 1023 North Olive Street Harvey and Andrea Marco N TR 354 LOT 23 Exhibit A Resolution No. 2015 -XXX Paye 4 of 4 25A-72 REQUEST N NOVEMBER 5, 2015 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015-10, HISTORIC REGISTER CATEGORIZATION NO. 2015-10, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015-17 FOR PROPERTY LOCATED AT 528 WEST SANTA CLARA AVENUE (STRATEGIC PLAN NOS. 5, 2; 5,8) Prepared by ._ Hally Soboleske _ HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For W21211119M Acting PI nig Manager 1. Adopt a resolution approving Historic Resources Commission Application No, 2015-10 and Historic Register Categorization No. 2015-10. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Victoria Bernstein, subject to non -substantive changes approved by the City Manager and City Attorney, Request of Applicant Victoria Bernstein is requesting approval to designate an existing residence located at 528 West Santa Clara Avenue to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property consists of a 1,549 square foot, single -story Tudor Revival style residence and detached garage on a 6,160 square foot residential lot located on Santa Clara Avenue between Greenleaf and Ross Streets (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B6 25A-73 I-IRCA No. 2015-10, HRC No. 2015-10 HPPA No. 2015-17 November 5, 2015 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Russell House, has distinctive architectural features of the Tudor Revival style, and was built in 1925 by Roy Roscoe Russell, prolific builder in the Santa Ana area. Character defining features of the Russell House that should be preserved include, but may not be limited to, materials and finishes (stucco hand troweled cladding); roof configuration and detailing; original windows and doors where extant; and architectural details such as the original wood front entry door (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive' because it is a good example of period architecture. Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3), To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character, and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits Include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property 25A-74 HRCA No. 2015-10, HRC No. 2015-10 HPPA No. 2015.17 November 5, 2015 Page 3 Upon consideration of the application, it is recornmended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members, The project site was posted with a notice advertising this public hearing; a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015-100 will be filed for this project. Approval of this Item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Hally Sg6oleske Associate Planner HSJrn hs%storic IntoN51105 HROhrea15-10 hrc15-10 hppa IG-17.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25A-75 500' RADIUS HRCA-2015-10, HRC -2015-10, HPPA-2015-17 528 West Santa Clara Avenue PLANNING AND BUILDING AGENCY EXHIBIT 1 25A-76 EXECUTIVE SUMMARY RUSSELL HOUSE 528 West Santa Clara Avenue Santa Ana, CA 92706 NAME Russell House REF. NO. ADDRESS 528 West Santa Clara Avenue CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT '1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT NIA NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION I 1 CALIFORNIA REGISTER STATUS CODE I 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 19kh century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARYICONCLUSION: The Russell House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it is a "good example of period architecture" (Municipal Code, Section 30 -2.2 -a -4-b). EXPLANATION OF CODES: California Realster Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series ## 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 1: It 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 25A-77 State of California—The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code e name(s) or number (a Primary # HRI # _ Trinomial NRHP Status Code Reviewer gned by recorder) Russell House P1. Other Identifier: *P2. Location: t7Not for Publication ■Unrestricted *a. County Orange County *b. USOS 7.5' Quad TCA2555 Date: *c. Address 528 West Santa Clara City Santa Ana Zip 92706 *a. Other Locational Data: Assessor's Parcel Number 002-112-07 *133a. Description: (Describe resource and its major elements, Include design, materials, condition, alterations, size, setting, and boundaries.) This house is basically rectangular in plan and this single -story residence displays characteristics typical of the Tudor Revival style. Capped with a steeply pitched roof, the structure is topped with composition shingles with rolled edges and has smooth stucco cladding. The front fagade faces Santa Clara and has a front porch bay that extends approximately two feet from the fagade. The front porch is framed with an arched opening leading to the front door. Windows to the west of the front fagade are three arched windows with ten panes each. Another window on the front fagade is a large fixed picture window. The portion of the house facing Greenleaf has two steeply pitched bays with a street facing door in the middle. The yard is landscaped with both traditional hedges and drought tolerant plantings. The entire property is In excellent condition. *133b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building []Structure ❑Object ❑Site ❑District DElement of District ❑Other *P11. Report Citation: (Cite survey report and other sources, or enter "none") P5b. Photo: (view and date) North facing elevation September 2015 *P0. Date Constructed/Age and Sources: ■historic 1925/City of Santa Ana Building Permits *P7. Owner and Address: Adam and Sandra Loughin Laughlin Family Trust 2436 N. Riverside Drive Santa Ana, CA 92706 *P8. Recorded by: Hally Sobolesice 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: November 5, 2015 *P,10. Survey Type: Intensive Survey Update *Attachments: E1None ©Location Map []Sketch Map ■Continuation Sheet ®Building, Structure, and Object Record ❑Archaeological Record Cl District Record ❑Linear Feature Record ❑Milling Station Record ORock. Art Record DArtifact Record ❑Photograph Record 0 Other (list) DPR 523A (1195) Page 2 of 5 25A-78 *Required Information State of California—The Resources Agency Primary If DEPARTMENT OF PARKS AND RECREATION NRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 'CHR Status Code 5S1 B1. B2, B3. *B5. *m rcesource Name or If: rcussen mouse Historic Name: Russell House Common Name: Same Original Use; Single-family Residence Architectural Style: Tudor Revival 84. Present Use: Single-family Residence Construction History: (Construction date, alterations, and date of alterations): Constructed 1925 January 7. 1925. Residence and garage. $5,000. August 14, 1946. Reroof. April 27, ''1949, Termite work, May 11, 1970, Patio. June 2, 1989. Electrical and plumbing. *67. Moved? ■No ❑Yes ❑Unknown Date: Original *B8. Related Features: Garage. 89a. Architect: Unknown b. Builder: Roy Roscoe Russell *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1966 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 Russell House is architecturally significant as a relatively intact example of the Tudor Revival style and Is of cultural Interest for its association with Roy Russell, a prolific Santa Ana builder. Mr. Russell maintained offices in the Pacific Building located at 227 North Broadway, and lived on Victoria Drive, It is unknown If Mr. Russell ever actually lived In this building, because the first owners are shown to be Ray and Evelyn Wilson with sons Donald and Darrel in 1929. Prior to that the house was both for sale for $6,000 with $200 down and $55/month or for lease. Unfortunately, Mr. Wilson died in the home that same year, and Mrs. Wilson was advertising for a housekeeper for a "widow with two children" by the end of the year. Mr, and Mrs. John Vernon purchased the home in 1930 and held many bridge parties in the home until Mrs, Vernon became hospitalized in 1939. She did return home where her three daughters, Berry Louise, Mary, and Peggy looked after her. By 1941, Harrison G. and Audrey White own the home, Harrison is very active with his son's (Harrison Jr:) Boy Scout Troop. Their daughter, Dorothy also maintained a busy social calendar. They sold the home in 1942 to Lieutenant Lemuel S. Benbury who made his mark in the world by graduating from Chemical Warfare School. The home changed hands a few more times after this. (See Continuation Sheet 3 of 4j 611. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Sent& Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *B14. Evaluator: Hally Soboleske *Date of Evaluation: November 5, 2015 (This space reserved for official comments.) DPR 5236 (1195) *B10. Significance (continued); Page 3 of 5 25A-79 Sketch Mai i—tA v A Ross 5520 West Santa Clara _.0 002.112-07 ^r r; 77 d zs @I n za(zs Io.Waz ORE£AYEAF *Required information 2State of California—The Resources Agency Primary If DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial of 4 Resource Name or iP (Assigned by recorder) Hussell douse by Hally Soboleske *Date November 5, 2015 0 Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Russell 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 builderAflison Honer (1897-1981), credited as the subdivider and builder of a majorportion of northwest Santa Ana, arrived in Santa Ana from Beaver Falis, 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 16, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each"(Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco -styled Old Santa Ana City Hall, the EI Toro Marine Base during World War 11, and the 1960 Honor Shopping Plaza. Honer lived In the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War 11 years, Floral Park continued Its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2008), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Rusself House qualifies for listfng In the Santa Ana Register of Historical Properties under Criterion f for its exemplification of the distinguishing characteristics of the Tudor Revival style. Typical features of this style are stucco cladding with a steeply pitched roof. Character -defining exterior features of the Russell House that should be preserved include, but may not be limited to, materials and finishes (stucco hand troweled cladding); roof configuration and detailing; original windows and doors where extant; architectural details such as the original wood front entry door. B12. References (continued): Armor, Samuel. History of Orango Countv. Los Angeles: History Record Company, 1921, p. 1306. Franklin, Don. "NW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room, Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana An Illustrated Histoty. Encinitas, Heritage Publishing, 1994, McAlester, Virginia and Lee. A Field Guide to American Houses, New York: Alfred A. Knopf, 1984. McGuinnes, Liz, "A Fruitful Career: Mosquito Bite Changed a Life." Los Angeles Times September 24, 1980, part V, pp. 1 and 8. National Register Bulletin 16A. "How to Complete the National Register Registration Form.' Washington DC: National Register Branch, National Park Service, US Dept of the interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources. " Sacramento: March 1995, Santa Ana and Orange County Directories, 1932-1954. (See Continuation Sheet 3 of 4.) Page 4 of 5 DPR 523E 25A-80 2State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial *Recorded by Hally Soboleske B12. References (continued): *Date November 5, 2015 IK Continuation ❑ Update Wahlberg, Harold E, "The Farm Bureau of Orange County, " History of Orange County, Californla, ad. J.E Pleasants, vol. I., pp, 264-79. Los Angeles, CA: J.R. Finnall & Sons Publishing Company, 1931. --. "Pencil's a Farm Tool Now. "Los Angeles Times April 16, 1933. Available on ProQuest Historical Los Angeles Times (1886 -Current File). Accessed May 8, 2008. —, "Why Bow to Winds: They Cast Us More Than Windbreaks." os _AngQJes Times, April 22, 1934. Availabla on ProQuest Historical Los Angeles Times (1886 -Current File). Accessed May 8, 2008. --. "Walnut 'Low Down': Cost Factors Pegged and Analyzed." Los Angeles Times, June 3, 1934. Available on ProQuesi Historical Los Angeles Times (1886 -Current File), Accessed May 8, 2008. —. "High Land Cost Threatens Southland Walnut Industry: Orange County Farm Adviser Says Production Expense Greater than that in Northern Groves. "Los Angeles Times July 17, 1939. Available on ProQuest Historical Los Angeles Times (1886 -Current File). Accessed May 8, 2008. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Mr. and Mrs. H.E. Wahlberg Celebrate 6 Wedding Anniversary," Santa Ana Register August 16, 1980. 'Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies, "Orange Countv Register, September 15, 1981. "History of Floral Park. " http.,1 www.Nora(-park. com/pape2. htrnl. DPR 523L Page 5 of 5 25A-81 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015-10 TO PLACE THE PROPERTY LOCATED AT 528 WEST SANTA CLARA, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2015-10 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS. Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 5, 2015, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2015-10) and categorization (Historic Resources Commission Categorization No. 2015-10) of the Russell House, located at 528 West Santa Clara Avenue, Santa Ana. B. The Russell House has distinctive architectural features of the Tudor Revival style, and was built in 1925 by Roy Russell. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive because it is "a good example of period architecture." D. Character -defining features of the Russell House that should be preserved include, but may not be limited to, materials and finishes (stucco hand troweled cladding); roof configuration and detailing; original windows and doors where extant; architectural details such as the original wood front entry door. E. The legal owner of the subject property is Victoria Bernstein. F. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. G. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. Resolution No. 2015 -XXX 25A-82 Page 1 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 H. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015-100 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2015-10 to place the Russell House, located at 528 West Santa Clara Avenue, Santa Ana, on the historical register, and B. Historic Register Categorization No. 2015-10 placing the Russell House, located at 528 West Santa Clara Avenue, Santa Ana, within the Contributive category, These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property description"; and the written and public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file in the Planning and Building department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties Into a category. The Histone Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties, Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 5th day of November, 2015. Alberta Christy Chairperson Resolution No. 2015 -XXX 25A-83 Page 2 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission membe NOES: Commission membe ABSTAIN: Commission membe NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 5, 2015. Date: Commission Secretary City of Santa Ana 25A-84 Resolution No. 2015 -XXX Page 3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 EXHIBIT A E APN Address Owner Names Legal Description 002-112-07 528 West Santa Clara Avenue Victoria Bernstein Lot 1 of Greenleaf Subdivision, Tract 75303 Resolution No, 2015 -XXX Page 4 of 4 Exhibit A 25A-85 r REQUEST FOR r RC��.�iczanaicaar�x� i� � . HISTORIC RESOURCESCOMMS" MEETING DATE; NOVEMBER 05, 2015 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015-11, HISTORIC REGISTER CATEGORIZATION NO. 2015-11, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015-18 FOR PROPERTY LOCATED AT 2502 NORTH FRENCH STREET {STRATEGIC PLAN NOS. 5,2; 5,31 Prepared byHalms Soboleske _ ?-1-4w�xe;UY actor SECRETARY APPROVED ❑ As Recommended CI As Amended E! Set Public Hearing For CONTINUED TO Acting tannin Manager i Adopt a resolution approving Historic Resources Commission Application No. 2015-11 and Historic Register Categorization No. 2015-11. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with the owner, James Simon, subject to non - substantive changes approved by the City Manager and City Attorney. James Simon is requesting approval to designate an existing residence located at 2502 North French Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Proiect Location and Site Description The subject property consists of a 1,700 square foot, single -story Ranch style residence and detached garage on a 7,841 square foot residential lot located on French Street between Twenty -Second and Twentieth Streets (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B7 25A-87 HRCA No. 2015-11, HRC No. 2015-11 HPPA No. 2015-18 November 5, 2015 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The Brown House has the unique features of the Ranch style of architecture, and was built in 1955 by Roy Roscoe Russell as a speculative venture. Character defining features of the Brown House that should be preserved include, but may not be limited to: materials and finishes (wood siding); roof configuration and open rafter tails; wood windows and shutters, and architectural details such as the attached garage and curved porch supports (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Key" because it possesses a "distinctive architectural style and quality," and is associated with a prominent citizen, Harold R. Brown of the Brown Colonial Mortuary. Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property r•• HRCA No. 2015-11, HRC No. 2015-11 HPPA No. 2015-18 November 5, 2015 Page 3 Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015-101 will be filed for this project. Strategic Plan nment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 'f Hally S90bleske Associate Planner HS;jm WHIslaric InfoM11➢9 HRMhrea15-11 hro15-11 hppa15-18.hrc Attachments; Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25A-89 HRCA-2015-11, HRC -2015-11, HPPA-2015-18 2502 North French Street PLANNING AND BUILDING AGENCY EXECUTIVE SUMMARY BROWN HOUSE 2502 North French Street Santa Ana, CA 92706 NAME Brown House REF. NO, ADDRESS 2502 North French Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1955 LOCAL REGISTER CATEGORY: Key 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 0 Historic ❑ Both ARCHITECTURAL STYLE: Ranch Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form In the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Clift May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for Informality, expressed in materials and plan, and indoor -outdoor Integration. While the style includes several variants, a basic set of character -defining features applies to most examples, In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration Is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARYICONCLUSION The Brown House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion i for its exemplification of the distinguishing characteristics of the Ranch style of architecture. Additionally, the house has been categorized as "Key" because it "contributes to the overall character and history" of Santa Ana, and, as an intact and distinctive example of the Ranch style in the Park Santiago neighborhood. (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evale tio: (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.) 531: Individual property that Is listed or designated locally. 4I' � ".1' State of California—The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Primary HRI NRHP Status Review Cade Reviewer or P1. Other identifier: *132. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2502 North French Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number: 396-432-11 Tract: 1473 Lot: 34 *153a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Brown House Is a very distinctive example of the Ranch style of architecture, The house Is clad in wide clapboard siding on the front fagade, while the remainder of the house /s sheathed in board and batten siding. Its roof is topped with asphalt shingles. Its massing is long and horizontal with a near full length front porch. An attached two -car garage gains entry from Edgewood Street. The structure has narrow eaves and exposed rafter tails, The front porch is supported with four-by-four wooden posts with curved decorative and lathed brackets. The front fagade is pierced by three wood windows with single hung operation. The northernmost window is straddled by wood shutters with an ornamental 1" shape. The front entry door is under cover of the porch and its upper half is glass with diamond shaped muntins. A single concrete step leads to the front entry and is ornamented with brick trim. Mature landscape surrounds the property, and the property is In exceptional condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure L1Object ❑Site ©District ❑Element of District ❑Other P5b. Photo: (view and date) East facing elevation August 2015 W. Date Constructed/Age and Sources: ■historic 1955/City of Santa Ana Building Permits *P7. Owner and Address: James Simon 2502 North French Street Santa Ana, CA 92706 *PS. Recorded by: Hally Soboleske 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: November 5, 2015 *1310. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *Attachments: ❑None ❑location Map ❑Sketch Map ®Continuation Sheet ®Building, Structure, and Object Record Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record OArtifect Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) Page 2 of 9 25A-92 *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 "Kesource Name or m tirown House B1. Historic Name: Brown House B2. Common Name: Same B3. Original Use: Single-family Residence *135. Architectural Style: Ranch B4. Present Use: Single-family Residence *Be. Construction History: (Construction date, alterations, and date of alterations): Constructed 1955 November 22, 1958. 6 room residence and garage. $16,000, *B7. Moved? ■No OYes OUnknown Date: Original Location: *809 Related Features: None. B9a. Architect: Unknown b. Builder: Roy Roscoe Russell *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C, CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity) The Brown House is architecturally significant for its Ranch style and horizontal massing. The home was constructed by Roy Russell, a well-known and prolific builder in Santa Ana, for Harold and Ethel Brown, The Browns were long term residents of Santa Ana, having lived for some time at 210 West Santa Clara. They adopted a child in 1934 and named her Mary Lynette, Mr, Brown was a prominent mortician in the city, and after serving in WW1, established the Brown and Harrell on the southeast corner of Seventeenth and Sycamore Streets. In the mid -1930's Harrell sold his Interest to Emil Wagner, and the two opened a new modern facility across the street (116 West Seventeenth Street) In 1937, Mr. Brown was very active in civic organizations and was Vice President of the Chamber of Commerce with Allison Honer serving as President. Mr. Brown held many events .For the Chamber such as a Fashion Show. He also wrote a column called "Reftectlons"for the Santa Ana Register throughout the 1930's. in 1942, Mr. Brown was the Commander for the Santa Ana American Legion. Today, the Brown Colonial Mortuarystill operates at the same location and was run by son H. Roy Brown until his passing in 2011. Gerran Brown, another son, operates the mortuary today. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *B12, References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4) B13. Remarks: *614. Evaluator: HallySoboteske *Date of Evaluation: November 5. 2015 DPR 5238 (1195) Page 3 of 25A -9i Map 2502 N. French Street 396431.12 a FRENCH m430 � 1fi w'6 4 4 Z!+I! 19I I ! 0 svurrcFON 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) Brown House *Recorded by H. Soboleske *Date November 5, 2015 O Continuation CJ 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 do Santa Ana. The civic and commercial core of the community was centered around the intersection of Malo 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 1669, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Brown House is located in Park Santiago neighborhood, near the present northern city limits of Santa Ana and substantially north of the original city core. The neighborhood is bounded by Santiago Creek and Park on the north, Fast Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the l-5 freeway on the southwest. In large part, these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route. This area remained primarily agricultural well Into the 1920s As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, "C Street' (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially told out, but most residents continued to list "rancher" or "fruit grower" as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman -era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger agricultural parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid -1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and carpenters made their homes In the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z.B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C.H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapper/ the western half of the area, most of the tots had been Improved with single- family hornes, many in the revival styles popular during the 1920s and 1930s, Subsequent development of the eastern half of the neighborhood and Infill construction In the western half displayed the simplified ranch style that emerged following Werld War It, The Brown House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 3 because it embodies the distinctive characteristics of the Ranch style. Typical features of the Ranch style of architecture include the building's wide horizontal massing, forge picture windows designed to bring the outdoors 'Into" the living space, and natural materials used In cladding. Additionally, the house has been categorized as "Key" because itpossesses "distinctive architectural style and quality" and is associated with prominent citizen, Harold R. Brown, of the Brown Colonial Mortuary. Character -defining exterior features of the Brown House that should be preserved include, but may not be limited to, materials and finishes (wood siding); roof configuration and open rafter tails; wood windows and shutters, and architectural details such as the attached garage and curved porch supports. DPR 523L Page 4 of 9 25A-94 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) Brown House 'Recorded by H. Sobolaske *Date November 5, 2015 © Continuation 11 Update 812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998, Marsh, Diann. Santa Ana, An Illustrated History, Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to Amarican Houses, New York: Allied 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, 199 1, Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995, Pteasants, 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. Santa Ana and Orange County Directories, 1937-1978. Page 5 of 9 DPR 523L 25A-95 HAROLD RBfiDk` N 1YIdy Has Her Day Thursday, March 4th Next Thursday Santa Aoa Will stago one a tit's mf�st "titular events to 110r his- tory; an event 41"t to tite hWt of every woman and one We .alien etre golf t to as,talo-eri. state from the ekde-tinea , a style, ,show. I Nn# going to talk a rterrot:. have seen some of these and they ere The beet looking I have ever lakd my or" on--4nd ittesttsenakae trap- It It ware a woman, tta0ro kaa nothing tinder the ulna eanrtt„, Mat Would keop ti' ^ fl=on Ing One ar ffWrr. I kil W 1= 1 ere aticttreai to see tic* roe, Fnsfti tate anvaunt cat aettvkts` its exstr ata"e, T irretiirt y;,ta art v0ing to witness a atyie xis„w of ptoportlana n ver N4ttv. sttempled In Banta Ana Italie a note of tite Elate—, Thursday, !larch tth, deet yotir friends down town. havfr Witch tnaema .r anti thttt alionit the afterno-on to this preaemta- lv"," of tit► n -w utyl,�s. fYt4E!,-- ting tir,rat trar,ist# raa, It in au4nd t'a ite. gout! it# West 8#t«arate®oth Street Page 6 of 9 25A-96 Newspr's Santa Ana Register (Santa Ana, California) • Tue, Jan 27, 1942 • Page 9 Printed on Sep 29, 2015 Clipped By: 4& hally_.soboleske �. Tue, Sep 29, 2015 Copyright © 2015 Newspapers.com. All Rights Reserved. % • Select Language Brown Colonial Mortuary 264 West 17th Street Santa Ana, California 92706 Tel: (714) 542-3949 Home I About I Contact Brown Colonial Mortuary began under the direction of Harold R. Brown, who had just s ' returned to Santa Ana after serving in Europe during World War I and subsequently working in the funeral industry in San Francisco. He joined with Samuel Harrel to form the firm of Harrell & Brown on the southeast corner of ?ltrz'd C rrucraridus �/ S�rvic'a' 17th and Sycamore streets in a converted residence, In the mid 1930's, Mr. Harrell sold his interest to Mr. Emil Wagner. Soon the partners realized that Santa Ana was in need of a truly modern facility and the "new" Brown & Wagner Colonial Mortuary was opened in September, 1937, just across the street from the old home. Whether you have come to our site for Information about an upcoming service or to make arrangements for one, we hope the Information you find here will be helpful. We have added new features for your web experience with us. They include Ordering Flowers directly from our site Enhanced Obituaries with a Guest Book, Automatic Email Subscription when new notices are posted New ways to send condolences such as food gifts and sympathy cards Copyright (g 2015 Brown Colonial Mortuary . All Rights Reserved Page 8 of 9 25A-98 I Website by CFS I We will never forget i-) 3i i UAF-T Annalla Sep 28,'15 lames Eudaly Sep 27,'15 Dennis Marfice Sep 21,'15 ') John Dieball Sep 18,'15 Allan Rosales Sep 17, '15 Francisco Del Rio Sep 16,'15 Jo5ephlne Espinoza Sep 15,'15 Concesa Garcia Nioue Sep 15,'15 For your convenience, directly order flowers from our local florists via our web site m '* a : , it�rsai F EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 RESOLUTION NO, 2015 -XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015-11 TO PLACE THE PROPERTY LOCATED AT 2502 NORTH FRENCH STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2015-11 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 5, 2015, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2015-11) and categorization (Historic Resources Commission Categorization No. 2015-11) of the Brown House, located at 2502 North French Street, Santa Ana. B. The Brown House has distinctive and quality architectural features of the Ranch style, and was built in 1955 by Roy Roscoe Russell as a speculative venture. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Key because it possesses "distinctive architectural style and quality", and is associated with prominent citizen, Harold R. Brown, of the Brown Colonial Mortuary. Character -defining features of the Brown House that should be preserved include, but may not be limited to: materials and finishes (wood siding); roof configuration and open rafter tails; wood windows and shutters, and architectural details such as the attached garage and curved porch supports. D. The legal owner of the subject property is James Simon. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. Resolution No. 2015 -XXX 25A-1 00 Page 1 of EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015-101 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2015-11 to place the Brown House, located at 2502 North French Street, Santa Ana, on the historical register, and B. Historic Register Categorization No. 2015-11 placing the Brown House, located at 2502 North French Street, Santa Ana, within the Key category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description;" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description," is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorders Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 5th day of November, 2015. Alberta Christy Chairperson Resolution No, 2015 -XXX 25A-101 Page 2 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission mem NOES: Commission mem ABSTAIN: Commission mem NOT PRESENT: Commission mem CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 5, 2015. Date: Commission Secretary City of Santa Ana 25A-102 Resolution No. 2015 -XXX Page 3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Owner Names Legal Description 396-432-11 2502 North FrenchJames Street Simon 1�47 LOT 34 Exhibit A Resolution No. 2015 -XXX Page 4 of 4 25A-103 25A-104 REQUEST FOR Historic Resourow Commission ion cart 1115FORIC RESOURCES COMMISSIONME DATE: NOVEMBER 5, 2015 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015-12, HISTORIC REGISTER CATEGORIZATION APPROVED • As Recommended • As Amended • Set Public Hearing For NO. 2015-12, AND HISTORIC PROPERTY CONTINUED TO PRESERVATION AGREEMENT NO. 2015-19 FOR PROPERTY LOCATED AT 2204 NORTH ROSS STREET {STRATEGIC PLAN NOS, 5,2; 5,3} Prepared by _ Hall Soboleske eeutiv rector - Acting P�anager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2015-12 and Historic Register Categorization No. 2015-12. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with the Alejandro R. Martinez and Summer M. Taylor, subject to non -substantive changes approved by the City Manager and City Attorney. Request of Applicant Alejandro R. Martinez and Summer M. Taylor are requesting approval to designate an existing residence located at 2204 North Ross Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property consists of a 2,325 square foot, two-story Tudor Revival style residence and detached garage on a quarter acre sized residential lot located on Ross Street between Santa Clara Avenue and Nineteenth Street (Exhibit 1). Analysis oftheIssues Historical Listing In March 1999, the City Council approved Ordinance Resources Commission and the Santa Ana Register Resources Commission may, by resolution and at a noticed EXHIBIT B8 25A-105 No. NS -2383 establishing the Historic of Historical Properties. The Historic public hearing, designate as a historical HRCA No. 2015-12, HRC No. 2015-12 HPPA No. 2015-19 November 5, 2015 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the King House, has distinctive architectural features of the Tudor Revival style, and was built in 1930 by Lee F. King. Character defining features of the King House that should be preserved include, but may not be limited to: materials and finishes (stucco and wood shake roof material); roof configuration and detailing; original windows and doors where extant; architectural details such as the original wood front entry door in a recessed opening, stained glass window, and niche (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it is a good example of period architecture. Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property 25A-106 HRCA No. 2015-12, HRC No. 2015-12 HPPA No. 2015-19 November 5, 2015 Page 3 Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015-102 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Engagement & Sustainability, Objective No. 2 (expand opportunities for environmental sustainability) and Objective No. 3 (facilitate diverse housing support efforts to preserve and improve the livability of Santa Ana neighborhoods) Hally Sob eske Associate Tanner HS:jm hsOstorfc InM151165 HRClhrca15-12 hrc15-12 hppa15-19.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25A-107 Health, Livability, conservation and opportunities and HRCA-2015-12, HRC -2015-12, HPPA-2015-19 2204 North Ross Street PLANNING AND BUILDING AGENCY EXHIBIT 1 25A-108 F; • y . 5. yn y 1 r t� 4,a Of J { _�iyg . Oi 500'RADIUS HRCA-2015-12, HRC -2015-12, HPPA-2015-19 2204 North Ross Street PLANNING AND BUILDING AGENCY EXHIBIT 1 25A-108 EXECUTIVE SUMMARY KING HOUSE 2204 North Ross Street Santa Ana, CA 92706 NAME King House REF. NO. ADDRESS 2204 North Ross Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT NIA NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 1 5 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Notfor 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 1P century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The King House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for Its exemplification of the characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it is a "good example of period architecture" (Municipal Code, Section 30 -2.2 -a -4-b). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources,' September 4, 2001.) 1: 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 25A-109 State of California—The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code__ Reviewer Date Paas 1 of 4 Resourcename(s) or number (asslgned by recorder) King House P1. Other Identifier: *P2. Location: ONot for Publication ■Unrestricted *b. USGS 7.5" Quad TCA1725 *c. Address 2204 North Ross Street *e. Other Locational Data: Assessor's Parcel Number *a. County Orange County Date: City Santa Ana Zip 92706 002-112-11 Tract: 946 Lot:6 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The King House is a two-story structure sheathed In smooth stucco and is topped with new wood shake shingles with a complex roof configuration. The top of the roof is flat, and has a mansard type roof with many angles and gables. The mansard is steeply pitched which is common of the Tudor Revival style. Two stucco -covered chimneys rise above the roofline, with one of them on the front elevation. Front facing windows have arched tops and have multi -lights. The recessed front entry is particularly interesting with double gables pierced by a single attic vent. The front door Is original and Is arched with a peekaboo window in the upper half. A concrete walkway leads to this entry. To the right of the entry Is an arched niche, and even more right is an arched stained glass window of excellent quality. A ribbon drive leads to a detached garage toward the rear of the sister, and a very mature conifer tree sits in the front yard toward the front property line. All landscape is mature and well groomed. The property is in outstanding condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure []Object ❑Site ❑District ❑Element of District ❑Other report and other sources, or enter "none") P5b. Photo: (view and date) East facing elevation September 2015 W. Date Constructed/Age and Sources: ■historic 19301City of Santa Ana Building Permits *P7. Owner and Address: Alejandro Martinez 2204 N. Ross Street Santa Ana, CA 92706 *P8. Recorded by: i -tally Sobolesks 20 Civic Center Plaza Santa Ana, CA 92702 *159. Date Recorded: November 5, 2015 *P10. Survey Type: intensive Survey Update *P11. Report Citation: (cite survey *Attachments: []None ❑Location Map ❑Sketch Map ■Continuation Sheet ®Building, Structure, and Object Record []Archaeological Record ❑District Record ❑linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list; DPR 523A (1195) Page 2 of 5 25A-110 *Required information 7 � `� �'S ^+mss � � �^ f.y... •yuj a report and other sources, or enter "none") P5b. Photo: (view and date) East facing elevation September 2015 W. Date Constructed/Age and Sources: ■historic 19301City of Santa Ana Building Permits *P7. Owner and Address: Alejandro Martinez 2204 N. Ross Street Santa Ana, CA 92706 *P8. Recorded by: i -tally Sobolesks 20 Civic Center Plaza Santa Ana, CA 92702 *159. Date Recorded: November 5, 2015 *P10. Survey Type: intensive Survey Update *P11. Report Citation: (cite survey *Attachments: []None ❑Location Map ❑Sketch Map ■Continuation Sheet ®Building, Structure, and Object Record []Archaeological Record ❑District Record ❑linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list; DPR 523A (1195) Page 2 of 5 25A-110 *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 B1. B2. B3, *B5. *B0. 'KO$ourCe Name or 0: King House Historic Name: King House Common Name: Same Original Use: Single-family Residence Architectural Style: Tudor Revival Construction History: (Construction date, alterations, and date of alterations): Constructed 1930 B4. Present Use: Single-family Residence January 25, 1930. Residence and garage for L.F. King. $5,000. April 12, 1933. Rebuild chimney, July 20, 1962. Garage and shop area for C. Baxter. $2,000- 920sf. September 27,1967. Open patio cover for C. Baxter, February3, 1970. Remodel kitchen for C. Baxter, August 13, 1976 New patio cover for J. Koral, owner. $1,040. *B7. Moved? ■No OYes ❑Unknown Date: Original Location: *68. Related Features: Garage, Bga. Architect: Unknown b. Builder: Lee Frank King *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1695-1965 Property Type: Single-family Residence Applicable Criteria: NR: Q CR: 3 (Discuss Importance in tarns of historical or architectural context as defined by theme, period, and geographic scope, Also address Integrity) The King House was constructed by Lee Frank King for he and his wife, Jenny In 1930, Mr. King was a contractodbulider of numerous Santa Ana properties Including 1059 West Fifth Street, Together they raised three children in this homer. Frank, Larry, and May, The Kings enjoyed the finer things in life Including having a brand new Nash car shipped to them in 1922 that made the local news. Jenny was active in the Women's Relief Corps, The next owners were Clifford and Esther Baxter who were married in 1940 and moved into the house a short time later. Mr. Baxter had played football for Santa Ana High School and went on to graduate from the University of Southern California with a law degree. They were members of the Spurgeon Memorial Methodist church and very active in various civic organizations. Mr, Baxter passed away on November 3, 1971, and the house was sold to Joe and Lenore Korai. Known as "Pepic'; Mr. Koral (originally Kcralova) was a history teacher for Willard Elementary School, His brother, Somo Korai was responsible for developing all of Santa Ana's Parks and Recreation program, 'rhe Koral's lived in the home until Joe's death. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes)-_ "612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4,) B13. Remarks: *W4. Evaluator: Hally Soboleske "Date of Evaluation: November 5, 2015 (This space reserved for official comments.) DPR 5238 (1195) Page 3 of 5 *610. Significance (continued): 25A-111 *Required information 28tate of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial of 4 Resource Name or It (Assigneo oy recoraer) rcmg mouse by Hally Soboleske *Date November 5, 2015 0 Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered on the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and Incorporation as a city in 1885, 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 King House is located In Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York In 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange Countv Realstor, September 15, 1961). 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 Reolster, September 15, 1981). Revival architecture In a wide variety of romantic styles was celebrated In the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco -styled Old Santa Ana City Hall, the EI Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza, /-toner lived in the neighborhood he had helped create, at 616 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. to the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2008), Floral Park maintains its Identity as the promler neighborhood of Santa Ana, historically home to many effluent and prominent citizens. The King House qualifies for listing In the Santa Ana Register of Historical properties under Criterion 1 for its exemplification of the characteristics of the Tudor Revival style. Typical features of this style are stucco cladding with a steeply pitched root. Further, the King House has been categorized as "Contributive" as it is a 'good example of period architecture." Character - defining exterior features of the King House that should be preserved include, but may not be limited to: materials and finishes (stucco and wood shake roof material); roof configuration and detailing; original windows and doors where extant; architectural details such as the original wood front entry door in a recessed opening, stained glass window, and niche. 1112. References (continued); Armor, Samuel. History of Orme County. Los Angeles History Record Company, 1921, p. 1306. Franklin, Don. "NW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room, Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia, New York, WW Norton, 1998. Marsh, Diann. Santa Ana An Illustrated Historo. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American I -louses. New York.' Alfred A. Knopf, 1984. McGuinnes, Liz. 'A Fruitful Career. Mosquito Bite Changed a Life." Los Angeles Times, September 24, 1980, part V, pp. 1 and 8. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept, of the interior, 1991. Office of Historic Preservation. "instructions for Recording Historical Resources." Sacramento: March 1996 Santa Ana and Orange County Directories, 19324954. (See Continuation Sheet 3 of 4.) Page 4 of 5 DPR 523E 25A-112 2State of California— The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET by Hally Soboleske B12, References (continued): Primary # HRI#_ Trinomial or # (Assigned by recorder) King House *Date November 5, 2015 E] Continuation ❑ Update 'Alison Honer Dies at 84,"11he Santa Ana Journa, September 21, 1981. "Builder of Honer Plaza Dias, "Orange County Register, September 15, 1981. "History of Floral Park." httg.11www.ftoral-pak.cornlpaoe2.htmi. DPR 523L Page 5 of 5 25A-113 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE_ § 6103 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015-12 TO PLACE THE PROPERTY LOCATED AT 2204 NORTH ROSS STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2015-12 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 5, 2015, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2015-12) and categorization (Historic Resources Commission Categorization No. 2015-12) of the King House, located at 2204 North Ross Street, Santa Ana. B. The King House has distinctive architectural features of the Tudor Revival style, and was built in 1930 by Lee F. King. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive because it is "a good example of period architecture." Character -defining features of the King House that should be preserved include, but may not be limited to: materials and finishes (stucco and wood shake roof material); roof configuration and detailing; original windows and doors where extant; architectural details such as the original wood front entry door in a recessed opening, stained glass window, and niche. D. The legal owners of the subject property are the Alejandro R. Martinez and Summer M. Taylor. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. Resolution No. 2015 -XXX 25A-11 4 Page 1 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015-102 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2015-12 to place the King House, located at 2204 North Ross, Santa Ana, on the historical register, and B. Historic Register Categorization No. 2015-12 placing the King House, located at 2204 North Ross, Santa Ana, within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description;" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description," is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 5th day of November, 2015. Alberta Christy Chairperson Resolution No. 2015 -XXX 25A-115 Page 2of4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Commission members Commission Commission members Commission mem CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 5, 2015, Date: Commission Secretary City of Santa Ana Resolution No. 2015 -XXX 25A-116 Page 3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Owner Names Legal Description 002-112-11 2204 North Ross Street Alejandro R. N TR 946 LOT 6 Martinez and Summer M. Taylor Resolution No. 2015 -XXX Page 4 of 4 Exhibit A 25A-117 25A-118 REQUEST FOR NOVEMBER 5, 2015 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015-20 FOR PROPERTY LOCATED AT 2436 NORTH RIVERSIDE DRIVE {STRATEGIC PLAN NOS. 5, 2; 5,3} Prepared by Hally Soboleske Exft roe Director?.L — — .1=14116111 17, 190, to] i APPROVED Cl As Recommended EI As Amended Cl Set Public Hearing For CONTINUED TO Acting Lanni Manager Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Patrick and Lisha Flavin, subject to non -substantive changes approved by the City Manager and City Attorney. Request of Applicant Patrick and Lisha Flavin are requesting approval to execute a Mills Act agreement with the City of Santa Ana for the property located at 2436 North Riverside Drive, Prosect Location and Site Description The subject property is known as the Ault House and consists of a 2,000 square foot single -story Tudor Revival style residence with detached garage on a 9,147 square foot residential lot located on Riverside Drive between North Park Drive and Benton Way (Exhibit 1). It was designated to the Santa Ana Register of Historical properties in May of 2015 and was categorized as Landmark (Exhibit 2). Analvsis of the Issues Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties, The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: EXHIBIT B9 25A-119 HPPA No. 2015-20 November 5, 2015 Page 2 • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property Upon consideration of the application, it is recommended that the Historic Resources Commission recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Patrick and Lisha Flavin, subject to non -substantive changes approved by the City Manager and City Attorney. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). �f��,%I"tom"yl�;!. • n• a �� H ` HS:jm hsOstok Info1151105 HIPC\hppaI5-20.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25A-120 aoz, .iO" " � Sj `ter Ti F35n3rT374 48F47M5253T5455 8.9 81 82 83'= 92, 93 94 95 971 500' RADIUS HPPA-2015-20 2435 North Riverside Drive PLANNING AND BUILDING AGENCY 1121 EXECUTIVE SUMMARY AULT HOUSE 2436 North Riverside Drive Santa Ana, CA 92706 NAME Ault House REF. NO. ADDRESS 2436 North Riverside Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1933 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE I 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 19`h century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARYICONCLU510N: The Ault 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 "Key" because it is associated with long time owners and community members John Carroll and Dorothy Ault. (Municipal Code, Section 30 -2.2 -a -4-b), EXPLANATION OF CODES: • California Register. Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) SSI: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 5 25A-122 State of California—The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI #_ PRIMARY RECORD Trinoml NRNP Status Code Other Listings Review Code Reviewer or number (assigned by recorder) Pt. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA2555 Date: *c. Address 2018 Nath Greenleaf Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-081-36 *P3a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries,) U-shaped in plan, this two-story residence displays characteristics typical of the Tudor Revival style. Capped with a steeply pitched hip -gabled roof, the roof is topped with wood shingles meant to resemble thatching from earlier times. The house is clad in stucco with a hand -troweled texture. There is a front facing bay that includes two dormered windowed with decorative half timbering. The uppermost dormer on this bay had straight timbers wile the lower dormer has curved half timbering with a central straight timber that aligns with the apex of the dormer. The lower window has fifteen panes with wood muntins. Towards the right of the fagede, a recessed "bump out" for a room exists with eight light casement wood windows. A dramatic used brick clad entry with an arched porch and attached chimney that extends upwards lends to the Tudor style. Above this entry is another window with curved timers. A fixed window exists just left of the entry and tall and vertical In composition. The three brick clad front entry porch includes a heavy timbered front door with a peekaboo window for viewing visitors. A ribbon driveway accentuates the entry to the property and has a gated entry to the rear yard leading to a detached garage. The yard is landscaped with traditional hedges and a herringbone brick path leads to the front door. The entire property is in excellent condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property W. Resources Present: ■Building ❑Structure ❑Object ❑Sita ❑District ❑Element of District ❑Other report and other sources, or enter "none") P5b. Photo: (view and date) North facing elevation June 2015 *P6. Date Constructed/Age and Sources: ■historic 19331City of Santa Ana Building Permits *P7. Owner and Address: Adam and Sandra Loughin Loughlin Family Trust 2436 N. Riverside Drive Santa Ana, CA 92706 W. Recorded by: Hally Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *Pg. Date Recorded: July 23, 2015 *P10. Survey Type; Intensive Survey Update *P11. Report Citation: (Cite survey *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record OArchaeological Record ODistrict Record ❑Linear Feature Record ❑Milling Station Record ❑Rock ArtRecord ❑Artifact Record ❑Photograph Record O Other (list) DPR 523A (1195) Page 2 of 5 25A-123 *Required information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION NRI# _._,__, .__._— BUILDiNG, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 'Resource Name orf: Ault Mouse 81, Historic Name: Ault House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Tudor Revival *B0, Construction History: (Construction date, alterations, and date of alterations): Constructed 1933 May 29, 1933. Residence and garage for C, Ault. $3,000. June 5, 1933. Addition. $1,000. December 23, 1943, Addition to house, 8x18. April 15, 1947, Enlarge rear porch to 4'x7' by J. C, Ault. June 20, 1947, Addition to garage, *B7. Moved? ■No ❑Yes OUnknown *68. Related Features: Garage, Bea, Architect: Unknown Date: Original Location: b. Builder: Unknown *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1695-1965 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 Ault House is architecturally significant as a relatively intact example of the Tudor Revival style and is of cultural interest for its association with John Carroll and Dorothy Mae Ault. Mr. Ault began as a salesman for the auto parts firm of Hockaday, Harlow, and Phillips, By 1934, he had also purchased a service station in Brea known as the imperial Service Station. In 1935, he had become a purchasing agent and was well known in the community for his knowledge of automobiles and automobile parts. Going by "Carroll", Mc Ault was an intelligent man who, along with his brother, Alfred, was often noted in Honor Rolls throughtout his school career. Born in 1911, Mr. Ault married Dorothy, and together, they were very active in various civic activities. They had two children, Caroline and David, and while Carroll pursued his work endeavors, Dorothy was listed as staff for McKinley Elementary School located at 902 West Third Street. Dorothy was an avid bridge player, a member of a sewing club, and they entertained very often at their home. She was also a membership chairman for the YWCA (Young Women's Christian Association) located at 1411 N. Broadway, as well as being on the advisory board for the Santa Ana Salvation Army, She was noted in local media for her beautiful decorations and presentation for various events held at the home. Carroll's brother, Alfred, was once a photographer and reporter for the Santa Ana Register, and later moved to Bethesda, Maryland to become a Child Labor Inspector for the Board of Education in Washington DC. John Carroll Ault passed away In 1997, and Dorothy died on June 12 2012 after living 79 years in this residence. Both are buried at Fairhaven Cemetery, (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 Roam Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *814. Evaluator: Ha//ySoboleske (This space reserved for official comments.) *Date of Evaluation: July23, 2015 DPR 5238 (11995) Page 3 of 5 25A-124 "Required Information 2State of California—The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET by Hally Soboleske *B10. Signifleance (continued): Primary # HRI # Trinomial or # (Assigned by recorder) Ault House *Date July 23, 20150 Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and Incorporation as a city In 1886, and selection as the seat of the newly created County of Orange in 1889, the city grow 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 Ault 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, Arid that month, he began building custom homes in Santa Ana "(grange 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, 1081). 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 1,935 Art Deco -styled Old Santa Ana City Hall, the EI 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 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park Today (2008), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Ault 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. Typical features of this style illustrated by the house include its asymmetrical composition; wood shingle sheathed roof, original windows, and brick clad chimney on the front facade. Additionally, the house has been categorized as "Key" because of Its association with J. Carroll and Dorothy Ault, active in the Santa Ana Community for over 70 years. Character -defining exterior features of the Ault House that should be preserved include, but may not be limited to, materials and finishes (stucco hand troweled cladding and wood roofing material); roof configuration and detailing; original windows and doors where extant; attached chimney; architectural details such as the original wood front entry door. 812. References (continued): Armor, Samuel. History of Orange Count'. Los Angeles: History Record Company, 1921, p. 1306. Franklin, Don. "NW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room, Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia, New York, WW Norton, 1998. Marsh, Diann. Sante Ana An illustrated History. Encinitas, Heritage Publishing, 1994. McAlester; Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf 1984. McGutnnes, Liz. 'A Fruitful Career; Mosquito Bite Changed a Life." Los Angeles Times, September 24, 1980, part V, pp, I and 8. National Register Bulletin 16A. "How to Complete the National Register Registration Form.' Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources."Sacramento: March 1995. Santa Ana and Orange County Directories, 1932-1954, (See Continuation Sheet 3 of 4.) Page 4 of 5 DPR 523L 25A-125 2State of California—The Resources Agency Primary If DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial by Hally Soboleshe B12. References (continued); or it (Assigned by recorder) Hutt House *Date July 23, 20150 Continuation ❑ Update Wahlborg, Harold E. "The Fann Bureau of Orange County,"History of Orange pountt California ed. J.E. Pleasants, vdt. t., pp. 264.79. Los Angeles, CA. J. R. Finnell & Sons Publishing Company, 1931. "Pencil's a Farm Tool Now. "Los Angeles Times, April 16, 1933. Available on Pro Quest Historical Los Angeles Times (1886 -Current File). Accessed May 8, 2008. "Why Bow to Winds: They Cost Us More Than Windbreaks," Los Anoeles Times, April 22, 1934. Available on Pro Quest Historical Los Angeles Times (1886 -Current File). Accessed May 8, 2008. "Walnut 'Low Down': Cost Factors Pegged and Analyzed, "Log -Angeles Times. June 3, 1934. Available on ProQuesl Historical Los Angeles Times (1886 -Current File). Accessed May 8, 2008. "High Land Cost Threatens Southland Walnut Industry., Orange County Farm Adviser Says Production Expense Greater than that in Northern Groves. "Los Angeles Times, July 17, 1939. Available on ProQuesl Historical Los Angeles Times (1886 -Current File). Accessed May 8, 2008, Whiffen, Marcus. American Architecture Store 1780, Cambridge: MIT Press, 1969. "Mr. and Mrs. H.E. Wahlberg Celebrate 69" Wedding Anniversary,"Santa Ana Register, August 16, 1980. "Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. 'Builder of Honer plaza Dies, "Orange County Register September 15, 1981. "His tory of Floral Part<." httn://wvvw.flora/-perlccom/ea egl.html. Page 5 of 5 DPR 523L 25A-126 REQUEST FOR RI. NOVEMBER 5, 2015 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015-21 FOR PROPERTY LOCATED AT 1810 NORTH GREENLEAF STREET (STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by tally Soboleske XxecuWe Director -� APPROVED 0 As Recommended Cl As Amended 10- Set Public Hearing For CONTINUED TO Acting Pager Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Jaco and Amanda Broekhuizen, subject to non -substantive changes approved by the City Manager and City Attorney. Request of Ap lip cant Jaco and Amanda Broekhuizen are requesting approval to execute a Mills Act agreement with the City of Santa Ana for the property located at 1810 North Greenleaf Street. Project Location and Site Description The subject property is known as the Greenwalk-Cacazza House and consists of a 2,353 square foot two-story Colonial Revival styled residence with detached garage on a 15,681 square foot residential lot located on Greenleaf Street between Seventeenth and Nineteenth Streets (Exhibit 1). It was designated to the Santa Arra Register of Historical properties in January of 2003 and was categorized as Landmark (Exhibit 2). Analysis of the Issues Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties, The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings. Aside from the tax savings, the benefits include: EXHIBIT B10 25A-127 HPPA No. 2015-21 November 5, 2015 Page 2 • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property Upon consideration of the application, it is recommended that the Historic Resources Commission recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Jaco and Amanda Broekhuizen, subject to non -substantive changes approved by the City Manager and City Attorney. Strategic Plan Ati nment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Hally Soffoleske Associate Planner HS:jm hs\Hlstorlc W6151105 fflftppa15.21.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25A-128 500' RADIUS H P PA -2015-21 1810 North Greenleaf Street PLANNING AND BUILDING AGENCY 'c o p6 01 F ij e I�.:',s�„��c dF 3HYd �Y4�i fJ• ""�"�'�,i *Y01 500' RADIUS H P PA -2015-21 1810 North Greenleaf Street PLANNING AND BUILDING AGENCY 'c o p6 !� e I�.:',s�„��c dF 3HYd �Y4�i fJ• ""�"�'�,i *Y01 fl A R�. n I I 4i 500' RADIUS H P PA -2015-21 1810 North Greenleaf Street PLANNING AND BUILDING AGENCY 'c o EXECUTIVE SUMMARY CRE.ENWALD - CASAZZA HOUSE 1810 North Greenleaf Street Santa Ana, CA 92706 NAME Greenwald - Casazza House REF. NO. ADDRESS v 1810 North Greenleaf Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR. BUILT 1894 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGIBORIIOOD Floral Parl: CALIFORNIA REGIS"CER CRITERIA FOR EVALUATION 15 CALIFORNIA REGISTER STATUS CODE'-, 8S Location: ❑ Not for Publication 0 Unrestricted ❑ Prehistoric Z Historic ❑ Both ARCHITECTURALSTYLE: StickMastlake A style first described by architectural historian Vincent Scully in the -mid twentieth century, the Stick Style refers total evolution of the wooden architecture of nineteenth century architect Andrew Jackson Downing. Characterized by tall proportions, steeply pitched roofs, bracketed eaves, and most characteristically, exposed framing in the form of vertical or diagonal "stickwork," the style was most popular during the third quarter orf the nineteenth century, The stickwork typically overlaid the siding, adorned the gable ends, or was incorporated into the structure of porches and balconies. The rectilinear quality of the Stick Style was often combined, in the last quarter of the nineteenth century, with "Eastlake ornamentation." Derived from the Furniture designs of Charles Locke Eastlake, an English designer and arbiter of taste who disavowed all connection with the architecture hearing his name, such ornamentation included turned wood columns and spindles, knobs, sawn brackets, and curvilinear perforations. In southern California, Stick[Eastlake characteristics were usually associated with the predominant Queen Anne style of the late nineteenth century. (whiffet, 109-126). &IIMMARY/CONCLUSION: The Greenwald - Casazza House qualities for listing in the Santa Ana Register of Historical Properties under Criterion I for its exemplification of the distinguishing characteristics of the Stick/Eastlake style of the nineteenth century. It also qualities for the Register under Criterion 7, as a building that was connected with business or use that was once common, but is now rare, specifically, agriculture. Additionally, the house has been categorized as "Landmark" for its historical/mdturn] significance rc the City of Santa Ana as a rare surviving example of a farmhouse in the Stick/Eastlake style. (Municipal Code, Section 30-2.2), EXPLANATION OF CODES: • California Register Criteria for Evaluation: (Front California Office of Historic Preservation, Technical Assistance Series 4 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 1: It is associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States. 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work ora master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 3S: Appears eligible for the National Register as an individual property through survey evaluation. EXHIBIT 2 Page 1 of 4 25A-130 oune or canrorma — i ne resources Agency rnr DEPARTMENT OF PARKS AND RECREATION HRI PRIMARY RECORD Trir NRHP Status Other Review Cods Reviewer e name(s) or number (assigned by recorder) G P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TSA 0054 Date: *c. Address 1810 North Greenleaf Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-092-21; TR 748 LOT 5 AND LOT 6. *P3a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This two-story SticldEasilake residence stands out from its neighbors as the original farmhouse on the street. Capped by a hipped roof with decoratively bracketed eaves, the box -like building is sheathed in medium shiplap and trimmed with end boards. A two-story squared bay topped by a gable projects from the north end of the fagade. The gable and is embellished with stick work applied in a trellis pattern. Pairs of very tall and narrow, one -over -one, double -hung sash windows occupy both levels of the projecting bay, with a course of saw tooth molding accenting the tops of the first floor openings. A paneled door is the sole feature of the central bay of the fagade. Paired windows also define the south bay on bath levels. On the west elevation, a one-story sunroom, topped by a balcony, appears to have been an addition, perhaps dating to 1921. The only apparent recent alteration to the building is the removal of the porch that formerly shaded the entry. Formal landscaping at the front of the double lot appears to have also been recently renovated; however, the property may also retain several fruit bees dating from its period as a producing ranch. The home is in excellent condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure OObject OSite ❑District ■Element of District ❑Other *P11. Report Citation: (Cite survey report and other sources, or enter "none') None. P51c. Photo: (view and date) East elevation December2002 *P6. Date Constructed/Age and Sources: ■historic 1894/ Source: Owner *P7. Owner and Address: Ratph & Bonnie Casazza 1810 Greenleaf Street Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Herrmann SAIC 35 S. Raymond Ave. tt 204 Pasadena, CA 91105 *P9. Date Recorded: January 2, 2003; revised October 2004 *P10. Survey Type: intensive Survey Update *Attachments: ONone OLocabon Map ❑Sketch Map eCominuaten Sheet ■Building, Structure, and Object Record OArchaeological Record ❑District Record OLinear Feature Record OMllling Station Record ORock Art Record OArtlfact Record O Photograph Record O Other (list) bPR 523A (1195) Page 2 of 4 25A-131 *Required Information State of California—The Resources Agency Primary #_ _ DEPARTMENT OF PARKS AND RECREATION HRI#_ _ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 3S "Resource Name or #: Greenwald - U85azz8 House B1. Historic Name: Greenwald - Casazza House B2. Common Name: Same B3, Original Use: Single-family Residence B4. Present Use: Single-family residence *65. Architectural Style: Stick/Eastlake *B6. Construction History: (Construction date, alterations, and date of al erations): Constructed in 1894. September 1921. Addition to residence. April26, 1937. Repair residence. November 23, 1937. Reroof. February 26, 1988. Reroof without tear off. *B7. Moved? NNo ❑Yes E3Unknown Date: Original Location: *B8. Related Features: Mature fruit trees. B9a. Architect: Unknown b. Builder: Unknown *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1886-1953 Property Type: Single-family Residence Applicable Criteria: NR; A, C; CR: 1, 3 (Discuss importance In terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Greenwald - Casazza House is architecturally significant as a substantially intact example of the SticidEastlake style popular during the late nineteenth century and historically significant as one of the few surviving farmhouses in Santa Ana in general and the Floral Park neighborhood in particular. The house was constructed In 1894, six years after Peter and Albertine Gruenenwald purchased a 28 -acre property that extended from Greenleaf to Flower Street, north of Seventeenth Street. (Some sources put the size of the property at 26 acres.) Although Peter Gruenenwalrl passed away in 1895, Albertine Gruenenwald stayed on the ranch with herson Herbert, raising apples, apricots, walnuts, and oranges. The 1913 plat map of the City showed the Gruenenwaid property as a single large parcel, which was not subdivided until 1929. Originally, the address of the house was 1720; this changed to 1810 in 1915.1916. In 1918, Herbert married, and he and his wife Ida occupied the home together until 1978, when Herbert died. Albartine moved to a rented home on Seventeenth Street (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *814. Evaluator: Leslie d Newnan *Date of Evaluation: January 2, 2003 (This space reserved for official comments.) DPR 529E (1/95) Page 3 of 4 25A-132 Sketch Map Greenwald -Casazza House 1810 North Greenleaf Street 19rH smeirr *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION FIRI # CONTINUATION SHEET Trinomial *Recorded by Leslie J. Heumann *810. Significance (continued): Resource Mame or# (Assign "Date January 2, 2003; revised ® Continuation ❑ Update in 1920-1921. The family changed their name to the more American "Greenwald" in 1919. After her husband's death, Ida Greenwald continued to live in the house until 1979. Ralph and Bonnie Casazza purchased the properly in 1985 and continue to reside in the house (2004). The Casazza's are owners of Florintine Studio Arts in Santa Ana (Personal communication with owner, September and October 2004). The Greenwald - Casazza 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, Mc Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1961). The parcel chosen became the Floral Part( 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 r September 95, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 19205 and 1930s and Floral Pad( 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 Et Toro Marine Base during World War li, 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// 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 effluent and prominent citizens. The Greenwald - Casazza House qualifies for listing In the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Stick/Eastlake style of the nineteenth century. Notable In this regard are the vertical emphasis of the building, the bracketed eaves, squared, two-story bay, and tire stick work ornament in the gable end. It also qualifies for the Register under Criterion 7, as a building that was connected with business or use that was once common, but is now rare, specifically, agriculture. Additionally, the house has been categorized as "Landmark"for its historical/cultural significance to the City of Santa Ana. All original exterior, features of the Greenwald - Casazza House are considered character -defining and should be preserved, including, but not limited to: materials and finishes; roof configuration and detailing; massing; windows and doors; bays; architectural details such as brackets and shol( wort, and original landscape features such as fruit trees. *B12. References (continued): Harris, Cyril M Anredcan Archltegture: An Illustrated Enc clo adia. 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 HOCISas. 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 Sania Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies," Orange County Register September 15, 1981. "Century -Old SA House Filled With Memories," The Radiate r August 5, 1979. "History of Floral Park." http://www.floral-park.com/page2.htrnl Talbert, Thomas (editor4n-chief). Historical Volume and Reference Works lncludtn Biota ical Sketches of Leading Citizens Volume 1, Whittier, Historical Publishers, 1963, Santa Ana and Orange County Directories, 1901-1979, DPR 528E Page 4 of d 25A-133 25A-134 RE UEST FOR Historic Resources Commission Action Kffi HISTORIC RESOURCES COMMISSION MEEIING DATE: NOVEMBER 5, 2015 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015.22 FOR PROPERTY LOCATED AT 2002 NORTH VICTORIA DRIVE {STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by Hally Soboleske APPROVED Cl As Recommended IJ As Amended ❑ Set Public Hearing For CONTINUED TO xec e Director Acting F ening Manager Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Lee and Leeta Wilhite, subject to non -substantive changes approved by the City Manager and City Attorney. Request of Applicant Lee and Leeta Wilhite are requesting approval to execute a Mills Act agreement with the City of Santa Ana for the property located at 2002 North Victoria Drive. Project Location and Site Description The subject property is known as the Park/St.Jaques House and consists of a 3,041 square foot two- story Colonial Revival with French Regency variant styled residence with detached garage on a 13,939 square foot residential lot located on Victoria Drive between Nineteenth Street and Santa Clara Avenue (Exhibit 1). It was designated to the Santa Ana Register of Historical properties in May of 2015 and was categorized as Landmark (Exhibit 2). Analysis of the Issues Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: EXHIBIT B11 25A-135 HPPA No. 2015-22 November 5, 2015 Page 2 • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property Upon consideration of the application, it is recommended that the Historic Resources Commission recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Lee and Leeta Wilhite, subject to non -substantive changes approved by the City Manager and City Attorney. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). HS Jm hsWistodc In W51105 HRMhppa15-22.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25A-136 HPPA-2015-22 2002 North Victoria Drive PLANNING AND BUILDING AGENCY M117 103 831 BG 85 qj 98 Fj HPPA-2015-22 2002 North Victoria Drive PLANNING AND BUILDING AGENCY M117 EXECUTIVE SUMMARY PARI E' HOUSE 2002 North Victoria Drive Santa Ana, CA 92706 NAME. Parke/St. Jacques House F. NO, ADDRESS 2002 North Victoria Drive CITY Santa Ana --ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1945 LOCAL REGIS'IBR CATEGORY: Landmark HISTORIC DISTRICT I N/A NEIGHBORHOOD I Floral Park NATIONAL, REGISTER CRITERIA FOR EVALCIATtON C NATIONAL REGISTER STATUS CODE I 3S Location: ❑ Not for Publication ® Unrestricted El Prehistoric 0 Historic n Both ARCI1rrECTURALsTVLE: 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 garnbreled, 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 Penlights 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). SUMMARYlCONELUSION: The Parke House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of V-listorical Properties under Criterion I for its exemplification of the late Colonial Revival style. The house also contributes to the historic charewter of the Floral Park neighborhood through its age, style, and scale. In addition, the Parke/St. Jascues House has been categorized as "Landmark" because the building "appears to be eligible" to be placed on the National Register and the California Register and "has a unique architectural significance" as an intact and representative example of the late Colonial Revival style that contributes to the historic streetscape of North Victoria Drive (Municipal Code, Section 30.2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C, that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of 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: (Prom Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) EXHIBIT 2 Page 1 of 4 25A-138 State of California—The Resources Agency Primary # — DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial_ NRHP Status Other L Review or P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2002 North Victoria Drive City Santa Ana Zip 92706 *a. Other Locational Data: Assessor's Parcel Number 002-101-05, ORANGE GROVE TR LOT SLY 80 FT NLY 376.34 FT, W OF VICTORIA DR *P3a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Constructed over a decade later than many of its neighbors, this two-story residence exhibits the late Colonial Revival style, It consists of a central, side -gabled wing, clad in painted brick, and flanking side wings, also side -gabled but tower in height, which are sided with clapboard Wide clapboard also sheathes the gable faces, while wood shingles cover the roof. Three front -gabled wall dormers, each containing a six -over -six, double -hung sash window, are evenly spaced across the central wing, A pair of similarly detailed dormers emerges from the roof of the south wing, First floor windows are large twelve -over - twelve double -hung sash, each adorned with wood shutters, Located in the south bay of the three -bay central wing, the entrance is classically enframed with pilasters and a plain entablature. An fanlight with radiating muntins tops the recessed (See Continuation Sheet 3 of 3.) *P3b. Resource Attributes: (list attributes and codes) NP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District 00ther P5b. Photo: (view and date) East elevation January 2003 *P8. Date Constructed/Age and Sources: shlatoric 19451 Source; City of Santa Ana building permits. *P7. Owner and Address: Allan W St Jacques 2002 North Victoria Drive Santa Ana, CA 92706 *P8. Recorded by: Leslie J, Pleumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. If 204 Pasadena, CA 81105 *P9. Date Recorded: January 30, 2003 *P10, Survey Type: Intensive Survey *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *Attachments: ONone ❑Location Map OSketch Map sContinuation Sheet ■Building, Structure, and Object Record OArchaeological Record ❑District Record ❑Linear Feature Record OMilllng Station Record ORock Art Record OArdfact Record ❑Photograph Record O Other (list) DPR 523A (1195) Page 2 of 4 25A-139 `Required Information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 "NRNP Status Code 3S 'Resource Name or 0: Parke/St. Jacques Mouse B1. Historic Name: Parke/St. Jacques House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *86. Architectural Style: Colonial Revival *66. Construction History: (Construction date, alterations, and date of alterations): December 29, 1945. Ten room residence and garage. Owner, Mr. and Mrs. F.J. Parke. $17,000. May 9, 1957. Private pool (30'x 1 a) for Fred Parke by Fleste Pools. $2.600, November 13, 1962. Addition to residence (addition to kitchen) for R. Jacobs. $2, 000. February 9, 1970. Service porch for Rob. Jacobs. $2,000. June 8, 1976. Spa only for Allan Jacques. $2,600. February 22, 1989. Reroof. *B7. Moved? ■No OYes OUnknown Date: Original Location: *68. Related Features: Bga. Architect: Unknown b. Builder: Owner. *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 .Property Type: Single-family Residence Applicable Criteria: C (Discuss Importance in term$ of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Parke/St. Jacques House is architecturally distinguished as an Intact and characteristic example of the Colonial Revival style with Georgian Revival elements. Its period revival design, substantial scale, and generous setback contribute to the elegant and distinctive streetscape on North Victoria Drive. According to the original building permit, the house was constructed at a cost of $17,000 for Mr, and Mrs. F. J. Perks. Subsequent permits and the Orange County directories indicate that the Parkes resided In the house until at least 1957. No occupation was listed for Fred J. Parke in the Orange County directories. Built In 1945-1946, this house was probably one of the first civilian improvements in Santa Ana following World War ll. (See Continuation Sheet 3 of 3) 611. Additional Resource Attributes: (List attributes and *812. References. City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *814. Evaluator: Leslie J. Neumann *Date of Evaluation: January 30, 2003 (This space reserved for official comments.) DPR 6238 (1195) Page 3 of 4 *Required Information 25A-140 State of California—The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of_2_ Resource Name or # (Assigned by recorder) Parke/St. Jacques House *Recorded by Leslie J. Herrmann, Peter C. Moruzzl, SAiC *Date January3Q 2003 ® Continuation ❑ Update *P3a. Description (continued): and paneled double entrance doors. Red brick steps lead to the shallow brick entrance porch. An exterior brick chimney is attached to the south elevation while an interior chimney, also brick, emerges from the north peak of the center roof. In the reer, northwest corner of the property, an original garage is embellished with a center donner and weathervane. Tha garage door has been replaced. The front yard is mostly fawn, increasing the visibility of this apparently original and well- maintained house. °BtO. Significance (continued): The Parke 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 Honor (1897-9981), 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, Mc 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 Part( 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 celebratod in the 19206 and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival, The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clare 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 eady post World Wart/ 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 hums to many effluent and prominent citizens. The Parke House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historlost Properties under Criterion I for its exemplification of the late Colonial Revival style. While incorporating the usual Colonial Revival vocabulary, such as shuttered, multi -tight, double -hung sash windows and a classical entry, the asymmetrical composition and the introduction Of a subtle horizontality are indications of the emerging split-level and ranch styles of the post World War flora. Despite its late date, the house also contributes to the historic character of the Floral Park neighborhood through its age, style, and scale. Additionally, the house has been categorized as "Landmark" for its unique architectural significance as an example of the late Colonial Revival style that contributes to the historic strootscape or North Victoria Drive. All original exterior features of the Storey House are considered character defining and should be preserved. These features Include, but may not be limited to: materials (wood and brick) and finishes (clapboard); roof configuration and treatment; massing and composition; porch; doors and windows; architectural detailing (such as the pilasters and fanlight); brick chimneys, steps and porch pavement;. and original garage. *B12. References (continued): Hams, Cyril M. American Architecture: An Illustrated Encyclopedia. Now 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 Fomr." Washington DC: National Register Branch, National Park Service, US Dept, Of the Interlor, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995, "Alison Honer Dies at 84," The Santa Ana drumal, September 21, 1981, "Builder of Honer Plaza Dies," Orange County Register September 15, 1981. "History ofFloral Part<," http.Owww.floral-park.com/Pago2.htin/ Talbert, Thomas (editor-in-chief). Historical Volume and Reference Works Including Biographical Sketches of Leading Citizens, Volume t. Whittier, Historical Publishers, 1963. Armor, Samuel. HistoryofOranaeCounty. 1921, Orange County Directories, 1945, 1947, SPR 523L Page 4 of 4 25A-141 25A-142 REQUEST FOR Historic Resources Commission Action 4- M NOVEMBER 5, 2015 0@w TITLE. HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015-23 FOR PROPERTY LOCATED AT 1308 NORTH BAKER STREET {STRATEGIC PLAN NOS. 5,2; 5,3} Prepared by Hally Soboleske f� " — E cutiv hector APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO ActinrgPI nning Manager Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Reginald Durant, subject to non -substantive changes approved by the City Manager and City Attorney. Request of Applicant Reginald Durant is requesting approval to execute a Mills Act agreement with the City of Santa Ana for the property located at 1308 North Baker Street. Prolect Location and Site Description The subject property is known as the Axworthy House and consists of a 1,606 square foot single -story Spanish Colonial Revival styled residence with detached garage on a 7,187 square foot residential lot located on Baker Street between Seventeenth Street and Washington Avenue (Exhibit 1). It was designated to the Santa Ana Register of Historical properties in July of 2003 and was categorized as Contributive (Exhibit 2). Analysis of the Issues Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings. Aside from the tax savings, the benefits include: EXHIBIT B12 25A-143 HPPA No. 2015-23 November 5, 2015 Page 2 • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property Upon consideration of the application, it is recommended that the Historic Resources Commission recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Reginald Durant, subject to non -substantive changes approved by the City Manager and City Attorney. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Engagement & Sustainability, Objective No, 2 (expand opportunities for environmental sustainability) and Objective No. 3 (facilitate diverse housing support efforts to preserve and improve the livability of Santa Ana neighborhoods) Qkke2�� — Hally So lecke Associa e Planner HS:jm WHistoric Info\151 105 HROhppal5-23.hx Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Farm Exhibit 3 - Mills Act Agreement 25A-144 Health, Livability, conservation and opportunities and HPPA-2015-23 1308 North Baker Street PLANNING AND BUILDING AGENCY EXECUTIVE SUMMARY AXWORTHY HOUSE 1308 North Baker Street Santa Ana, CA 92706 NAME Axworthy House REF. NO. ADDRESS 1308 North Balser Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT Circa 1927 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD I Washington Square NATIONAL REGISTER CRITEBIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 5St Location: ❑ NotforPublication M Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL $TYI,r: Mission/Spanish Colonial Revival 'Cite Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and. 1920, drew its inspiration firm the missions of the Southwest. Identifying features include curved parapets (or espadahn); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco, The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama - California Exposition in San Diego in 1915,.where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red 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 decorative elements of wood, wrought iron, tile, or stone. SUMMARY/CONCLUSION: The Axworthy House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the "distinguishing characteristics of an architectural style orperiod," the Spanish Colonial Revival. Additionally, tite house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Washington Square neighborhood and is a "good example of period architecture" as a highly intact example of a one-story Spanish Colonial Revival home from the 1920s (Municipal Code Section 30-2,2)." EXPLANATION OF CODES: Natimral Repryster Cri6eriafor Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of it type, period, or method of construction, or that represent the worts 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) 5S1 Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation. EXHIBIT 2 Page I of 25A-146 State of California—The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI #_ PRIMARY RECORD Trinomi. NRHP Status Other Listings Review Code Reviewer_ e name(s) or number (assigned by recorder) P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.6' Quad TCA 0054 Date: *c. Address 1308NorthBakerStreet City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 405-271-09; N TR 765 LOT 2 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) An extensive cactus and succulent garden, surrounded by a split rail fence, occupies the front yard of this one-story, Spanish Colonial Revival residence, partially obscuring the building from view. Covered in smooth, white stucco, the house Is capped by a cross -gabled roof covered in red clay No. Rising slightly above the roof on the south elevation, a chimney is distinguished by a pointed arch cap. Rafters are visible in the eaves of the side gable, which covers a porch recessed across the south half of the fagede. French doors and the entry open off of the porch. An archway at the south and of the porch overlooks the driveway. The front -gabled north half of the fagade contains a diamond patterned, pierced stucco grille near the entry and a double casement window with a wrought iron grille offset to the north. A row of five one -over -one double - hung sash windows at the southwest corner of the house appears to bean addition or an enclosure of a rear porch. The rear portion of the house is topped by a flat roof with a file -edged parapet. At the rear of the driveway, a one-story, stuccoed, garage is also flat -roofed. In excellent condition, the house appears to retain substantial design integrity. *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 x t a i 1 i y,Y' e �r R E YMF �ig 4-" E a N >4Fa report and other sources, or enter "none") None. P5b. Photo: (view and date) East and south elevations May 2003 *P6. Date Constructed/Age and Sources: ■historic Circa 1927/ Source.' Santa Ana and Orange County City Directories *P7. Owner and Address: Rosemary Staff 1308 North Baker Street Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: July 28, 2003 *P10. Survey Type; Intensive Survey *P11. Report Citation: (Cite survey *Attachments: ONone OLocatlon Map ❑Sketch Map ■Continuation Sheet NBuilding, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record O Other (list) DPR 523A (1/98) Page 2 of 4 25A-147 *Required information State R CaliforniaOP The NDREResources Agency Primary # DEPARTMENT OF PARKS AND RECREATION NRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRNP Status Code 5S1 *Resource Name or #: Axworthy House B1. Historic Name: Axworthy House 82. Common Name: Same B3. Original Use: Single-family Residence B4, Present Use: Single-family Residence *BS. Architectural Style: Mission/Spanish Colonial Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed circa 1027. Note: No building card was found for this address. April 2, 1998. Re roof flat area only. Remove and apply hot mop. *B7. Moved? ■No 13Yes OUnknown Date: Original Location: *B8. Related Features: Garage. 139a. Architect: Unknown b, Builder: Unknown *1310. 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 Axworthy House is architecturally significant as a good example of the Spanish Colonial Revival style of the 1920s applied to a one-story residence. No information about the original construction of the house was located. The address was first listed in the Santa Ana city directories in 1928, indicating that construction probably occurred in 1927. W G, and Florence Axworthy were the residents. Mr. Axworthy was a teacher at E1 Modena School. (See Continuation Sheet 3 of 3.) 611. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana. Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie J. Haumann *Date of Evaluation: July 28, 2003 DPR 5238 (1155) Sketch Map (This space reserved for official comments.) Page 3 of 4 25A-148 Axworthy House 1308 North Baker Street 6 N State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI #— CONTINUATION SHEET Trinomial by Lesfie J. Hournann, SAID *810. Significance (continued): or # (Assigned by recorder) Axworthy House *Date July 28, 2003 ® Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Axworthy House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago do Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth conturies, with a few farmhouses, most notably the Ross -McNeal House at 1020 North Salter Street, dotting the landscape, By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes, The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single- family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War ll. During the 1930s, many of the homes were built by local contractor Emmelt Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ("Washington Square: A Neighborhood of Pride," Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed. The Axworthy House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the "distinguishing characteristics ofan architectural style orperiod." Stylistic signatures ofthe Spanish Colonial Revival such the stucco exteriors, filed roof, asymmetrical composition, arched openings, and pierced stucco grille are notable In this regard. Additionally, the house has been categorized as 'Contributive" because it 'contributes to the overall character and history" of the Washington Square neighborhood and is a 'good example of period architecture" as a highly intact example of a one-story Spanish Colonial Revival home from the 1920s. Character defining exterior features of the Axworthy House that should be preserved include, but may not be limited to: materials and finishes (stucco, wood, wrought Iron); roof configuration and treatment, massing and composition; doors and windows; porch; garage; architectural detailing (grilles); and chimney. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia, Now 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 Ilia Interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1905-1930. "Washington Square: A Neighborhood with Pride." Washington Square Neighborhood Association, no data. DPR 523L Page 4 of 4 25A-149 25A-150 REQUEST FOR 4 Historic Resources Commission Action t HISTORIC RESOURCES COMUS" MEETM DATE: NOVEMBER 5, 2015 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015-14, HISTORIC REGISTER CATEGORIZATION NO, 2015-14, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015-24 FOR PROPERTY LOCATED AT 2421 NORTH HELIOTROPE DRIVE {STRATEGIC PLAN NOS. 5,2; 5,3} Prepared by Hally Soboleske APPROVED • As Recommended • As Amended O Set Public Hearing For CONTINUED TO -- Exe utivc ' ector Acting Plan i g A anager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2015-14 and Historic Register Categorization No. 2015-14. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with the Ashley Phillips, subject to non -substantive changes approved by the City Manager and City Attorney. Request of Applicant Ashley Phillips is requesting approval to designate an existing residence located at 2421 North Heliotrope Drive to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana, Proiect Location and Site Description The subject property consists of a 1,771 square foot, single -story English Revival style residence and detached garage on a 7,920 square foot residential lot located on Heliotrope Drive between North Park Drive and Benton Way (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties, The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B13 25A-151 HRCA No. 2015-14, HRC No. 2015-14 HPPA No. 2015-24 November 5, 2015 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Reid House, has distinctive architectural features of the English Revival style, and was built in 1925 by C.S. Lee as a speculative venture. Character defining features of the Reid House that should be preserved include, but may not be limited to: materials and finishes (stucco and texture); roof configuration, materials, and treatment; massing and composition; entry; doors and windows and fenestration patterns (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it is a good example of period architecture. Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property 25A-152 HRCA No. 2015-14, HRC No. 2015-14 HPPA No. 2015-24 November 5, 2015 Page 3 Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015-104 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 06�0�� ally S oleske Associate Planner HS:jm W1lslorio InK151705 HWhrca16-14 hm15-14hppa15-24.1irc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25A-153 500' RADIUS HRCA-2015-14, HRC -2015-14, HPPA-2015-24 2421 North Heliotrope Drive PLANNING AND BUILDING AGENCY EXECUTIVE SUMMARY REID HOUSE 2421 North Heliotrope Drive Santa Ana, CA 92706 NAME Reid House REF. NO. ADDRESS 2421 North Heliotrope Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I n/a NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 5S CALIFORNIA REGISTER STATUS CODE 551 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco wails and gable roofs of steep but not exaggerated pitch. A characteristic sloped roof treatment incorporates rakes of uneven lengths, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process, Arches may be used for windows and doors, and, unlike their Tudor cousins, are often rounded rather than pointed. Windows are usually clustered in groups on the fagade and are often multi -paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARY/CONCLUSION: The Reid House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its distinguishing characteristics of an architectural style or period (Municipal Code, Section 30.2. Additionally, the house has been categorized as "Contributive" because it "a good example of period architecture " (Municipal Code, Section 30- 2.2)(3). EXPLANATION OF CODES; . California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series 9 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 5S Individual property that is designated locally California Register Status Code: (From California Office of Historic Preservation, December 8, 2003) 5S1 Individualp o arty that is listed or designated locally. EXHIBIT 2 Page 1 of 5 25A-155 State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer___.. Date Page 1 of 4 Resource name(s) or number (assigned by recorder) Reid House P1. Other Identifier: *132. Location: ONot for Publication ■Unrestrictecl *a. County Orange County *b. USGS 7.5' Quad Date: *c. Address 2421 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002.064-24 Tract: 425 Lot: 102 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) A simple design inspired by English Revival architecture characterizes this one-story, single-family residence. A cross -gabled roof with a steep pitch with minimal eaves tops the stucco -clad building. The building is "L" -shaped, with a front gable is pierced by an attic vent and has a steep sloping roofline. Front facing windows possess pointed dormers and multi -light bay windows. A low wall forms a front patio area at the front of the house. Tho front door Is original and has an arched opening. A brick chimney graces the front elevation between the two front facing windows and sports a large metal "Soon the top of the chimney. The property is in excellent condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: WBuilding ❑Structure ElObject ❑Site ODistrict eElement of District ❑Other P5b. Photo: (view and date) North facing elevation August 2015 *P6. Date Constructed/Age and Sources: ■historic 1925/City of Santa Ana Building Permit *P7. Owner and Address: Ashley Phillips 2421 North Heliotrope Dr, Santa Ana, CA 92706 *P8. Recorded by: Hally Soboleske 20 Civic Center Drive M-20 Santa Ana, CA 92702 *Pg. Date Recorded: November 5, 2015 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") California Department of Transportation, Broadway Overcrossing Historic Property Survey, March 1979. *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ®Building, Structure, and Object Record OArchaeological Record ❑District Record 01-inear Feature Record ❑Mlliing Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) Page 2 of 5 25A-156 *Required information State of California—.The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRNP Status Code 5S1 nesource name or rr: Karo Mouse B1. Historic Name: Reid House B2, Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: English Revival *B6. Construction History: (construction date, alterations, and date of alterations): Constructed in 1925. August 1, 1925. Residence and Garage. $5,000. January 28, 1933. Alterations. November 9,1935. Reroof. August 10, 1953, Remodel and repair residence by Ogle. February 25, 1970. Remodel kitchen for J. Ogle. *B7. Moved? ■No MYes OUnknown Date: Original Location: *B8. Related Features: B9a. Architect: Unknown b. Builder: C. B. Reid *B16. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: (Discuss Importance In terms of historical or architectural context as defined by theme, period, and geographio scope. Also address integrity) The Reid House is significant as a good example of period architecture in the English Revival style. The house was constructed as a speculative venture by C. B. Lee in 1925. The first owners of record are Robert and Grace Reid. Mr. Reid was the owner of the successful Reid Motor Company, The Santa Ana Register notes that the Reids were victims of burglary at the house In 1928, and two coats were stolen – a seat coat and a squirrel coat. The perpetrators were never caught. Reid sold the Motor Company in 1938 to W.R. (Stormy) Gordon and moves to Los Angeles. The house was sold to Robert and Mary Smith and It is assumed that the metal "S° affixed to the chimney was installed during this time. Unfortunately Mary died In the home on August 7, 1941, and Robert died later, that year. They are buried at Fairhaven Cemetery. The house was then purchased by Joel and Helen Ogle. An avid skier, Mr. Ogle, along with friends was famously snowed in at Big Beer in 1927, and had several search parties looking for them. A week later, the Ogle party made their way down the mountain. Mr. Ogle served as County Counsel throughout the depression, and during that time, had a salary of only $1. In fact, in 1932, he agreed to a 50% pay cut to earn only 50 cents per year: in 1934, the Ogle's had a tratedgy when their infant son died. Mr. Ogle becomes the Assistant District Attorney in 1938. The Ogles lived in this home until Mr, Ogles death In 1979. (See Continuation Sheet 3 of 4) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *614. Evaluator: Hally Soboleske *Date of Evaluation: November 5, 2015 Sketch Map l' 2431 N. Heliotrope Dr. /„ < 002-264 24 / y LD I _, \ t 10, Page 3 of 5 25A-157 State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial *Recorded by Hally Soboleske DPR 5236 (1195) *B10. Significance (continued): or # (Assigned by recorder) Re/d House "Date November 5, 2015 Mx 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 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 Reid 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 scatterer( 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 Redlster 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" (Qranga County Reo(star, 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 Hat/, the El Toro Marine Base during World War Il, and the 1960 Honer Shopping Plaza. Boner 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 (1681-1965), 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 it years, Floret 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 Floret Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Reid House qualities for listing in the Santa Ana Register of Historical Property under Criterion 1 as it is a good example of perlod architecture". All original exterior features of the Reid House are considered to be character defining and should be preserved. These features include, but may not be limited to: materials and finishes (stucco and texture); roof configuration, materials, and treatment; massing and composition; entry, doors and windows and fenestration patterns. *1312. References (continued): Harris, Cyril M. Anlerican Architecture: An Illustrated Encvclapedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana An illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Reid. 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 Archltectitra 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, (This space reserved for official comments.) History of Fbral Park htfp:Owww.floraI- park.con*age2.html Talbert, Thomas (editor-ln-chief). istricaf Volume and Reference Works including Biographical Sketches of Leading Cithens, Volume I. Whittier, Historical Publishers, 1963. Armor, Samuel. History of Orange County. 1921. *B12. References (continued): Pleasants, Mrs. J. E. History of Orange County. Los Angeles: J. R. Finnell & Sons Publishing Co., 1931, Vot_ 2, page 80 DPR 523L 25 k2l4gg 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) Reid House `Recorded byHallySoboleske *Date November 6, 2015 0 Continuation ❑ Update and Vol. 3, page 142. Santa Ana and Orange County Directories, 1923-1950 (ancestry.com). U,S. Federal Census, 1930 (ancestry.com). California Death Index (ancestry.com). Page 5 of 5 DPR 523L 25A-159 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015-14 TO PLACE THE PROPERTY LOCATED AT 2421 NORTH HELIOTROPE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2015-14 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 5, 2015, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2015-14) and categorization (Historic Resources Commission Categorization No. 2015-14) of the Reid House, located at 2421 North Heliotrope Drive, Santa Ana. B. The Reid House has distinctive architectural features of the English Revival style, and was built in 1925 by C.B. Lee as a speculative venture. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive because it is "a good example of period architecture." Character -defining features of the Reid House that should be preserved include, but may not be limited to: materials and finishes (stucco and texture); roof configuration, materials, and treatment; massing and composition; entry; doors and windows and fenestration patterns. D. The legal owner of the subject property is Ashley Phillips. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. Resolution No, 2015 -XXX 25A-160 Pagel of EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015-104 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2015-14 to place the Reid House, located at 2421 North Heliotrope Drive, Santa Ana, on the historical register, and B. Historic Register Categorization No. 2015-14 placing the Reid House, located at 2421 North Heliotrope Drive, Santa Ana, within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 5th day of November, 2015. Alberta Christy Chairperson Resolution No. 2015 -XXX 25A-161 Page 2 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 5, 2015, Date: Commission Secretary City of Santa Ana Resolution No. 2015 -XXX 25A-162 Paye 3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Owner Names Legal Description 002-064-24 2421 North Heliotrope Drive Ashley Phillips TR 425 LOT 102(LOT 101 WLY 10 FT THEREOF Exhibit A Resolution No. 2015 -XXX Page 4 of 4 25A-163 25A-164 REQUEST FOR NOVEMBER4 Y' n HISTORIC RESOURCES COMMISSION SECRETARY TITLE; PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015-15, HISTORIC REGISTER CATEGORIZATION NO. 2015-15, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015-25 FOR PROPERTY LOCATED AT 1816 NORTH ROSS STREET (STRATEGIC PLAN NOS. 5,2; Prepared by Hally Soboleske Ex'utive ' ector X 5,3) APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO _.._ Aeting P nein Manager 1. Adopt a resolution approving Historic Resources Commission Application No. 2015-15 and Historic Register Categorization No. 2015-15. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with the McNamara Family Trust, subject to non - substantive changes approved by the City Manager and City Attorney. lo_=Tm�.. The McNamara Family Trust is requesting approval to designate an existing residence located at 1816 North Ross Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property consists of a 1,697 square foot, single -story Craftsman Bungalow style residence and detached garage on a 6,969 square foot residential lot located on Ross Street between Seventeenth and Nineteenth Streets (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Resources Commission and the Santa Ana Resources Commission may, by resolution and Ordinance No. NS -2363 establishing the Historic Register of Historical Properties. The Historic at a noticed public hearing, designate as a historical 4X11[ =j Y iii C! 25A-165 HRCA No. 2015-15, HRC No. 2015-15 HPPA No. 2015-25 November 5, 2015 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Cope House, has distinctive architectural features of the Craftsman Bungalow style, and was built in 1923 by Umphrey Cope. Character defining features of the Cope House that should be preserved include, but may not be limited to, materials and finishes (wood siding and trim); original windows where extant, attic venting, massing and front facing porch (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it is a good example of period architecture. Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property 25A-166 HRCA No. 2015-15, HRC No. 2015-15 HPPA No. 2015-25 November 5, 2015 Page 3 Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015-105 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Engagement & Sustainability, Objective No. 2 (expand opportunities for environmental sustainability) and Objective No. 3 (facilitate diverse housing support efforts to preserve and improve the livability of Santa Ana neighborhoods) Hally So leske Associate Planner HS:jm WHlstorlc InfcHb1145 HMhrca15-1B hrc15-15 hppa'15.25.hm Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25A-167 Health, Livability, conservation and opportunities and I a 500' RADIUS HRCA-2015-15, HRC -2015-15, HPPA-2015-25 1815 North Ross Street PLANNING AND BUILDING AGENCY EXECUTIVE SUMMARY COPE HOUSE 1816 North Ross Street Santa Ana, CA 92706 NAME Cope House REF. NO. ADDRESS 1816 North Ross Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1923 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 551 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Craftsman Bungalow Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches Into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s (McAlester, 453-463). SUMMARY/CONCLUSION: The Cope House is substantially intact and Is designed in the Craftsman Bungalow style of architecture, and has been categorized as 'contributive" because it "is a good example of period architecture" in the Floral Park neighborhood. EXPLANATION OF CODES: • California Reais er 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.) 5: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. . California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 551: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 5 25A-169 State of California—The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary HRI # NRHP Status Code Other Listings Review Code Reviewer_ Date e names) or number (assigned by recorder) Cope House PI. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 1816 North Ross Street City Santa Ana Zip 92706 *a. Other Locational Data: Assessor's Parcel Number 002-152-08 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Cope House is designed in the Craftsman style, is roofed with asphalt shingles and clad in narrow clapboard siding. The original portion of the house is rectangular in plan, and the addition is to the rear. There are two front facing gables, one with a hipped gable end and the other with a simple gable. Both have wooden grates at the apex for attic vents. Typical of Craftsman style, there is a broad porch facing the front with graduated wooden posts supporting the roof. The porch itself is concrete and topped with used brick veneer (non -original). Both front facing windows are tripartite with a fixed center and single hung with six -over -one and lambs tongue detailing. A concrete walkway leads from the sidewalk to the house. There is a single car garage to the rear of the lot. The landscape is modest, but well -manicured. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object []Site, ❑District ❑Element of District ❑Other None. P5b. Photo: (view and date) East facing elevation September 2015 *P6. Date Constructed/Age and Sources: ■historic 1923/City of Santa Ana Building Permits 6 City Directories *P7. Owner and Address: The McNamara Family Trust 1816 N. Ross St Santa Ana, CA 92706 *P8. Recorded by: H. Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: November 5, 2015 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: []None []Location Map OSketch Map ®Continuation Sheet eBuilding, Structure, and Object Record DArchaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ORock Art Record DArtifact Record []Photograph Record O Other (list), DPR 523A (1195) *Required information Page 2 of 5 25A-170 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#: Cope House 81. Historic Name: Cope House 32, Common Name: Some B3. Original Use: Single-family Residence *B5. Architectural Style: Craftsman B4. Present. Use: Single-family Residence *B6. Construction History: (Construction date, alterations, and date of alterations): Conslructed 1923 July 1923. Residence and garage, $4,000. August 18, 1936, Reroof. Feburary9, 1948. Addition to garage. October 10, 1941. Bathroom with sitting area and 3 skylights. $16, 400. *B7. Moved? ■No ❑Yes ©Unknown Date: Original Location._ *B8. Related Features: None. 89a. Architect: Unknown h, Builder: Unknown *816. 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 Cope House Is a good example of Craftsman bungalow architecture. The house was built in 1923 for Umphrey and Mildred Cope. When they first arrived in Santa Ana, Mr. Cope worked for the Santa Fe Railroad; however, by the time they purchased this house, Mr. Cope owned a service station on 4°' and Grand Note that a service station still operates on that lot. Mr, Cope was born in Arizona on October 29, 1976. They belonged to the United Presbyterian Church. In 1930, they left Santa Ana to pursue Umphrey's dream of becoming teacher for the John Brown School, teaching mechanics, The house was purchased by Frank and Grace Margot. Franks was an engineer for Pacific Telephone, and there were both very active in the community. They belonged to the Garden Study Club, and were busy with daughter Barbara's Gid Scout Troop. They lived in the house for 45 years until Frank died in the house. He is buried in Anaheim at Melrose Abbey, Mrs. Merget passed away in 1990. (See Continuation Sheet 3 of 4) B11. Additional Resource Attributes: (List attributes and *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14. Evaluator: Hally Soboleske *Date of Evaluation: November 5, 2015 (This space reserved for official comments.) Sketch Map 1816 N. Ross ' ,raAcr,a 602-104-03 ,r a rs A (u rz o (D a 8, o` d xo UK' a Q L"g,OF A , "rox a UK @A S „ i a — t,— 1�1 W.&.. user"<,•. ,_ q DPR 523E (1/95) Page 3 of 5 *Required information 25A-171 State of California—The Resources Agency Primary it DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial "Recorded by H. Soboleske *610. Significance (continued); or # (Assigned by recorder) Cope House *Date November 5, 2015 O Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and Incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Cope 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" (Oranggk_Qounty Realster, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco -styled Old Santa Ana City Hall, the EI Toro Marine Base during World War 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 Russells own large, Colonial Revival mansion at 2.009 Victoria Drive. In the early post -World War it years, Floral Part< 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 Cope House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 3 because it possesses the characteristics of the Craftsman Bungalow style. Additionally, the house has been categorized as "Contributive" because it "is a good example of period architecture". Character -defining exterior features of the Cope House that should be preserved include, but may not be limited to, materials and Cnishes (wood siding and trim); original windows where extant, attic venting, missing and front facing porch. Page 4 of 5 DPR 623L 25A-172 State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI It CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Cope House *Recorded by H. Sobolaske *Date November 5, 2015 O Continuation ❑ Update B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WWNorlon, 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 1786. Cambridge: MIT Press, 1969. Alison Honer Dies at 84," The Santa Ana Journal September 21, 1981. "Builder of Honer Plaza Dies, "Orange County Realster, September 15, 1981. "History of Floral Pan(." htta.11www.floral-paris.comlpape2 htmt. Santa Ana and Orange County Directories, 1937-1978. Page 5 of 5 DPR 523L 25A-173 EXEMPT FROM FEES PURSUANT' TO GOVERNMENT CODE § 6103 RESOLUTION NO. 2015 -XXX. A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015-15 TO PLACE THE PROPERTY LOCATED AT 1816 NORTH ROSS STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2015-15 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 5, 2015, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2015-15) and categorization (Historic Resources Commission Categorization No. 2015-15) of the Cope House, located at 1816 North Ross Street, Santa Ana. B. The Cope House has distinctive architectural features of the Craftsman Bungalow style, and was built in 1028 by Umphrey Cope. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive because it is "a good example of period architecture." Character -defining features of the Cope House that should be preserved include, but may not be limited to: materials and finishes (wood siding and trim); original windows where extant, attic venting, massing and front facing porch. D. The legal owner of the subject property is the McNamara Family Trust. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. R The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. Resolution No. 2015 -XXX 25A-174 Page 1 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015-105 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2015-15 to place the Cope House, located at 1816 North Ross, Santa Ana, on the historical register, and B. Historic Register Categorization No. 2015-15 placing the Cope House, located at 1816 North Ross, Santa Ana, within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description;" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Properly Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 5th day of November, 2015, Alberta Christy Chairperson ResOlUtion No. 2016 -XXX 25A-175 Page 2 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 5, 2015. Date: Commission Secretary City of Santa Ana Resolution No. 2015 -XXX 25A-176 Page 3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Owner Names Legal Description 002-104-03 1816 North Ross Street The McNamara TR 256 LOT 5 BLK B S 50 Family Trust FT AND S 50 FT LOTS 6 & 7BLK B Exhibit A Resolution No. 2015 -XXX Page 4 of 4 25A-177 25A-178 REQUEST FOR Historic Resources Commission Action HiSOWC RESOLRCESCOMMSIONMEEINGDATE: NOVEMBER 5, 2015 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015-177 HISTORIC REGISTER CATEGORIZATION NO. 2015-17, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2015.26 FOR PROPERTY LOCATED AT 2215 NORTH ROSS STREET {STRATEGIC PLAN NOS. 5, 2; Prepared by Hally Soboleske ecu ' Director Log -swim it 5,3} APPROVED ❑ As Recommended ❑ As Amended • Set Public Hearing For CONTINUED TO Acting P nnin Manager i 1. Adopt a resolution approving Historic Resources Commission Application No. 2015-17 and Historic Register Categorization No. 2015-17. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with the Joseph J. Gorda, Jr, and Kim L. Payne, subject to non -substantive changes approved by the City Manager and City Attorney. Request of Applicant Joseph J. Gorda, Jr. and Kim L. Payne are requesting approval to designate an existing residence located at 2215 North Ross Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Prosect Location and Site Description The subject property consists of a 2,367 square foot, two-story Spanish Colonial Revival style residence and detached garage with parte cochere on a 7,920 square foot residential lot located on Ross Street between Santa Clara Avenue and Nineteenth Street (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT BIS 25A-179 FIRCA No. 2015-1,7 HRC No. 2015-17 HPPA No, 2015-26 November 5, 2015 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code. No known code violations exist on record for this property. The property, recognized as the Spruance House, has distinctive architectural features of the Spanish Colonial Revival style, and was built in 1930 by Elsie Whipple Spruance. Character defining features of the Spruance House that should be preserved include, but may not be limited to: exterior materials, original windows and fenestration patterns, original front door, front porch configuration, and attached porte-cochere and garage (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it is a good example of period architecture. Mills Act Aclreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits Include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property 25A-180 FIRCA No. 2015-17, HRC No. 2015-17 HPPA No. 2015-26 November 5, 2015 Page 3 Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site, At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. q In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015-106 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Engagement & Sustainability, Objective No. 2 (expand opportunities for environmental sustainability) and Objective No. 3 (facilitate diverse housing support efforts to preserve and improve the livability of Santa Ana neighborhoods) Hally Voleske Associate Planner HS:jm IiO-II»todo Info' 151105 HRMhroa15-17 hro15-17 hppa I5-29hro Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25A-181 Health, Livability, conservation and opportunities and EXECUTIVE SUMMARY SPRUANCE HOUSE 2215 North ROSS Street Santa Ana, CA 92706 NAME Spruance House REF. NO. ADDRESS 2215 North Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1930 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: Spanish Colonial Revival The Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama -California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles; and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The Spruance House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "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: 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 4 25A-183 State of California—The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI #_ PRIMARY RECORD Trinomi NRHP Status Other Listings--_-- Review istings____.._.Review Code Reviewer or number P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *b. USGS 7.5° Quad TCA 1725 *c. Address 2215 North Ross Street *e. Other Locational Data: Assessor's Parcel Number *a. County Orange County Date: City Santa Ana Zip 92706 002-111-17 Tract: 947 Lot: Por. 10 & 11 *P3a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries,) The Spruance House Is a two-story residence and is designed in the Spanish Colonial Revival style of architecture. Typical of the style, the house is clad in smooth, hand troweled stucco and topped with clay barrel tiles. The building is "L" shaped in plan with a cross gabled roofline and a front facing bay and attached ports cochere. The fagade Is horizontal with a gabled front porch with recessed entry. Windows on the bottom floor are arched and possess a tiled sill. Windows on the upper floor are rectangular wood windows. The front entry has an original six -paneled door, and the porch opening is arched. Two narrow arched fixed windows flank this front entry. The porte cochere also has a broad arched opening, and leads to the garage. Although the facade has little articulation, the arcuated facade has molded bands around each arched opening to provide ornamentation. The property Is in excellent condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building UStructure ❑Object ❑Site 001strict eElement of District ©Other P.5b. Photo: (view and date) West facing elevation August 2015 *P6. Onto Constructed/Age and Sources: ■historic 1930 *P7. Owner and Address: Kim Payne & Joseph Gorda 2215 North Ross Street Santa Ana, CA 92706 *P6. Recorded by: Hally Soboleske 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: November 5, 2015 *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 ■BUllding, Structure, and Object Record Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record OArtifect Record ❑Photograph Record O Other (list) DPR 523A (1195) Page 2 of 4 25A-184 *Required information SH,B. Nall of California—The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION NRI#_ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 5S3 "Resource Name or#: Spruance House B1. Historic Name: Spruance 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 1930 September 26, 1930. Residence and garage. $7,600. March 9, 1935. Alterations. June 23, 1967. Addition to garage. *137. Moved? ■No CIYes ❑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 1901-1954 Property Type: Single-family Residence Applicable Criteria; NR: B,C, CR: 2,3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity) The Spruance House was constructed for Mrs. Elsie Whipple Spruance. She divorced Dr. Horace Spruance on October 9, 1930 on the grounds of "desertion and failure to provide". She was an active member of the Edell Society in the Drama Section. She lived alone in the home until January 29, 1935, when she married Alan Arnold Revill. Mr. and Mrs. Revill lived In the home until 1941 when they moved to 2226 North Victoria Drive. Peter J. Vogel purchased the property. Mr. Vogel was a member of the Santa Ana Board of Education and ran for State Assembly in 1976. However, he did not win the election, and subsequently moved In 1977. The house changed hands several times after this occupancy. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *812. 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: `814. Evaluator: Hally Soboleske *Date of Evaluation: November 2015 DPR 5236 (I t95) *810. Significance (continued): Page 3 of 4 25A-185 Sketch Map Spruance House 2215 North Ross Street ffwc cross 9 ale IT *Required Information SH.B. Nall of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial by Holly Soboleske *Date November 5, 2015 21 Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered on 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 Spruance 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 Paris homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture In a wide variety of romantic styles was celebrated in the '1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco -styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing In the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. 'today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Spruance 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 is a "good example of period architecture". (Municipal Code, Section 30-2.2). Character defining features include of the Spruance House that should be preserved Include, but may not be limited to, exterior materials, original windows and fenestration patterns, original front door, front porch configuration, and attached porte-cochere and garage. *812, References (continued): Harris, Cyril M. American Architecture: An illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated Historo. 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 DG: 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. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. "The Gingerbread Lande Holiday Home Tour, 1999." Brochure. Rischard, Maureen McClintock. "People Behind Places: Enderle Center." Orange County Genealogical Society Quarterly, Decemberl993, pages 4.7. Santa Ana and Orange County Directories, 1905-1930. Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Ancestry.com Newspapers.com (This space reserved for official comments.) Page 4 of 4 DPR 523L 2 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 RESOLUTION NO. 2015 -XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2015-17 TO PLACE THE PROPERTY LOCATED AT 2215 NORTH ROSS STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2015-17 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 5, 2015, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2015-17) and categorization (Historic Resources Commission Categorization No. 2015-17) of the Spruance House, located at 2215 North Ross Street, Santa Ana. B. The Spruance House has distinctive architectural features of the Spanish Colonial Revival style, and was built in 1930 by Elsie Whipple Spruance. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive because it is °a good example of period architecture." Character -defining features of the Spruance House that should be preserved include, but may not be limited to: exterior materials, original windows and fenestration patterns, original front door, front porch configuration, and attached porte-cochere and garage. D. The legal owners of the Subject property are Joseph J. Gorda, Jr. and Kim L. Payne, E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. Resolution No. 2015 -XXX 25A-1 87 Page 1 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 G. The subject property Contributive category Municipal Code. meets the minimal standards for placement in the pursuant to Section 30-2.2(3) of the Santa Ana Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2015-106 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2015-17 to place the Spruance House, located at 2215 North Ross, Santa Ana, on the historical register, and B. Historic Register Categorization No. 2015-17 placing the Spruance House, located at 2215 North Ross, Santa Ana, within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description;" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 5th day of November, 2015. Alberta Christy Chairperson 25A-188 Resolution No. 20'15 -XXX Page 2 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By. Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission mem NOT PRESENT: Commission members W&I201r,019 Irr.ffiglu ,I wel a Eel I,rmaIII I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 5, 2015. Date: Commission Secretary City of Santa Ana Resolution No. 2015 -XXX 25A-189 Page 3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 APN Address Owner Names Legal Description 002-111-17 2215 North Ross Street Joseph J. TR 947 LOT 10 N 16.57 FT - Gerda, Jr. and EX ELY 18 FT - Kim L. Payne THEREOF(LOT 11 S 43 FT THEREOF(TR 816 LOT 8 N 43 F Resolution No. 2015 -XXX Page 4 of 4 Exhibit A 25A-190 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: AGREEMENT FOR A SECONDARY INTERNET INFRASTRUCTURE AND ACCESS SERVICES {STRATEGIC PLAN NO. 7,213) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Time Warner Cable Business Class, for internet access services as a means to provide a secondary, high - availability backup internet access service for a term of one-year (December 1, 2015 to November 30, 2016) in an amount not to exceed $24,816 annually, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City's dependence on internet service has grown over time and as a result an increase in demand on the City's internet service has occurred. The increase in demand has resulted in mom visitors to the City's website, recent deployment of private and public internet access through Wi- Fi technology, software applications that rely on internet access, higher volume of internet mail, increased adoption of mobile technologies, and growing use of information gathering via the internet. To accommodate existing demands as well as to prepare for continued growth, service capacity needs to increase, and high -availability measures must be implemented for internet service In the event of a disruption to our primary internet access service, the result would be a City-wide network service outage, severe degradation, and inaccessibility to critical systems needed for the City to conduct business. Improving the stability of the City's Internet access service is required to support operations in every City agency and departments with internet email, outgoing access to the World Wide Web and incoming access to the City's website and other mission -critical and/or web -accessible City applications. The City's Information Services Division recommends that the City enter into a one-year agreement with Time Warner Cable Business Class (Time Warner), to supply a secondary dedicated internet access service with connecting "local loop" service as a redundant high -availability backup to the current internet access service with Cogent Communications, Inc. The addition of this second line would ensure the City maintains continuous access to its internet services. The service agreement with Time Warner contains service level guarantees with monetary penalties for performance problems, which in turn would allow the City to terminate this agreement in the event of unsatisfactory performance by Time Warner. 25B-1 Agreement for a Secondary Internet Infrastructure and Access Services December 1, 2015 Page 2 The recommended agreement will also provide an additional 200 MB dedicated internet access and 125 additional Internet Protocol (IP) addresses for expanded bandwidth, redundancy, and high -availability in the event the current internet access infrastructure were to malfunction, degrade, or experience an outage or disruption in service. This additional access service will allow enough flexibility as city systems are upgraded, and come online, as Cloud services expand, and overall internal and external future internet service demands grows. Included in the service level agreement are additional 125 IP addresses necessary for connecting all applications, hardware, and systems to the internet. Given the essential nature of internet service to the City and the potential for cost savings, the City staff recommends the approval of an agreement for internet access service with Time Warner, with discounted monthly costs for a term of one-year. All other terms and conditions, including the ability of the City to exit the agreement for any reason with 30 days' notice, would remain. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7, Team Santa Ana, Objective #2 (Establish communication plans to engage and inform employees and the community about City activities), Strategy D (invest in software/resources that will help streamline the flow of information to City Staff and the public). FISCAL IMPACT Funds are budgeted and are available in the amount of $16,544 in FY 2015-2016 Technology Plan Fund and $8,272 in FY 2016-2017 Technology Plan Fund for contractual services (account no. 10910147-62300) for a total amount of $24,816 for the duration of the agreement. Fiscal Year Amount 2015-2016 $16,544 2016-2017 $8,272 APPROVED AS TO FUNDS AND ACCOUNTS: %AFrancisco Gutierrez Executive Director Finance and Management Services Agency Exhibit: 1. Agreement 25B-2 Account Executive: Olivia Ortiz Phone: (562) 677-0406 ext: Cell Phone: (562) 677-0406 Fax: (704) 697-4849 Email: olivie.ortiz@twcable.com TIME WARNER CABLE Business Class Order# 6153423 Dedicated Internet, Metro Ethernet, and Private Line Service Order Information For 20 Civic Center Piz Santa Ana CA 92701 Location Site Name Address Location Type Bandwidth 20 Civic Center Piz Santa Ana, CA 92701 Page 1 of 3 25B-3 CITY OF SANTA Business Name ANA Customer Type: Existing Customer Federal Tax ID Tax Exempt Status Tax Exempt Certificate # "0785 Billing Address Attention To:Mail Stop M-77 Account Number 20 Civic Center Plaza, SANTA ANA CA 92701 8448400260033399 Billing Contact Billing Contact Phone Billing Contact Email Address Carl J. Marek 714 647-6957 cmarek@santa-ana.ora Authorized Contact Authorized Contact Phone Authorized Contact Email Address Carl J. Marek (714) 647-6957 cmarek a Santa-ana.om Technical Contact Technical Contact Phone Technical Contact Email Address Ron Gonzalves 714 647-6948 r onzalves santa-ana.or Dedicated Internet, Metro Ethernet, and Private Line Service Order Information For 20 Civic Center Piz Santa Ana CA 92701 Location Site Name Address Location Type Bandwidth 20 Civic Center Piz Santa Ana, CA 92701 Page 1 of 3 25B-3 TIME WARNER CABLE Bus111ess Clelss New and Revised Services and Monthly Charges At 20 Civic Center Piz , Santa Ana CA 92701 Monthly Description Quantity Sales Price Recurring Total Contract Term 125 Static IP 1 $150.00 $160.00 12 Months Dedicated Internet Access 200M 1 $1 918.00 $1,918.00 12 Months *Total $2,068.00 *Prices do not include taxes and fees. One Time fees At 20 Civic Center Piz , Santa Ana CA 92701 Description Quant1tv Sales Price Total BCF Fiber Install 1 $150.00 $150,00 Total $150.00 *Prices do not include taxes and fees. Page 2 of 3 25B-4 1P TIME WARNERCABLE Business Class Special Terms The following language Is added to the Service Agreement and shall take precedence over any conflicting or inconsistent terms therein: Section 14.0 (Limitation of Liability) of the Terms and Conditions Is hereby amended by deleting the words "SIX (6) MONTHS" and replacing them with "TWELVE (12) MONTHS." Section 21.0 (Arbitration) of the Terms and Conditions is hereby amended by removing the phrase "IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK" and replacing them with "IN ORANGE COUNTY, CALIFORNIA". Section 22.0 (Governing Law; Jurisdiction; Claims) of the Terms and Conditions Is hereby amended and restated in its entirety to read as follows: 22.0 GOVERNING LAW; JURISDICTION; CLAIMS. The interpretation, validity and enforcement of the Master Agreement, and all legal actions brought under or in connection with the subject matter of the Master Agreement, shall be governed by the law of the State of California (except that any conflicts -of -law principles of such state that would result in the application of the law of another jurisdiction shall be disregarded). Any legal action brought under or in connection with the subject matter of the Master Agreement shall be brought only in the United States District Court for the Central District of California or, If such court would not have jurisdiction over the matter, then only in a California State court sitting in Orange County, California. Each party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of the Master Agreement in any other court or forum. Any claim that Customer wishes to assert under the Master Agreement must be initiated not later than one (1) year after the claim arose. Electronic Signature Disclosure you are acknowledging that you have read and agree to the Authorized Signature for Time Warner Cable Enterprises LLC Printed Name and Title Date Signed rivil-1f�fr"ttlj Maria D. Ruizar Clark of Council Page 3 of 3 CITY OF SANTA ANA Authorized Signature for Customer David Cavazos, City Manager Printed Name and Title APPROVED AS TO FORM 7Y — 1 j. J6hn M. Funk Assistant City Attorney 25B-5 document. INTLBNEI I vDICF I TFUNIFloN I rfHERNET I ctouo ''tc77 TIME WART Businea This document outlines the Serrice-LeveI Agreement ('"SLA"1 for Dedicated Intemer Amoss ("DIA") liber -based senrce (die "St vit e'). Capitalized wands used, but not defined heroin, shall have the meanings given to them m fee Tinto Warner Cable Business Class Service Agreement (including the terms and conditions, attachments, and Service Orders described Urerein, the 'Ar ieemenI") This SLA is a part of, and hereby incorporated by reference into, the Agreement. If any provision of this SI -A and any provision of the Agreement ate inconsistent or ran II cting, the inconsistent or conflicting provision of hus SLA shall coniml This SI_A document applies only to services provided aver TWC's own network (" Dn-Nel") and not to any Our (ion that is provided by a Thad parry All SLA Targets in the fable below, are measured at the individual circuit or service level, and any applicable credits are issued only far the affected On -Net circui t or service (the "Atfacted Service') I. SLA Targets for On -Net Services Il. Priority Classification A "Service Disruption" is defincr,l as an aowye, disruption o severe degradation, radial than an Excluded Disruption, teal Ill terfcr , with the aridity to a TWC network hub to It) transmit and receive network traffic on Customer's dedicated access part at the TWC network hub and (ii( exchange tie heart traffic, with another TWC network hub. The, Service Disruption period begins when Customer recalls a Service Disruption using d'WC's trouble ticketing system by contacting Customer Care, TWC acknowledges receipt of such trouble ticket, TWC validates :batthe Service IF, affected and Customer releases the Service for dealing. The Service Disruptlan ends wean the, Attected Service has been restated. "Service Degfadafion" means a degradation of the Service that is net a Service Disruption or a result at an Excluded Disruption, such as faltUl'e of trite Service to achieve the SLA Targets (or Latency / Fraine Delay, drool / Frmne Delay Variation, or pecker / Frame Loss 'Excluded Di ,ructions" Ideals 6) planned outages. (ii) routine, or urgent maintenance, (iii) time when TWC is unable to gain access to Customer's premises to troubleshoot repair 01 replace equipment or the Service, div} service atoblems resulting from arts of omissions of Cu.sturner or Customer's representatives or agents, (v) Customer earipm2nr failures, lei) Customer is not prepared to release the Service for nes Iino, and W if I Farce Majeure Events. TWC will ducally Sol vice problems as follows: 5' A. Service Disruption resulting in a fetal loss of Service: or Priority f B Service Degradminn to the point that Cusconorf is unable to use the Sorvi :e and is prepared In Blease. it for immediate testing leach a "Priority I outago'"). Priority 7 Service Degradation where Customer is able to use the Service and is not prepared to release it for ia;mediaie testing. sure Iby'r A A service problen- that ties,, not impact the Surma; or B. A songle non-r.urnT specific quality of Service mqun'y. r INTERNET I VOICE I TELEVISION I EIHERNEI I C1 0111) DEDICATED INTERNET ACCESS SERVICE -LEVEL AGREEMENT (CONT) 1P TIME WARP Busine 111. Service Availability "SerVICa Availability" is calculated as the Intal number of minutes in a calendar month less the number of minutes that the On -Net Service is unavailable due to a Priority 1 Outage l"Downtime'I, divided by the total number of minutes a a calendar month The following table contains examples of the pt wuntage of Seorwo Av akibilitp oansieted into minutes of Downtime for filo 99.99. Semite Availability Target tt 99,99% for 31 Days t t 44,640 tt 4.5 99-99% for 36 Days 43,200 43 99.99% for 29 Days 41,760 4 2 99.99% for 28 Days 40,320 4 IV. Mean Time to Restore (" MTTIR") The MTTR mea,urement for ['60hy' 1 OutacLes is the. average time to restos Priority 1 Outages during a calendar month calcufamn as fire cunmlarve feogth of time it takes TWC to restore an On -Net Service following a Priority 1 Outage, in a cafoodar month divided by the corresponding nurrbei of traubie tickets for Priority I Oul,ages opened during the calendar month for the On -Net Service. MTTR per ralendar month is calculated as follows. Cumulative length of time to restore Priority 1 Outage(s) per On -Net Service MTTR = - Total number of Priority 1 Outage trouble tickets per On -Not Service V. Latency/ Frame Delay Latency or Frame Delay is the average roundtnp neNvork delay, measured every 5 minutes during a calendar month, unless measurement is not possible as a result of an Excluded Disruption, to adegc atefy dotermine a consistent average monthly performance level for frame belay for each OnNotService l -be roundnip delay is expressedin milliseconds Ims';. TWC measures tramp dewy mr ao end-to-end basis using a standard 64 -byte ping fmm the Customer's dedicated across port at the Customer premises to the TVVC Internet access router in a mundmil fashion Latency is calculated as follows: Surn of the roundurip delay measurements for an On -Not Service Latency / Frame Delay = — Total 4 of measurements for an On -Net Service 25B-7 INIERNEI I VDICF I 'IFt FVISION 1 I RIFRNET I aeon VI. Packet Loss/ Frame Loss Ratio c TIME VVARP Busine Packet Loss of Frame Loss Hada is deined as the percentage of frames thatam not surcessfully,ocoived ran lioarerl to the total (tortes that are sent in I Colonial nondt, except whew an; packel or frame loss is thu result of an Excluded Disruption. This, percentage calculation is hosed on frames that are transmitter) from a Ioiovvak origination point and received at a network dosnnation point JTWC network hub to TNlC network huh) Packet toss /Rome Loss Ratm is calculated as follows Packet Loss / Frame Loss (°/°) =100 I°(°j — Frames Received VII. Jitter/ Frame Delay Variation Jitter or Frame Delay Variation is defined as the variation In delay for two consecutive frames that are transmitted (one way) from a network origination point and received at a nntwork riestinatirm point (TWC nenoork hub 10 TWC network bub). TVW measures a sample set of frames every 5 minutes during a calendar month, unless measurement is not possible as a result of an Excluded Otsnfp tion, and determines the average delay between consecutive frames within each sample set The monthly Jitter / Frame Dolay Variation is calculated as the average of all of the frame delay vaunted measurements during such calendar month and is expressed in milliseconds (ms). Sum of the Frame Delay Variation measurements for an On -Not Service Jitter/ Frame Delay Variation = -- -- Total # of rneasarements for an On -Net Service VIII, Network Maintenance Maintenance Notice: Customer understands that from time to time TN/C will perform ntowfu k maintenance for neiwork fmprovenoc,Is anti prevent ve trafn:enarri;. In some oases. TWC will neer) to perform urgent network maintenance, which will usually be conducted wi lhm the routine maintenance windows. TWC witf use reasonahle affo is to pravide anyance notice of the approximate time, duration, and reason for any argent maintenance outside the routine maintenance windows. Maintenance Windows: Routine meinteuarrce me,he performed Mondey - Friday 12 midnight 3 a.m. l ocal Timo. r INIFPNE7 ( WICE ( TREVISION I ETHERNET I CLOUD TIME WARNER CABLE Business Class DEDICATED INTERNET ACCESS SERVICE -LEVEL AGREEMENT (CONT.) IX. Remedies Service Credits: If the actual per of an On-NetServiceduring any calendarnnonth is less than the SLATargets, and Customer has complied with the requirements in this SLA, then Customer may request cmdo(s) equal to the pa«;entage(s1 of the mon IdyServire Charges for only the Affected Service as set forth.n the table below Amy credits will be applied as an of [set against any amounts due It Customer to TWC_ All credits must be til roquested by the Customer within 30 days of a Service Disruption or Service Degradation by calling the Customer Care Center and opening a trouble ticket, and (if) confirmed by PNCK engineering support teams as associatedwith a trouble ticket and as [ailing to meet the applicable SLA Targets Except as set forth belmv, the credits described in this SLA shall constitute Customer s, ole and esct rstve remedyand 'r*C"s stria and exclusive liability, wnh respect to I WC's failure to meet any SLA Targets. All SLA Targets are monthly measurements and Customer may request only one credit per SLA 'target per month up to a maximum of 40% of the monthly Service Charges for [lie Affected "SeRgne. Oustnpr sura[] not be eligible for croons excesding four Pp months of Customer's applicable monthly Service Charges during any catendaryear Chronic Priority 1 Outages: b Customer expenenees and reports three (3) separate Priority 1 Outages where the Downtime exceeds four (4) hours during each Priority i Outage within three 13) consecutive calendar tronths, then Customer may terminate the Affected Service without charge or liability by providing it least thirty (30} clays written price to TWC, provided, However, that (i( Customer fray only terminate the Affected Service, (it) Customer must exercise its right to tormnate the Affected Service by providing written notice to TWC rvithin thirty (30) days after opi event givinr use to Customer's termination right, bin Custcmr r shelf have paid TWC all amounts due at the time of such termination for all Set vi(:os provided by TVJC purruant to the Agreement, and (iv) the for nomination right provides the sole and exclusive remedy of Customer and the sole and exclusive liability of TWC for chronic Fi odty 1 Outages and Customer shall not be eligfole lar any aaditinnal credits. Ter-nmatlon will be effective forty-five 15) days after TW(, s=eceipt of such written notice of termination 25B-9 TIME WARNER CABLE BUSINESS CLASS Terms and Conditions 1.0 AGREEMENT These Time Warner Cable Business Class Terms and Conditions ("Terms and Conditions"), and any Time Wainer Cable Business Class Service Orders (as described in Section 2.2 below) are hereby incorporated into the Time Warner Cable Business Class National Service Agreement or the Time Wanner Cable Business Class Service Agreement, as the case may be, ("Service Agreement") and constitute the "Master Agreement" by and between Customer and TWC (collectively, the "Parties" or each individually a "Party") for the services specified on Service Orders ("Services'). The attachments to these Terns and Conditions ("Attachments") further describe TWC's services and are hereby incorporated into, and made a part of, these Terms and Conditions by this reference. The Attachments set forth additional terms and conditions for the applicable Service. "TWC" means the Time Warner Cable Enterprises LLC - affiliated entity that is providing the Services. 2.0 SERVICES AND SERVICE ORDERS 2.1 Subject to the terms and conditions of the Master Agreement, TWC shall provide Customer with the Services in accordance with any Service Order entered into by the Parties. Customer understands and agrees that certain Services may not be available in all TWC service areas and that TWC, upon entering into a Service Order with Customer may, at TWC's discretion, utilize one or more of its affiliates or third parties to deliver the Services ("Third Party Services"). The Third Party Services maybe subject to additional terms and conditions. Unless otherwise set forth, TWC shall use commercially reasonable efforts to provide the Services seven (7) days a week, twenty four (24) hours a day, excluding scheduled maintenance, required repair and events beyond TWC's reasonable control. 2.2 Customer shall request Services by issuing to TWC one or more proposed service and/or work order(s) (in the form provided or approved by TWC) or via a mutually agreed electronic order entry system. Upon TWC's acceptance of a proposed service and/or work order(s), such proposed service and/or work order(s), shall be deemed a "Service Order" hereunder and shall be, deemed incorporated into, and made a part of, the Master Agreement by this reference. A proposed service and/or work order shall be deemed accepted upon the earlier of (a) TWC's acceptance of such proposed service and/or work order in writing; or (b) TWC's commencement of delivery of Ore Service(s) set forth in such proposed service and/or work order. 3.0 SERVICE & EQUIPMENT INSTALLATION 3.1 Customer shall obtain and maintain, or ensure that each Customer employee or branch office which uses the Service (each, an "End User"), shall obtain and maintain throughout the Term, such consents (including without limitation landlord and land owner consents) as are necessary to timely permit, and shall timely permit, TWC personnel to install, deliver, operate and maintain the Services and TWC Equipment (as defined in Section 4 below) at Customer's mud any Customer End User's facilities. Customer shall permit TWC reasonable access to the Customer and any End User facilities at any time as needed to install, configure, upgrade, maintain or remove the TWC Equipment and other Service components collocated at Customer's or an End User's facilities. Customer shall make and maintain throughout the Tern all reasonable site preparations necessary to permit the installation, maintenance and operation of the Service and any TWC Equipment as specified by TWC and that is required to provide the Services. In addition, Customer shall provide TWC with floor space, rack space, other space and clean power as is reasonably necessary for the installation and 25B-10 operation of TWC Equipment at the Customer locations identified in a Service Order. Customer shall not charge TWC, and shall ensure that TWC does not incur, any fees or expenses whatsoever in connection with Customer's provision of space, power or access as described in these Terms and Conditions, or otherwise in connection with Customer's performance of its obligations pursuant to this Section 3; and any such fees or expenses charged by a Customer End User shall be home solely by Customer. 3.2 Provided that Customer properly performs all necessary site preparation and provides TWC with all required consents, TWC shall use commercially reasonable efforts to install the Service in accordance with the requested Service start date indicated on a Service Order. TWC shall provide Customer with a completion notice ("Completion Notice") upon completion of the installation of a Service. In the event that TWC is unable to install the Service in accordance with the agreed upon schedule as a result of (a) Customer's (or its End User's) failure to deliver any required materials, support or information to TWC; or (b) TWC not being able to obtain access to equipment or software at the installation location as necessary for installation of the Service, then Customer shall pay TWC the standard installation fee as identified on the applicable Attachment hereto for any installation trip made by TWC and an additional installation fee for each subsequent trip necessitated to perform the Service installation. Customer shall perforin interconnection of the Services and TWC Equipment with Customer's or an End User's equipment, unless otherwise set forth in an Attachment or agreed in writing between the Parties. 4.0 SUPPORT & MAINTENANCE TWC shall use commercially reasonable efforts to maintain the TWC-provided and installed equipment, including as applicable, any cabling, cable modems, related splitters, routers or other items (collectively, "TWC Equipment"), on TWC's side of the demarcation points used by TWC to provide the Service. Equipment and services on Customer's side of the demarcation points, as well as any other Customer -provided equipment, are the responsibility of Customer. TWC shall provide a telephone number and email address for inquiries and remote problem support for the Service. All such Customer support shall be provided only to Customer's designated personnel, as mutually agreed upon by TWC and Customer. Customer is responsible for all communications and interfaces with its End Users, In no event shall TWC be responsible for providing support for any network, equipment or software not provided and installed by TWC or for issues or problems beyond its control. Notwithstanding anything to the contrary in the foregoing, TWC shall use commercially reasonable efforts to restore any cable cuts oil the TWC network and shall keep Customer reasonably advised of such restoration progress. Customer shall provide routine operational Service support for TWC Equipment and Service components collocated at C4ustomer's or an End User's facility, including without limitation by performing reboots, as requested by TWC. 5.0 CUSTOMER OBLIGATIONS 5.1 Customer's use of the Service (including all content transmitted via the Service) shall comply with all applicable laws and regulations and the terms of the Master Agreement, Customer shall not resell or redistribute (whether for a fee or otherwise) the Service, or any portion thereof, or make any use of the Service other than for Customer's internal business purposes, mmless otherwise agreed in writing by TWC. Customer shall ensure that its End Users' use of the Service, if any, shall comply with all applicable laws and regulations and terms of the Master Agreement, TWC may audit Customer's use of the Service remotely or otherwise, to ensure Customer's compliance with the Master Agreement. 25B-11 5.2 Customer shall ensure that all TWC Equipment at Customer's and Customer's End Users' facilities remains free and clear of all liens and encumbrances, and Customer shall be responsible for loss or damage to the TWC Equipment while at Customer's or an End User's facilities. Customer is responsible for ensuring that any Customer equipment used in connection with the Services is protected from fraudulent or unauthorized access. Customer is responsible for all access to and use of the Service (whether or not such use is Fraudulent or authorized) and for the payment of all charges incurred on Customer's Service account, including any charges resulting from fraudulent or unauthorized access to any Customer equipment until such time as Customer informs TWC of such fraudulent or unauthorized access. In addition, as between the Parties, Customer is responsible for: (a) all content that is viewed, stored or transmitted via the Service; and (b) all third party charges incurred for merchandise and services accessed via the Service, if any. Customer shall conform its equipment and software, and ensure that each End User conforms its equipment and software, to the technical specifications for the Service provided by TWC. 6.0 TERM The Master Agreement shall commence on the earlier to occur of (a) the date of the last signature on the Service Agreement (the "Effective bate") or (b) TWC's cormnencereent of delivery of the Service(s) set forth in a Service Order, and shall remain in effect for the term specified in the Service Agreement, or if no term is specified, until the expiration or termination of all Service Orders (the "Tenn"). The term for the applicable Service shall be set forth in the Service Order ("Initial Order Term") and shall remain in effect until expiration as set forth in the Service Order. Unless otherwise specified in the Service Agreement, if the Customer continues to receive Services after the expiration of the Initial Order Term the Services shall renew on a month to month basis on the same terms and conditions ("Renewal Order Terra", collectively with Initial Order Term, "Order Term"), The fees for the Renewal Order Term shall be as set forth in Section 7. 7.0 PAYMENT For each Service, Customer shall pay TWC all recurring and non-recurring charges, fees and taxes, (which may include Service installation and activation charges, measured and usage -based charges, local, long distance, directory assistance and operator services calling charges, and equipment and facilities charges) (collectively the "Service Charges") as set forth on the Service Order in accordance with the following payment terms: Service Charges shall be billed to Customer on a monthly basis commencing upon Service installation, and are payable within thirty (30) days after the date appearing on the invoice. Customer must bring any billing error to TWC's attention within thirty (30) days after the date appearing on the applicable invoice or Customer waives its right to a refund or credit associated with such billing error. TWC shall not defer any charges while Customer awaits reimbursement, subsidy, discount or credit from any third party or government entity, and Customer shall have the obligation to pay all charges regardless of the status of any such reimbursement, subsidy, discount or credit. TWC shall have the right to increase Service Charges for each Service after the Initial Order Term for such Service upon thirty (30) days written notice to Customer. TWC may charge a late fee for any amounts which are not paid when due. The late fee shall be the lesser of one and one-half percent (1.5%) per month or the highest rate chargeable by law. Customer shall also be responsible for all costs of collection (including reasonable attorneys' fees) to collect overdue amounts. If TWC fails to present a charge in a timely manner, such failure shall not constitute a waiver of the charges for the fees to which it relates, and Customer shall pay such invoice in accordance with these payment terms. 25B-12 8.0 TAXES 8.1 Customer shall pay all federal, state, and local taxes, government fees, charges, surcharges or similar exactions imposed on the Services and/or products that are the subject of the Master Agreement including but not limited to state and local sales and use taxes, telecommunications taxes, federal and state universal service fiord fees and/or state and local regulatory fees to the extent applicable. TWC shall have the right to recover from Customer, and Customer shall pay, the amount of any state or local fees, charges or taxes arising as a result of the Master Agreement that are imposed on TWC or TWC's Services, or measured on TWC's receipts, slid any other costs or expenses that TWC is entitled under applicable law to pass through to or otherwise charge Customer for Customer's use or receipt of the Services. Such fees or taxes shall be invoiced to Customer in the form of a surcharge included on Customer's invoice. TWC shall be responsible for and shall pay all taxes measured by TWC's net income. To the extent that a dispute arises as to which Party is liable for fees or taxes under the Master Agreement, Customer shall bear the burden of proof in showing that the fee or tax is imposed upon TWC's net income. This burden may be satisfied by Customer producing written documentation from the jurisdiction imposing the fee or tax indicating that the fee or tax is based on TWC's net income. Customer shall provide TWC any and all documentation substantiating a claim for exemption from taxes or fees prior to the date that Services are first provided under the Master Agreement. To the extent such documentation is held invalid for any reason, Customer shall reimburse TWC for any tax or fee liability including without limitation related interest and penalties arising from such invalid documentation. 8.2 Customer acknowledges that currently, and from time to time, there is uncertainty about the regulatory classification and/or treatment of some of the Services TWC provides and, consequently, uncertainty about what fees, taxes and surcharges are clue from TWC and/or its customers. Customer agrees that TWC has the right to determine, in its sole discretion, what fees, taxes and surcharges are due and to collect and remit them to the relevant governmental authorities, and/or to pay and pass them through to Customer. Customer hereby waives any claims it may have regarding TWC's collection or remittance of such fees, taxes and surcharges. Customer understands that it may obtain a list of the fees, taxes and surcharges that TWC currently collects or passes through by writing to TWC at the following address and requesting same: Time Warner Cable .Enterprises, 7800 Crescent Executive Drive, Charlotte, North Carolina, 28217; Attention: Subscriber Tax Inquiries. 9.0 PROPRIETARY RIGIITS AND CONFIDENTIALITY 9.1 All materials including, but not limited to, any TWC Equipment (including related firmware), software, data and information provided by TWC, any identifiers or passwords used to access the Service or otherwise provided by TWC, and any know-how, methodologies or processes including, but not limited to, all copyrights, trademarks, patents, trade, secrets, any other proprietary rights inherent therein and appurtenant thereto, used by TWC to provide the Service (collectively "TWC Materials") shall remain the sole and exclusive property of TWC or its suppliers. Nothing herein is intended to convey any right or ownership interest to Customer or any other person or entity in or to such TWC Materials. Customer shall acquire no interest in the TWC Materials by virtue of the payments provided for under the Master Agreement. Customer may use the TWC Materials solely for Customer's use of the Service during any applicable Order Term and the same may not be transferred by Customer to any other person, corporation or entity. Customer may not disassemble, decompile, reverse engineer, reproduce, modify or distribute the TWC Materials, in whole or in part, or use there for the benefit of any third party. All rights in the TWC Materials not expressly granted to Customer in the Master Agreement are reserved to TWC. Customer shall not open, alter, misuse, tamper with or remove the TWC Equipment as and where installed by TWC, and shall not remove any markings or labels from the 25B-13 TWC Equipment indicating TWC (or its suppliers) ownership or serial numbers 9.2 Customer shall maintain in confidence, and not to disclose to third parties or use, except for such use as is expressly permitted, in the Master Agreement, the TWC Materials and any other information and materials provided by TWC in connection with the Master Agreement, that are identified or marked as confidential or are otherwise reasonably understood to be confidential, including but not limited to the content of the Master Agreement. 9.3 If software is provided to Customer under the Master Agreement, TWC grants Customer a limited, nonexclusive and non -transferable license to use such software, in object code form only, solely for the purpose of using the Service for Customer's internal business purposes during the Term. 10,0 MONITORING, EQUIPMENT UPGRADES AND MODIFICATIONS TWC has the right, but not the obligation, to upgrade, modify and enhance the TWC Equipment (including related firmware) and the Service and take any action that TWC deems appropriate to protect the Service and its facilities. TWC has the right to add to, modify or delete any provision of these Terms and Conditions. TWC shall notify Customer of any material adverse change to these Terms and Conditions or Service descriptions by posting such modified Perms and Conditions or Service description on the TWC web site or by email, or, if applicable, in the appropriate TWC tariff, Upon the effectiveness of any addition, modification or deletion, Customer's continued use of the Services shall constitute Customer's consent to such addition, modification or deletion, and agreement to continue to be bound by the Master Agreement. ;In any event, if TWC modifies the Services or these Terms and Conditions and such modification has a material adverse impact on Customer's ability to use the Service, Customer may, within the thirty (30) day period following the date of such modification, terminate, without penalty, the Service Order relating to the affected Service. 11.0 TERMINATION I Lt Either Party may terminate a Service Order; (a) upon thirty (30) days written notice to the other Party of the other Party's material breach of the Master Agreement or the applicable Service Order, provided that such material breach is not cured within such thirty (30) day period; (b) immediately, in the event that the other Party liquidates, is adjudicated as bankrupt, makes an assignment for the benefit of creditors, invokes any provision of law for general relief from its debtors, initiates any proceeding seeking general protection from its creditors, or is removed or delisted from a trading exchange (each a "Bankruptcy Event"); or (c) immediately, in the event that, after entering into such Service Order, TWC conducts a site survey and learns that the construction costs shall require a material increase in the Service Charges. In the event that Customer fails to comply with any applicable laws or regulations or the terms of the Master Agreement, upon thirty (30) days written notice TWC may suspend or discontinue any applicable Service in whole or in part without further notice, provided that such failure is not cured within such thirty (30) day period. In addition, TWC may immediately terminate or suspend Customer's or its End User's use of the Service if such use is determined by TWC, in its sole discretion, to be resulting in a material degradation of the TWC network, until such time as such degradation has been remedied. In the event of a suspension of Service, TWC may require the payment of reconnect or other charges before restarting the suspended Service. 25B-14 11.2 Upon the termination or expiration of the Master Agreement (including all Service Orders): (a) TWC's obligations under the Master Agreement shall cease; (b) Customer shall promptly pay all amounts due and owing to TWC for Service delivered prior to the date of termination or expiration, and any deinstallation fees, if any; (c) Customer shall promptly cease all use of any software provided by TWC tinder the Master Agreement, and shall return such software to TWC; and (d) Customer shall return to TWC or permit TWC to remove, in TWC's discretion, the TWC Equipment in the same condition as when received, ordinary wear and tear excepted. Customer shall reimburse TWC for the reasonable and documented costs of the repair or replacement, at TWC's discretion, of any TWC Equipment not returned in accordance with this Section 11, 11.3 In addition, notwithstanding anything to the contrary in the Master Agreement, in the event this Master Agreement or any Service Order hereunder terminates for any reason other than TWC's material breach or a Bankruptcy Event impacting TWC (as permitted in Sections 111(a) or (b)) or as permittod in Section I1.1(c) above, Customer shall, at TWC's discretion: (a) promptly pay TWC the full amount of the Service Charges that Customer would, have been charged for the remainder of the Initial Term or the then -current renewal term; or (b) reimburse TWC for all volume, term or other discounts and credits provided in anticipation of full performance of Customer's obligations and any unpaid portion of the installation fee set forth in the applicable Service Order(s). 11.4 The provisions of sections 7 - 9, 11 - 15, 17,1, 18, 19, 21 — 23, 25 and 26 and the Attachments shall survive the termination or expiration of the Master Agreement, 12.0 INDEMNIFICATION Customer aball defend, indemnify and hold harmless TWC, its affiliates, its service providers and suppliers and their respective officers, directors, employees and agents, from and against third party claims, losses, liabilities, darnages, costs and expenses, ipcludnig reasonable attorneys' and other professionals' fees, arising out of or relating to: (a) the use of the Service, including but not limited to a breach of Section 5 of these Terms and Conditions; (b) personal injury or property damage caused by the negligence or willful misconduct of Customer or its employees or agents; or (c) any fees, fines or penalties incurred by TWC as a result of Customer's violation of the 10% Rule as set forth in Attachment D. 13.0 DISCLAIMER OF WARRANTY CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE AND USES THE SAME AT ITS OWN RISK. TWC EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE, AND TWC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THE MASTER AGREEMENT, THE SERVICE, TWC EQUIPMENT AND TWC MATERIALS ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY I{IND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON -INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY TWC, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY, TWC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATE OR INFORMATION OR THAT ANY MINIMUM TRANSMISSION SPEED IS 25B-15 GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THE MASTER AGREEMENT, TWC DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY TWC SHALL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES TIIAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THB SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S OR AN END USER'S COMPUTER SYSTEM OR EQUIPMENT (INCLUDING NETWORK EQUIPMENT) OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR THAT RESULTS FROM, CUSTOMER'S OR ITS END USERS' USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, CUSTOMER'S OR END USERS' SENDING OR RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TWC'S THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THE MASTER AGREEMENT AND TWC DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCK SERVICE PROVIDERS UNDER THE MASTER AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE LMPLIED WARRANTIES OF MERCHANTABILITY, NON -INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT, 14.0 LIMITATION OF LIABILITY IN NO EVENT SHALL TWC BE LIABLE TO CUSTOMER, AN END USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MASTER AGREEMENT, REGARDLESS OF WHETHER TWC IIAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TWO'S AGGREGATE LIABILITY FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE MASTER AGREEMENT (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT PRODUCT LIABILITY)) SHALL BE LIMITED TO THE FEES PAID OR OWED BY CUSTOMER. UNDER TIIE SERVICE ORDER THAT IS THE SUBJECT MATTER OF TILE CLAIM IN THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM ARISES. IN NO EVENT SHALL TWC'S AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS HAVE ANY LIABILITY TO CUSTOMER UNDER THE MASTER AGREEMENT. TWC SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE SERVICE, INCLUDING THE INABILITY TO REACH 911 OR OTHER EMERGENCY SERVICES, THE INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING SERVICE PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER -PROVIDED .EQUIPMENT, FACILITIES OR SERVICES. 15.0 DISCLOSURE OF CUSTOMER INFORMATION Customer's Privacy interests, including Customer's ability to limit disclosure of certain infomration to third parties, may be addressed by, among other laws, the Federal Telecornm nications Act (the "Telecommunications Act"), the Federal Cable Communications Act (the "Cable Act"), the Electronic Communications Privacy Act, and, to the extent 25B-16 applicable, state laws and regulations. Customer proprietary network information and personally identifiable information that may be collected, used or disclosed in accordance with applicable laws is described in Attachment R (Voice Services), the Subscriber Privacy Policy, and, if applicable, in TWC's tariff, which are incorporated into, and made a part of, the Master Agreement by this reference. The Subscriber Privacy Policy is available at wrrnv.twc cot le a . In addition to the foregoing, Customer hereby acknowledges and agrees that TWC may disclose Customer's and its employees' personally identifiable information as required by law or regulation, or the American Registry for Internet Numbers ("ARIN") or any similar agency, or in accordance with TWC's Subscriber Privacy Policy or, if applicable, tariff. In addition, TWC shall have the right (except where prohibited by law), but not the obligation, to disclose any information to protect its rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril. 16.0 FORCE MAJEURE Notwithstanding anything to the contrary in the Master Agreement, a Party shall have no liability to the other due to circumstances beyond its control, including, but not limited to, acts of God, terrorism, flood, fiber cuts, natural disaster, regulation or governmental acts, fire, civil disturbance, weather, or any unauthorized access to or destruction or modification of the Service, in whole or in part (each a "Force Majeure Event"), Notwithstanding anything to the contrary in the Master Agreement, Customer may terminate the affected Service Order(s) in its entirety and without penalty if a Force Majeure Event continues for more than ten (10) consecutive days and prevents TWC from delivering the Service under such Service Order(s). 17.0 REGULATORY AND LEGAL. CHANGES, POLE ATTACHMENT AND CONDUIT CHARGES, TARIFFS 17.1 In the event of any change in applicable law, regulation, decision, rule or order, including without limitation any new application of or increase in any government- or quasi-government-hnposed fees or charges that increases the costs or other terns of TWC's delivery of Service to Customer, or, in the event of any increase in pole attachment or conduit charges applicable to any facilities used by TWC in providing the Service, Customer acknowledges and agrees that TWC may pass through to Customer any such 'increased fees or costs, but only to the extent of the actual increase, provided TWC notifies Customer at least thirty (30) clays in advance of the increase. In such case, and if such increase materially increases the fees or charges due by Customer under the Master Agreement for the applicable Service, Customer may, within thirty (30) days after notification of such increase, terminate the affected Service without incurring termination liability, provided Customer notifies TWC at least fifteen (15) days in advance of Customer's requested termination date. Furber, in the event that TWC is required to file tariffs or rate schedules with a regulatory agency or otherwise publish its rates in accordance with regulatory agency rules or policies respecting the delivery of the Service or any portion thereof, and TWC is required under applicable law to apply those rates to Customer's purchase of Service under the Master Agreement, then the terns set forth in the applicable tariff or rate schedule shall govern TWC's delivery of, and Customer's use or consumption of the Service. In addition, if TWC determines that offering or providing the Service, or any part thereof, has become impracticable for legal or regulatory reasons or circumstances, then TWC may terminate the Master Agreement and any affected Service Orders without liability, by giving Customer thirty (30) days prior written notice or any such notice as is required by law or regulation applicable to such determination. 25B-17 17.2 The Master Agreement, including the Attachments and the Service Order(s), are subject to all applicable federal, state or local laws and regulations in effect in the relevant jurisdiction(s) in which TWC provides the Services. If any provision of the Master Agreement, the Attachments, or the Service Order(s) contravene or are in conflict with any such law or regulation, then the terms of such law or regulation shall take priority over the relevant provision of the Master Agreement, the Attachments, and/or the Service Order(s), If the relevant law or regulation applies to some but not all of the Service(s) being provided tinder the Master Agreement, then such law or regulation shall take priority over the relevant provision of the Master Agreement, the Attachments, and the Service Order(s) only for purposes of those Service(s) to which the law or regulation applies. Except as explicitly stated in the Master Agreement, nothing contained in the Master Agreement shall constitute a waiver by TWC of any rights under applicable laws or regulations pertaining to the installation, operation, maintenance or removal of the Services, facilities or equipment. 18.0 ENTIRE AGREEMENT The Master Agreement, including without limitation all Attachments, sets forth the entire agreement between the Parties with respect to the subject matter hereof and supersedes all previous written or oral agreements or rep7gsentations between the Parties with respect to such subject matter. 19.0 ORDER OF PRECEDENCE Each Service shall be provisioned pursuant to the terms and conditions of the Master Agreement. In the event that TWC permits a Customer to use its own standard purchase order form to order the Service, the Parties hereby acknowledge and agree that the terms and conditions hereof shall prevail notwithstanding any variance with the terms and conditions of any purchase order submitted by Customer, and any different or additional terns contained in such purchase order shall have no force or effect. To the extent that the terms of any Service Agreement or Service Order are inconsistent with the terms of these Terms and Conditions, the terms of the Service Agreement then the terms of the Service Order shall control. 20.0 COMPLIANCE WITH LAWS As between the Parties, TWC shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to TWC's operation and provision of the Services as contemplated in the Master Agreement, and Customer shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by Law with respect to Customer's use of the Services as contemplated in the Master Agreement. Unless specified otherwise in the Master Agreement, each Party shall give all notices, pay all fees and comply with all laws, ordinances, rules and regulations relating to its performance obligations specified in the Master Agreement. 21.0 ARBITRATION EXCEPT FOR CLAIMS FOR INJUNCTIVE RELIEF, AS DESCRIBED BELOW, ANY PAST, PRESENT, OR FUTURE CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THE MASTER AGREEMENT SHALL BE BROUGHT IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK AND SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, INCLUDING, IF APPLICABLE, THE 25B-18 SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER RELATED DISPUTES. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. THE ARBITRATOR OF ANY DISPUTE OR CLAIM BROUGHT UNDER OR IN CONNECTION WITH THE MASTER AGREEMENT SHALL NOT HAVE THE POWER TO AWARD INJUNCTIVE RELIEF; INJUNCTIVE RELIEF MAY BE SOUGIIT SOLELY IN AN APPROPRIATE COURT OF LAW. NO CLAIM SUBJECT TO ARBITRATION UNDER THE MASTER AGREEMENT MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION BEFORE A COURT OF LAW. THE ARBITRABILITY OF DISPUTES SHALL BE DETERMINED BY THE ARBITRATOR. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. IF ANY PORTION OF THIS SECTION IS HELD TO BE UNENFORCEABLE, THE REMAINDER SHALL CONTINUE TO BE ENFORCEABLE, 22.0 GOVERNING LAW; JURISDICTION; CLAIMS The interpretation, validity and enforcement of the Master Agreement, and all legal actions brought under or in connection with the subject matter of the Master Agreement, shall be governed by the law of the State of New York (except that any conflicts -of -law principles of such state that would result in the application of the law of another jurisdiction shall be disregarded). Any legal action brought under or in connection with the subject matter of the Master Agreement shall be brought only in the United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then only in a New York State court sitting in the Borough of Manhattan, City of New York. Each party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of the Master Agreement in any other court or foram. Each Party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of the Master Agreement in the Federal or state courts sitting in the Borough of Manhattan, City of New York, and agrees not to plead or claim in such counts that any such action has been brought in an inconvenient forum. Any claim that Customer wishes to assert under the Master Agreernent must be initiated not later than one (1) year after the claim arose. 23.0 SEVERABILITY; WAIVER In the event that any portion of the Master Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties set forth in the Master Agreement and the remainder of the Master Agreement shall remain in fall force and effect. No waiver of any breach or default under the Master Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. To be legally binding on TWC, any waiver must be in writing. 24.0 ASSIGNMENT Customer may not assign the Master Agreement without the prior written consent of TWC, and any assignment in violation of this Section shall be null and void TWC may assign its rights and obligations under the Master Agreement including, without limitation, in whole or in part, to any affiliate without the prior written approval of or notice to Customer. Customer understands and agrees that, regardless of any such assignment, the rights and obligations of TWC in the Master Agreement may aortae to, or be fulfilled by, any affiliate, as well as by TWC and/or its subcontractors, 25B-19 25.0 PUBLICITY Customer may not issue a press release, public announcement or other public statements regarding the Master Agreement without TWC's prior written consent. 26.0 NO THIRD PARTY BENEFICIARIES; RELATIONSHIP OF THE PARTIES There are no third party beneficiaries to the Master Agreement. The Parties to the Master Agreement are independent contractors. 27.0 TWC.COM Customer agrees that its use of the Time Wanner Cable site shall comply with the Site Terms of Use and Site Privacy Policy available at http:// www.tiniewaniercable.coin_/en/btisiness-home/iegal'priv_,,t poliey.1unil 28.0 NO'T'ICES Any notice under the Master Agreement shall be given in writing and shall be deemed to have been given when actually received by the other Party. Notices shall be delivered to Customer and TWC at the respective addresses set forth above, or to such other address as is provided by one Party to the other in writing. Notices to TWC shall include a cc to: Time Warner Cable Enterprises LLC, 60 Columbus Circle, New York, New York, 10023, Attn: General Counsel, Fax: (212) 364-8254. 29.0 COUNTERPART'S The Master Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 25B-20 Attachment A Business Class Cable TV Service ("Cable TV Service") Cable TV Service; If Customer selects to receive the Cable TV Service, TWC shall provide basic and standard cable services. Music Choice(l shall be considered a part of the Cable TV Service. Customer understands and agrees that premium program services, such as HBO, Cinemax, Showtime, and The Movie Channel, may not be received or shown on any television receivers located in any public areas, such as lounges, dayrooms, visiting areas or other common areas used by groups or the general public, nor shall Customer authorize or approve of any copying, taping or duplicating thereof. TWC shall have the right to add, modify, or delete channel line-ups. Customer's use of the Cable TV Service is subject to the following additional terms and conditions: • In the event that changes in technology require the use of specialized equipment to continue to receive Cable TV Services, TWC shall provide such TWC Equipment and Customer shall pay for such TWC Equipment at the same rate charged by TWC to commercial customers in the municipality in which Customer's property receiving the Cable TV Service is located. s Customer shall take all necessary precautions to ensure that the Cable TV Service is received only by authorized parties, and that no part of the Cable TV Service is received at any other location, including but not limited to locations where an admission fee, cover charge, minimum or like sum is charged. Without limiting the generality of the foregoing, Customer understands and agrees that the Cable TV Service is provided solely for use by Customer at the Customer's premises. Customer may not resell the Cable TV Service, or any portion thereof, redistribute the Cable TV Service, or any portion thereof, whether or not Customer receives compensation for such redistribution, or otherwise connect or provide access to the Cable TV Service, or any portion thereof, to any other person or entity. • Customer shall not order, or attempt to order, UFC, Boxing or other video programming which is authorized for distribution to TWC residential subscribers only. • Customer shall permit TWC to conduct audits at periodic intervals as needed to ascertain, among other things, the nrunber of television sets receiving the Cable TV Service. • In the event that any TWC audit reveals that Custome'r's usage of the Cable TV Service exceeds Customer's rights under the Master Agreement, Customer shall pay TWC an amount equal to one and a half times the Service Charges that would have been due for such excessive usage as liquidated damages and not as a penalty. In addition, Customer shall either discontinue any excess usage or thereafter continue to pay the applicable Service Charges for such additional usage. * Customer shall not interfere with, alter or substitute any of the programs, information or content offered as part of the Cable TV Service, which are transmittod over any of the channels provided hereunder without the prior written consent of TWC. 25B-21 • Customer acknowledges that certain uses by Customer of music contained in programming on TWC video services may constitute "public performances" of such music and may subject Customer to additional licensing requests from ASCAP, BMI and/or SESAC ("PROs"). TWC is not responsible for any fees due to PROs on account of public performances by Customer of music contained in TWC video service. Music ChoiceV service is licensed to Customer for commercial use, but may not be used in any Glance hall, discotheque, skating rink, arena or other similar establishment or any establishment where an entry fee is charged. • The monthly service charges set forth in a Service Order for Cable TV Service do not include applicable taxes, regulatory fees, franchise fees and public access fees. Notwithstanding anything to the contrary in the Master Agreement, the monthly service charges for the Cable TV Service are subject to change in accordance with commercial Cable TV rate increases applied to commercial customers. 25B-22 Attachment B Business Class Phone Service and Business Class PRI Service (collectively, "Voice Services") Business Class Phone Service; If Customer selects to receive the Business Class Phone Service, Customer will receive telephone service consisting of one or more telephone lines and a variety of features, as described more fully in the applicable Service Order. Customer shall also have the option of selecting to receive Business Class Phone Service as part of a TWC "Teleworker" bundle to provide telephone service to up to two (2) phone lines per End User of Customer, at the End User residential location of the End Users set forth on a Service Order, If Customer selects to receive Business Class Phone Service as part of a TWC "Teleworker" bundle, Customer represents and warrants that Customer has obtained all legally -required consents and other permissions from End Users receiving the Business Class Phone Service to enable TWC to repot usage, billing and other identifying information regarding each such End User directly to both Customer and to the applicable End User. Business Class PRI Service: If Customer selects to receive the Business Class PRI Service, Customer will receive voice and call processing services via a full or fractional DS -1 level Primary Rate Interface ("PRP') connection to Customer's private branch exchange ("PBX") or other equipment facilities and services ("Customer -provided equipment" or "CPE"), and a variety of features, as described more fully in the applicable Service Order. As a Business Class PRI Service customer**, Customer will receive: Alternate Routing: automatically reroutes all incorning calls to a pre -determined phone number in the event of a PRI service outage, PBX outage, or power outage affecting inbound call processing. In addition, as a Business Class PRI Service customer**, Customer may select to receive the following Business Class PRI Service option: Trunk Overflow: automatically reroutes all inbound calls to a pre-deterrnined phone number when all channels are in use. Customer's use of the, Voice Services is subject to the following additional terms and conditions: Customer acknowledges that the voice -enabled cable modem used to provide Business Class Phone Service mud the Integrated Access Device ("IAD") used to provide the Business Class PRT Service are electrically powered and that the Voice Services, including the ability to access 911 services and alarm, security, medical and other monitoring services, may not operate in the event of an electrical power outage or a TWC network service interruption. Customer also acknowledges that, in the event of a power outage at Customer or any End User's facility, any back-up power supply provided with a TWC-provided voice -enabled cable modem or IAD may enable service for a limited period of time or not at all, depending on the circrunstances, and that the use of a back-up power supply does not ensure that the Voice Service will be available in all circumstances. Customer shall specifically advise every end user of the Voice Service that the Business Class voice -enabled customer premises equipment is electrically powered and, in the event of a power outage or Time Warner Cable notwork failure, the Voice Service and E911 may not be available, Customer shall distribute to all end users of the Voice Services labels/stickers (to be ,supplied by TWC) and instruct all end users of the 25B-23 Voice Services to place them on our near the equipment used in conjunction with the Voice Service. The location and address associated with the Voice Service will be the address identified on the Service Order (the "Master Address"). Customer is not permitted to move TWC Equipment from the Master Address in which it has been installed, If Customer moves the voice -enabled cable modem or IAD to all address other than the Master Address identified on the Service Order, calls from the modern or IAD to 911 will appear to 911 emergency service operators to be coming from the Master Address identified on the Service Order and not the new address. In some geographic areas, the Voice Service does not provide the capability to support Enhanced 911 service from multiple locations or from a location other than the Master Address. In those areas, if Customer intends to assign telephone numbers to one or more locations other than the Master Address, Customer shall obtain from the incumbent LEC, a competitive LEC, or Time Warner Cable a local telephone line or lines and ensure that (1) the address(es) associated with the additional location(s) are loaded into the 911 database by the provider of the local telephone line(s) such that 911 calls will 'deliver to the 911 answering point the actual location and address of the 9'11 caller and (2) all 911 calls originated From the additional location(s) are transported and delivered over those local telephone lines. In such areas, Customer further agrees to defend, indemnify and hold harmless TWC, its affiliates, its service providers and suppliers and their respective officers, directors, employees and agents, from and against third party claims, liabilities, damages and expenses, including reasonable attorneys' and other professionals' fees, arising out of or relating to 911 calls made by end users of the Voice Service from locations other than the Master Address. Customer will be notified by TWC as to whether the Voice Services to which Customer subscribes include the capability to support Enhanced 911 service from multiple locations or from a location other than the Master Address, Customer agrees that TWC will not be responsible for any losses or damages arising as a result of the unavailability of the Voice Service, including the inability to reach 911 or other emergency services, the inability to contact a security system or remote medical or other monitoring service provider or any failure or fault relating to Customer -provided equipment, facilities or services; the use of third -patty enterprise 911 solutions or Customer's attempt to access the Voice Service from a remote location. Customer acknowledges that TWC does not guarantee that the Voice Service will operate with alarm, security, medical and/or other monitoring systems and services or Customer -provided equipment, facilities and services ("Alarm Services"). Customer must ensure that all Alarm Services and related signal transmission services are tested to validate that they remain fully operational after installation of Voice Service. Customer is solely responsible for obtaining such testing from the appropriate Alarm Service providers, ensuring that such testing is completed in a timely manner, and confirming that the Alarm Services and any related Customer -provided equipment, facilities and systems that are connected to the Voice Service operate properly, Customer is solely responsible for any and all costs associated with this activity. TWC's obligation is to provide Voice Service to the customer -accessible interface device or equipment installed by TWC at the TWC network demarcation point on the Customer's premises. Customer is solely responsible for coordinating and completing any and all rearrangement, augmentation and configuration of Customer -provided equipment, facilities and systems to be used with the Voice Service and connecting such equipment, facilities and systems to the TWC network interface device or equipment. Customer must notify TWC at least seventy-two (72) hours prior to the Customer's scheduled installation appointment if the Customer seeks to reschedule installation for any reason. Additional charges may apply for non-standard installation and missed installation appointments. 25B-24 Customer agrees to provide TWC and its authorized agents with access to Customer's internal telephone wiring at the network interface device or at some other minimum point of entry in order to facilitate the installation and operation of the Voice Service over existing wiring. Customer hereby authorizes TWC to make any requests from Customer's landlord, building owner and/or building manager, as appropriate and to make any requests necessary to other or prior communications service providers as necessary and appropriate to ensure that TWC has all access to inside wiring and cabling necessary and sufficient to efficiently and securely install the Voice Service and all related equipment. Information relating to Customer calling details ("Calling Details"), including the quantity, configuration, type, destination and amount of Voice Service usage by Customer, and information contained in Customer's bills (collectively, "Customer Proprietary Network Information" or "CPNI"), that is obtained by TWC pursuant to its provision of the Voice Service will be protected by TWC as described herein, in the Time Warner Cable Privacy Policy and in accordance with applicable federal and state requirements. Notwithstanding the foregoing, the following shall not be CPNI: (i) Customer's directory listing information, and (ii) aggregated and/or compiled information that does not contain customer -specific references, even if CPNI was used as a basis for such information. TWC may use and disclose Calling Details and CPNI when required by applicable law. TWC may use Calling Details and CPNI and share (including via e-mail) Calling Details and CPNI with its partners and contractors, as well as with Customer's employees and representatives, without Customer consent: (i) to provide services and bills to Customer; (ii) pursuant to applicable law; (iii) to protect the interests of TWC, Customer and related parties in preventing fraud, theft of services, abuse, harassment and misuse of telephone services; (iv) to protect the security and integrity of TWC's network systems; and (v) to market additional TWC services to Customer that are of the same category as the services that Customer purchases from TWC. TWC will obtain Customer's consent before using Calling Details or CPNI to market to Customer TWC services that are not within the categories of services that Customer purchases from TWC. Customer agrees that, except as provided in Section 14.0 of the Terms and Conditions slid applicable law, TWC will not be liable for any losses or damages arising as a result of disclosure of Calling Details and CPNI. Customer may obtain from TWC Calling Details showing Customer's outbound calls made within a trailing 90 -day period. Customer may access this information by logging in through C'ustomer's secure account information page on TWC's web portal or by requesting such information in writing or by telephone call to TWC. If Customer has not been assigned a designated account representative, TWC will respond to Customer requests for Customer Calling Details only in compliance with TWC's then -current authentication requirements and applicable law. Such authentication requirements may require Customer to obtain a secure password, which may be required for both online and telephone requests for Calling Details. TWC will provide the requested Calling Details by sending a printout or CD containing the requested information to the Customer's account address of record or by malting the document or information available to Customer or Customer's employee at a TWC retail location upon presentment of a valid govemment-issued photo ID by Customer. TWC will notify Customer of any requests to change account passwords, activate online account access and change Customer's account address of record, TWC may provide such notice by voicemail, by email or by regular mail to Customer's prior account address of record. If TWC has assigned a designated account representative to Customer, Customer may identify a person or persons who are authorized to request Calling Details from the designated account representative, with or without further identity authentication, at Customer's option, and may designate the means by which TWC will provide such information to Customer (e.g., electronically, by fax, by mail, orally or otherwise) ("Calling Detail Preauthorization Plan"), Therea£tor, TWC will provide requested Calling Detail in accordance with the Calling Detail Preauthorization Plan. 25B-25 Customer is responsible for: (i) ensuring that TWC receives timely notice of any changes to the list of authorized individuals (ii) the accuracy of Customer -defined additional authentication information and practices; and (iii) maintaining the security and confidentiality of the Calling Detail Preauthorization Plan. TWC will not be liable to Customer for any disclosure of Calling Detail (including CPNI) that occurs if TWC has complied with the Calling Detail Preauthorization Plan. In the event that a material error or omission in Customer's directory listing information, regardless of form, is caused by TWC, Customer's sole and exclusive remedy shall be a partial service credit in an amount set by TWC's then - current standard policies or as prescribed by applicable regulatory requirements, if any. Notwithstanding the foregoing, TWC shall have no other liability for any error or omission in any directory listing information. If a minutes of use ("MOU") package minutes are exceeded, any additional minutes will be charged at the standard domestic long distance rates listed at www.twe.com/business. If a Business Class PRI Service customer elects to receive the Trunk Overflow or Alternative Routing option(s), Customer is responsible for turning the applicable option(s) on and setting up or changing the applicable destination number(s) via the TWC customer portal, and ensuring that the receiving telephone number(s) has adequate capacity to accept the calls generated as a result of these options. if the receiving telephone number is charged as domestic long distance, charges will be applied agsunst Customer's MOU package on the account or, if exceeded, at the applicable long distance rates. ** For those caustonrers that purchased the Business (lass PRI Service prior to April 1, 2019, Trunk Overflow and Alternative Routing may be available on an individual case basis, as deteradn:d by TPVC. Please contact your TPVC sales representattve forfirrther information. 25B-26 Attachment C Branch Office Connectivity Service, Broadband high Speed Data, Wideband Internet and Dedicated Internet Access (collectively, "Data Services") Branch Office Connectivity Service ("BOC Service"): If Customer selects to receive the BOC Service, TWC shall provide connectivity from the number of Customer branch offices set forth in a Service Order to the Customer's data network. Customer shall be permitted to connect any number of computers within Customer's identified branch offices to the BOC Service, provided that use does not exceed the standard bandwidth provided by TWC. Broadband High Speed Data and Wideband Internet ("HSD Service"); If Customer selects to receive the HSD Service, TWC shall provide connectivity from the number of Customer sites set forth in a Service Order to the Customer's data network. Customer shall be permitted to connect any number of computers within Customer's identified sites to the HSD Service, provided that use does not exceed the standard bandwidth provided by TWC. Customer shall also have the option of selecting to receive the HSD Service as part of a TWC "Teleworker" bundle to provide internet connectivity at the residential location of the limited number of End Users of Customer set forth on a Service Order, If Customer selects to receive the HSD Service as part of a TWC "Teleworker" package, Customer represents and warrants that Customer has obtained all legally -required consents and other permissions from End Users receiving the HSD Service to enable TWC to report usage, billing and other identifying information regarding each such End User directly to both Customer and to the applicable End User. Dedicated Internet Access ("DIA Service"): If Customer selects to receive the DIA Service, TWC shall provide Customer with a dedicated, scalable connection over a packet -based infrastructure with Internet service provider ("ISP") peering between Customer's data network identified on a Service Order and the TWC facility identified on a Service Order. Customer's use of the Data Services is subject to the following additional terms and conditions . TWC's provision of any Data Service is subject to availability, • TWC shall allow Customer employees to use (however in no event shall TWC be responsible for) a Virtual Private Network ("VPN") and to allow the VPN to pass through the cable modem of any Data Service, as applicable, provided that TWC shall have the right to disconnect (or demand the immediate disconieetion of) any such Data Service that degrades any service provided to other subscribers on the TWC network. • Customer shall not upload, post, transmit or otherwise make available on or via the Data Service any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, that in the circumstances would be obscene or indecent, that constitutes hate speech, that is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. TWC may remove content that in its judgment violates these standards. • TWC shall have the right, but not the obligation, to: (a) monitor traffic and content on its network, in its sole discretion, including through the use of automatic content filters (including without limitation spam, vials, aid adult language sniffers and filters); and (b) monitor Customer's bandwidth utilization and to limit excessive use of bandwidth 25B-27 (as determined by TWC) as TWC deems appropriate to efficiently manage its network In the event that any TWC audit reveals that Customer's usage of a Data Service exceeds Custorner's rights under the Master Agreement, Customer shall pay TWC an amount equal to one and a half times the Service Charges that would have been due for such excessive usage as liquidated damages and not as a penalty, In addition, Customer shall either discontinue any excess usage or thereafter continue to pay the applicable Service Charges for such additional usage. In addition, TWC shall have the right, but not the obligation, to: (i) review public content associated with the Data Services, including chat rooms, bulletin boards and forams, in order to determine compliance with the Master Agreement and any rules now or hereafter established by TWC; and (ii) remove (or demand the removal of) any such content that TWC determines to be unacceptable or to violate the terms of the Master Agreement or any bandwidth utilization limitations. • Each tier or level of Data Services has limits on the maximum throughput rate at which Customer may send and receive data at any time and the maximum throughput rate may be achieved in bursts, but generally shall not be sustained on a consistent basis. The throughput rate experienced by Customer at any time shall vary based on numerous factors, including without limitation, the condition of Customer's inside wiring, computer configurations, Internet and TWC network congestion, time of day and the accessed website servers, among other factors, 25B-28 Attachment D Business Class Data Transport Services: Ethernet Solutions ("Ethernet Service") Ethernet: If Customer selects to receive the Ethernet Service, TWC shall provide Customer with a dedicated circuit connection between Customer's data network and the TWC. facility identified on a Service Order. The Ethernet Services shall be limited to the capacity set forth on a Service Order. Customer's use of Ethernet Service is subject to the following additional terms and conditions: • TWC's provision of Ethernet Services is subject to availability. • TWC shall have the right to disconnect (or demand the immediate disconnection of) any such Ethernet Service that degrades any service provided to other subscribers on the TWC network. • Customer shall not transmit or otherwise make available on or via the Ethernet Service any material (including any message or series of messages) that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, obstructive, harassing, libelous, invasive of privacy or publicity rights, that in the circumstances would be obscene or indecent, that constitutes hate speech, that is otherwise offensive or objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. • TWC shall have the right, but not the obligation, to (a) monitor traffic and content on its network, in its sole discretion, including through the use of automatic content filters (including without limitation spam, virus, and adult language sniffers and filters); and (b) monitor Customer's bandwidth utilization and to limit excessive use of bandwidth (as determined by TWC) as TWC deems appropriate to efficiently manage its network. In the event that any TWC audit reveals that Customer's usage of the Ethernet Service exceeds Customer's rights under the Master Agreement, Customer shall pay TWC an amount equal to one and a half times the Service Charges that would have been due for such excessive usage as liquidated damages and not as a penalty. In addition, Customer shall either discontinue any excess usage or thereafter continue to pay the applicable Service Charges for such additional usage. • Each tier or level of Ethernet Service has limits on the maximum throughput rate at which Customer may send and receive data at any time and the maximum throughput rate may be achieved in bursts, but generally shall not be sustained on a consistent basis. The throughput rate experienced by Customer at any t me shall vary based on numerous factors, including vAthout limitation, the condition of Customer's inside wiring, computer configurations, Internet and TWC network congestion, time of day and the accessed servers, among other factors. • Customer represents and warrants that Customer's use of Ethernet Services shall be such that the Ethernet Service shall be deemed jurisdictionally interstate, pursuant to the Federal Communications Comtnission's mixed use "10% Rule" (47 C.P. R. 96,154, 4 FCC Red, 1352), and shall notify TWC in the event of breach or threatened breach of the foregoing, If, as a result of Customer's use of Ethernet Services, the Ethernet Services are deemed not to be jurisdictionally interstate pursuant to the 101/c Rule, then Customer shall be liable for any resulting fees, fines, penalties and costs incurred by TWC. In addition, if TWC determines that Customer's use of the Ethernet Services is likely to be deemed not to be jurisdictioaally interstate, and therefore that TWC's provision of the Ethernet Services is lilcely to put TWC's franchises, licenses, permits or business at risk, or otherwise cause regulatory problems for TWC, then TWC may immediately suspend the provision of any or all Ethernet Service under any or all affected Service Orders until such time as either (a) Customer provides TWC with satisfactory assurances that Customer's use of Ethernet Services shall be deemed to be jurisdictionally interstate or (b) TWC is otherwise brought into full compliance with any applicable laws and regulations. 25B-29 Attachment E** Access to Business Class Cloud Services — Hosted Exchange and SharePoint ("Cloud Services") Cloud Services: The Clouts Services include messaging (Hosted Exchange) and collaboration (SharePoint 2010) services offered via the Microsoft suite. Customer can elect to receive the Hosted Exchange service only or both the Hosted Exchange and SharePoint 2010 services. Customer cannot receive the SharePoint 2010 service only. Customer's access to and use of the Cloud Services shall be managed through the TWC Cloud Services portal (the "Cloud Services Portal"). 1. Prerequisite. In order to receive the Cloud Services, Customer must (a) be an existing customer of a Data Service (as defined in Attachment C) or (b) purchase the Cloud Services in conjunction with Customer's purchase of a Data Service. If, a Customer's Data Services are cancelled or terminated for any reason, Customer's Cloud Services shall terminate immediately without notice from or liability to TWC. 2. Term. The Cloud Services are available for purchase on a fixed tern basis of 1 year or greater and on a month-to- month basis. Customer's selected Order Tenm will be designated on the applicable Service Order. 3. SharePoint 2010 Generally. SharePoint 2010 is a platform that allows customers to share information and collaborate efficiently through team workspaces, document storage and content management. SharePoint 2010 enables users to locate information quickly and efficiently and work with others more productively. 4. Hosted Exchange Generally. Subject to the minimum commitment in Section 6 below, the Hosted Exchange service can include one or more of the following types of mailboxes, as well as BlackBerry Access, only its designated on a Service Order or as added by Customer through the Cloud Services Portal: Premium Mailboxes, Standard Mailboxes, Basic Mailboxes and/or Resource Mailboxes. Feature/Functionality Premium Mailboxes Standard Mailboxes Basic Mailboxes Resource Mailboxes* _ Mailbox Storage 25GB 25GB 2GB 2GB — alendar 1=reelBusy Service Included Included Only via OWA Included Global Address Book ccess Included Included Only via OWA Listed as a resource Outlook . Web Access WA, POPIIMAP Included Included Included Included Disclaimer Text — Included Indutled Not Incauded — Not Included Shared Calendar and Contacts Included Included Not Included Not Included Outlook Desktop Client Included -- Not Included Not. Included - Not Included Mobility via ActiveSync Included Included Not Included Not included Mobility for BiackBarry Opflonal Optional Not Included Not Included *A Resource Mailbox is a mailbox that represents conference rooms and company equipment. Resource mailboxes can be included as resources in meeting requests, providing a way to manage the scheduling of resources for an organization. 5. Additional Services. The Hosted Exchange service includes Advanced Anti-Virus/Anti-Spam. For an additional charge, Customers also can elect to receive Archiving and/or Encryption services as part of their Hosted Exchange service. Archiving and/or Encryption fees will not begin to accrue per each mailbox until the applicable mailbox becomes active. 25B-30 6. Minimum Commitments and Volume Discounts for Hosted Exchange. Notwithstanding anything to the contrary, Customer is subject to the following minimum commitments with respect to the Hosted Exchange services; a. Customer agrees to purchase a minimum of 3 Premium Mailboxes, or 3 Standard Mailboxes or a combination of 3 Premium Mailboxes and Standard Mailboxes. If Customer's Order Team is on a month- to-month basis, during the Order Term, Customer is required to purchase and pay for a minimum of 3 Premum Mailboxes, 3 Standard Mailboxes, or a combination of 3 Premium Mailboxes and Standard Mailboxes. If Customer's Order Terni is on a fixed term of 1 year or greater, during the Order Tenn, Customer is required to pay for the minimum charges set forth in Customer's initial Service Order regardless of whether Customer uses any or all such mailboxes. b. Volume discounts are available for Cloud Services purchased on a fixed term basis of 1 year or greater, The initial volume discount tier for Customer's Cloud Services is determined by the total number of mailboxes sold to Customer at the time of the initial Service Order for the Hosted Exchange service. Any mailboxes added by Customer via the Cloud Services Portal will be provided at the same volume discount tier as those mailboxes set forth in the initial Service Order. Volume discounts are not available for Cloud Services purchased on a month-to-month basis. c. The minimum commitments in this Attachment E shall apply throughout the Order Term for the Hosted Exchange service, regardless of whether Customer actually uses and/or decommissions such mailboxes. 7. Customer Administrator. At the time of placement of the hritial Service Order for the Cloud Services, Customer is required to designate a "Customer Administrator" and provide TWC with an email address for the Customer Administrator. The email address provided must use a domain name that is different than the Customer domain(s) used for the Hosted Exchange service. This email address will be used by TWC for purposes of communicating with Customer, including delivery of initial welcome credentials and account information. The Customer Administrator will be provided a user name, password and URL for access to and use of the Cloud Services Portal. The Customer Administrator will have the authority to make changes to Customer's Cloud Services account including cancellation of and/or adding or deleting mailboxes to the Cloud Services to the extent permitted by the Terms and Conditions or this Attachment E. The Customer Administrator may also appoint a secondary administrator with the authority to make such changes. 8, Information. Customer acknowledges that it is Customer's and it's End Users' responsibility to ensure that any data or information submitted to TWC daring the provisioning of the Cloud Services (e.g. Customer Administrator name and email contact and payment information) is true, accurate and up-to-date. Customer shall keep TWC informed of any changes in any such information, 9. Service Activation. In order for an End User to use the Cloud Services, the Customer Administrator must first activate and assign a mailbox to the applicable End User, including setting the End User profile and configuring appropriate services for each End User account. ;Upon service activation, End Users will have the option of migrating their existing email accounts to Customer's Cloud Services dornain(s). Customer Administrator and End Users may migrate their existing email accounts by using the documentation suck, if applicable, the migration tool (Migration Wizard) provided by TWC. Customer's and its End User's use of the migration tool is conditioned upon Customer's representation that Customer has the right to provide TWC and its third party 25B-31 providers with (a) access to the applicable email mailboxes and the content thereof, and (b) the right to capture and transfer all materials included as part of such email mailboxes. 10. Customer Care Support. a. Service Activation Support. TWC offers phone, email and remote support to assist with Customer's service activation efforts as part of the Cloud Services, The TWC care team is available to assist Customer Administrator and End Users as follows: ❑ Setting up customer accounts. ❑ Configuring Cloud Services on behalf of Customer. ❑ Logging on to the End User's PC and installing Outlook client on the End User's behalf. ❑ Receiving Customer and End User credentials and configuring the automatic email migration tool to migrate emails from their previous email domain to the TWCBC email domain. ❑ Setting up Customer Outlook profiles, permitted user lists and blocked user lists. ❑ Helping Customer perform updates and changes on the Cloud Services Portal on behalf of Customer. ❑ Helping with general questions on transitioning email services into Cloud Services, b, Service Purchase Support. Upon the request and permission of Customer or Customer Administrator, TWC representatives may log on to the Cloud Services Portal and order additional Cloud Services on behalf of Customer. c. General Support. Customers shall contact TWC to request general support for the Cloud Services and agree not to contact TWC's third party providers for such support. When providing remote assistance, with pennission from Customer, Customer's Administrators or End Users, TWC representatives may install, configure and test software related to Customer's Cloud Services. Customer must use the TWC provided remote desktop management software in order to receive remote assistance with service activations and other TWC support services. ❑ OBO (On -Behalf -Of) --- Customer acknowledges that in order for TWC to perform certain support and/or care fimctions (including the service activation support described above), authorized TWC staff members may utilize a proxy feature called On -Behalf -Of (OBO). OBO enables the TWC staff member to log into Customer's Cloud Services Portal control panel in order to perform functionality that Customer has access to, all without the need of requesting Customer to provide a usermune or password. Any access or transactions conducted via this OBO feature are automatically logged for security purposes. Customer hereby consents to TWC's use of OBO to perform support and care functions in connection with Customer's Cloud Services. 11. Access and Audit Rights, As a Cloud Services provider, TWC is required to access, test and audit Cloud Services system information for limited purposes. Customer acknowledges and agrees that the Cloud Services 25B-32 (and Customer data contained therein) may be accessed by or on behalf of TWC (remotely or otherwise) for adntinistrative tasks, to monitor Customer's use of the Cloud Services to ensure compliance with license and usage limitations, to respond to technical problems and/or queries related to the Cloud Services, and to test and ensure the proper working of the Cloud Services. In addition, Customer acknowledges and agrees that TWC may disclose Customer's location and usage information to TWC's third party Cloud Service providers, solely as required by such providers. If Customer or an End User requests TWC or its third party service providers to debug or repair an account or to access individual emails, Customer hereby grants permission for, and represents and warrants that it has all necessary consents and authority to allow TWC (and its necessary third party service providers) to perform such work, access such emails and modify the data stored therein to the extent reasonably necessary to resolve the problem. Customer understands that in some cases, this may involve TWC or its third party service providers viewing, in human -understandable form, the contents of the data and may result in damage to such contents. 12. Additional Terms of Use. In addition, Customer and its End Users: a. shall not use the Cloud Services in violation of any applicable law or in a manner that knowingly facilitates or furthers the violation of any applicable law; b. shall not use the Cloud Services to (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, including unsolicited bulls messages or unsolicited commercial messages; (ii) upload, download, export, import, send, store or otherwise make available, any material (including any message or series of messages) that are infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous, including material harmful to children, obscene or indecent, that constitutes hate speech, is otherwise offensive or objectionable or that violates any third party's privacy rights; (iii) upload, download, export or import, send, store or otherwise make available, material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity, function or performance of the Cloud Services, TNVC's or a third party service provider's networks or computer systems, or data contained therein; (v) gain or attempt to gain Lmperznitted access by any means to any TWC or third party service provider's computer system, network or database; or (vi) cause damage to TWC's or any other party's property, or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; c. shall use the Cloud Services solely for processing their own data, and shall not use or require any third party to use any data obtained via the Cloud Services for any unlawful purpose; d. shall use commercially reasonable efforts to prevent unauthorized access to the Cloud Services and shall notify TWC promptly of any such unauthorized access; e. shall not (i) license, sublicense, sell, resell, rent, lease, transfer, distribute, time share or otherwise commercially exploit or make the Cloud Services available to any third party as a part of a service bureau arrangement or otherwise; or (ii) use the Cloud Services ocher than as provided herein or in a way that is intended to harm TWC, its third party service providers and its and thein affiliates, partners, vendors or customers; 25B-33 E shall not attempt to use or access the email migration services provided by TWC using any software or service other than the migration tool provided by TWC; g, shall not attempt to use or access the Cloud Services account of another person without authorization from the account holder; h. shall not use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Cloud Services; i. shall not knowingly damage, disable, overburden or impair the Cloud Services or otherwise knowingly interfere with anyone's use and enjoyment of the Cloud Services; j. shall not (i) make copies of the Cloud Services or (ii) attempt to reverse -engineer, or otherwise discover or recreate any part of the Cloud Services (including any code, technology or methodology used in connection with the Cloud Services); k. shall not use the Cloud Services (i) to migrate any data or materials that TWC or its third party providers otherwise state as being prohibited, from the Cloud Services; or (tf) other than for their intended purposes; 1. shall not use the Cloud Services for any mission or life -critical purposes, including the migration of any data which, if lost or corrupted, could endanger the health or safety of any person or otherwise in any application or situation where the failure of the Cloud Services could lead to death, serious personal injury of a person, or to severe physical or environmental damage ("High Risk Use"), Examples of High Risk Use include, but are not limited to, the operation of nuclear or chemical facilities, navigation or communication systems for aircraft or other modes of human mass transportation, life support systems, implantable medical equipment, motor vehicles or weapons systems environments. TWC and its third party providers disclaim any express or implied warranty of fitness for such high risk activities; m, shall not remove, modify or obscure any copyright:, trademark or other proprietary rights notices that are contained in or on the Cloud Services; and a. shall only run one instance of Microsoft Outlook on a single device for each Premium Mailbox ordered pursuant to the Cloud Services. 13, Taxation. For purposes of applying state and local sales and use tax to the sales of Cloud Services provided hereunder, TWC assumes that Customer will use the Cloud Services at the location of the Customer Administrator, and as such, will apply the state and local sales attributable to such location. If Customer has or will have End Users in areas outside of the location of the Customer Administrator, it is the responsibility of Customer to inform TWC by accurately listing the locations of its End Users in Customer's global address book. 14. Tennhiation/Suspension/Cancellatien of Cloud Services. a. Customer understands and agrees that Customer's access to the Cloud Services may be terminated or suspended if, at any time, continued provision of the Cloud Services would compromise the security of 25B-34 the Cloud Services due to misuse of the Cloud Services, hacking attempts, denial of the service attacks, snail bombs or other malicious activities either directed at or originating Tom Customer's domains or systems, b. Customer understands and agrees that Customer's access to the Cloud Services may be interrupted at anytime to perform emergency maintenance or repair services on the Cloud Services. c.In the event of any failure by Customer to comply with the terms and conditions of this Attachment E, TWC or its third party service provider will have the right in its sola discretion, to immediately suspend access to the Cloud Services or terminate the Cloud Services, in TWC's sole discretion. d. Upon termination or cancellation of the Cloud Services for any reason whatsoever, TWC and/or its third party providers may reverse any configurations made to their systems and/or any DNS/name servers under their control that were implemented in order to provide the Cloud Services. It shall be Customer's responsibility to ensure that the requisite changes are made to any DNS/name servers not trader TWC's or its third party providers' control and to inform Customer's TSP of the need to reroute inbound email. e. Upon cancellation or termination of Cloud Services (including any archiving services), Customer acknowledges and agrees that Customer and any Customer Administrator will no longer have access to the Cloud Services Portal and End Users will no longer have the ability to send and receive emails. Customer shall be responsible for downloading and extracting all Customer data prior to any cancellation or termination request by Customer. Each cancellation request shall include the account to be terminated and shall be effective upon receipt. 15, Purchasing Additional Cloud Services. Once Customer has executed an initial Service Order with TWC for the Cloud Services, Customer may purchase additional Cloud Services through the Cloud Services Portal. ** For those customers that purchased Cloud Services prior to September 10, 2012, those Cloud Services are governed by the terns and conditions (including the Attachment) that were in effect at the date of purchase. Upon request, TWC will provide Customer a copy of such terms and conditions. 25B-35 Intentionally Omitted Attachment P 25B-36 Attachment G HD Video for Hospitality Service Multi -Channel Video Service: TWC shall provide the customized cable television programming ("Multi -Channel Video Service") to Customer's location(s) identified in an Order ("Property"), which programming shall be subject to change at TWC's discretion; provided that TWC shall use reasonable efforts to substitute similar or comparable programming in the event that any of the programming services cease to be available. If the Parties agree in writing, Multi-Clramnel Video Service may include HBO, Showtime/TMC, Cinemax, or STARZ (collectively, "Premium Services"). TWC and Customer aclmowledge that Customer has elected to receive two or more tiers of video programming service, including the "broadcast basic" level which, under Federal law, must be purchased as a condition to receipt of other tiers of video service, and Customer acknowledges that it is ruble to purchase the broadcast basic level of service on a stand- alone basis. Customer further acknowledges that all programming services included on each service tier selected by Customer are being made available by TWC to Customer and that the display of particular services at various locations within Customer's promises is at customer's discretion. TWC owns and shall at all times have the exclusive right to access, control, maintain, upgrade, use and operate its Multi - Channel Video Service and related network and systems ("Systems"), except for (i) any video display terminals ("Connections") or inside wiring owned and maintained by Customer or a third party, and (ii) any conduit, risers, raceways or other spaces where the System is located that are owned by Customer or a third party, in which case (as, between Customer and TWC) Customer shall own such items and Customer hereby grants to TWC the non-exclusive right to access and use such space during the Term. The System is not, and shall not be deemed to be, affixed to or a fixture of the Property, and nothing is intended to convey any right or ownership of any portion of the System to Customer or any other person or entity. Customer shall be liable for any and all theft, damage and/or loss to the System, or any portion thereof, installed at the Property, except to the extent of any negligence or willful misconduct on the part of TWC. Customer's use of the Multi -Cha mel Video Service is subject to the following additional terms and conditions: I. Multi-Chamrel Video Service shall not include pay-per-view, video -on -demand or any visual content other than the mutually -agreed upon Multi -Channel Video Service charnel line-up. 2. Customer shall take all necessary precautions to ensure that the Multi -Channel Video Service is received only by authorized parties, and that no part of the Multi-Cluuurel Video Service is received at any other location, including but not limited to locations where an admission fee, cover charge, minimum or like sum is charged, or which is a commercial establishment or other non-residential building (such as a bar, restaurant or fraternal organization), nor shall Customer authorize or approve of any copying, taping or duplicating thereof, 3. Customer shall permit TWC reasonable access to Ctitstomor and any End User facilities, to inspect the facilities at periodic intervals to ascertain, among other things, the number of television sets receiving the Multi -Channel Video Service, Customer, at its sole expense, shall furnish, install and maintain the inside wiring. 4. Customer shall not order, or attempt to order, UFC, Boxing or other video programming which is authorized for distribution to TWC residential subscribers only. 5. Customer, at its sole expense, shall furnish, install, program and maintain all Connections The Connections shall be installed and programmed by Customer in consultation with TWC and any specifications provided by TWC to Customer in writing. 25B-37 6. Customer shall not interfere with, alter or substitute any of the programs, information or content offered as part of the Multi -Channel Video Service, which are transmitted over any of the charnels provided without the prior written consent of TWC. Under no circumstances shall Customer have any right to encode, alter, reformat, delete or otherwise modify the Multi -Channel Video Service, including without limitation delivery method and any programming contained within the Multi -Channel Video Service, without the express written consent of TWC. The limitations of this paragraph shall not apply to formatting of programmhrg as agreed by TWC and Customer. 7. Customer shall provide all first level contact and support to its authorized users relating to the System and Multi - Channel Video Service, In the event of any disruption, failure, or degradation of the Multi -Channel Video Service lasting for twenty-four (24) consecutive hours or more, Customer shall use all reasonable efforts to diagnose the cause of the Multi -Chantel Video Service impacting event. In the event that the Multi -Channel Video Service impacting event is reasonably determined to be caused by the signal delivered by TWC, Customer shall contact die designated TWC technical support contact for resolution. 8. The inside wiring shall be installed by Customer in consultation with TWC and any specifications provided by TWC to Customer in writing. TWC shall not be responsible for, and Customer shall not be entitled to any credit or rebate for an outage which may be due to a fault or failure with respect to any inside wiring, Connections or any systems, equipment or facilities of any third party, including but not limited to, instances where such outage is due to the Customer's failure to promptly provide TWC with access to the Property to inspect, monitor, repair, and/or replace the Systems or Multi -Channel Video Service. 9. Notwithstanding anything to the contrary in the Master Agreement, the Service Charges for the Multi -Channel Video Service are subject to change consistent with commercial Multi -Channel Video Service rate increases applied to commercial customers. 10. In the event that Customer closes for renovation a Property which is receiving the Multi -Channel Video Service, TWC will allow Customer to put the Multi -Channel Video Service account for such Property in a suspend mode and billing will be suspended until such time as the Property is reopened for business. If any such suspension occurs during the Initial Order Term for the Multi -Channel Video Service, such Initial Order Term shall be extended for the period of time that the account was in suspend mode, Customer shall notify TWC thirty days in advance of any billing suspension and/or resumption as permitted herein. If billing is not resumed for any suspended Multi -Channel Video Service account within one year of the initial suspension thereof, the termination charge described in Section 11.3 of the Master Agreement shall apply. Customer's use of the Set back Box Product ("SBB") available as part of the Multi -Charnel Video Service (the "SBB Offering") is subject to the following additional terns and conditions: A. All terms set forth in this Attachment F shall apply to the SBB Offering except to the extent modified below B. Notwithstanding Section 1 above, the SBB Offering includes certain video -on -demand programming. C. Notwithstanding Section 2 above, the SBB Offering is available for use at commercial establishments and other non-residential building (such as a bar, restaurant or fraternal organization). The SBB Offering includes a channel line-up for public viewing. This channel line-up is different than the channel line-up available as part of the Multi -Charnel Video Service for in -room viewing. D. Notwithstanding Section 4 above, TWC shall install and program all Connections for the SBB Offering. Customer shall ensure the availability of Connections that are compatible with the SBB Offering including, without limitation, the provision and use of appropriate tuners and Connectiolrs having HDTV compatibility. B. If Customer desires for the front desk portal and the TV user interface associated with the SBB Offering to be co -branded (with TWC's and Customer's brands), then Customer shall provide TWC a copy of Customer's logo in accordance with TWC's technical specifications and hereby grants TWC a right and license to use such logo for purposes of such co -branding. 25B-38 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: AGREEMENT WITH AD/S COMPANIES FOR THE FABRICATION AND INSTALLATION OF DOWNTOWN WAYFINDING SIGNAGE {STRATEGIC PLAN NO. 3,4A) 4:1L CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED © As Recommended El As Amended [] Ordinance on 1't Reading ❑ Ordinance on 2nd Reading Implementing Resolution [� Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with AD/S Companies, for the fabrication and installation of wayfinding signage in downtown Santa Ana, for an amount not to exceed $321,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve the Cost Analysis for a total estimated project delivery cost of $472,480. DISCUSSION Downtown Santa Ana is a thriving commercial district that has experienced a renaissance in the past several years. Access to the downtown is through local streets that serve as collectors for pedestrian -active neighborhoods and has no direct access or presence from either the Interstate 5 or a regional arterial street. The downtown's urban character can be disorienting to infrequent visitors and a wayfinding sign system is needed to help visitors feel comfortable in finding their destinations. In the past few years, Santa Ana has undergone several new urban design efforts in the downtown area. To complement these efforts, the City undertook a plan to design a new wayfinding sign system to help reinforce the City's identity and character to serve as a framework to implement an attractive and effective signage system throughout the entire City. The intent of the wayfinding signage program is to enhance the success and market potential for the arts, entertainment, historical, cultural, and economic growth in the downtown area by providing easy access to public parking and its several business districts. On October 5, 2009, the former Community Redevelopment Agency approved an agreement with RTKL Associates Inc., a design consulting firm to evaluate existing vehicular and pedestrian wayfinding signs in downtown Santa Ana and provide input for a potential redesign and enhancement of a current wayfinding sign program. This plan was to define the desired design 25C-1 Agreement with AD/S Companies Downtown Wayfinding Signage December 1, 2015 Page 2 template for wayfinding signs within the City, identify Santa Ana's key destinations, attractions, and business districts, and prioritize sign installation based on the criteria of location and effectiveness. The plan was completed in December 2010, however, due to an impending dissolution of the City's Redevelopment Agency, the plan did not receive additional funding for the fabrication and installation of the signage at the time. With the City in a better position financially, Strategic Plan and General Fund monies were allocated for the completion of this project. Since the plan was over five years old and some of the stakeholders in downtown have changed, the City contracted with RTKL in April 2015 to refresh the 2010 plan and solicit feedback from the downtown groups. On April 6, 2015, the City hosted a Wayfinding Community Feedback meeting with the local downtown stakeholders to gather input on the plan. Staff used that feedback to develop a signage location plan that was used to solicit bids (Exhibit 1). In September 2015, the City, with the assistance from RTKL, released a bidding document to solicit bids for the fabrication and installation of the downtown wayfinding signs. Three bids were received and evaluated by a team consisting of staff from the Community Development Agency and the Public Works Agency. The bids were evaluated based on relevant project experience and cost. The ratings are summarized below: NAME OF BIDDER AVERAGE RATING AD/S Companies 90 TFN Architectural Signage 81 T Graphics 70 Based on the ratings, staff is recommending AD/S Companies to fabricate and install the wayfinding signage. Some of AD/S's most recent experience includes signage for The Cosmopolitan Hotel in Las Vegas, Sunset and Vine Apartment (a retail multi -use complex in Los Angeles), Ford Motor Company in Irvine, and the Segerstrom Concert Hall in Costa Mesa (Exhibit 2). The City's Public Works Agency will be working closely with the consultant to remove old signage and ensure a smooth installation of the new signage in downtown. The Public Works Agency has provided an estimated project cost analysis for their assistance in the project (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #4, (Continue to pursue objectives that shape downtown Santa Ana into a thriving, 25C-2 Agreement with ADS Companies Downtown Wayfinding Signage December 1, 2015 Page 3 culturally diverse, shopping, dining, and entertainment destination), Strategy A (Provide a safe and inviting public environment in the downtown through enhanced amenities, improved wayfinding, and engaging street/sidewalk design and lighting). FISCAL IMPACT The total estimated project delivery costs is $472,480, which includes the fabrication and installation agreement with ADS Companies, contract administration, signage removal, permits, traffic control, and contingencies. Funds are available in the following accounts for expenditure in FY 2015-16: • CDA's Strategic Plan Projects Fund account (no. 05218018-62300) - $384,000 • CDA's Economic Development account (no. 01118810-62300) - $88,480 iii - i Kelly Re nde s slr� Executi Director Community Development Agency Hecutive Director Public Works Agency KR/MM/ll Exhibits: 1. Wayfinding Bid 2. ADS Companies Proposal 3. Cost Analysis 4. 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AVMOVOH9 `-- 25C-33 s 25C-34 1160 Railroad St. Quote Corona, CA 92882 T: 800.862.3202 www.ad-s.com COMPANIES 0 IN "a Quote To: City of Santa Ana 20 Civic Center Plaza, M-25 Santa Ana CA 92701 Quote No: 39080 Date: 10/2912015 Expires: 1212812016 Customer No,: CITYOFSANT Page: 1 of 6 Ship To: City of Santa Ana 20 Civic Center Plaza, M-25 Santa Ana, CA 92701 50%Dep,40%Prior Inst,10%Net30 Sign Type: 1 - Downtown Entry Monument ID - Description: Pole structure with single faced sign panel with 1"deep fabricated aluminum backer, 3/4" deep fabricated aluminum face, and 112" thick acrylic copy. - Dimensions: One (1) 69" wide x 26" high x 2-1/4" thick sign panel and one (1) 180" tall pole. -Copy: TBD. - Finish: Painted face panel and powder coated backer panel and pole. - Illumination: None. - Mounting: Mechanically mounted to new 4" diameter pole with ELA Lighting base #P-3012 and finial #FIN -24. - Reference: Sheets G-05.00 and G-05.01. Sign Type: 2 - Parking Directional - Freestanding - Description: Pole structure with double faced parking sign panel with 1" deep fabricated aluminum backer, 314" deep fabricated aluminum face, and 1/4" thick acrylic copy, and double faced downtown sign panel with 1" deep fabricated aluminum backer, 3/4" deep fabricated aluminum face, and digitally printed copy. - Dimensions: One (1) 36" diameter x 9" thick parking sign panel, one (1) 48" wide x 14" high x 9" thick sign panel, and one (1) 180" tall pole. -Copy: TBD. - Finish: Painted face panel and powder coated backer panel and pole. - Illumination: None. - Mounting: Mechanically mounted to new 4" diameter pole with ELA Lighting base #P-3012 and finial #FIN -24. - Reference: Sheets G-06.00, G-06.01, G-06.02, G-06.03, and G-06.04. S Forrno6405_ NEXT PAGE Signage+Fabrication 0 Dissppllaayyss+f'�Fixtures G V UM C1{Q11 7.00 Randolph Hampton 29,320.00 60,802,00 is Lighting +Maintenance 1160 Railroad St. WA, Corona, CA 92882 Quote Tr 800.862.3202 / 1 Quote No: 39080 www.ad-s.com COMPANIES Date: 1012912015 ® ,,_ Expires: 12/2812015 Customer No.: CITYCFSANT Page: 2 of 5 e - Sign Type: 2.1 - Parking Directional - Message Panel 17.00 3,722,00 63,274.00 - Description: Double faced parking sign panel with 1" deep fabricated aluminum backer, 3/4" deep fabricated aluminum face, and 1/4" thick acrylic copy, and double faced downtown sign panel with 1" deep fabricated aluminum backer, 3/4" deep fabricated aluminum face, and digitally printed copy. - Dimensions: One (1) 36" diameter x 9" thick parking sign panel and one (1) 48" wide x 14" high x 9" thick sign panel. - Copy: TBD. - Finish: Painted face panel and powder coated backer panel. - Illumination: None. - Mounting: Mechanically mounted to existing pole. - Reference: Sheet G-07.00. Sign Type: 5 - Vehicular Gateway Directional ID 5.00 6,580,00 32,900.00 - Description: Single faced aluminum sign panels with digitally printed copy, and double faced dimensional aluminum letters. - Dimensions: Four (4) 60" wide x 42" high x.081 " thick sign panels, Two (2) 16" high x 6" deep dimensional letters, and twelve (12) 13" high x 6" deep dimensional letters. - Copy: TBD. - Finish: Powder coat at sign panels, paint at dimensional letters. - Illumination: None. - Mounting: Mechanically mounted to existing pole. - Reference: Sheets G-08.00 and G-08,01. Sign Type: 6 - Pedestrian Directional (Base Option) 19.00 6,782.00 128,858.00 - Description: Pole structure with double faced sign panels with 1" deep fabricated aluminum backer, 3/4" deep fabricated aluminum face, and digitally printed copy. - Dimensions: One (1) sign panel at 38" wide x 20-1/2" high x 8" thick, one (1) sign panel at 38" wide x 10" high x 8" thick, and one (1) 147" tall pole. - Copy: TBD. - Finish: Painted face panel and powder coated backer panel and pole. - Illumination: None. - Mounting: Mechanically mounted to new 3" diameter pole with EIA Lighting base #P-3012 and finial #FIN -24. - Reference: Sheets G-09,00, G-09.01, and G-09.02. Sign Type: 6 - Pedestrian Directional (Alternate Option) 0.00 8,661.00 0.00 - Description: Pole structure with double faced sign panels with 1" deep fabricated aluminum backer and 314" thick digitally printed HPL panel. - Dimensions: One (1) sign panel at 38" wide x 20-1/2" high x 8" thick, one (1) sign panel at 38" wide x 10" high x 8" thick, and one (1) 147" tall pole. - Copy: TBD. - Finish: Powder coal. - Illumination: None. - Mounting: Mechanically mounted to new 3" diameter pole with ELA Lighting base #P-3012 and finial #FIN -24. -Reference: Sheets G-09.60, G-09.01, and G-09.02. Permit Procurement 1.00 844.00 844.00 - Permit fees are excluded (By City). Performance Bond (1.5% of total contract) 1.00 4,739.97 4,739.97 S PonrdOos_ NEXT PAGE 0 Signage +Fabrication 0Displays +Fixtures 25C-36 e,s Lighting +Maintenance 1160 Railroad St, Quote Corona, CA 92882 T: 800.862.3202 www.ad-s.com COMPANIES 7 ,® Notes to the Proposal: INCLUSIONS' Taxes. - Engineering, - Prevailing wage installation rates during typical business hours. - Shop drawings. - Permit procurement. EXCLUSIONS: - Permit fees. - Lane and sidewalk closures /traffic control. - Wall/ceiling structural supports. - Electrical to sign location /time clocks. - Message schedule, map artwork, site plan with sign locations. - Removal of existing signage. GENERAL NOTES: - Pricing is based on coring up to a 12" diameter hots at new pole locations, - Finished surface at new pole locations is to be standard colored concrete at existing concrete areas, and pavers at existing paver areas. - Sign counts are based on quantity counts provided. If quantities vary from what is listed in this quote, AO/S may revise the proposal. - Standard manufacturing lead time is 8— 10 weeks after alt approvals. - Pricing is based on one mobilization. - This proposal is based on level grade with no underground obstructions, and based on regular unobstructed access to each sign location for auguring /equipment and installation. - If performance bonds are required, fee is 1.5% of the value of the contract. - Small Business registration #21078, SIR registration #1000004457. Quote No: 39080 Dale: 1012 912 01 5 Expires: 1212812016 Customer No.: CITYOFSANT Page: 3 of 5 Any alteration or deviation from the above speciircatians Involving extra casts, will be executed only upon written orders, and will become an extra charge over end above the estimate to be paid by the purchaser In the event of a breach of contract by purchaser, Seller will be entitled to attorney's fees In a court proceeding. All agreements contingent upon strikes, accidents or delays beyond our cannot. Purchaser to carry fire, tomado and other necessary insurance upon above work. Workman's compensation and public Ilabllity insurance on above work to be taken out by Seller. Acceptance of Proposal The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above I Net Order: 320,737.97 Sales Tax: Print Prism,rine Cate + 320,737.97 S r=Crrtt3LaD5 NEXTPAGE 0 S i g in a g e+ F a b r i c a t i o n NDispl ays+Fixtuf os 25C-37 to Lighting +Maintenance 1160 Railroad St. Quote Corona, CA 92882 T. 800.862.3202 www.ad-s.com COMPANIES GENERAL TERMS AND CONDITIONS 1. PRICE / QUOTE EXPIRATION: The enclosed quote is valid for 90 days from date of quote. An acceptance of this quote after the 90 days may be subject to revision to accommodate for such things as material price changes or production scheduling Issues of the seller. All changes will be reflected In writing In either a revised quote or change order to the original quote. 1.1 PAYMENTTERMS Payment Terms of the Agreement must be followed. In the event that the payment terms are not followed according to the agreement the full balance of the contract will be payable prior to installation of sign(s). 2.1 PERMITS AND LICENSES: Seller shall obtain, as Buyer's agent, all original permits and licenses from public authorities for the installation of the Display. Buyer shall obtain the necessary permits from the owner of the premises and others, exclusive of public authorities, whose permission is requisite for the Installation of the display, and shall be responsible that such permission shall not be revoked. Revocation of any permit required for installation and maintenance of display shall not relieve Buyer from the payment of all sums due in accordance with the terms of this agreement. In cases where Cities have special requirements such as lighting In attics, cat -walks, additional access doors, etc., Seller will provide such extras where possible at additional labor charge of $85.00 per hour, plus materials as required. 2.2 PERMIT FEES: Seller shall obtain permits and licenses as required by authorities for display. The cost of permits and licenses plus a permit service fee $85.00 per hour will be paid by Buyer. If city Inspectors require that Sellers be present at time of inspection of signs an additional $88.00 per hour will be charged for the Inspection time. 3. ELECTRICAL CONNECTION: Buyer shall provide electrical of suitable capacity (110 volts), to Dispiayls location. Should electrical not be available at time of installation $120.00 per hour will be charged If we are required to return to connect such display Where this contract is for refurbishment of existing signage the contract price does not Include electrical repairs. Electrical repairs include replacement of ballasts, transformers, lamps, neon units, sockets, switches, housings and wiring, as well as the labor charge will be billed at our current labor and material rates. 4. TITLE: Ownership of Display shall remain with Seller until all payments are made, at which time Buyer shall be vested with full title to Display, Neither the loss of, injury to, or destruction of Display nor institution of suit or procurement of judgment thereon, while in the possession of Buyer or its agents, shall operate as payment or as a transfer of title to Buyer. S. PRODUCT DELIVERED TO SITE: All signs delivered to site and either Installed or staged shall be the responsibility of the buyer, Seller shall not be held responsible for damages due to vandalism, accidental damage other than that caused by an employee of seller, theft, or acts of god. If installation Is to take place over multiple days, buyer is required to provide a secure environment in which to stage signs. e. DEFAULT: I In the event of any breach by Buyer of any of the covenants and agreement herein contained, or If during the term of this agreement or any extension thereof, Buyer makes an assignment for the benefit of creditors, of if a receiver Is appointed to take possession of the business of Buyer, or if action is taken to accomplish this end, or if Buyer sells or files, or there is fled on his behalf, notice of Intention to sell In bulk, or transfer said business or a material part thereof, voluntarily or involuntarily, Seller at its option and without notice to Buyer may declare the entire unpaid balance of the purchase price herein Immediately due and payable and as permitted by law (a) sue for same, or (b) Seller may without notice, demand or legal process immediately take possession of display and (1) retain it and all payments in satisfaction of the balance or (2) sell it at either public or private sale and pay any surplus to Buyer after deducting all expenses of repairing, reconditioning or preparing the goods for sale. Retaking and sale of all or any pad of the display shall not operate to release Buyer from the obligation to pay in full all amounts herein agreed to, and if the amount realized on sale is less than the obligation due, Seller may hold Buyer for any resulting deficiency, including the cost of retaking and selling display. Should Seller take possession of display, all rights of Buyer under this agreement shall immediately terminate and all payments theretofore made shall belong absolutely to Seller as compensation for the depreciation In value and for the use of display, and Buyer shall pay to Seller all installments then delinquent plus the cost of retaking display. In case Seller shall employ an attorney to recover display to collect any sum due under this agreement, Buyer promises to pay reasonable attorney's fees to be fixed by the court. All overdue payment shall bear interest at the rate 18% per annum. Buyer expressly waives any and all rights to notice or hearing prior to removal, whether such removal shall be effected by Seller, Its agents or representatives, or pursuant to legal process. 7. REMOVAL OF DISPLAY: Display shall at all times be deemed personal property, and shall not by reason of attachment or connection to any realty, become or be deemed a fixture or appurtenance to such realty and shall at all times be severable therefrom, and shall be and retain at all times, the property of Seller, free of any claim or right of Buyer, except as set forth herein, Seller shall have the right to enter the premises to Inspect, repair or remove Display. 8. DELIVERYAND PERFORMANCE: Seller shall commence the construction of Display and execute the work thereon with due diligence until completion, All obligations to be performed by Seller hereunder shall be subject to delay or failure resulting from war, fire, labor disputes, unforeseen commercial delays, acts of Gad, regulations or restrictions of the Government or public authorities, Including obtaining of permits, or other accidents, forces, conditions or circumstances beyond its control. Seller shall not be liable for any consequential damages as a result of late delivery /Installation of Display. In the event that Buyer decides to cancel or postpone installation of sign, Buyer will Immediately be responsible for the Full contract price as well as storage costs. Buyer Initial: S FarnrsWDS NEXT PAGE SigIn age+Fabrication 0 Displays +Fixtures s1 1.ig Itfi n g + M a int e n o n c 25C-38 Quote No: 39080 Date: 1012912016 Expires: 1212812015 Customer No.: CITYOFSANT Page: 4 of 5 1. PRICE / QUOTE EXPIRATION: The enclosed quote is valid for 90 days from date of quote. An acceptance of this quote after the 90 days may be subject to revision to accommodate for such things as material price changes or production scheduling Issues of the seller. All changes will be reflected In writing In either a revised quote or change order to the original quote. 1.1 PAYMENTTERMS Payment Terms of the Agreement must be followed. In the event that the payment terms are not followed according to the agreement the full balance of the contract will be payable prior to installation of sign(s). 2.1 PERMITS AND LICENSES: Seller shall obtain, as Buyer's agent, all original permits and licenses from public authorities for the installation of the Display. Buyer shall obtain the necessary permits from the owner of the premises and others, exclusive of public authorities, whose permission is requisite for the Installation of the display, and shall be responsible that such permission shall not be revoked. Revocation of any permit required for installation and maintenance of display shall not relieve Buyer from the payment of all sums due in accordance with the terms of this agreement. In cases where Cities have special requirements such as lighting In attics, cat -walks, additional access doors, etc., Seller will provide such extras where possible at additional labor charge of $85.00 per hour, plus materials as required. 2.2 PERMIT FEES: Seller shall obtain permits and licenses as required by authorities for display. The cost of permits and licenses plus a permit service fee $85.00 per hour will be paid by Buyer. If city Inspectors require that Sellers be present at time of inspection of signs an additional $88.00 per hour will be charged for the Inspection time. 3. ELECTRICAL CONNECTION: Buyer shall provide electrical of suitable capacity (110 volts), to Dispiayls location. Should electrical not be available at time of installation $120.00 per hour will be charged If we are required to return to connect such display Where this contract is for refurbishment of existing signage the contract price does not Include electrical repairs. Electrical repairs include replacement of ballasts, transformers, lamps, neon units, sockets, switches, housings and wiring, as well as the labor charge will be billed at our current labor and material rates. 4. TITLE: Ownership of Display shall remain with Seller until all payments are made, at which time Buyer shall be vested with full title to Display, Neither the loss of, injury to, or destruction of Display nor institution of suit or procurement of judgment thereon, while in the possession of Buyer or its agents, shall operate as payment or as a transfer of title to Buyer. S. PRODUCT DELIVERED TO SITE: All signs delivered to site and either Installed or staged shall be the responsibility of the buyer, Seller shall not be held responsible for damages due to vandalism, accidental damage other than that caused by an employee of seller, theft, or acts of god. If installation Is to take place over multiple days, buyer is required to provide a secure environment in which to stage signs. e. DEFAULT: I In the event of any breach by Buyer of any of the covenants and agreement herein contained, or If during the term of this agreement or any extension thereof, Buyer makes an assignment for the benefit of creditors, of if a receiver Is appointed to take possession of the business of Buyer, or if action is taken to accomplish this end, or if Buyer sells or files, or there is fled on his behalf, notice of Intention to sell In bulk, or transfer said business or a material part thereof, voluntarily or involuntarily, Seller at its option and without notice to Buyer may declare the entire unpaid balance of the purchase price herein Immediately due and payable and as permitted by law (a) sue for same, or (b) Seller may without notice, demand or legal process immediately take possession of display and (1) retain it and all payments in satisfaction of the balance or (2) sell it at either public or private sale and pay any surplus to Buyer after deducting all expenses of repairing, reconditioning or preparing the goods for sale. Retaking and sale of all or any pad of the display shall not operate to release Buyer from the obligation to pay in full all amounts herein agreed to, and if the amount realized on sale is less than the obligation due, Seller may hold Buyer for any resulting deficiency, including the cost of retaking and selling display. Should Seller take possession of display, all rights of Buyer under this agreement shall immediately terminate and all payments theretofore made shall belong absolutely to Seller as compensation for the depreciation In value and for the use of display, and Buyer shall pay to Seller all installments then delinquent plus the cost of retaking display. In case Seller shall employ an attorney to recover display to collect any sum due under this agreement, Buyer promises to pay reasonable attorney's fees to be fixed by the court. All overdue payment shall bear interest at the rate 18% per annum. Buyer expressly waives any and all rights to notice or hearing prior to removal, whether such removal shall be effected by Seller, Its agents or representatives, or pursuant to legal process. 7. REMOVAL OF DISPLAY: Display shall at all times be deemed personal property, and shall not by reason of attachment or connection to any realty, become or be deemed a fixture or appurtenance to such realty and shall at all times be severable therefrom, and shall be and retain at all times, the property of Seller, free of any claim or right of Buyer, except as set forth herein, Seller shall have the right to enter the premises to Inspect, repair or remove Display. 8. DELIVERYAND PERFORMANCE: Seller shall commence the construction of Display and execute the work thereon with due diligence until completion, All obligations to be performed by Seller hereunder shall be subject to delay or failure resulting from war, fire, labor disputes, unforeseen commercial delays, acts of Gad, regulations or restrictions of the Government or public authorities, Including obtaining of permits, or other accidents, forces, conditions or circumstances beyond its control. Seller shall not be liable for any consequential damages as a result of late delivery /Installation of Display. In the event that Buyer decides to cancel or postpone installation of sign, Buyer will Immediately be responsible for the Full contract price as well as storage costs. Buyer Initial: S FarnrsWDS NEXT PAGE SigIn age+Fabrication 0 Displays +Fixtures s1 1.ig Itfi n g + M a int e n o n c 25C-38 1160 Railroad St. Quote Corona, CA 92882 T: 800.862.3202 w and-s.com COMPANIES GENERAL TERMS AND CONDITIONS - Continued Quote No: 39080 Date: 10/2912016 Expires: 12/2812015 Customer No.: CITYOFSANT Page: 6 of 5 9. WAIVER OF BREACH: Time and the punctual performance of each and all of the terms, provisions and agreements hereof are of the essence of this agreement, except as herein otherwise expressly provided; no waiver by either party hereto of the nonperformance or breach of any term, provisions, condition or agreement hereof or of any default hereunder shall be construed to be, or operate as, a waiver of any subsequent nonperformance, breach or default. 10. TERMS OF AGREEMENT: All of the terms, provisions and agreements hereof shall be binding upon the successors, assigns or legal representatives of the respective partles hereto; provided, however, that the Interest of Buyer herein shall be transferable only with the written consent of Seller. 11. SERVICE WIRING COST OF ELECTRICITY, REINFORCEMENT OF BUILDING, PHYSICAL CONDITIONS: Buyer shall bring feed wires of 110 volts (unless otherwise specified) an approved type to the location of Display prior to time of Installation and shall pay for all electric energy used by Display and shall be responsible for the supply thereof. Unless specifically stated in writing to the contrary, Buyer shall provide all necessary reinforcements to the building on which Display Is Installed. Buyer shall pay for costs of relocating power lines, or other obstacles, to comply with laws of Federal, State or Municipal agencies. (a) Signs requiring subsurface preparation (pole signs and monument signs). The price fixed herein Is based on the assumption that installation will be In normal soil. In the event adverse soil conditions or underground obstructions are encountered, the parties agree to adjust the extra Installation cost based on Seller's additional cost. Buyer shall determine position of display. In the case where below surface drilling and preparation for installation Is required, Seller is excused from any responsibility for damage, which may be Incurred In this preparation, and these responsibilities are transferred to the Buyer. (b) It Is the buyers' responsibility to prepare all freestanding sign locations at level grade, unless a provision has been made by seller to the contrary . Seamed locations requiring additional sign foundation and/or concrete pad, leg or base extensions or modification, dirt or landscape material Imported to the sign location will be at additional cost to the buyer. (c) Letters to be mounted on exterior side of wall. Electrical system to be contained In transformer box with flex crossovers on Interior of wall unless raceway Is specified. Access for Installation in front of and behind wall must be available at time of installation. Though wall installation is assumed to be an normal stucco, wood or soft brick facing, if unique circumstances inside well are discovered by Installer, Buyer, If available, will be notified. In any event, Buyer shall be billed for special labor on a time spent basis. In cases where core drilling Is required, this Is considered unusual circumstances and will be billed at $120.00 per hole In addition to contract amount in clause 6. (d) In the event certified welding with on site special city (or county) Inspection is required, this cost Is additional and will be due upon completion of progressive work, (e) Landscape Irrigation should be prepared or adjusted so water does not sprinkle or flood signs. Continuous or regular sprinkling of these signs, nullifies and will render void the warranty. Sign will be connected to an approved electrical sign circuit of adequate capacity, If available at time of installation, and within 5 unobstructed feet of display location. In event, installation shall be considered complete at time sign Is tested. Should we be required to return to connect electrical not available at time of installation, additional labor at $120.00 per hour will be billed for the time to connect the sign. All dimensions are close approximate and may vary due to existing conditions at job site. 12. WARRANTY: Seller warrants that Display will be free from defects In materials (except as to lamps) or workmanship for a period THREE (3) MONTHS after delivery or installation. The foregoing warranties are exclusive and in /leu of all other warranties of merchantability, fitness for purpose and of any other type, whether express or implied. 13. INSPECTION: Buyer shall inspect the display immediately upon installation, and shall notify Seller In writing of any defects or variances therein. In the absence of any such written notification within five (5) days after Installation, the display shall be deemed in all respects approved and satisfactory to Buyer. 14. LIEN RIGHTS: It Is agreed that Sellar shall have the right to file a 20 day Preliminary notice to the owner and Lender on the project. At Sellers request the necessary information will be provided so that the proper notifications can be mailed to the relevant parties. 15. AGREEMENTS: There are no understandings, agreements, warranties, or representations, either oral or written, expressed or implied, statutory or otherwise, including warranties or merchantability, quality of fitness, relative to this order that are not fully expressed herein, and no change or modification of this order shall be made unless agreed to In writing and signed by both parties, 16, GOVERNING LAW: This Contract shall be governed by the laws of the State of California. The parties specifically and irrevocably agree, to submit any controversy or claim arising out of or relating to this Contract, or the breach thereof, to resolution by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (A.A.A.). A. judgment upon any award rendered by the arbitrators shall be entered by a court having subject matter jurisdiction therein and all parties expressly waive any challenge to the use of arbitration in accordance with this Paragraph. The parties hereto agree that jurisdiction and venue for the hearing of the arbitration and the entry of judgment upon said arbitration award shall be in Riverside County, California. The arbitrators are directed to award the expenses of the arbitration, Including required travel and other expenses of the arbitrators and any costs of the arbitrators' representatives, the costs and charges of the American Arbitration Association, all reasonable attorney's fees and costs, to the prevailing party in the arbitration. If the parties waive their rights to Arbitration, which waiver must be in writing and signed by the parties, they agree that any court of competent jurisdiction shall award the costs of the suit, including reasonable attorney's fees and expenses, to the prevailing parry. M Sig nag a+Fabrication 11 Displays- I- Fixtures 25C-39 Buyer Initial' Lighting+Main s e nonce 25C-40 COST ANALYSIS Construction and Fabrication Contract $321,000 Contract Administration (PWA)/Inspection/Testing $57,780* Signage Removal/Relocation $5,000 Permits $26,600 Traffic Control $30,000 Contingencies $32,100** TOTAL ESTIMATED CONSTRUCTION COSTS $472,480 *18% of total contract **10% of total contract 25C-42 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 1st day of December, 2015 by and between AD/S Companies ("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 ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of fabrication and installation of wayfmding signage. B. Consultant represents that Consultant is able and willing to provide such services to the City, C. hi undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services the rates and charges identified in Exhibit B, The total sum to be expended under this Agreement shall not exceed $321,000 during the term of this Agreement. b. Payment by City shall be made within forty-five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on November 30, 2016, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern 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 mariner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be 1 43 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. BONDS Consultant, shall, after award of this Contract, furnish two bonds to be approved by the City, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the City. Consultant shall, prior to the release of the performance and payment bonds, also furnish a one (1) year warranty bond. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant minder this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement, Consultant represents and warrants that Consultant has the legal right to license any and all Docuunents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk, 7. INSURANCE Prior to undertaking performance of work 'under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) grid shall include, but not be limited to protection against clahms 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, with $2,000,000 in the aggregate. 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. 25C-44 C. Worker's Compensation Insurance. In accordance with the California 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 Agreernent, 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 with $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 frill 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 by the City. (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 (3 0) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. 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 terminate this Agreement, Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination, Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. S. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terns 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 25C-45 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. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782,8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recldessness, or willfiil misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the wort, to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement ,luring regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. 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 publiely available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightfiil 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, 12. 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 perfornance of services specified under this Agreement. 25C-46 13. NOTICE Any notice, tender, demand, delivery, or other commtmication 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 fax or other telegraphic communication in the marmer provided in this Section, to the following persons: To City: Cleric 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: To Consultant: Kelly Reenders Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza, M-25 P.O. Box 1988 Santa Ana, CA 92702 Facsimile (714) 647-6549 AD/S Companies 2950 Palisades Drive Corona, CA 92880 Attn.: Melea Kapur Facsimile (951) 278-0681 City Attorney's Office City of Santa Ana 20 Civic Center Plaza, M-29 P.O. Box 1988 Santa Ana, CA 92702 Facsimile (714) 647-6515 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 fax, 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 facshnile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, 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 25C-47 parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the teens and conditions hereof, shall not bind or obligate Consultant or 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. 15. 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. 16. 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 imless 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 that fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NONDISCRIMINATION 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 or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. 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, 6 25C-48 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Cleric of the Council APPROVED AS TO FORM: SON'IA R. CARVALHO City AttAy, h Attorney RECOMMENDED FOR APPROVAL: Telly Reenders Executive Director Community Development Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: AD/S Companies By: _ Title: Tax ID# 25C-49 EXHIBIT A MIA CQMrANIOS M M a August 24; 2016 Marc Morley City of Santa Ana 20 Civic Center Plaza (M-25) Santa Ana, CA 92702 Rear Marc, Per your request for the signage bid for the Santa Ana Wayfinding project, we respectfully submit the following for your consideration and approval. I have also attached our e6reohure which contains exampios of similar high-end retail center and streetscape frontage that was completed by AD/S. As we stated In our proposal, our cost estimates aro based on our understanding of the signage package that was provided to us on 8/11/2015 titled "Santa Ana Signage 100% DD Package", Our prices Include: 1. Shop drawings 2. Engineering (Signs and attachments) 3. Fabrication 4. Installation to be done during normal business hours (M -F, lam -Bpm.) Price based off prevailing wage labor Installation rates, 5. Sales taxes 5. Permit Acquisition Fees Items to be provided by others 1. Permit Fees 2, lane and Sidewalk olosures/traffic control 3. Any wall backing or calling structure required Is by others 4. Electrical to sign looation/time clooks B. Message Schedule, Map Artwork, Site Plan with sign locations 5. Removal of Existing Signs Additional qualifications: Proposal Is based off of drawings provided and quantifies listed on this quote. If sign counts vary from this proposal, or If additional signs are required that Is not listed on this proposal, AD/S will need to issue a new proposal Thank you again for allmying Arrhlteoturil Design and Signs the opportunity to be a part of your renovation at South Coast Plaza and look forward to receiving your rosponse, Respectfully submittect, Melee Kapur 7.9.50 P�:Ilse(Ibs Urlva, Cprurtl, CA e2IIp0 Y; 090•IIII2.3�02 rF' efit[YII.d601 w✓NhY�.f;3S91A Ki ylII no9u+ra6ri <nlinn t6'eir,p In ya+Fir.lurae 9l Liyhi hr P. dMnin tonuncn "A 1160 Rolkood St. Corona, CA 92882 + T. 800.862.3202 www,ad-sxom COMPANIES a If 1% Quote T0: City of Santa Ana 20 CMC Center Plaza, M-28 Santa Ana CA 52701 EXHIBIT B Quote Quote No: 38080 Deter 1 012 012 01 6 Pxpires: 12(2812016 Customer No.: CITYOFSANT Page: 1 of 6 Ship To: City of Santa Ana 20 CIVIC Cenler Plaza, M-26 Santa Ana, CA 02701 50%Dap,40°!°Prior Inst,10%Not3O Sign Type: 1 - Downtown Entry Monument ID - Description: Pole structure with sinote faced sign panel with 1"deep fabricated aluminum baekoi, 8/4" deep fabricated aluminum face, and 117." thick acrylic copy. - Dimensions: One (1) 0" wide x 26" high x 2-114" thick sign panol and one (1) 180" tali polo. -Copy: T130, Finish: Painted face panel and powder coated backer panel and polo. - Illumination: None, -Mounfing: Mechanically mounted to new R' diameter polo with ELA Lighting base V4012 and finial WIN -24. - Reference:. Shoals &05.00 and G-05,01. 4,00 Randolph 20,320.00 Sign Type: 2 • Parking Directional- Freestanding 7.00 8,686.00 60,802.00 - Description: Pole structure wilt double faced parking sign panel with P' deep fabricated aluminum backer, W' deep fabricated aluminum face, and 1/4" thick acrylic copy, and doubts faced downtown sign panel with 1" deep fabricated aluminum backer, 3/4" deep fabricated aluminum face, and digitally printed copy, - Dimensions: One (1) 36" diameter x 9" thick parking sign panel, one (1) 48" wide 14" high x 6" thick sign panel, and one (1) 180" tali polo. • Copy: TSD, • Finish: Pahllad face panel and powder coatetl barker panel and pole. - Illumination: None. • Mounting: Mechanically mounted to new N' diameter pole with FLA Lighting base #P-3012 and NOW VIN -24, - Reference: Sheets 0.06.00, G-06.01, G-06,02, 0.06.03, and G-06.0=1. os- 19 Sionaga+Fab, Icution EXTPAn IM Disp lays+ Fixl a res 2LEP I 5G -WF R Lighiing 1-Mu1 n to n o nco 1160 Railroad Si, Corona, CA 92882 T: 800.862.3202 www.od-sxom COMPANIES EXH[B47' B Quote Quote No: 39080 Date: 10/2912016 Expires: 12128/201s Customer No.: Page: CITYOFSANT 2 of 6 r.. Slgn'rypo: 2.1 • Parking Dirocilonal• Message Panel 17,00 3,722,00 63,274.00 - Daaoripllon: Double faced parking sign panel with 1"deep fabricated eluminum backer, 3/4" deep fabricated eluminum fern, and 114" thick acrylic copy, and double facetl downtown sign panel with 1"deep fabricated aluminum backer, 3/4" deep fabricated eluminum face, and digitally printed copy. - Di ...10no- Ona (1) 36" diameter x 9" thick parking slgn pan.. and one (1) 48" Wlde x 14" high x 9" ihlok sign panel • Copy: TBD. • Finish: Painted face panel and powder cooled baekerpanel. - Illumination: None. - Mounting: Mechanically mounted to existing pole, • Reference: Sheet G-07.00. Sign Type: 6 - Vehicular Gateway Directional ID 6.00 61680,00 32,000.00 - Description; Single faced aluminum sign panels with dlgllaily printed copy, and double faced dimensional aluminum lettere. - Dimensions: Four (4) 60" wide x 42" high x •081"thick sign panels, Two (2) 16" high x 6" deep dimensional letters, and twelve (12)13" high x 6" deep dimensional letters. - Copy: TBO, - Finish: Powder coat at sign panels, pahU at dimensional letters. - - Illumination: None. - Mounting: Mechanically mounted to existing pole. - Reference: Sheets 0-08.00 and G-08.01. Sign Type: 6 -Pedestrian Directional (Base Option) •19.00 6,762.00 126,858.00 - Description: Pole alructure with double faced sign panels wih 1"deep fnbrlcated aluminum backer, 3/4" deep Wrestled aluminum face, and diglially printed copy. - Dimensions: One (1) sign panel at 38" wide x 20-112" high x 8" thlck, one (1) sign panel at 38" wide x 10" high x 8" trick, and one (1) 147" tell pole, - Copy: -rBD. - Finish: Pointed race panel nod powder coated backerpoite) and pole. • Iilumin0on: None, - Mounting: Mechanically mounted to new 3" diameter pale with ULA Lighting base #P-3012 and finRtl #FIN -24. - Reference: Shoats G-09.00, G-09.01, end 0,09.02. Sign Type: e - Pedestrian Directional (Alternate Option) 0.00 81661.00 0.00 • Description: Pole structure vAth double faced sign panels with 1" deep fabdcaled aluminum backer and 3/4" thick digitally printed HPL panel, - Dimensions: One (1) sign panel at 38" wide x 20-112" high x8" thick, one (1) sign panel at 38" wide x 10" high x 6" (hick, and one (1) 147" tail pole. • Copy: TBD. • Finish: Powder seat. - Illumination; None. _Mounhng: r4eah�nlc ptourlSp-d,Ea neYt3"_diametecpolavth ELA Lighting base YAP -3012 and finial#FIN-24, -- - Reference: Sheets G-09,00, G-09.01, and G-09,0?., Permit Procurement - Permit fees era excluded (By City). 1.00 844.00 844,00 Perlormenoo Bond (1.5% of total contract) 1.00 4,739.07 4,739.97 VEXTPACE Slgnag0+Fa b r i c a lien IS Oispinys -1-Fixtures 25C-52 W L19bfIng+Ma in 1. n. n ca It 60 Railroad Sf Carona, CA ?2882 T: 800.862.3202 www.od-scorn COMPANIES da es fa tho Prgsal• INCLUSIONS: - Taxes. - Engineering. - Prevailing wage installation rates riming typical business hours. - Shop drawings. -Permilprocumment. EXCLUSIONS' - Permit fees. - Lane and sidewalk closures /franks control. • Waftedfling structural supports_ - Electrical to sign location /fimo cloths - Message schedule, map artwork, site plan with sign locations - Removal of existing signage. EXH1133T B Quote GENERAL NOTES - Pricong is bassoon coring up to a 12" diameter hots of new pole locations, - Finished surface at naw pole 1009til is to be standard colored concrete at existing concrete areas, and pavers at exisbdg paver areas. -Sign counts are basad on quantity counts provided. If qua nitles vary from what is listed in this quota, AO18 may revise the proposal Standard manufacturing load time is 8 — 10 weeks after all approvals. Pricing is booed on one mobilization, This proposal is based on level grade with no underground obstructions, and based on regular unobstructed access to each sign location for auguring l equipment and installation. - If performance bonds are required, fee is 1.5% of the value of the contract. - Small Business millslraban #21078, DIR registration #100000445 7. Any nllnon O or devgelton from the v. til sparrolo 110 hl b entre Mels. 1 he Craaalel only c,h t oral, ct by eM pn11 SON, an exon charge aver anti above the could to to be pall by Ireea purdueser in the evens ak s broach of or del by purchaser SON, will be enlll!e1 to ayl tine urnsFoos Inn Gaud pro m.ut. All R ageamen, u on otall,a upon saikes, asci Co or delays Fend ear control Purchaser to carry bre. taken and clhar necessary irewanco open above work warWnnng Oompanonlivn and public Aabiily insurance on abavewwk to bo taken out by aopar Acceptance of Proposal The above prices, s locacenc, end ,,eIl 0aN nre salld2dnly old are noraby accepted you pia oullmdEed lv da IIN work oa speciluc) Payment ons be made as Wired shave LAIN NF-xT PACE Signage +Fabrication MDisplays+F7xlu res 25C-53 Quote No: 30080 Dale; 101201201s Expires: 12120/2016 Customer No.: CITYO1`8ANT P090: 3 of Not Order: 1 320.737.97 Som Tax 320,7317.97 5 Lighting+Mainlenoncc 1160 Railroad St. Corona, CA 92081 T. 800.862.3202 www'M1.1.com COMPANIES a e M GENERAL TERMS AND CONDITIONS EXHIBIT13 Quote Quote NO: 30080 Dat0l 10128/2016 Expires: 12/28/2015 Customer No.: CITYOPSANT Paye: 4 of 6 1. PRICE f QUOTE EXPIRATION: The eacrosed quote 18 valid for 00 days tram data of quote. -An acceptance of this quote after lite 90 days may be subject to revision to eccoMMOdale for such things as material price chongss or production scheduling loans$ of the seller, All changes will be reBeUed In willing In either a revised quolo or change order to the original quote, 1.1 PAYMENTTERMS Payment Terms of the Agreement must be tolWwed. In the event that the payment terms are not followed according to the agreement the full balance of the can(mat will bo payable prior to Installation of elgn(s). 2.1 PERMITS AND LICENSES: Sailer shall obtain, as Salyer's agent, all original POAMIIs and licenses from public authorities for the Installation of file Display. Buyer shall obtain the necessary permlta from the owner of the Manages and others, exclusive of public authorities, whoso permission Is requisite (or the installation of the display , and shall be responsible that such permission shall not he revoked. Rsyocatlon of any permit required for Installation and maimenance, of display shall not relieve Buyer Rom the payment of all sums due In eceordance will the (arms of this agreement. In class wham Cities have spurned requirements such as lighting In aging. DaWNRlks, additional access doore etc., Seiler will provide such extras where possible At additional tabor charge of 606.00 per hour, glue materials as required. 2.2 PERMIT FEES: Seller shall obtain permlta and licenses as required by authorities for display. The coat of permits and hostages plus a permit aorvlca fee $86.00 par hour will be paw by Buyer. If city Inapeclors require That Sellers be present at time of Inspection or signs an additional $85,00 pot hour will be charged for the inspection time. a. ELECTRICAL CONNECTION: Buyer shall provide elactdoai of suitable capacity (110 yens), to Display/s location, Should eteddoat not be Available at time of Installation $120.00 per hour will bo chafged if we are required to return to connect such display Where this contract Is for roftimashmant of existing storage the contract prlee does not Include eleoldeol repairs. Blecidwi repairs include replacement of ballasts, Amnsformers, lamps, nein units, sockets, switches, housings and wiring, as wall as the laboroharge will be billed at our current labor and material fates. 4. TITLE: Ownership of Display shall remain v+IM Sellar until all payments are made, at which IImO Buyer shall be vested with full 4110 to DISORy, Neither the loss of, Injury to, or destruction of Display nor 1ns11Ju8on Of suit or procurement of Judgment Ihemoo, while In the possession Of Buyer or Its agents, $Bali operate as payment nr as a Uanafar of Iltle to Suyar. ... 5. PRODUCT DELIVERED TO SITE.: All signs delivered to site and either Installed or staged shall On the responalbill y of The buyer, Salter staff not be held fosP-Ville for damages due to vRndnliam, act1diedal damage other than that caused by an employee of seller, theft, or gels of god, If Installation is to take place over multiple days, buyer Is required to provide a secure environment in which to stage signs, 8. DEFAULT: I In The event of any branch by Buyer Of any of the covenants and agreement herein contained, or If during the term of this agreement or any extension thereor, Buyer makes an Assignment for the benefit or creditors, of It a recoivor is appointed to take possession of the business of Buyer, or If salon Is taken to accomplish this end, or if Buyer sells or files, or Moro Is filed on his beha% notice of intention to sell In bulk, or transfer sold buathose Or a material part thereof, voluntarily Or Involuntarfly, Sailer at Its option and without notice to Buyer may declare all alunpaid balance of ki. purchase price herein hnmedfately due and payable and as pormitled by levy (a) sua for same, or (b) Seller may without nonce, domend or legal preooss immediately take possession of display and (1) retain It and alt payments in satisfaction of the balance or (2) sell It at olthor public Or Pdveta sate and pay any surplus to Buyer after deadcting all expenses of repelling, rowndlEoning or preparing the goods for sale. RO Wng and sale of all or any part of the display shall not operate to release Buyer from Sts obligation to pay in full all amounts herein agreed to, and If the amount realized on solo is lass than the obligation due, Seller may hold Buyer for any retailing deticlency, including the cast of retaking and sel6g display, Should Boller take POs$ession of display, All rights of Buyer under title agreement shall immediately terminale and all payments theretofore, made shall belong au.ctutaly to Seller as compensation for the depreciation in value and for lila use of display, and Buyer shall pay to Sailer all Installments than delinquent plea tiro cast or retaking display. In 0080 Sailer shall employ an Attorney to recover display to collect any sum due under this agreement, Buyer P'OMb*s to pay reasonable attorney's (eel to be fixed by lite court All overdue payment shall bear Interest at the roto 16% par annum. Buyer expressly waives any and all rights to notice Or hearing prior to removal, whether such removal shall be e0octed by Sailor, Its agents of roprasentelives, or pursuant to legal process, y. REMOVAL OF DISPLAY: Display shall at all Ames he deemed personal property, and shall Oat by reason of attachment or connection to any realty, become or be deemed a INture or appudenance to such really and shall at all Wnss be esverabie therefrom, end shall be and retain at all times, uta Property of Seller, floe of any claim or right of Buyer, except as set forth hereln_ Seller shall have the fight to enter the premises to Inopoc6 repair or remove Display, ane —r -l.u.. no consuucnon or uisptay and execute the work thereon with due diligence until completion At ouk,dicns to be pedormedl by Seller hereunder shall be subject to delay or (allure resulting from war, fire, labor disputes, enforoeaan cnntmerdal delays, acts of God, regulations or restrictions of the Government of public authodliea, Including obtaining of permits, Or Otter amldents, forces, conditions or olrcumslun¢as beyond lie control. Seller $hell net be liable for any consequential damages as a result of sale delivery(nstabdon of Display. In the event that Buyer decades to cancel or postpone Innlallalton of sign, Buyer will Lnrnedlamly be responsiblefor tale full contract price as well as storage Costs, 8 FwntsWDS EXT G= Signage+Pubricotian W Displays +Plxfuros 25C-54 Buyer Inillar,___.__ EyLighf1ng+MO 1 it t a n a n ca EXT41BIT B MA11 roaCA9lroad 8 Corona, CA 98552 Quote 1':500.862,5202 rvww.ad.psmm COMPANIES 9EN9RAL TERMS AND QONDITIONS • conftnned Quote No: 39090 Dale: '1012,012015 Expires: 1212sailla Customer No.: CITVOFSANT Page; 6 of 5 g. WAIVER OF SREACHI Time and the punatual performance of each and all of the lorms, provisions and agreements hereof are of the easanco of this agreement, except as herein otherwhia expressly provided; no waiver by either party berate of the nonperformance or breach of any form, provisions, account or 60reemenl hereof or 'of any Alaimo hereunder shall be consumed to be, or OPON0 as, 4 walvOr of any subao4U0nl nenpetba tri nae, breach or default 10. TERMSOFAGREEMENTi All of the terns, provlslons and agreements harper shall be binding upon ills successors, assigns or legal representatives of the fasPaotlVO p0olee hereto; provided, however, that the Interest of Buyer ItGWA $11411 be lransforabla only with the written consent of Seller, 11, SERVIC5 WIRING! COST OF ELECTRICITY, REINFORCEMENT OF BUILDING, PHYSICAL CONOTIONS: Buyer shelf bring feed wires of 110 volts (unless otherwise specified) an approved type to [lie Ieaauon of Display price to films, of Installation and shall pay for all electrlo energy dead by Display and shall he responsible for the euPPIV thereof, unless spedfloally stated In writing to the contrary, Suver shall provide ail necessary reliteroememc to ilia bullding on which Display Is Installed. Buyer shall pay for coats of relocating power lines, or other all 10 comply with Iowa of Federal, State or Munlolpal agencies. (s) Slane requldng subsurface, preparation (pale signs and mOlUlnenl signs), The price fixed herein Ia basad an the assumption that Inalallallon will be In normal sot, In the event edvarea Doll conditions or underground abstractions are encountered, Elie parties agree to adjust tine extra Installation cost based on Boiler's additional asst. Buyer shall determhne poelion of display. In the seas whom below surface kitlln5 and preparation for Installation Is required, Seller is excused from any responsibility for damage, which may be incurred in this preparation, and those reepunDiplllllee are transferred to the Novel, (b) It ID the buyore responsibility m prepare all freestanding sign locations at level grads, unless $ provision lies boon made by sailor to the contrary, , bOrmed locations requiring additional sign foundation section concrete pad, leg or bane extensions or moditoallon, dirt or landscape material Imported 10 [lie sign location will be Of additional cost to the buyer. (c) Lavers to be mounted on exterior aide of wall, Electrical system to be contained In transformer box with flex arossovel',a on Interior of wall unless raceway is specified, Access for Installation In front of and behind wall must he evallablro at ulna of thstsllatlon, Though Wall Installation is Assumed to be an normal stucco, woad or soft book fuling, if unique circumstances Inside welt Are dlscwvemd by inatudisr, Boyer, If available, will be notified. lit any event, Buyer shall be billed for special labor on a time spent basis, in cases where cote drilling Is required, this is considered unusual choamslances and will be billed at $120.00 per 11010 in addlllon to contract amount In cmuDo 6. (d) In the event eerllllod wattling vitt on alta special city (Or county) Inspection lareguilred. fill$ cost Is additional send will be duo upon completion of pmgraaslvo Work, (e) Lendseape Efflil en should be prepared or adjusted 80water does not sprhlkla or flood, clubs. , Cnnurllloll9 or regular sprinkling Of these signs, Intliues and will render Vold the warranty. Sign will be wnnected to an approved cleetrlcvl sign ollault of Adequate ome,leay, if available al time of Installation, and within 5 unobstructed fool of display, loeaton. In event, Installation shall be consldsrad complete at Uma sign Is lasted. Should we be squired to return to connect elecldcal not avellahlo at time of Installation, additional labor u1512o.00 per hour will ha blll6d for Ina time Io oorlleol the clan, All dimensions are close approximate and may vary due to existing sanctions at lob sits. 12, WARRANTY. Sailor warrents that Display will be free from defects In materials (except as N lamps) or worlvnanshlp for a ported THREE (a) MONTHS after delivery or Installwtlon, Tile foregoing warranties are exelualas and In Ilan of ell other warranties of msrclranlablllly, fitness for purpose and of any other type, whether express or Implied. I$, INSPECTION; Buyer shall Inspect the display hnmacllatoly upon Installation, and shall notify 501ke In writing of any defects or variations therein. In Ilio Absence of any such written notification wlthln five (8) days after Installation, the display shall be deemed In all respects approved and satisfactory to Buyer, 14. LIEN RIGHTS: II is agreed that Sadler $hail have the right to fits a 20 day I'milminary notice to the owner and Lander on the pro)OOL At Bottom request the necessary Information will be provided so that the proper notacatons can be mauled to the relevant paroles, 18, AGREEMEN78: There are 110 understandings, agreements, warranties, or represetllotion a, other Oral Or WOUO , expressed Or Implied, statutory or otheawdse, Ineludmq warranlles or merchantability, quality of fitness, relative to This order that are not fully expressed herein, and no change or modification of hill order 04011 be mode urine. agreed to In willing and signed by bath padles, 10, GOVERNING LAW.- ;!NA AW:flits 00rumotshort be governed by ilia laws of 1110 StateOf-California, The -padles speeillcsky kind treasonably Name, ha aubmlt any abnirdvumy ar slater selling" " out of or relatng to this Contract, or Ilio branch thereof, to resolution by arblhatlon In aaaarda0a0 with Ilia comnwrolal erbumion rules of the American Arbilyd[on Association (A.A,A.). A judgment upon any award rendered by the arbilrnlora shall be onfored by a court having subject mailer jurisdiction tharoln and all perdes expressly waive any challenge to file 11,16 of arbRuaron 'til aocorlivil wish this Paragraph. The parlas hotels agree that hulsdlctlore and Vanua for ilia headmil of the arbitnuon and ilia entry of Judgment dome said arbitration award anal) be In RIVerslfe County, California. The arbitrators are throated to award the expenses of the ailaRrallon, Inoiudlay required travel and other axpensea of the arbitrators slid any Coals of the arbitrators' rvpregOthiNOs, the costs and charges or the Amerieall ArNtrstan Association, 011 reasonable ntloeei leas aro onto, to the prevailing party In the scAlrelinl. If Ilio parties waive their right, to Arbxrsifu0, which Waiver mual be In vriang and signed by the paellas, they agree that any court of competent Jurisdiction shall award the costa of the stilt. Including romonable orkar y'atoe$ and ewlausea, to the prsvallinn party. Gil 519 in in ge+ha b r c0li on IM pl a Playa+PixI a r a S 25C-55 Buyer Initial: -- KI Lighting+Min i n f a In a n ce 25C-56 CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: AGREEMENT WITH SIEMENS, INC. FOR VIDEO SECURITY SYSTEM ENHANCEMENTS (STRATEGIC PLAN NOS. 1, 1J) CITY MANAGE 1.7=07�iIIT, I:4oI CLERK OF COUNCIL USE ONLY: F_177 Ti1TW ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Siemens, Inc. for Professional Services (to include procurement and installation) of the City's Video Security System Enhancements in the Historic Downtown District, and Santa Ana Police Detention Facility, for the period December 2, 2015 through November 30, 2016, in an amount not to exceed $1,377,493 plus a 10% contingency ($137,750) for a total amount not to exceed $1,515,243, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION In 2010, the City of Santa contracted with Siemens, Inc. to design and build a complete video security system for the Police Administration Building and the Orange County Civic Center. The Orange County Civic Center (including the Police Administration Building) is located in the center of Santa Ana and is the County Seat, which houses key Federal, State, County, and local governmental facilities. After conducting a comprehensive site vulnerability assessment, a gap in the protection capabilities of the Orange County Civic Center was identified and funds from the UASI Grant were used to enhance the physical security of the area. The installation of an integrated video security system provided law enforcement and agencies at all levels of government the ability to maintain real-time situational awareness within the area and increased their capability to support investigations through the review of stored video. Currently, there are 48 cameras protecting the perimeter of the Police Administration Building, and 53 cameras providing coverage throughout the Civic Center and surrounding area, including the Main Library and Garfield Community Center. All were installed, designed, and configured by Siemens' Infrastructure & Cities team. 2501-1 Agreement with Siemens, Inc. December 1, 2015 Page 2 The existing City of Santa Ana Video Security System is an over -arching network of camera and software subsystems that are federated. This means though they each have some autonomy, they are all connected to the Police Department's dedicated data center which houses the main control servers. The subsystems include the Police Administration Building, Civic Center, Main Library, and the Garfield Community Center. The City now desires to expand the existing camera system with two additional subsystems to further increase the safety of residents, visitors, and all employees. The expansion will begin implementation of the "Santa Ana Video Security Enhancement Program". This program will increase the presence of video security as well as other public safety services into the City's Downtown Historic District with the installation of 60 strategically placed cameras, and seven Courtesy Communication Monuments (CCM) mounted in the most critical areas of Downtown. The CCM's will each be equipped with a pan/tilt/video camera on top, four inter -connected cameras providing a 360 degree picture, a forward -facing camera at eye -level, an emergency "911" call button (direct to SAPID dispatch), and a courtesy (411) button for citizens needing local information or direction (direct to Downtown private security). The cost for this phase of the project is $670,348. Furthermore, the second phase of the enhancements will replace the legacy camera system within the Santa Ana Police Detention Facility utilizing modern technology, 160 cameras, and new hardware. The enhancement program will increase the City's security camera system capabilities by 220 cameras, for a City-wide total of 321 cameras. The cost for this phase of the project is $707,145. The base agreement is for $1,377,493 and a 10% contingency has been added for unanticipated and/or necessary improvements, for a total not to exceed amount of $1,515,243 for a 12 month period. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Objective #1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic / pedestrian / bicycle safety), Strategy J (Partner with downtown business and merchant associations to enhance security measures and provide a safe environment [e.g. video surveillance, additional security and police efforts, etc]). 25D-2 Agreement with Siemens, Inc. December 1, 2015 Page 3 FISCAL IMPACT Funds in the amount of $1,515,243 are available in the FY 2015-16 Criminal Activities Fund — DOJ Contract Services account (02614450 62300) and are expected to be expensed in the current fiscal year (2015-16). f Carlos Rojas Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: l�AA, ) Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25D-3 THIS VIDEO SECURITY ENHANCEMENT PROGRAM AGREEMENT is made and entered into this 1st day of December, 2015 by and between Siemen's Industry, Inc., a Delaware 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 video security system design, engineering, architecture, and installation for enhancement/expansion of the City's existing video security system into the Historic Downtown District. B. The City desires to retain a consultant having special skill and knowledge in the field of video security system design, engineering, architecture, and installation for replacement of the Santa Ana Police Detention Facility's legacy video security system. C. Consultant represents that Consultant is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A (downtown security system) and Exhibit B (detention security system) to this Agreement which will include design, engineering, architecture, complete installation, and initial training. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A and Exhibit B respectively. The total sum to be expended under this Agreement shall not exceed one million, three hundred seventy- seven thousand, four hundred and ninety-three dollars ($1,377,493.00) plus a 10% contingency ($137,750.00) to be used at the sole discretion of the City for a total not to exceed amount of one million, five hundred and fifteen thousand, two hundred and forty- three thousand dollars and zero cents ($1,515,243.00) during the term of this Agreement. b. Payments will be made as follows: a. 50% of the Agreement cost will be billed within the first three months (by March 31, 2016) for equipment and engineering costs; b. 40% of the Agreement cost will be billed within the next six months (by September 30, 2016); and c. 10% of the Agreement cost will be billed between September 2016 and November 30, 2016 during the commissioning and after the punch list is completed. 25D-4 C. Payment by City shall be made within forty-five (45) 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 Clty. 3. TERM This Agreement shall commence on the date first written above and terminate on November 30, 2016 unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer portable drives or compact discs, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors; if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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 $2,000,000 per occurrence, with $3,000,000 in the aggregate. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement. 2501-5 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 3700 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 with $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 by the City. (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. 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 affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including 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; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal 25D-6 proceeding. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. 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, 12. 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons: 25D-7 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: And To Consultant: Chief of Police City of Santa Ana 60 Civic Center Plaza (M-96) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 245-8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 Siemens Industry, Inc. 10775 Business Center Drive Cypress, CA 90630 Fax (619) 252-1306 Michael.Dietsch@siemens.com 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 fax, 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. 13. 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 or 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, 25D-8 14. 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. 15, 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: As a condition of such payment, the Police Chief 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. 16. 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. 17. 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. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature here in below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's 25D-9 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 D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Carlos Rojas Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager SIEMEN'S INDUSTRY, INC. Eric Ackerman Area Fire Safety & Security Manager Tax ID# 25D-10 Exhibit A Statement of Work and Proposal Historic Downtown District 25D-11 October 29, 2015 Michael Dletsch Enterprise Account Executive Southern California City of Santa Ana Police Department Santa Ana, California Project Name: Downtown Safety Program • Courtesy Communications Monuments • Surveillance Systems • 36o Degree Cameras at Towers (rev 7) Statement of Work: 1. Siemens to provide all equipment and services to the City of Santa Ana (CoSA), per this scope of work document. It is the intent of this proposal to provide a turnkey installation solution for the described systems, Installation shall include City of Santa Ana traffic assets, parking garages, public buildings and sidewalks, as well as specifically identified privately owned assets and the use of federal building rooftop locations. 2. Siemens has utilized quantities and counts per drawings and specifications developed in conjunction with the Santa Ana Police Department (SAPD). The BASE SYSTEM can be summarized as follows: a. Seven (7) Courtesy Communication Monuments (Towers) located throughout the Santa Ana Downtown District. Monuments will include I. Custom paint and graphic scheme 1. "Courtesy" ii. Two Button operation 1. Emergency 911 2. Information iii. Cellular Communication with SAPD Dispatch (E911) iv. Information connection to SAPD internal extension (non E911) v. fixed Cameras (7) for viewing caller vi. PTZ cameras (7) mounted above tower vii. 360 camera appliance (7) mounted above tower viii. Speaker Array (7) for mass notification b. Eighteen (18) PTZ cameras to be mounted on City assets 1. Parking Garages ii. Traffic Poles Radio Communications to provide Wifi communication of video to SAPD video management systems (existing). Radios shall be mounted on City provided assets: i. Parking Garages ii. Traffic Poles iii. Private owned property in partnership with City (ChaseProperties- Yost Theatre, etc,) SOW Page I 1 25D-12 SIEMENS Michael Dietsch Enterprise Account Executive Southern California d. Repeater/ Link equipment shall be installed on Federal Courthouse Building (tinder agreement with SAPD). L Switches, Radios, Enclosures, Antennas, UPS e. Head -end system enhancements: I. Servers and Storage for 365 days of archived video for the new 33 cameras. Siemens calculations are based on typical video bandwidth requirements and includes 30 days of high resolution, multi-frame rate recording with 335 days of single frame reduced resolution archiving. All storage calculations are provided by Milestone. ii, Network Switches iii. Software and Licenses iv. Programming v. Training vi. Commissioning vii. Engineering Documentation 3. Siemens shall provide a qualified project manager for coordination of all installation activities. The Siemens PM shall conduct weekly status updates with the client for coordination of all installation efforts. 4. All equipment for installation is provided in detailed bill of materials. Equipment not specified in this proposal or outside of described quote shall be provided at additional charge, including storage and licenses. 5. Bill of Materials a11011120 WS -C3850 -24P -S s� Cisco Catalyst 3850 -24P -S - Switch - 24 Ports - Managed - Desktop, Rack -Mountable 1 Cisco 1 Cisco PWR-C1-715WAC= Cisco - Power Supply - Hot -Plug / Redundant -715 Watt 2 Cisco Cisco IE-3000-4TC Cisco Industrial Ethernet 3000 Series - switch - 4 ports - managed - DIN rail mountable 2 Cisco PWR-IE65W-PC-AC= Cisco AC -DC Power Module for POE solution - power adapter - 65 Watt 1 Tripplite BP48V27-2US Tripp Lite External Battery Pack - Battery enclosure ( rack - mountable ) - 2U -19" 1 Tripplite SU1500RTXL2UA Tripp Lite SmartOnLlne- UPS -1.2kW-1500VA 1 Tripplite SNMPWEBCARD Tripp Lite- remote management adapter 10 Netonix WS -8 -250 -AC 8 -Port Managed POE Switch, AC 250Watt 7 Netonix WS -6 -MINI 5 -Port Managed POE Switch, AC 25 Axis 0694-004 AXIS Q6045 -E MI(II 7 Axis 0658-001 AXIS F41 Main Unit 7 Axis 0675-001 AXIS F1005 -E Sensor Unit, 3 m,w/F8201 Mt 17 Axis 5504-621 AXIS T911361 Wall Mount SOW Page 12 25D-13 SIEMENS Michael Dietsch Enterprise Account Executive Southern California 7 Axis 0636.001 AXIS 016000-E, 360 Degree Network Camera Im LIZ= 5017-671 AXIS T91A67 Pole Bracket 17 Axis 8 Axis 5502-431 AXIS T94AOID Pendant Kit; Q60Pendant 7 Axis 5505-801 AXIS F8002 Din Rail Clip 1 Axis 0217-101 VT CORNER MOUNT WCWA 1 Videolarm PRM50G PRM50G Parapet Mount 17 Videolarm APM3W VIDEOLARM APMW POLE BRACKET 2 HP DL380Gen9NVR32TB HP DL380 Gen9 32TB NVR 1 HP HPMSA204OCTRL72TB HP MSA 2040 SAN Controller 7276 1 HP HPMSA2040ENCL HP MSA 2040 ES LFF ENCLOSURE 72 17 Ubiqulti NBE-SAC-19 NanoBeam AirMax AC 17 Ubiquiti NBE-WMK NanoBeam Wall Mount Kit 2 Ubiquiti AF24HD AlrFiber24HD 4 Ubiquiti AF5 AlrFiber5GHz 8 Ubiquiti RSAC-PTMP Rocket AirMaxAC PTMP 8 Ubiquiti AM-5AC21-60 AlrMax AC Sector Antenna 1 Black Hawk Labs MRQ351S14 IOU +4UMinIRaQSecure - Compact with Vented Bottom 1 Black Hawk Labs S14 PRO KIT MiniRaQSecure 14U Professional Accessory Kit _ 1 Black Hawk Labs BH2O26 MfniRaq 4G Magnetic Filter Set 14U 6 Siemon 9C604 -E1 Category 6 UTP Outside Plant Direct Burial4-Pair cable, Black PE Jacket, 1000 ft. Reel 2 Siemon HD6-'24 24 -port flat HD 6 patch panel, T568A/B,1 RMS 32 Siemon MC6-03-07 3' CAT6 Mod Cord 24 Slemon MC6-12-07 12' CAT6 Mod Cord 2 Siemon HD6-89D-12 12 -port panel, T568A/B wiring, mounted on 589D bracket 8 Commscope 760170886 Commscope 1572A CAT 6 F/UTP CABLE, OUTDOOR, BLACK JACKET, ALUMINUM TAPE SHIELD, INNER 1 Tripplite 8070 -016.19 -IP Tripp Lite NetCommander KVM console -19" 2 Tripplite 8078 -101 -USB -8 Tripp Lite KVM Switch USB Server Interface Unit Virtual Media - keyboard / video / mouse / USB adapter (pack of 8 ) 8 Transactor 1101-959 TRANSECTOR ALPU-PTP-M OD METAL ENCLOSURE 9 Commscope M"r-651.96 COMMSCOPE PLAIN END GALVANIZED 2 3/8" OD & 8' TALL PIPE 9 Commscope WMA238 Commscope Wall Mount for 2-3/8 in OD Pipe 1 Veracity VTN-TN Veracity NTP Server 9 Hoffman A1412CHQR HOFFMANI4.00x12.00x6.00STEEL GREYJ-BOX 3 Hoffman ECL404020CH Hoffman Comline Type 4X, 15.70 x 15.70 x 7.90 Enclosure 3 Hoffman ESSF14020 __ Hoffman Sunshield ESSH4020 SOW Page 13 25D-14 SIEMENS Michael Dletsch Enterprise Account Executive Southern California fl Hoffman PTL36B Locking wing nut with 2_ keys 3 Hoffman PTWK 2 Hoffman CPMK16 Hoffman CPMK16 Pole Mount 6 Rohn FRM238SP5HC ROHN NON -PENETRATING ROOF MOUNT2 3/8" & 5' TALL 6 Rohn FRMMAT ROHN MAT KIT FOR FIRM MOUNTS 42-1/2"x36"x1/8" THICK 33 Milestone XPCODL Milestone XProtect Corporate Device License 33 Milestone YXPCODL Milestone XProtect Corporate Device SUP 2 BlackEox JHOOK-I2-S-100 Black Box 1 -HOOK 3/4" Standard, Size 12 - cable hook (pack of 100 ) 7 CodeBli 8B12BD14065 Signature Help Points Tower (Custom PN) 7 Netonix PA -SOV -65W 50V 65W Power Adapter 2.5mm barrel conn. 2 Cisco IEM-3000-4PC= Cisco Expansion POE/POE+Module - expansion module Clarifications `and Exclusions: � j • Siemens pricing assumes execution of work during normal business hours. • Siemens scope of work excludes temporary power and lighting. • One Year Warranty on Parts. • Dedicated 110v power shall be provided by the client for connection to by Siemens. Siemens assumes 110v power shall be accessed at parking garages, traffic control boxes and on Federal Building rooftop. • Siemens assumes all existing conduits from traffic boxes to poles and across intersections are in good working order and shall be designated for use by Siemens. No additional conduits are included in Scope of Work within intersections. • Siemens assumes use of mounting assets, as described herein and as directed by SAPD during project site walks, are to be freely accessible. Sites include all City parking garages (and electrical rooms), traffic control enclosures, traffic poles, Federal Building, Chase Properties (Yost Theatre) and SAPD Building. • All GSM cellular contracts are the responsibility of the client and excluded from Siemens pricing. Siemens shall provide radios for integration with Code Blue. • Siemens has provided no exposed contingency for unforeseen scope changes and obstructions that may appear in the field. • All equipment not itemized on detailed bill of materials will be at additional cost. Siemens has provided equipment based on submittals and drawings. Locations or devices not indicated on drawings will be at additional cost. • Siemens Industry, Inc. Terms and Conditions apply. • Siemens requires signed agreement or acceptable client Purchase Order, prior to all work commencement, including parts acquisition or project mobilization. SOW Page 14 25D-15 SIEMENS Michael Dietsch Enterprise Account Executive Southern California Investment Summary: Downtown Safety Program Base Project............................................................... $ 670,348.00 ACKNOWLEDGEMENT I have read the attached Terms and Conditions of Sale, understand them fully, and agree to abide by them. I understand that payment is due upon receipt of the invoice. Equipment will be invoiced upon shipment from the designated shipping point and installation charges will be invoiced as the job progresses, Siemens Quotation ID# 101915.14342-0352 Proposal Amount: $670,348.00 Six Hundred Seventy Thousand, Three Hundred Forty Eight Dollars and no/100's CUSTOMER REPRESENTATIVE Accepted By: Name: Title: Date: Respectfully: a/�ee%�ietse% deta6er29 2093 Michael Dietsch SIEMENS Industry, Inc. Infrastructure & Cities Sector 25D-16 SOW Page 15 Exhibit B Statement of Work and Proposal Santa Ana Police Detention Facility 25D-17 October 21, 2015 City of Santa Ana Santa Ana, California Project Name: Santa Ana Jail Surveillance System Convergence Program • Replace Vicon Net VMS with City standard Milestone XProtect Michael Dietsch Enterprise Account Executive Southern California • Upgrade existing analog cameras with IP High Definition Cameras • Extend archiving capabilities to 365 days retention of video • Create 3o day High Resolution/ High Frame Rate recorded video archive stream • Integrate Jail Surveillance System with converged City of Santa Ana network and surveillance platforms Siemens to provide all equipment and services to the City of Santa Ana (CoSA), per this scope of work document. It is the intent of this proposal to provide a turnkey installation solution for the described systems: a, Jail security/surveillance systems b. Storage system expansion c. Expanded network d. New camera installation e. Upgrade existing cameras Siemens has utilized quantities and counts per drawings and specifications developed in conjunction with the City of Santa Ana Police Department. The BASE SYSTEM can be summarized as follows: Siemens to replace existing analog cameras throughout the Santa Ana Jail Surveillance System. Access System (used for manual verification and jail system controls) is not included in this scope of work. The existing analog matrix switch will not be controlled or interfaced with, unless specifically called out. Siemens to install high definition cameras throughout, per the camera schedule and this scope of work. Siemens will conduct a final engineering document prior to commencement of work. Changes, additions and deletions will be detailed at that time and a modification to the scope of work and agreement will be agreed by both parties, as required. o Passage hallway to County Jail will utilize existing cameras and be monitored in the new system, in parallel. These cameras shall remain analog and will be encoded for inclusion in digital system (-22 cameras) SOW Page I 1 25D-18 SIEMENS Michael Metsch Enterprise Account Executive Southern California • Siemens to install a new expansion to existing Police Department security/surveillance systems. The system will based on the existing Milestone XProtect Corporate platform. 0 160 Single Channel Licenses are included in scope. Ill replacements • 22 analog to remain — 27 new HD cameras o One year Software Upgrade Plan provided. o HP Storage system shall provide 30 days of high resolution, high frame rate video. o Archive video shall be provided within a separate and parallel stream for 365 days at significantly reduced resolution and frame rate (but consistent with current recording capabilities). • Siemens to provide switches and mount for expansion to existing Santa Ana network. All Siemens provided Cisco equipment shall be designed and specified in accordance with City standards. The City of Santa Ana will provide configuration, integration into existing network and will coordinate the configuration with Siemens, for the purpose of this system. • Siemens to provide minimal amounts of conduit, as required. Conduit is limited to outdoor areas (rear yard, inmate exercise yards). All other conduits are existing and to be utilized by Siemens for this project. • Siemens to utilize existing Fiber Network. Testing of fiber will be required and provided by Siemens to ensure integrity. All additional fiber will need to be identified and proposed separately, • Siemens to provide necessary UPS backups for supplied equipment and systems. Siemens will assume all emergency power shall be provided by client, as appropriate and required. • Siemens to install cameras throughout the facility and install connectivity, network, storage and servers in designated IDF's and Server Room at the Santa Ana Police Headquarters Building. 3. Siemens shall provide a qualified project manager for coordination of all installation activities. The Siemens PM shall conduct weekly status updates with the client for coordination of all installation efforts. 4. All equipment for installation is provided in detailed bill of materials. Equipment not specified in this proposal or outside of described quote shall be provided at additional charge, including storage and licenses, SOW Page 12 25D-19 SIEMENS Michael c t Enkerprise Account Executive Southern California 5. Bill of Materials: SOW Page 13 25D-20 2 Cisco WS-C3850-12XS'E CISCO CATALYST 3850 12 PORT 10G FIBER SWITCH IP SERVICES Cisco WS -C3850 -24P -E Cisco Catalyst 3850 -24P -E -Switch - 24 Ports - Managed - Desktop, 2 Rack -Mountable 3 Cisco PWR-C1-350WAC= Cisco - Power Supply - Hot -Plug / Redundant -350 Watt 2 Cisco PWR-C1-715WAC= Cisco - Power Supply - Hot -Plug / Redundant -715 Watt 1 Cisco C3850 -NM -2-10G= Cisco - Expansion Module - 2 Ports Cisco WS -C3850 -12S -S Catalyst 3850 -12S -S -switch - 12 ports - managed - desktop, rack - 1 mountable Cisco WS-C296OX-24PS-L Cisco Catalyst 2960X-24PS-L - Switch - 24 Ports - Managed - Desktop, 8 Rack -Mountable 4 Cisco SFP4OG-LRS= Cisco-SFP+ transceiver module -10Gbps Cisco GLC -SX -MMD= Cisco -SFP(mini-GBIC)transceiver module - 20 1 Gbps 12 Cisco GLC -LH -SMD= Cisco - SFP (mini-GBIC) transceiver module - 1 Gbps Tripplite BP48V27-2US Tripp Lite External Battery Pack - Battery enclosure ( rack -mountable) - 2 2U-19" Tripplite SU15O0RTXL2U Tripp Lite SmartOnLine - UPS- 1.2 kW - 1500 5 A VA 5 Tripplite SNMPWEBCARD Tripp Lite- remote management adapter 18 Axis 0658-001 AXIS F41 Main Unit 18 Axis 0675-001 AXIS F10O5-E Sensor Unit, 3 m,w/F82O1 Mt $5 Axis 0761-001 AXIS P3225 -LV Network Camera 4 Axis 0586-001 AXIS P3365 -V Network Camera g Axis 0616-001 AXIS Q3505 -V 9mm Network Camera 8 Axis 0618-001 AXIS Q3505 -VE 9mm Network Camera 7 Axis 0406-001 AXIS P33O7-V Dome Network Camera 22 Axis 0710.001 AXIS Q8414-LVS White 85 Axis 5505-581 AXIS T94MO1L RECESSED MOUNT 2 Axis 0542-004 Axis P7216 video encoder- 16 channel HP DL380 Gen9 NVR 32TB HP DL38O Gen9 32TB NVR 2 HP iP MSA 2040 ENCL HP MSA 2040 ES LEE Enclosure 72TB 3 72TB Black Hawk MRQ351S10 6U+4U MiniRaQSecure- Compact with Vented Bottom 4 Labs Black Hawk S10 PRO IIT MiniRaQSecure 10U Professional Accessory Kit 4 Labs Black Hawk BH2O25 MiniRaq 4G Magnetic FilterSet 10U 4 Labs SOW Page 13 25D-20 SIEMENS Michael Dietsch Enterprise Account Executive Southern California 6, TECHNICAL APPROACH: -Final Proposal -City Council Approval -PO Issuance -Drawings/ Locations at Schematic Level (50%) -Schedule Development/ End-user coordination/ IT Coordination -Design Drawings to 100% (incorporate any changes due to field conditions, -Preliminary Order Placed for cabling, software, recording devices Detailed Site Approach (schedule confirmed) -Implementation Plan (Tool Plan, Safety Plan, QA/QC Plan) -Testing Plan -Site Coordination/ Mobilization -Install/ New System Standup -Ste Testing -As Built -As-Built Submittals -Testing and Close -Out Documentation • Maintenance/warranty Turnover SOW Page 14 25D-21 Siemon MX407- Cat 6A Shielded Workstation Green Jacks 152 26 Siemon 9C6P4-E2-07-RXA CAT6 System 6 Plenum 4 -Pair UTP Cable (CMP, CSA Type FT6), 1000 ft. Reelex _ T _ 6 Siemon HD6-24 24 -port flat HD 6 patch panel, T568A/B, 1 RMS 152 Siemon MX-SM2-02 Two Port Surface Mount Boxes - White 7 -Max 152 Siemon MC6-01-07 V CAT6 Mod Cord 152 Slemon. MC6-07-07 T CAT6 Mod Cord 160 Milestone XPCODL Milestone XProtect Corporate Device License 160 Milestone YXPCODL Milestone XProtect Corporate Device SUP 8 BlackBox JHOOK-64-S-25 Black Box 1 -HOOK 4" Standard, Size 64 - cable hook (pack of 25 16 BlackBox JHOOIK-32-5-100 Black Box 1 -HOOK 2" Standard, Size 32 - cable hook (pack of 100 ) 24 BlackBox JHOOK-I2-S-100 Black Box J-1-I001K 3/4" Standard, Size 12 - cable hook (pack of 100 ) 28 Axis 5031-511 AXIS T8351 Microphone 3.5 mm 28 Axis 5033.541 AXIS TS353B Microphone Phantom Power 6, TECHNICAL APPROACH: -Final Proposal -City Council Approval -PO Issuance -Drawings/ Locations at Schematic Level (50%) -Schedule Development/ End-user coordination/ IT Coordination -Design Drawings to 100% (incorporate any changes due to field conditions, -Preliminary Order Placed for cabling, software, recording devices Detailed Site Approach (schedule confirmed) -Implementation Plan (Tool Plan, Safety Plan, QA/QC Plan) -Testing Plan -Site Coordination/ Mobilization -Install/ New System Standup -Ste Testing -As Built -As-Built Submittals -Testing and Close -Out Documentation • Maintenance/warranty Turnover SOW Page 14 25D-21 SIEMENS Michael ieti ✓` Yi`i Enterprise Account Executive Southern California Noto, ClarificationsExclusions: • Siemens assumes AutoCAD backgrounds shall be provided for engineering purposes. Siemens to provide a block architecture diagram, floor plans and logical network diagram as part of engineering package. • Siemens has excluded costs for scissor lifts within the jail mods. Siemens will provide outdoor lift, if required, for rearyard installation. • Siemens excludes all patch and paint required by removal of existing cameras. • Siemens • Siemens pricing assumes execution of work during normal business hours. • Siemens scope of work excludes temporary power and lighting. • One Year Warranty on Parts and Workmanship and equipment supplied and Installed by Siemens. All existing equipment, wiring and hardware/software not supplied by Siemens is excluded from the limited warranty. • Dedicated 110v power shall be provided by the client for connection to by Siemens. Siemens will require access to 110v circuits at each IN location within the Jail. • Siemens excludes all fiber and assumes existing fiber shall be utilized for this project. Where existing fiber is absent or in poor operational condition, additional charges may apply. • All camera equipment specified shall be Axis Communications. • All network equipment specified shall be Cisco. Siemens to mount and terminate network backbone appliances. Siemens excludes all programming and configuration. It is assumed that the City of Santa Ana IT Department shall provide all network configuration and management. Siemens to coordinate and assist. • All equipment not itemized on detailed bill of materials will be at additional cost. Siemens has provided equipment based on submittals and drawings. Locations or devices not indicated on drawings will be at additional cost. • Siemens Industry, Inc. Terms and Conditions apply. • Siemens requires signed agreement or acceptable client Purchase Order, prior to all work commencement, including parts acquisition or project mobilization. SOW Page 15 25D-22 SIEMENS Michael Dietsch Enterprise Account Executive Southern California Investment Summarv: City of Santa Ana Jail Convergence Program Base Project $ 707,145.00 ACKNOWLEDGEMENT I have read the attached Terms and Conditions of Sale, understand them fully, and agree to abide by them. I understand that payment is due upon receipt of the invoice. Equipment will be invoiced upon shipment from the designated shipping point and installation charges will be invoiced as the job progresses. Siemens Quotation ID#k 102115-12452-0353 Proposal Amount: $707,145,00 Seven Hundred Seven Thousand, One Hundred Forty Five Dollars and no/100's CUSTOMER REPRESENTATIVE Accepted By: Name: Title: Date: Respectfully: �alaeej%ieG�a/, OetoAr 21 20�f Michael Dietsch SIEMENS industry, Inc. Infrastructure & Cities Sector 25D-23 SOW Page 16 Exhibit C Sample Additional Insured Endorsement ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 25D-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: AGREEMENT WITH COPLOGIC, INC. FOR ONLINE POLICE REPORT SYSTEM {STRATEGIC PLAN NO. 1, 3A} CITY MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: /_1WN:Zi11MAN ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a three-year agreement with Coplogic, Inc. for the period of November 12, 2014 to November 11, 2017 to provide online police report services at $17,063 a year, for a three year total of $51,189, plus a $5,000 contingency for a total amount not to exceed $56,189, subject to non -substantive changes by the City Manager and City Attorney. DISCUSSION On June 20, 2012, the City Council approved an agreement with Coplogic to provide an online police report system. The Coplogic system enables the public to quickly and efficiently document crimes where they have been a victim. By using this tool, the community is given an additional method to create a police report that is available at all times without having to wait for assistance from Police Department personnel. It also enhances the Santa Ana Police Department's ability to respond to more urgent requests for service by freeing up officers who would otherwise be occupied writing these reports. Coplogic was recently acquired by Lexis Nexis, which caused delays in developing a new agreement. This three-year agreement includes services provided for the period of November 12, 2014 to November 11, 2015. The software is proprietary and can only be serviced by Coplogic, Inc. The recommended action will allow for continuous service to the Santa Ana Police Department. 25E-1 Agreement with Coplogic, Inc. December 1, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #1 Community Safety, Objective #3 (Promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy A (Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively.) FISCAL IMPACT Funds for this agreement are available in the Police Department's Information Services contract services account (no. 01114425-62300) for the following fiscal years: FY 2015-16 $17,063.00 Year 1 (2014-2015) $17,063.00 Year 2 (2015-2016) FY 2016-17 $17,063.00 Year 3 (2016-2017) $5,000.00 10% Contingency Total $56,189.00 APPROVED AS TO FUNDS AND ACCOUNTS: lbc,6 JjJ Ca los Rojas Francisco Gutierrez Chief of Police Executive Director Santa Ana Police Department Finance and Mgmt. Services Agency Exhibit: 1. Agreement 25E-2 Desk Officer Reporting System (DORS) SE'T'UP AND SUBSCRIPTION LICENSE AGREEMENT THIS SETUP AND SUBSCRIPTION 'LICENSE AGREEMENT ("Agreement") is made on this 1st day of December, 2015, by and between the City of Santa Ana, a charter city arid municipal corporation under the laws of the State of California and hereafter referred to as "Licensee' and Coplogic Inc., on behalf of itself and its affiliates, a California corporation with an office at 1000 Alderman Drive, Alpharetta, Georgia, 30005 and trereafter referred to as "Licensor". NOW, THEREFORE, IN CONSIDERATION OF 'THE MU'T'UAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS: i1 (a) "Documentation" means technical manuals, training manuals, user guides, and workbooks, as updated and amended from time to time, provided by Licensor to assist Licensee with the use of Software. (b) "Software" means all or any portion of the global version of the binary computer software programs and updates and enhancements thereto, and Documentation hosted by Licensor on behalf of Licensee or delivered by Licensor to Licensee. Software includes any third -party software delivered by Licensor and modifications made to the Software. Software does not include source code to third party software. Unless specifically stated otherwise, all Software is delivered to Customer only if and when generally commercially available. (c) "Install" means placing the Software on a computer's hard disk (d) "Use" means (i) executing or loading the Software into computer RAM or other primary memory, and (ii) copying the Software for archival or emergency restart purposes. 2. GRANT OF RIGHTS AND SCOPE OF SERVICES Licensor hereby grants to Licensee a nonexclusive, nontransferable license to use the Software on Licensor's servers for the term of this Agreement. Licensor also agrees to provide the services listed in the Scope of Services attached hereto as Exhibit "A" and made a part hereof. All requests by the Licensee for additional features or functionality that fall outside of Exhibit "A" Scope of Services shall be addressed following the "go -live" date of the Software and shall be quoted separately. 3. LICENSE TERM This Agreement is effective when the Agreement is executed by both parties and the license granted to the Software remains in force until terminated in accordance with this Agreement. 4. COST AND FEES Licensee agrees to pay Licensor license and maintenance fees totaling USD$51,189.00 to be paid in equal installments of $17,063.00 per year for three years. Licensee's Year One and Year Two payment (as stated in Exhibit B, Schedule B) shall be clue upon execution of this agreement. All payments shall be made within thirty (30) days from the date of invoice by electronic funds transfer to the Licensor's account specified in writing, or by check made payable to "Coplogic, Inc. a LexisNexis company" and delivered to PO Box 7247-6157, Philadelphia, PA 19170-6157, 4.1. Taxes, In addition to other amounts payable under this Agreement, Licensee shall pay any and all federal, state, municipal, or other taxes, duties, fees, or withholding currently Coplogic - DORS Setup and Subscription License Agreement (AST 11.20.15) 25E-3 or subsequently imposed on hicensee's use of the Software or the payment of the License Fee to Licensor, other than taxes assessed against Licensor's net income. Such taxes, duties, fees, withholding, or other charges shall be paid by Licensee or Licensee shall provide the appropriate authority with evidence of exemption from such tax, duty, fee, withholding, or charge. If Licensor is required to pay any such tax, duty, fee, or charge, or to withhold any amount from monies due to Licensor from Licensee pursuant to this Agreement, Licensee shall promptly reimburse Licensor any such amounts. 5. TERMINATION Licensee may terminate this Agreement at any time on thirty (30) days written notice to Licensor. Licensor shall have the right to terminate this Agreement on thirty (30) days written notice to Licensee if Licensee fails to pay any arnount due to Licensor under this Agreement or the Support and Maintenance Agreement, or if Licensee fails to perform any obligation required of Licensee Linder this Agreement or if Licensee becomes bankrupt or insolvent. On termination, Licensee will promptly return all copies of the Software to Licensor or destroy all of Licensee's copies of the Software and so certify to Licensor in writing within fourteen (14) days of termination. 6. RIGHTS UPON TERMINATION Licensor has and reserves all rights and remedies that it has by operation of law or otherwise to enjoin the unlawful or unauthorized use of Software or Documentation. Upon termination of this License, all rights granted to Licensee under this Agreement cease and Licensee will promptly Cease all use anti reproduction of the Software and Documentation, and Licensee shall return to Licensor or destroy the original and all copies of the Software and Documentation including partial copies and modifications. Sections 9, 10, 11, 12, and 13 will survive termination or expiration of this Agreement as will any cause of action or claim of either party, whether in law or in equity, arising out of any breach or default. 7, TI'T'LE TO SOFTWARE Licensor retains title to and ownership of the Software and Documentation and all enhancements, modifications and updates of the Software or Documentation. Licensee shall not distribute the Software to any persons or entities other than Licensee's employees as designated solely by Licensee. Licensee may not sell the Software to any person or make any other commercial use of the software. Licensee shall retain all copyright and trademark notices on the Software and Documentation and shall take other necessary steps to protect Licensor's intellectual property rights. 8. MODIFICATION AND ENHANCEMENTS Licensee will make no efforts to reverse engineer the Software, or make any modifications or enhancements or derivative works based on the Software without Licensor's express written consent. 9. WARRANTY Licensor warrants that from the date of this License, the Software will function given the original configuration is not replaced or changed by Licensee. Licensor warrants that to time best of its knowledge, information, and belief, the Software does not contain any known viruses, back -doors or time bombs, (or similar malicious code), or undocumented security codes than could prevent Licensee's use of the Software. THE WARRANTY GRANTED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Coplogic — DORS Setup and Subscription License Agreement (AST 1 1.20.15) 25E-4 Licensor's entire liability and Licensee's sole and exclusive remedy for breach of the foregoing warranty shall be, at Licensor's option, to: Return to Licensee the maintenance fee for the period in which the Software did not perform according to this warranty, or Repair the defects or • Replace the Software. 10. INDEMNITY Licensor shall indemnify, hold harmless, and defend, with counsel acceptable to Licensee, the Licensee (including its elected officials, officers, agents and employees) from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses, and including court costs and attorney's fees) resulting or arising from performance, or failure to perform, under this Agreement. Claims which trigger Licensor's responsibility under this Section shall include any claims that the Software resulting from the provision of Services pursuant to the attached Exhibit A Scope of Services infringes any patent, trademark, service mark, copyright, or accidental or intentional violation of a trade secret or other intellectual property of a third party not included in this Agreement. Licensor shall, in its reasonable judgment and at its option and expense: (i) obtain for the Licensee the right to continue using the Software; or (ii) replace or modify the Software so that it becomes non -infringing while giving equivalent performance. Licensor shall not have any liability for a claim alleging that any Software infringes a patent or copyright if the alleged infringement was developed based on information furnished by the Licensee or if the alleged infringement is the result of a modification made by the Licensor, at the direction of the Licensee or with Licensee approval. Licensee shall be responsible for maintaining appropriate licenses for software not provided by Licensor. Licensee shall indemnify, hold harmless, and defend, with counsel acceptable to Licensor, the Licensor (including its officers, agents and employees) from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses, and including court costs and attorney's fees) resulting or arising from or incurred in connection with, Licensee's use or reproduction of the Software pursuant to this Agreement. Should any claim subject to indemnity be made against Licensor or Licensee, the party against whom the claim is made agrees to provide the other party with prompt written notice of the claim. The indemnifying party will control the defense and settlement of any claim with respect to which it has a duty to indemnify under this Section provided that such a settlement does not include any admission of liability on behalf of the indemnified party. The indemnified party agrees to cooperate with the indemnifying party and provide reasonable assistance in the defense and settlement of such claim. The indemnifying party is not responsible for any costs incurred or compromise made by the indemnified party unless the indemnifying party has given prior written consent to the cost or compromise. It. LIMITATION OF LIABILITY In no event shall Licensor be liable for any indirect, special, incidental, or consequential damages in connection with this Agreement or the performance or failure to perform under this Agreement, even if advised of the possibility of such damages. To the extent permitted by law, Licensor's total aggregate liability in connection with any cause of action, costs or damages relating to this Agreement shall not exceed the annual fee received by Licensor from Licensee in the twelve (12) months period preceding the event giving rise to the claim. Coplogic— DORS Setup and Subscription License Agreement (AST 11 20,15) 25E-5 12. ATTORNEY FEES If any legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which it may be entitled. 13. CONFIDENTIAL INFORMATION (a) The term "Confidential Information" shall mean any and all information, which is disclosed by either party to the other verbally, electronically, visually, or in a written or other tangible form, which either is identified or should be reasonably understood to be confidential or proprietary. Confidential Information includes, but is not limited to, trade secrets, computer programs, software, documentation, formulas, data, inventions, techniques, marketing plans, strategies, forecasts, customer lists, employee information, financial information, confidential information concerning Licensor's business, as Licensor has conducted it or as it may conduct itself in the future, confidential information concerning any of Licensor's past, current, or possible future products or manufacturing or operational methods, including information about Licensor's research, development, engineering, purchasing, manufacturing, accounting, marketing, selling or leasing, and any software (including third party software) provided by Licensor. Licensor's Confidential Information shall be treated as strictly confidential by Licensee and shall not be disclosed by Licensee except to those third parties with a need to know and that are operating under a confidentiality agreement with nondisclosure provisions no less restrictive than those set forth herein. This Agreement imposes no obligation upon the parties with respect to Confidential Information which either party can establish by legally sufficient evidence: (i) was in the possession of, or was rightfully known by the Licensor without an obligation to maintain its confidentiality prior to receipt from other party; (ii) is or becomes generally known to the public without violation of this Agreement; (iii) is obtained by Licensee in good faith from a third party having the right to disclose it without an obligation of confidentiality; (iv) is independently developed by Licensee without the participation of individuals who have had access to the Confidential Information or (v) is required to be disclosed by court order or applicable law, provided that Licensee promptly notifies Licensor in order for the disclosing party to have an opportunity to seek an appropriate protective order. The Licensee shall not obtain, by virtue of this Agreement, any rights title or interest in any Confidential Information of the Licensor. Within fourteen (14) days after termination of this Agreement, each party shall certify in writing to Licensor that all copies of Licensor's Confidential Information in any form, including partial copies, have been destroyed or returned to Licensor. (b) Licensor acknowledges that the Licensee is a governmental agency and may be required to disclose certain information under requests made according to provisions of the Public Records Act. Licensee shall give notice to Licensor of any request for the disclosure of any information set apart and marked "confidential," "proprietary" or "trade secret" by Licensor. Licensor shall then have five (5) days from the date it receives such notice to enter into an agreement with Licensee providing for the defense of, and complete indemnification and reimbursement for all costs (including plaintiff's attorney's fees) incurred by Licensee in any legal action to compel the disclosure of such information under the Public Records Act. Licensor shall have the sole responsibility for the defense of the actual proprietary or trade secret designation of such information. The parties understand and agree that any failure by Licensor to respond to the notice provided by Licensee and/or to enter into an agreement with Licensee, as set forth above, shall constitute a complete waiver by Licensor of any nondisclosure or confidentiality rights hereunder with respect to such information, and such informmation shall be disclosed by Licensee pursuant to applicable procedures required by the Public Records Act. (c) Licensee shall protect the deliverables resulting from Services with at least the same degree of care and confidentiality, but not less than a reasonable standard of care, which Licensee utilizes for Licensee's Confidential Information. Coplogic — DORS Setup and Subscription License Agreement (AST 1L20.15) 25E-6 (d) The terms of this Section shall survive termination of this Agreement. Licensor and Licensee acknowledge that any breach of this Section by Licensee will irreparably harm Licensor. Accordingly, in the event of a breach, Licensor is entitled to promptly seek injunctive relief in addition to any other remedies that the disclosing party may have at law or in equity. 14. RELATIONSHIP BE'rwEEN THE PARTIES Licensor is, and at all times shall remain, an independent contractor solely responsible for all acts of its employees, agents, or sub consultants, including any negligent acts or omissions. Licensor is not Licensee's agent, and shall have no authority to act on behalf of the Licensee, or to bind the Licensee to any obligation whatsoever, unless the Licensee provides prior written authorization to Licensor. Licensor is not an officer or employee of Licensee and Licensor shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement. 15. CONFLICTS OF INTERESTPROHIBITED Licensor (including its employees, agents, and sub Licensors) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. 16. COMPLIANCE WITH LAW AND STANDARD OF CARE Licensor shall comply with all applicable legal requirements including all fedcral, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement. Licensor shall perform services under this Agreement using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to Licensor, performing under circumstances similar to those required by this Agreement. Licensor certifies that its employees have the training and experience to perform and complete all services mentioned herein and outlined in Exhibit A. 17. INSURANCE Licensor shall, throughout the duration of this Agreement, maintain insurance to cover Licensor (including its agents, representatives, sub -consultants, and employees) in commection with the performance of services under this Agreement. This Agreement identifies the minimum insurance levels with which Licensor shall comply; however, the minimum 'insurance levels shall not relieve Licensor of any other performance responsibilities under this Agreement (including the indemnity requirements), and Licensor may carry, at its own expense, any additional insurance it deems necessaryor prudent. Concurrently with the execution of this Agreement by the Licensor, and prior to the commencement of any services, the Licensor shall furnish written proof of insurance (certificates and endorsements), in a form acceptable to the Licensee. Licensor shall provide substitute written proof of insurance no later than thirty (30) days prior to the expiration date of any insurance policy required by this Agreement. 17.1. Minimum Insurance Levels. Licensor shall maintain insurance at the following minimum levels: (a) Commercial General Liability coverage in an amount not less than USD$2,000,000 general aggregate and USD$1,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage. (b) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance, (c) Errors and Omissions Liability Insurance appropriate to the Licensor's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. Coplogic — DORS Setup and Subscription License Agreement (AST t 1.20.19) 25E-7 17.2. Endorsements. The insurance policies shall be endorsed as follows: (a) For the commercial general liability insurance, the Licensee (including its elected officials, employees, and agents) shall be named as additional insured. (b) Licensor's insurance is primary to any other insurance available to the Licensee with respect to any claim arising out of this Agreement. Any insurance maintained by the Licensee shall be excess of the Licensor's insurance and shall not contribute with it. 17.3. Qualifications of Insurers. Alt insurance companies providing coverage to Licensor shall be insurance organizations authorized by the Insurance Cormnissioner of the State of California to transact the business of insurance in the State of California, and shall have an A.M Best's rating of not less than "A:Vll." 18. REPORTING DAMAGES If any damage (including death, personal injury or property damage) occurs in connection with the performance of this Agreement, Licensor shall immediately notify the Licensee Risk Manager's office and Licensor shall promptly submit to the Licensee's Risk Manager and the Licensee's Authorized Representative, a written report (in a form acceptable to the Licensee) with the following information; (a) name and address of the injured or deceased person(s), (b) name and address of witnesses, (c) name and address of Licensor's insurance company, and (d) a detailed description of the damage and whether any I.,icensee property was involved. 19. GENERAL PROVISIONS (a) Complete Agreement. This Agreement together with Exhibit "A" and "B", which are incorporated herein by reference, is the sole and entire Agreement between the parties. This Agreement supersedes all prior understandings, agreements and documentation relating to such subject matter, except for the concurrently executed Exhibit B: Software Support and Maintenance Agreement. (b) Modifications to License. Modifications and amendments to this Agreement, including any exhibit or appendix hereto, shall be enforceable only if they are in writing and are signed by authorized representatives of both parties. (c) Applicable Law, This Agreement will be governed by the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Contra Costa. (d) Notices. All notices and other communications given in connection with this Agreement shall be in writing and shall be deemed given as follows: • When delivered personally to the recipient's address as appearing in the introductory paragraph to this Agreement; • 'Three (3) days after being deposited in the United States mails, postage prepaid to the recipient's address as appearing in the introductory paragraph to this License; or • When sent by fax or telex to the last fax, telex number or E -Mail address of the recipient known to the party giving notice. Notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first-class or certified mail or the recipient delivers a written confirmation of receipt. Any party may change its address appearing in the introductory paragraph to this Agreement by giving notice of the change in accordance with this paragraph. (e) No Agency. Nothing contained herein will be construed as creating any agency, partnership, joint venture or other form of joint enterprise between the parties. (f) Assignment. A party may not assign its rights or obligations under this Agreement without the Coplogic— DORS Setup and Subscription License Agreement (AST l 1.20.15) 25E-8 prior written consent of the other party, which consent will not be unreasonably withheld. Notwithstanding the foregoing, Licensor may assign its rights and obligations hereunder to a subsidiaty, affiliate of Licensor, or to a successor who acquires the business and assets of Licensor. (g) Modifications. This Agreement may not be modified orally or in any mariner other than by an agreement in writing signed by both parties. (h) Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. (i) Headings. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement. {j) Severability. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties' intent under this Agreement. 20. SIGNATURES The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Licensor and the Licensee. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. This Agreement may be executed in separate counterparts, each of which so executed and delivered shall constitute an original, but all such counterparts shall together constitute one and the same instrument. Any such counterpart may comprise one or more duplicates or duplicate signature pages, any of which may be executed by less than all of the parties provided that each party executes at least one such duplicate or duplicate signature page. The parties stipulate that a photocopy of an executed original will be admissible in evidence for all purposes in any proceeding as between the parties IN WITNESS WHEREOF, the Licensee and Licensor do hereby agree to the full performance of the terms set forth herein. Coplogic, Inc. (LICENSOR) (Signature) (Typed or Printed Name and Title) (Date) d'YROVED AS TO FORM r Laura A. Rossini senior Assistant City Attorney City of Santa Ana, a Municipal Corporation (LICENSEE) (Signature) David Cavazos, City Manager _ (Typed or Printed Name and Title) ('Date) Coplogic - DORS Setup and Subscription License Agreement (AST 11.20.15) 25E-9 Exhibit A: Scone of Services DORS Licensor has designed and built an Online Reporting System for Police Departments that provides data to a specified database structure. The Online Reporting System uses the .i2E1 standard. The system is designed to gather information on crimes from a tncmber of the general public (user) via an SSL. connection. The application will issue a temporary report number to the user and place the temporary report into an administrative holding area for review and modification by appropriate administrator. An email is generated to the user that the report has been submitted. The administrator logs in via an SSL connection and approves, rejects, edits or prints reports as appropriate. Rejecting a report deletes it from the system and sends an appropriate email to the user. Approving the report issues a number, places it in a queue to be exported, and sends an appropriate email to the user. The administrator can download the approved report or print the report out. A. SETUP AND CUSTOMIZATION Licensee Responsibilities: i. Coordinate with Licensor to establish schedule for deployment. 2. Provide website header image and one small image for temporary citizen report and one small image for Final printed PDF report, which is automatically emailed to citizen after report approval. 3. Load provided HTML pages onto City server which links to Licensor's servers for the application. 4. Provide Licensor with the schema for the desired Fite format and/or Database schema and account with react /write access and test environment with current configuration. 5. Provide Licensor with VPN access to the exporter and RMS application(s). 6. Provide timely responses to Licensor's questions, which may arise during the setup and customization process. Licensor's Responsibilities: I . Coordinate with Licensee to establish schedule for deployment. 2. Load provided images onto the Licensor's secure, redundant network and register Licensee within the network. 3. Provide Licensee with Administrator password and credentials for the program. 4. Provide sample operational directives, deployment strategies and sample press release. a. Licensor will provide contact personnel at other cities currently using the system as well as provide suggestions for the deployment of the system. b. Licensor will provide instructions on the easy setup of kiosk for City Police Department Headquarters lobby, etc. Completion Criteria: This task is considered complete alter Licensor has delivered listed materials and the software is active and accessible on the Licensee's website. Coplogic— DORS Setup and Subscription License Agreement (AST 11.20.19) 25E-10 B. SOFTWARE CONFIGURATION Licensee's Responsibilities: 1. Coordinate with Licensor for web training session on administering the program, using the dynamic creation tools, "'Triple Lock" login features, user account including deploying the "Secure side filing feature". 2. Using the administrator account, login in and configure the code tables, crime types, user account, and dynamic content for Licensee. 3. Test the optional interface with the RMS application. d. Review resulting tiles with Licensor, document any problems, and collaborate with Licensor on a plan for corrective action(s). Licensoe's Responsibilities: I. Coordinate with Licensee for web training session on administering the program, using the dynamic creation tools, "Triple Lock' login features, user account including deploying the "Secure side filing feature". 2. Configure export routine for the optional RMS Interface, 3. Review resulting files with Licensee, document any problems, and collaborate with Licensee on a plan for corrective action(s). Completion Criteria: This task is considered complete when the DeskOfficer Online Reporting System is accessible on the web server, reports can be filed and interfaced into the RMS. C. CONTINUING MAINTENANCE. Licensee's Responsibilities: During the term of this Agreement and subject to approval by Licensee, Licensee agrees to serve as a reference for the Software. Such references may include activities such as (i) reference calls with mutually acceptable prospects; (ii) a published "success story" describing the partnership with Licensor; (iii) the use of Licensee's name in Licensor marketing activities; or (iv) a favorable reference of Licensor to an industry analyst or at an industry conference. (Should Licensee Elect to Self -Host Software) Provide Licensor with VPN access or a comparable remote access method (eg. LogMcln, Teamviewer) to upgrade the Software. Licensor's Responsibilities: Licensor will provide remote application support and updates in accordance with the Support and Maintenance Agreement. Coplogie — DORS Setup and Subscription License Agreement (AST 11.20.15) 25E-11 Exhibit B; Support and Maintenance Agreement DESK OFFICER REPORTING SYSTEM SUPPORT AND MAINTENANCE AGREEMENT THIS SUPPORT AND MAINTENANCE AGREEMENT ("Support and Maintenance Agreement") is made on this 1 day of December, 2015, by and between the City of Santa Ana, a charter city and municipal corporation under the laws of the state of California ("Licensee") and Coplogic, Inc. on behalf of itself and its affiliates, a California corporation, with an office at 1000 Alderman Drive, Alpharetta, Georgia, 30005 ("Licensor"), RECITALS Licensee has obtained a subscription license to use the Desk Officer Repotting System ("Software") for the term of that agreement, more particularly described in the Setup and Subscription License Agreement of the same date. As a part of this Support and Maintenance Agreement, Licensor shall provide support and maintenance services for the Software. SUPPORT AND MAINTENANCE SERVICES Generally. During the duration of this Support and Maintenance Agreement, Licensor shall provide to the Licensee a subscription license, as well as support and maintenance for the Software purchased in accordance with the terms of this Support and Maintenance Agreement and the response time described in Schedule A, attached hereto. Support includes an annual review of current outstanding questions and usage issues at Licensee request; the provision of new and upcoming releases of updates; and enhancements made to the Software that the Licensee is licensed to use that are generally made available without additional charge to other Lasers of the Software with similar support and maintenance contracts. The parties shall amend Schedule B from time -to -time in the event that the Licensee requests customizations to the Software. 2. Hours of Support. Licensor will provide the support services during the hours as described in Schedule A attached hereto. 3. New Releases. Licensor will, from time -to -time issue new releases of the software (Schedule B), acrd when it does, it will provide a copy of the release documentation, and/or updated user or system documentation. If any part of the Licensee's custom code is not part of the general release delivered by Licensor, then Licensor will assist and provide guidance for integrating the custom code into the new release. Any time taken to modify or repair unauthorized changes that may require Licensor assistance to modify may be billed at Licensor's then current pricing schedule. 4. Exceptions. Corrections for difficulties or defects traceable to the Licensee's errors or unauthorized changes, Licensee's hardware, or conflicts with other software not identified by Licensor as compatible or part of the recommended operating environment may be subject to billing at Licensor's current standard time and material charges. Coplogic— DORS Setup and Subscription License Agreement (AST 11.20.15) 10 25E-12 5. Exceptions (Should Licensee Elect to Self -Host Software). Licensor is not responsible for maintaining unauthorized Licensee modified portions of the Software, Licensee data files or for maintaining portions of the Software affected by unauthorized Licensee modified portions of the Software. The Licensee agrees that the equipment on which the Software operates will be operating properly at all times and must have been and continue to be properly maintained by the manufacturer of the equipment or a properly qualified service organization. The licensee will be responsible for properly testing and applying routine virus updates and security patches without the need for additional Licensor's notification. Licensor will be responsible for testing Licensor's software updates prior to making them available to the Licensee. The Licensee acknowledges responsibility for testing Licensor's software updates before applying them to the Licensee's production systems. For servers running Licensor's software, the Licensee acknowledges responsibility for communicating with Licensor prior to installation of non- Licensor's software service packs, implementation of new releases or versions of non- Licensor's software, or installation of new non- Licensor's software products. Except for emergency replacement of a failing server, the Licensee acknowledges responsibility for communicating with Licensor prior to replacing a server on which Licensor's software is being used. Licensor is not responsible for changes if related to or caused by software not provided by Licensor. For workstations running Licensor's software, the Licensee acknowledges responsibility to test new workstation configurations, software service packs, new releases or versions of software, and new software products prior to implementation. The Licensee must upgrade the Software in its entirety to the most recent version within seven business days of the release of any updates or modifications of the Software unless otherwise mutually agreed. Licensee must provide Licensor with VPN access or a comparable remote access method (eg. LogMeln, TeamViewer) to upgrade the Software. Licensor will not be obligated to provide support for release versions that are more than two release versions older than the current version unless specified in this Support and Maintenance agreement. The Licensee agrees that, subject to and in accordance with the Licensee's 'internal policies and guidelines, it will upgrade the computer operating software, hardware and underlying database engines of the Software as necessary to meet the changing requirements of the Software as specified by Licensor as part of a current release of the Software, or as the parties mutually agree. The Licensee agrees that, subject to and in accordance with the Licensee's internal policies and guidelines, it will maintain appropriate licenses for the computer operating software and underlying database engines required of the Software as necessary. 6. Limitations. Licensor may, in its sole discretion, limit or suspend Licensee's access to support, pursuant to this Support and Maintenance Agreement, where (1) Licensee is in material default under the terms of this Support and Maintenance Agreement (non-payment is deemed to be a material default), or (2) Licensee fails to provide adequately trained staff to administer the Software. Prior to limiting or suspending support, Licensor will give the Coplogic -- DORS Setup and Subscription License Agreement (AST t 1.20.15) 11 25E-13 Licensee thirty (30) days written notice of its intention to do so and actively participate with the Licensee to remedy any such default or failure. 7. Term. This Support and Maintenance Agreement expires on November 12, 2017. Within thirty (30) days prior to its expiration, Licensor shall send to the Licensee ail invoice for an annual license, support and maintenance fee ("Annual Fee"). The sending of any such invoice will constitute an irrevocable offer to extend this Support and Maintenance Agreement for the period and fees set forth in the invoice, which may be accepted by the Licensee in its sole discretion as hereinafter set forth, Termination of this Support and Maintenance Agreement prior to its expiration shall not result in the refund of partial service fees. The Licensee's payment of an Annual Fee in response to an invoice prior to the expiration date of this Support and Maintenance and Agreement, or within thirty (30) days after the date of Licensor's invoice, whichever is later, will extend the Support and Maintenance Period for the period of one (1) year from its previous expiration date, or for the period set forth in the invoice if different. 8. Adjustments to Terns and Conditions. Licensor may change the Anconal Fee and the terms and conditions of this Support and Maintenance Agreement provided that written notice is given to the Licensee thirty (30) days prior to the expiration of the current term. COST 9. Annual Fee. The Licensee shall pay Licensor an Annual Fee for which the Software license and support is being provided (see Schedule B for base Annual Fee). The Annual Fee for Year One and Year Two is due upon execution of this agreement and will then reoccur on the anniversary date of the execution of this agreement for each year thereafter. All requests by the Licensee for additional features or functionality that fall outside of Licensor's ongoing policy of upgrading the Software will be quoted separately. Late Payments. All invoices will be sent at least thirty (30) days prior to their due date. Payments received forty-five (45) days after their due date will be assessed a 10% late fee. 10. Taxes. In addition to other amounts payable under this Support and Maintenance Agreement, Licensee shall pay any and all federal, state, municipal, or other taxes, duties, fees, or withholding currently or subsequently imposed on Licensee's use of the Software or the payment of the Annual Fee to Licensor, other than taxes assessed against Licensor's net income. Such taxes, duties, fees, withholding, or other charges shall be paid by Licensee or Licensee shall provide the appropriate authority with evidence of exemption from such tax, duty, fee, withholding, or charge. If Licensor is required to pay any such tax, duty, fee, or charge, or to withhold any amount from monies due to Licensor from Licensee pursuant to this Support and Maintenance Agreement, Licensee shall promptly reimburse Licensor any such amounts. 11. On Site Support. The Licensee shall reimburse Licensor at the rate of USD$2,500.00 per day for each Licensor employee or contractor required for any On -Site support incurred at the Licensee's direct written request and authorization. This rats shall be paid for each clay that Licensor personnel are required to be on the Licensee's site. Licensee will not pay for Coptogic — DORS Setup and Subscription License Agreement (AST t 1.20. 15) 12 25E-14 Licensor personnel travel time or travel expenses. In response to written Licensee requests for Licensor to provide on-site routine tion -emergency support, Licensor shall produce a written estimate of the time required to provide the requested support and state any requirements, such as the presence of Licensee staff or other resources or materials. Any On - Site Support provided by Licensor shall only be invoiced by Licensor or paid by Licensee if the problem arose due to something other than a defect in the Software. LICENSEE'S OBLIGATION 12. The Licensee Agrees to: (a) Furnish descriptions of problem(s) in the form reasonably requested by Licensor Support representatives; (b) Assist Licensor's efforts to reproduce the problem(s) in the applicable operating environment, and (c) Make available qualified, trained staff on-site to carry out Licensor's instructions and/or provide remote access to system(s) as requester( by Licensor. 13. The Licensee shall designate a sole Support Contact to provide routine end user support for the Licensee personnel concerning the Product. 14, The Licensee shall take appropriate steps to educate its end users about the need to contact the Support Contact (rather than Licensor directly) when support is needed. The Licensee shall appropriately publicize the name, telephone number, and/or fax number and/or electronic mail address if applicable, of the Support Contact. 15. Access to Data and System. The Licensee agrees to provide Licensor with data dumps, as requested, remote access to the Software system, and with sufficient test time on the Licensee's computer system to duplicate the problem, to certify that the problem is with the Software, and to certify that the problem has been corrected. 16. The Licensee shall install and maintain for the tern of this Support and Maintenance Agreement, a reasonable and satisfactory method of direct remote computer access to the Software. The Licensee shall pay for the installation and maintenance of such access. Licensor shall use this access service in connection with error correction, software updating and user support only, and only upon prior written or email notice to the Licensee, and Licensee's acknowledgment of that notice. 17. Licensor agrees that all release versions will be tested for installation in a computer environment substantially similar to the Licensee's and that all releases will be free of material defects that would affect the orderly continuation of Licensee's use of the Product, 18. The parties agree that Licensor is not obligated to ensure that its new release of the Software is compatible with outdated (exceeding A years from date of initial release) hardware, computer operating software or database engines). Coplogic— DORS Setup and Subscription License Agreement (AST 11.20.15) 13 25E-15 CONI+IDENTIALITY 19, Confidential Information. (a) The tern "Confidential Information" shall mean any and all information, which is disclosed by either party to the other verbally, electronically, visually, or in a written or other tangible form, which either is identified or should be reasonably understood to be confidential or proprietary. Confidential hnformation includes, but is not limited to, trade secrets, computer programs, software, documentation, formulas, data, inventions, techniques, marketing pians, strategies, forecasts, customer lists, employee information, financial information, confidential information concerning Licensor's business, as Licensor has conducted it or as it may conduct itself in the future, confidential information concerning any of Licensor's past, current, or possible future products or manufacturing or operational methods, including information about Licensor's research, development, engineering, purchasing, manufacturing, accounting, marketing, selling or leasing, and any software (including third party software) provided by Licensor. Licensor's Confidential Information shall be treated as strictly confidential by Licensee and shall not be disclosed by Licensee except to those third parties with a need to know and that are operating under a confidentiality agreement with non -disclosure provisions no less restrictive than those set forth herein. This Support and Maintenance Agreement imposes no obligation upon the parties with respect to Confidential Information which either party can establish by legally sufficient evidence: (i) was in the possession of, or was rightfully known by the Licensor without an obligation to maintain its confidentiality prior to receipt from other party; (ii) is or becomes generally known to the public without violation of this Support and Maintenance Agreement; (iii) is obtained by Licensee in good faith from a third party having the right to disclose it without an obligation of confidentiality; (iv) is independently developed by Licensee without the participation of individuals who have had access to the Confidential Information or (v) is required to be disclosed by court order or applicable law, provided that Licensee promptly notifies Licensor in order for the disclosing party to have an opportunity to seek an appropriate protective order. The Licensee shall not obtain, by virtue of this Support and Maintenance Agreement, any rights title or interest in any Confidential Information of the Licensor. Within fourteen (14) days after ternination of this Support and Maintenance Agreement, each party shall certify in writing to Licensor that all copies of Licensor's Confidential Information in any form, including partial copies, have been destroyed or returned to Licensor. (b) Licensor acknowledges that the Licensee is a governmental agency and may be required to disclose certain information under requests made according to provisions of the Public Records Act. Licensee shall give notice to Licensor of any request for the disclosure of any information set apart and marked "confidential," "proprietary" or "trade secret" by Licensor. Licensor shall then have five (5) days from the date it receives such notice to enter into an agreement with Licensee providing for the defense of, and complete indeinnification and reimbursement for all costs (including plaintiff's attorney's fees) incurred by Licensee in any legal action to compel the disclosure of such information under the Public Records Act. Licensor shall have the sole responsibility for the defense of the actual proprietary or trade secret designation of such information, The parties understand and agree that any failure by Licensor to respond to the notice provided by Coplogic - DORS Selup and Subscription License Agreement (AST 11.20.15) 14 25E-16 Licensee and/or to enter into an agreement with Licensee, as set forth above, shall constitute a complete waiver by Licensor of any nondisclosure or confidentiality tights hereunder with respect to such information, and such information shall be disclosed by Licensee pursuant to applicable procedures required by the Public Records Act. (c) Licensee shall protect the deliverables resulting from Services with at least the same degree of care and confidentiality, but not less than a reasonable standard of care, which Licensee utilizes for Licensee's Confidential Information. (d) The terms of this Section shall survive termination of this Support and Maintenance Agreement, Licensor and Licensee acknowledge that any breach of this Section by Licensee will irreparably harm Licensor. Accordingly, in the event of a breach, Licensor is entitled to promptly seek injunctive relief in addition to any other remedies that the disclosing party may have at law or in equity. TERMINATION 20. The Licensee may terminate this Support and Maintenance Agreement at any time and for any reason upon thirty (30) days prior notice to Licensor. In the event of a material default by the Licensee under this Support and Maintenance Agreement, Licensor may terminate this Support and Maintenance Agreement upon thirty (30) days prior notice to Licensee, provided that Licensee has been given thirty (30) days' notice to cure the default. 21. Licensor shall indemnify, hold harmless, and defend, with counsel acceptable to Licensee, the Licensee (including its elected officials, officers, agents and employees) from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses, and including court costs and attorney's fees) resulting or arising from performance, or failure to perform, under this Support and Maintenance Agreement. Should any claim subject to indemnity be made against Licensee, agrees to provide Licensor with prompt written notice of the claim. Licensor will control the defense and settlement of any claim with respect to which it has a duty to indemnify under this Section. The Licensee agrees to cooperate with Licensor and provide reasonable assistance in the defense and settlement of such claim. Licensor is not responsible for any costs incurred or compromise made by the Licensee unless Licensee has given Licensor prior written consent to the cost or compromise. LIMITATION Or LIABILITY 22. In no event shall Licensor be liable for any indirect, special, incidental, or consequential damages in connection with this Support and Maintenance Agreement or the performance or failure to perform under this Agreement, even if advised of the possibility of such damages. To the extent permitted by law, Licensor's total aggregate liability in connection with any cause of action, costs or damages relating to this Support and Maintenance Agreement shall Coplogic — DORS Setup and .Subscription License Agreement (AST 11.20.15) 15 25E-17 not exceed the annual fees received by Licensor from Licensee in the twelve (12) month period preceding the event giving rise to the claim. GENERAL 23. A party may not assign its rights or obligations under this Support and Maintenance Agreement without the prior written consent of the other party, which consent will not be unreasonably withheld. Notwithstanding the foregoing, Licensor may assign its rights and obligations hereunder to a subsidiary, affiliate of Licensor, or to a successor who acquires the business and assets of Licensor. 24. This Support and Maintenance Agreement, together with Schedule A and Schedule B, which are incorporated herein by reference, is the sole and entire Agreement between the parties. This Support and Maintenance Agreement supersedes all prior understandings, agreements and documentation relating to such subject matter, except for the concurrently executed Setup and License Agreement. No modification or amendment of this Support and Maintenance Agreement will be valid or binding unless reduced to writing and duly executed by the party or parties to be bound. 25. Each party shall be excused from delays in perforning or from its failure to perform hereunder to the extent that such delays or failures result from causes beyond the reasonable control of such party; provided that, in order to be excused from delay or failure to perform, such party must act diligently to remedy the cause or effect of such delay or failure to the extent the party is able. In the event of such delays, the timetables shall be extended by as many calendar days as the delay caused by forces outside the reasonable control of the parties. 26. This Support and Maintenance Agreement may be executed in separate counterparts, each of which so executed and delivered shall constitute an original, but all such counterparts shall together constitute one and the same instrument. Any such counterpart may comprise one or more duplicates or duplicate signature pages, any of which may executed by less than all of the parties provided that each party executes at least one such duplicate or duplicate signature page. The parties stipulate that a photocopy of an executed original will be admissible in evidence for all purposes in any proceeding as between the parties. 27. Any provision of this Support and Maintenance Agreement or part thereof found to be illegal or unenforceable shall be deemed severed, and the balance of the Agreement shall remain in full farce and effect. 28. This Support and Maintenance Agreement shall be governed and construed in accordance with the laws of the State of California. Venue of any action brought with regard to this Support and Maintenance Agreement shall be in Contra Costa County, California. The undersigned represent and warrant that they are authorized as representatives of the party on whose behalf they are signing to sign this Support and Maintenance Agreement and to bind their respective party thereto, (Signatures on Following Page) Coplogic - DORS Setup and Subscription License Agreement (AST 1 1.20.15) 16 25E-18 Coplogic, Inc. (LICENSOR) (Signature) (Typed or Printed Name and Title) (Date) City of Santa Ana, a Municipal Corporation (LICENSEE) (Signature) David Cavazos, City Manager (Typed or Printed Name and Title) (Date) (Signatures for DORS Setup and Subscription License Agreement) ,PPROVEDASTO DORM Laura A. Rossini euioi Assistant City Attorney Coplogic — DORS Setup and Subscription License Agreement (AST 11.20.15) 25E-19 17 SCHEDULE A Licensor Hours of Support and Maintenance Service are as follows: Regular Hours of Service (Pacif c Time): 0900 to 1700 hours, Monday to Friday (excluding Holidays observed by the U.S Federal Govt.) F.. -mail received bv: Licensor staff at su »ort ri�cpd�l �c.com After Hours Service (Pacific Time): 1701 to 0859 hours, Monday to Friday Saturdays & Sundays Holidays E-mail received by: Licensor staff at SLQp!!]!.(vco ?lo_l i cor Incident/Request for Service Priority. All support and maintenance incidents/ requests for service will be prioritized on the following basis: Priority Definition A J Work is stopped to the point that critical business activities cannot continue. e.g. Loss of use During Re alar Hours of Service of major features, file system corruption, data loss, security issue, system outage, B Issues or features of the product are preventing normal operations. C Non-critical features, for which a convenient or reasonable work around exists, or a feature which functions unexpectedly. B Slight inconvenience. Response Time, The following table outlines the response times for each priority: Priority Response Time Response Time During Re alar Hours of Service During After Hours of Service _ A� 2 hours 6 hours from time of notifying the vendor contact(s) through voice mail or e-mail B (2) business days of Licensor receipt of Not available verbal, written or electronic notice thereof and to correct the Priority B Issue by the Licensee's reasonably requested date. If the Priority B Issue is not corrected within 2 business days of the original notification Licensor will provide the Licensee with reports of its efforts to correct the Priority B Issue as requested by Licensee. C As time permits basis or inclusion in the next Not available scheduled update to the Licensed Product. Coplogic — DORS Setup and Subscription License Agreement (AS"r 11.20.15) 25E-20 18 Incident/Request for Service Reporting Procedure All problems, queries or requests for assistance must be made to Licensor at s upport@,coplogic. coin, during regular business hours of service. Licensee must be prepared to leave a contact name, phone number, workstations affected, screenshots, a description of the problem/service and the impact. Licensor's resources will work with the Licensee to diagnose the problem. After investigating the issue, Licensor and the Licensee will jointly categorize the problem into: Type of Problem Licensee Server Hardware Problem Ownership Licensee DesktopHardware Problem_ `� Licensee Licensee Network Communication Licensee Isolated Workstation Issue Licensee Licensee Database Performance/storage _ Licensee A lication or software related _ Licensor Licensor will deal with problem/incident according to the priority assigned. In the case that a problem cannot be readily resolved, Licensor will attempt to identify a work around. As soon as Licensor corrects an Issue, Licensor shall notify the Licensee that the Issue has been corrected by sending an electronic mail. Coplogic — DORS Schap and Subscription License Agreement (AST 1 L.20.15) 19 25E-21 SCHEDULE B Coplogic DORS Base Annual Fee: USD$17,063.00 (Year 1 License/Support) (November 13, 2014 to November 12, 2015) USD$17,063.00 (Year 2 License/Support) (November 13, 2015 to November 12, 2016) USD$17,063.00 (Year 3 License/Support)(November 13, 2016 -November 12, 2017) On-site Support: USD$2,500 per clay per Licensor personnel (includes travel time and expenses) Coplogic — DORS Setup and Subscription License Agreement (AST 11:20.15) 20 25E-22 �I REQUEST • • COUNCIL • • CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: AGREEMENT WITH GEOSPATIAL TECHNOLOGIES, INC. TO PROVIDE ANNUAL SOFTWARE MAINTENANCE AND SUPPORT FOR AUTOMATIC VEHICLE LOCATION SYSTEM (ST C PLAN ly�D. 1, 5A) 7 CIT MANA t R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with GeoSpatial Technologies, Inc. for software maintenance and customer support, for the period of December 16, 2015 through December 15, 2016, with two -one year options in an amount not to exceed $20,898 plus a $5,000 contingency for a total amount not to exceed $25,898, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On December 16, 2008, Council approved agreement A-2008-332 with GeoSpatial Technologies, Inc. to utilize their Automatic Vehicle Location (AVL) system and have them provide software maintenance and support. This system enables the Santa Ana Police Department to track its patrol cars and other marked vehicles. This AVL system software is proprietary and owned by GeoSpatial Technologies, Inc. and can only be serviced by this company. The recommended action will allow for continuous service to the Santa Ana Police Department. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #5, (Provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana), Strategy A, (Monitor and report key performance goals such as standards of cover, response time and location of apparatus (e.g. police units, fire trucks, etc.) to ensure agreed upon service levels are met). 25F-1 Agreement with GeoSpatial Technologies, Inc. December 1, 2015 Page 2 FISCAL IMPACT Funds for this agreement are available in Police Department's Information Services contract services account (no. 01114425 62300) for FY 2015-16. b � % CiJItF kL)" arlos Rojas Chief of Police Santa Ana Police Department Exhibit 1: Agreement APPROVED AS TO FUNDS AND ACCOUNT: e Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency,./ 25F-2 SOFTWARE MAINTENANCE: AND SITE LICENSE AGBEEMF:NT THIS AGREEMENT, made and entered into this 16th day of December, 2015 by and between GeoSpatial Technologies, Inc., a California Corporation, (hereinafter "GST"), 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"). RECITAL S A. Tile City desires to retain GST to maintain and license automated vehicle locator ("AVL") tracking software and mobile mapping services. GST represents that it is able and willing to provide these services. B. GST represents that it is the owner of GST automated vehicle locator tracking and mobile mapping software and as such, it is the only company able to maintain the software and provide site licensing for the City's use of the software. C. In undertaking the performance of this Agreement, GST represents that it is knowledgeable in its Field and that any services performed by GST under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the Held. D. City has used AVL tracking and mobile mapping software since approximately 2008 and during that time it has been maintained and licensed by GST. 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 GST shall perform those services as set forth in terms and conditions set forth in the attached Exhibit "A" to this Agreement and incorporated herein by reference. 2. COMPENSATION City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in the quote attached hereto as Exhibit "B" and incorporated herein by reference. The total sum to be expended Linder this Agreement shall not exceed $20,898.00 plus a $5,000 contingency to be used at the City's sole discretion for a total not to exceed amount of $25,898.00. 3. TERM This Agreement shall commence on December 16, 2015 and terminate on December 15, 2016, with two one year options for renewal exercisable by mutual agreement of the parties unless terminated earlier in accordance with Section 12, below. 25F-3 4. INDEPENDENT CONTRACTOR GST 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 GST performs the services which are the subject matter of this Agreement; however, the services to be provided by GST shall be provided in a manner consistent with all applicable standards and regulations governing such services. GST 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, GST shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below; a. Commercial General Liability Insurance. GST 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 DST'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, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additionat insured(s); (b) be primary and not contributory 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, li accordance with the provisions of Section 3700 of the Labor Code, GST, if GST has any employees, is required to be insured against tiability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, GST agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If GST 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. 25F-4 e. The following requirements apply to the insurance to be provided by GST pursuant to this section: (i) GST 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 GST 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 CST's right to be paid for its time and materials expended prior to notification of termination. GST 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 GST agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, GSTs, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the GST or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The GST further agrees to indemnity, 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 frotn this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If GST receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, GS"r 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 GST disclosed in a publicly available source; (c) is in rightful possession of the GST without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the GST without reference to information disclosed by the City. 3 25F-5 8. CONFLICT OF INTEREST CLAUSE, GST 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: And To GST: Chief of Police Santa Ana Police Department 20 Civic Center Plaza (M-96) P.O. Box 1988 Santa Ana, California 92702 Fax 714-245-8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 Mr. Hong Chou GeoSpatial Technologies Inc. 10055 Slater Avenue, Suite 214 Fountain Valley, California 92708 Fax (714) 861-7032 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 asset forth above. If sent by 25F-6 telefaesimile, 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 GST, 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 attactnnents 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 GST. 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 GST 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. IL ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of GST, GST 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 GSTs retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) clays written notice of termination. In such event, GST shall be entitled to receive and the City shall pay GST compensation for all services perforned by GST prior to receipt of such notice of termination, subject to the condition that payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. (DISCRIMINATION GST 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. GST affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. VENUE The 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 CST 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 25F-7 the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. GST shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 15. NIISCELLANEOUS 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 terns of this Agreement, and shall indemnify City firlly, 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 WIII REOF, the parties hereto have exeaxted this Agreement the date and year fust above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL:.: Carlos Rojas Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager GEOSPATIAI, TECHNOLOGIES, INC. Hong Chou President 25F-8 EXIIIBIT A—Terms and Conditions 25F-9 ('GST GeoSpafia/ Technologies, Inc. Software Annual Mahrtenance Agreement GeoSpatial Technologies, Inc. (hereinafter referred to as GST) shall provide maintenance and support services under Anis Software Annual Maintenance Agreement (hereinafter referred to as Agreement) for City of Santa Ana Police Department (hereinafter referred to as Customer) during the period from December 16, 2015 to December 15, 2016, with options to extend for addition 4 years, upon payment of the annual maintenance fee for the products listed in the section of Products Covered. I. PRODUCTSCOVERED GST maintenance and support services are provided only for the software products listed in either Purchase Contract, Purchase Order, GST Quote, or GST Invoice with the entire amount of Software Annual Maintenance Fee paid in Rill on or before the commencement of each 12 -month period. IL MAINTENANCE AND SUPPORT GST shall provide maintenance and support services to the End User. Maintenance and support services shall Include, but not limited to: (a) Telephone and E-mail Support: GST will provide telephone and e-mail assistance, You must provide GST with remote access through the Internet to the computers installed with GST" software. By calling the GST technical support number, you will reach a trained support analyst of whom you may ask questions or seek advice relating to the use of GST software. The analyst will assist you in utilising your GST software, and in identifying and providing a work around, if possible, for any software problems found with GST software. GST support services do not include hardware, network, operating systems, or third party software. Support will be provided weekdays from 9:00 a.m. to 6:00 p.m. Pacific Standard Time, excluding weekends and holidays. (b) Response Times: In the event that the End User experiences a critical system failure, which shall be deemed to have occurred if the system is clown or inoperable, meaning that the End User cannot use the System and/or the System is off-line, for longer than '/z hour, GST shall respond and look into correcting the problem immediately upon receipt of a call for service and following the receipt of notification and relevant documentation of the problem. For all other non-critical failures, GST shall respond and attempt to correct the problem within four (4) hours upon receipt ora call for service and following the receipt of notification and relevant documentation of the problem. If problems cannot be resolved within four (4) hoes, the problem will be automatically escalated to Application Technical Lead or the VP of Product Management for resolution. After consultation between the VP of Product Management and support staff, GST will provide a plan of action for resolution to the End Us or. (c) Bug -fixes and Upgrades: GST will provide bug -fixes and upgrades to the GST software when they are available at no additional charge during the term of the maintenance program. 25F-10 (d) Corrective Maintenance: GST will provide corrections to the supported software using Internet connections, provided you have a high-speed Internet connection on your system allowing GST remote access, during standard support hours. (e) GST Training: The End User under software annual maintenance program receives 50% discounts for all training programs held at GST's facility. (t) Software Customimtiout and Enhancement: The Enc] User under the software annual maintenance program receives a 20% discount for any software customization services. End User requested enhancements or modifications of GST software are not included in the support plan price. GST agrees to review requests from the End User and to provide a quote for the requested enhancement based on time and cost anticipated. (g) Excluded Service: The maintenance and support described herein does not include the correction of software failures due to causes beyond the control of OST and occurring without the fault or negligence of GST such as, but not limited to acts of God, catastrophe, fault, or negligence of the End User, operator error, manipulation of die object or source code (unless approved by GST in writing prior to such manipulation), improper use or misuse of the system or any part thereof. Any such excluded service, whether on-site or off-site, will be provided at the request of the End User at GST per call rates and terms then in effect. (h) Support of Old Software: Users are required to install all updated software and any burg fixes in a timely manner, including operating system software. If you fail to keep your system current, GST may no longer support your system. GST will support old releases of a product for two years after new releases become available. For subsequent years after new releases 'becomes available, if requested by End User, GST may continue to support such old releases for an annual increase in support fee of 40%. (i) Lapsed Support: If the End User intends to renew maintenance after the previous maintenance program has expired for over two (2) months, a supplemental fee of 50% of the annual maintenance shall be due GST for the first year of maintenance following your need for maintenance again, in addition to the maintenance fee already due herein. (k) Ou-site support: On-site support is not covered by the standard software maintenance support. Per End User's request, GST will provide on-site support if GST determines that such support is required to resolve the reported problem. In this case, GSI' will dispatch one or more members of its support staff to your site who will attempt to recreate and resolve the problem(s) reported. During this time it is expected that members of your staff wilt be available to answer questions and provide information regarding your system, if required. On-site support will be charged at GST tomer call rates and terms then in effect, plus travel and per diem for GST staff sent on-site. 111. SYSTEM MODIFICATION (a) GST -generated modifications: Chun ges or replacemento f the computer equipment, operating system and its related software, or other third party software may require GST software support and/or 25F-11 ('GST software modification to allow GST products to work with the new equipment, operating sysl'em, and/or third party software. These support and/or modification services will be provided by GST at the End User's request at out, then quoted prices. (b) End User -generated modifications: GST will not be responsible for any damage to your GST software or data caused by upgrades to the operating system or replacement of hardware without GST's prior written concurrence that said upgrade would function properly. Services required as a result of modifications to DST's systems made by the End User are not considered normal maintenance and are not provided cis part of GST's Software MaintenancePram. (c) External System Modifications: fn the event any external system is modified beyond that anticipated by the terms of the underlying End User License Agreement, the End User shall notify GST of such changes immediately upon receipt of notification from the respective entity/entities and request that GST prepare a proposal to include a time and cost estimate, for the world to be performed which constitutes a change from the originally agreed upon configuration and work description as presented in the underlying End User License Agreement. GST shall, within thirty (30) days after receiving said notice, furnish a written proposal to the End User provided die required modifications are commercially, technically and practically 'feasible. Upon receipt of GST's proposal, the End User shall determine whether it desires the work to be performed, and if so shall issue a Notice to Proceed within ten (10) days, at which time GST will perform the necessary modifications for the additional mutually agreed upon compensation. IV. END USER RESPONSIBILITIES (a) Software Problems and Reporting: The End User agrees to limit use of GST maintenance service to occasions when GST system software fails to operate in accordance with the product specifications as defined in the original purchase contract. To facilitate the problem solving process, dne End User agrees to assist GST in their efforts to duplicate the software problem by providing a written problem report. Additionally, GST may ask That you furnish a listing of software problems rather than calling on each individual item over a short period of time so that our support team can better assist you. (b) Payn2ent: The End User is responsible for ensuring that all amounts payable under the software annual maintenance program are received by GST on or before the commencement of the maintenance program. The End User's failure to remit payment to GST for such maintenance services provided or to be provided shall entitle GST to deny further maintenance services to the End User. (c) Updates: The End User and all users of GST software are responsible for installing all updates to software, hardware, and fixes in a timely manner, Failure to keep your system updated can, at DST's sole discretion, result in the immediate discontinuation of maintenance support. (d) System Administration: The End User is responsible for identifying a System Administrator, as well as a back-up System Administrator, who will function as GST's primary and secondary contact for any maintenance services to be provided under the software maintenance program. Such System Administrator, or, in the absence of the Systems Administrator, the back up, shall be GST's sole contact for technical assistance. The System Administrator and backup System Administrator must 25F-12 GST be trained in the administration of computer hardware, operating system, networking, and database. GST support staff will assist you in identifying system problems as a function of maintenance support. However, if a problem is identified as a system administration responsibility, further assistance from GST support staff is billed at our then current hourly rates and terms. V. WARRANTIES (a) Limited Warranty for Services Any services being provided to the End User in accordance with the software maintenance program are offered on a best-efforts basis only, GST may not be ruble to resolve every service request made. Although GST will attempt to provide some guidance and direction, GST is not responsible for resolving issues related to networks, operating systems, back- end databases or hardware, It is the End User's responsibility to keep adequate data backups. GST will not be responsible' for any lost data. ALI, OTHER WARRANTIES EXPRESS, IMPLIED OR S'T'ATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXCLUDED, VI. LIMITATION OF LIABILITY The End User's sole and exclusive remedies for any damage or loss in any way connected with any software or services furnished by GST, after acceptance of the GST software system, whether by GST's breach of warranty, negligence, or any other breach of any other duty, shall be, at GST option, replacement of the software or re -performance of service or return or credit of an appropriate portion of any payments made, or to be made, to CYST with respect to such software or services. Under no circumstances shall GST" be liable to you or any other person for any special, incidental, indirect or consequential damages of any character, including, without limitation, damages for loss of good will, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if GST has been advised of the possibility of such potential loss or damage. VILCHOICE OF LAW Interpretation of this Agreement shall be governed by the laws of the State of California, VIII. STATUTE OF LIMITATIONS No action or claim relating to or arising out of the software annual maintenance program may be instituted more than one (l) year after the event giving rise to such action or claim. 25F-13 EXHIBIT B -Quote 25F-14 ('GST GeoS)o<iti<il `FecPrttologies, 111(. Quote for Santa Ana Police Deoartment 10055 Slater Ave., Suite 214 Fountain Valley, CA 92708 Phone: (714) 861.7033 Fax: (714) 861.7032 11/4/2015 GST Public Safety System GST Part Number f Descr p on QTY Unit Price Amount AMP covering 1211612015 -1211512 016 Original Agreement A-2008.332 dated 1 211 612 0 0 8 Service SV-SW-AMF Software Annual Maintenance Fee for City of Santa Ana Poilce Department on the following Software Licenses 1 $ 20,898.00 $ 20,898.00 1. GST Tracker Server AVL Software License 2, GST Viewer AVL Software Site License 3. GST Ma or MDC AVL Software Site License 4. GST btairOp Bride AVL Software License 5. GST Wireless host Server AVL Software License (up to 200 vehicles Annual Maintenance Fee Total $ 20,898.00 Grand Total (AMP and ServIGo) $ 20,898.00 Notes: 1 AMF paid client is entitled to technical support through email and telephone (M -F, 9:OOAM-6:OOPM, PST), bug fixes and free software upgrades through the year, and discounts for GSTs training programs and customization, 2 Price stated above Is good for ninety (90) days from the date of this quotation. 3 Payment Terms: AMP payment Is due prior to the commencement date of each 12 -month period. 25F-15 25F-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY (STRATEGIC PLAN NO. 5, 4) r O RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Charitable Ventures of Orange County for a one-time donation amount of $1,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015-042 establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non-profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non-profit organizations. Councilmember Roman Reyna recommends to appropriate $1,000 to Charitable Ventures of Orange County to support the Artesia Pilar Neighborhood Association's annual Christmas Posada event to be held on Saturday, December 19, 2015, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 25G-1 Donation Agreement with December 1, 2015 Page 2 FISCAL IMPACT Charitable Ventures of Orange County Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015-16 General Non -Departmental account (01105015-62300). The $1,000 will be spent from Councilmember Roman Reyna's appropriated amount for FY 2015-2016. APPROVED AS TO FUNDS AND ACCOUNTS: �-1--- Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25G-2 er's Office — M-31 �, City of Santa Ana CityMa2 Civic Center Plaza Donation Request P.O. Boz 1988 Santa Ana, CA 92702 �`�--•°•- (714) 6475200 Contact Information Name: Ruby Woo Title: (President Chair ddress: [2234 North Pacific Ave. city, state, zip: Santa Ana, CA 92706 Phone: 714-835-8925 [Email �wooruby@yahoo corn (Fax: Oricianization Name: (Charitable Ventures of Or Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as Select One: ❑ ❑ defined under Section 501(c)(3) of the Internal Revenue Code? I ✓ Yes No If No, you will only qualify for a credit for City -related costs for your request (/.e. permit fees,! — If Yes, staff time, rental rates for facilities or equipment,etc.). Costs for City services vary and if 120_8756660 approved, credit may or may not cover full cost of requested City services. (Tax ID #: ,Donation Request City Services Credit 1 000 Date Needed: 12/1/2015 Mayor/Councilmember: Reyna Amount � Requested � Direct Payment Amount [$ $ Event Date: (Event Time 10:00 AM to 5:00 PM Requested: ('12/19/2015 (Event vocation: I EI Salvador Park & Recreation Center 1825 W Civic Center Dr; Santa Ana, California (Address, City, State Zip 92703 CI be 1goI 11Plural. PII No IBmounted M 111an 1. he I did,IC IChristmas Pas a do Event Atli the help oftM1 City of5 a stoAna andI coal raddedgefor I am, me families and the (gin M1 dfor thpost 22y Th chip of tit f g 1h th tytogether t b t p hlshedding Ighl G night to strengthen thecommands and work Description of towards building spend vibrant healthy neighborhood. The event lebretes family. health educaron and oomnunty pride, The Poison isa repression through the nelghborhoctl that oncommgge the redtlanla m promote safe streets and community unity, It lead by neighborhood residents and children. At the event, the Association will encourage resident to get Inv elvetl In Event/Purpose: activities at the center and participate in said clean up, restoring the much an civic Center Drive, suggesting community gardens. and cleaning up the neighborhood. The celebration mcuaea oa 5 neighborhood core values: Promoting peace, embracing families, building healthy communities, encouraging educational success and instilling community pride. Community Benefit: IThe community benefit is to neighborhood identify I promote and community pride. I Applicant Signature: / I �✓ 60ilz i(es Woo (Date: 110/27/2016 form viav Mall: ity Manager's Office—M-31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 .� Donation Requestfl: — DR -- IT,,, MEaCing Da@E: — —��--- �iie<onui ll nu �I/TellaPod GPVs 1401AnCll Eligibility Met: I YES / NOApproved Amount: City Manager Signature: I- Date: Revised 8/25/2015 25G-4 CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on DECEMBER 1, 2015 by and between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES OF ORANGE COUNTY, a California 501(c)3 NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in PROMOTING NEIGHBORHOOD IDENTITY AND COMMUNITY PRIDE ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER ROMAN REYNA, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE PEACE, EMBRACE FAMILIES, BUILD HEALTHY COMMUNITIES, ENCOURAGE EDUCATIONAL SUCCESS, AND INSTILL COMMUNITY PRIDE. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with ONE THOUSAND DOLLARS ($1,000) for an event to be held on Saturday, December 19, 2015, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the fiords, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the fiords for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Tenn: Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect unless and until terminated by the City. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. EXHIBIT 2 25G-5 CITY or SANTA ANA DO1NATION AGREEMENT Page 2 of 5 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the fiends will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/retease protections. This right shalt be on-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on fonns, in amounts and with provisions acceptable to City. 3.4 No Oversight It by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the EXHIBIT 2 25G-6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of S individuals who have signed this Agreement have the Legal power, right and authority to make this Agreement bind each respective Party. EXHIBI`p 2 25G-7 CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 5 UTY OF SANTA ANA City Manager Attest: By: Signature Name Title Approved cis to Form: By: 4 U7: City Attorney EXHIBIT 2 25G-8 CITY OF SANTA ANA DONATION AGREEMENT Page 5 of 5 CHARITABLE VENTURES OF GRANGE COUNTY a 501(c)3 NON-PROFIT ORGANIZATION By: Signature Name Title EXHIBIT 2 25G-9 25G-10 • w � CITY COUNCIL MEETING GATE: DECEMBER 1, 2015 TITLE: AGREEMENT FOR SPECIAL LEGAL COUNSEL SERVICES WITH JONES & MAYER (STRATEGIC PLAN NO. 7,313) CITY MANAG ,. CLERK OF COUNCIL USE ONLY: APPROVED 0 As Recommended 0 As Amended © Ordinance on 15' Reading Ordinance on 2n" Reading ❑ implementing Resolution El Set Public Hearing For CONTINUE© TO Idl1144l[Ilt1ANA Authorize the City Manager and the Clerk of the Council to execute a three-year agreement, expiring December 1, 2013, with Jones & Mayer, a professional law corporation subject to non - substantive changes approved by the City Manager and City Attorney, for legal services at the specified rates, subject to non -substantive changes approved by the City Manager and City Attorney. The law firm of Jones & Mayer shall provide special legal counsel services to the City to act as conflict counsel on tort defense cases when needed, The law firm shall provide service at a rate of $225 per hour for attorneys and $125 per hour for paralegals. Conflict counsel is utilized in matters where an employee and the City cannot be represented by the same attorney due to a conflict of interest, STRATEGICF'LAN ALIGNMENT Approval of this item supports the City's effort to meet Goal # 7 - Team Santa Ana, Objective 3(Improve communication between all levels of the organization), Strategy B (Promote fairness and trust to ensure organizational behavior is consistent with City values), 917M. 1111HAM.16i Fund Account G (account0800 iY funds for z Agreements assigneduntil matters are a specialcounsel. 25H-1 RFCA for Legal Services Agreements December 1, 2015 Page 2 Funds expended under these Agreements are monitored by the City Attorney's Office, the Finance Department, and Risk Management through the review of invoices and setting the reserves associated with each matter. Sonia R. Carvalho City Attorney E aya Executive Director of Personnel Services I ° a Francisco Gutierrez Executive Director Finance & Management Services Agency , J EXHIBITS: 1. Agreement with Jones & Mayer 25H-2 SPECIAL LEGAL COUNSEL SERVICES AGREEMENT This AGREEMENT, made and entered into this 1st day of December, 2015, by and between Jones & Mayer, a professional law corporation ("Attorneys"), 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. City desires to employ Attorneys to assist the in-house attorneys for the City ("City Attorney") in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of municipal litigation, specifically, defending Cities and its employees in tort cases, and desire to undertake said services. 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. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney, as needed, with the defense of the City and its employees in toil matters, including but not limited to acting as conflict counsel and general tort defense. Attorneys accept said retention and agree to perform, in a timely and efficient manner; all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter. 2. PAYMENT FOR SERVICES RENDERED a. FEES City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing Action, compensation at the rate of $225 an hour for all attorneys and $125 an hour for paralegal work. Time will be billed in 1/10th of an hour increments. b. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out-of- pocket ut-ofpocket expenses, including but not limited to, mileage, expert witness fees, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. Copying charges will be reimbursed at the rate of 10 cents per page. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc). Invoices should be sent to: Senior Assistant City Attorney, Laura A. Rossini, City of Santa Ana, City Attorney's Office, 20 Civic Center Plaza, M29, Post Office Box 1988, Santa Ana, CA 92702. 25H-3 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. REPORTING REQUIREMENTS a. Attorneys agree to keep the City Attorney, Director of Personnel, and any other person(s) designated by the City Attorney, informed of significant events in the Actions, including but not limited to trial date, filing of motions for summary judgment, heating date for motion for summary judgment, settlement conference date, and mediation date. Attorneys also 'agree to provide the following reports: (1) 45 day initial evaluation of case and budget; and (2) Pre-trial report 90 days before trial. b. In cases where Attorneys are acting as conflict counsel, the City Attorney and Attorneys will outline reporting parameters in writing at the time the case is assigned. 6. TERM The term of this Agreement shall commence on the date first written above and terminate in three (3) years on December 1, 2018, unless terminated earlier pursuant to Section 13 below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 8. INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse 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 affect Attorneys' right to be paid for its time and materials expended prior to notification of termination. 9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement. 25H-4 10. CONFIDENTIALITY If Attorneys receive from the City information, which due to the nature of such infonnation is reasonably understood to be confidential and/or proprietary, Attorneys agree that it shall not use or disclose such information except in the perfonnance of this Agreement, and further agree 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 Attorneys, disclosed in a publicly available source•, (c) is in rightfid possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. It. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services speeifled under this Agreement. 12. 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 Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6956 Courtesy Copy: 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 Attorneys: James R. Touchstone, Esq. JONES & MAYER, A.P.L.C. 3777 North Harbor Boulevard Fullerton, California 92835 Facsimile: (714) 446-1448 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given 25H-5 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terrns 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 Attorneys. The parties agree that any terns 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 Attorneys or 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 parties, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys 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 Attorneys retained by City. 15. TERMINATION This Agreement maybe terminated by City at anytime. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate hilly in the substitution of the new counsel as counsel of record in in the Actions. 16. DISCRIMINATION Attorneys 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. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 4 25H-6 17. 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, 18. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 19. COUNTERPARTS. SIGNATURES This Agreement maybe executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALI-IO City Attorney By: . Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager JONES & MAYER, A.P.L.C. By: _ (Name) Partner Tax ID No. 25H-7 25H-8 CITY COUNCIL MEETING DATE: TITLE; CONDITIONAL USE PERMIT NO. 2016-21 TO ALLOW A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR DOLLAR GENERAL STORE LOCATED AT 1445 SOUTH MAIN STREET - STEVE RAWLINGS, APPLICANT (STRAY LAN N0. 3, 2) CITY MANAGER CLERK OF COUNCIL USE ONLY: R37: Conditional Use Permit No. 2015-21 December 1, 2015 Page 2 FISCAL. IMPACT There Is no fiscal impact associated with this action, Z1 assan Haghai, AI P . Executive Director Planning & Building Agency VC:rb WReporla\GUP15=21 Dollar General Type 21 ABC, cc, Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST Q O s. � ! a NOVEMBER 9, 2015 TITLE: PUBLIC BEARING — FILED BY STEVE RAWLINGS FOR CONDITIONAL USE PERMIT NO, 2015-21 TO ALLOW A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR DOLLAR GENERAL STORE LOCATED AT 1445 SOUTH MAIN STREET (STRATEGIC PLAN NO. 3,2) Prepared by VernCarvajal APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Nearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO _. ecu e Director Acting Pl nig Manager__—..._.-- RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2015-21. 2. Authorize the Planning Division to prepare a Letter of Public Convenience and Necessity due to the crime rate in the area. Reguest of Applicant Steve Rawlings, representing Dollar General Store, is requesting approval of a conditional use permit for a Type 21 Alcoholic Beverage Control (ABC) license to allow the off -premise sale of beer, wine and distilled spirits at an existing Dollar General Store located at 1445 South Main Street. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description Dollar General is currently located on a 1.6 acre, irregular shaped parcel of land located on the northeast corner of Main Street and Edinger Avenue. The building is 20,704 square feet in size and is located on an integrated development site that shares parking and access with an adjacent 11,700 square foot multi -tenant building that is south of the Dollar General building. A total of 105 parking spaces are provided for the site. The General Plan land use designation for this site is General Commercial (GC), and is located within the General Commercial (C-2) zoning district. Surrounding land uses include commercial uses to the north, south and west, and residential uses to the east (Exhibits 1, 2, and 3). EXHIBIT A 31A-3 Conditional Use Permit No. 2015-21 November 9, 2015 Page 2 Prosect Descrintion Dollar General is requesting approval of a Type 21 ABC license to allow the off -premise sale of beer, wine and distilled spirits within the retail establishment. No changes are proposed to be made to the building or site as part of this application. The facility currently operates from 7:00 a.m. to 11:00 p.m., seven days a week, with the hours of operation to remain as is. Storage and display areas for alcohol will be centralized to be located within an alcohol aisle of the store. The overall storage area for the alcoholic beverages will consist of approximately 100 square feet, which is approximately one-half of a percent (0.5) of the gross floor area of the building (Exhibits 4 and 5). Project Background Dollar General is a retail operator based in Tennessee that has been in operation for over 75 years. Dollar General has more than 12,000 stores in 43 states and is the largest small -box discount retailer by sales. In 2014, Dollar General rehabilitated and occupied a former drug store building that has been vacant since 2007. The operator made several improvements to the site to bring the site closer into compliance with the provisions of the Zoning Code, including the repaving and restriping of the parking lot, the installation of new landscaping, and the removal of illegal signage. Dollar General is now proposing the ancillary sale of alcoholic beverages within the store in order to provide an added convenience to its customers and a one-stop shopping experience. Erosect Analvsjs Conditional use permit requests are governed by Section 41-638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. Dollar General is requesting a conditional use permit for a Type 21 Alcoholic Beverage Control (ABC) license. Staff is supportive of the applicants request for the Type 21 ABC license for the following reasons. First, pursuant to SAMC Section 41-196(c)(d), the subject site is exempt from overconcentration and separation requirements for off -sale establishments as the subject building exceeds 10,000 square feet in size. Second, the site will be in compliance with all standards of SAMC Section 41-196(g), which govern the off -premise sale of alcoholic beverages (Exhibit 6). Staff is confident that these 26 operational standards will mitigate potential impacts on the adjacent uses, ensure the use does not become an attractive nuisance and will not negatively affect the surrounding community. 31A-4 Conditional Use Permit No. 2015-21 November 9, 2015 Page 3 Third, the proposed Type 21 ABC license will provide an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in conjunction with groceries and other general merchandise found in the store. Dollar General can better serve the community by providing an added convenience and a one-stop shopping experience. Fourth, Dollar General is an established grocery chain with a series of policies and procedures, including an employee training program focused on security and alcohol responsibility, which will ensure that the sale of alcoholic beverages are handled in a responsible manner. Fifth, the ABC license will allow Dollar General to remain competitive with similar uses in the area which offer beer, wine and distilled spirits sales as part of their retail operations. Finally, the proposed ABC license will be consistent with several goals and policies of the General Plan, including Goals 2 and 5 of the Land Use Element, which encourage land uses that enhance the City's economic and fiscal viability, that mitigate any potential impacts, and are compatible with and supporting of surrounding land uses. Dollar General is currently located in a commercial area and on a commercial corridor, with its operations and proposed ABC license compatible with the surrounding commercial businesses. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For off -sale licenses the Police Department analyzes the crime rate in the area by matching the location of the business' census tract to the corresponding Police Grid, The City of Santa Ana is broken up into 102 police reporting grids. The Police Department generates an annual report of Citywide Incident Rankings which ranks these reporting grids based on police activity. Those grids in the top 20 percent of activity are considered high crime and are further scrutinized for issues of over concentration. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. Dollar General is located in Reporting District No. 157. According to Citywide Crime Stats for 2014, the grid ranks 17t" out of 102 police reporting grids, which places it in the 16t� percentile for high crime with 572 reported incidents and within the highest 20 percent for crime. The Citywide average for incidents is 376. Within the last 365 days, there were 52 reported incidents at this location, with 15 actual crime reports generated. That averages out to one reported Incident per week and on actual report every four weeks. Although located in an area that is higher than average for crime, the Police Department contends that the operational standards applicable to the off -sale ABC license will mitigate any potential negative impacts to the surrounding community. However, due to the crime rate in the area, a Letter of Public Convenience and Necessity will be required for the project. 31A-5 Conditional Use Permit No. 2015-21 November 9, 2015 Page 4 The Police Department also reviews the number of ABC licenses within the census tract which the site is located for potential overconcentration issues. A review of local census tracts has determined that Dollar General is located in Census Tract 746.02. The ABC Department has determined that 11 on -sale licenses and five off -sale licenses are permitted within this census tract to service the local community. Currently, there are only three on -sale licenses and three off -sale licenses active in the census tract, which means the census tract is not over concentrated with ABC licenses. Public Notification The project site is located within the Madison Park Neighborhood Association and adjacent to the Memorial Park and Wilshire Square Associations. Staff contacted the presidents of the Neighborhood Associations, who identified no concerns with the project. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of printing of this report, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class '1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of distilled spirits within an existing structure that is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2015-94 will be filed for this project. Strategic Pian All nr� ment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2015-21. Verny Carvajal Principal Planner VFNC:jm vc\Repons=1`15-21 Dollar General Typo 21 ABC. pc 31A-6 Conditional Use Permit No, 2015-21 November 9, 2015 Page 5 Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit A — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for Off -Sale Establishments 31A-7 MCFADOEN AVE. PH, R7. R7 RR2 2 Hx a RI R1 R1 IRl R1 -- a A'!. m R1 15_ SM .P RI „ RI R1 Ri R7 Rt 1 al °x1R° M c u h 'a MFIi `°, Ri R. 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R2 - O At GEV6MLAGR[YJE'IURALT CR OWMEMALFIEOEWAL RI 9NGIEfMMIYfL70ENi1A1. -R INWS MODIRQMN ac GNUNMENT()3N713i m "MOFAMILYRRWENCE CSI COMMEKMLMUTHMAIN Mi UGMNDUSIRAL m MUI.TIREDENElYMUII ci CGMMUNIIYWMMEFOAL M2 NEAWINDLISMAL FAMILYR DENCE CRMO IXSNM.O MEISiAUMU&1JMOISRdcf MO MILITARlOFf MIIONS RA MURWIARIRIMENTS C2 GENEMLCOMMEFUAL 0 0.pm MoE fE R-SCIENIIALE AM C3 CKWLEUSK5S p RMFESSONAL ED SPEOFICG@rllOPMENT aA CEIT LLBLGNESSA F-VIIAGE FCA RANNEDa MMUNIIYOWHAFMENT'J' MRCPIAN Gt FLANNEJ91OMNGCENTEk Fd7 PANNEOFECIRMALD&MOFMEdT c5 ARIMALWAMEMAL CUP 2015-21 k DOLLAR GENERALTYPE 21 ABG s:� '1445 SOUTH MAIN STREET — —=500 FEET V=1090 F&T P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31A-8 AVENUE S.F.R. — � [Sl��l w J Y SIN GL J M LY J w ESE � C ECT' '. FA- u D� � o S.F.R. fIFT V � IL w 1 C t F - Lu W m F - V5 J ¢ U tr 0 HOBART STANFORD FiE IN -E R SIAE CE AVENUE [Sl��l w � V SIN GL d M LY J w ESE PRO C ECT' '. FA- STANFORD FiE IN -E R SIAE CE AVENUE [Sl��l SIN GL m0!l M LY STANFORD FiE IN -E R SIAE CE AVENUE STREET [Sl��l SIN GL -F M LY ESE E C STREET [Sl��l CUP 2.01.5-21 DOLLAR GENERALTYPE 21 ABC 1445 SOUTH MAIN �& STREET` P L A N N I N G A N D B U I L 0 I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-9 CUP2015-21 DOLLAR GENERAL TYPE 21 ABC 1145 SOUTH MAIN STREET 31A-10 t 4 T �• Mar � awl CUP2015-21 DOLLAR GENERAL TYPE 21 ABC 1145 SOUTH MAIN STREET 31A-10 _� ,_, __ __ y � \ . . � � �4 / � 21A.11 Sec. 41.196. Establishments selling alcoholic beverages. Operational standards for off -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41-196 No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 2 The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 3. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises. 4. There shall be no coin-operated games maintained on the premises at any time. 5. All public telephones shall be located on the interior of the premises. 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within twenty-four (24) hours of being applied. 7. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") section 602, on the exterior of the premises, 8. It shall be the applicant's responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 9. The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages. 10. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the police department, addressing at a minimum the following items; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s); verifying age/checking identification of patrons; calling the police regarding observed or reported criminal activity. EXHIBIT 6 1of3 31A-13 11. If there is a marked or noticeable increase in the number of police -related incidents on or near the premises, as such increase may be determined by the chief of police, the applicant may be required to provide state -licensed, uniformed security guards at a number determined by the chief of police. 12. All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. 13. Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in pre-packaged multi -unit quantities. 14. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00/midnight each day of the week unless otherwise modified by the granting of an after-hours conditional use permit. 15. Existing building and required parking must conform to the provisions of Chapter I Article Il, Division 3 of the Santa Ana Municipal Code (building security ordinance). These code conditions will require that the existing project lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 16. Cash register must be visible from the street at all times and shall not be obstructed at anytime by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of window coverage. 18. Window displays and racks must be kept to a maximum height of three (3) feet including merchandise. 19. A timed -access cash controller or drop safe must be installed. 20. A silent armed robbery alarm must be installed and operable at all times. 21. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one (1) inch wide by three (3) inch long, in different colors, and in a contrasting color to the background, shall be placed every six (6) inches beginning at five (5) feet and ending at six (6) feet six (6) inches. 2of3 31A-14 22, No person under the age of twenty-one (21) shall sell or deliver alcoholic beverages. 23. Provide a closed circuit television system approved by the police department and capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows: a) A minimum of one (1) color camera at each cash register that views the front of a customer, from the waist to the top of the head. b) A minimum of one (1) color camera that views the full length side of a customer at the cash register area. c) A color camera recorder capable of recording events on all cameras simultaneously. d) A tape or disc storage library of recorded cameras kept for a minimum of sixty (60) days. e) If video tape is used, tapes cannot be taped over more than six (6) times. f) An audio recording component that will record sounds occurring at the customer counter. g) An internet protocol (IP) -based system is required. 24. It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC section 33.210. 25. The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs. This shall include any window signs and temporary banners. 3of3 31A-15 LS 11.2.15 RESOLUTION NO. 2015-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015-21 AS CONDITIONED TO ALLOW A TYPE 21 ALCOHOL BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1445 SOUTH MAIN STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2015-21 for a Type 21 Alcoholic Beverage Control (ABC) license to allow the off -premise sale of beer, wine and distilled spirits at an existing retail store located at 1445 South Main Street. B. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments selling alcoholic beverages for either on-site or off-site consumption. C. On November 9, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015-21. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2015-21 to allow a Type 21 ABC license for an existing store: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed Type 21 ABC license will provide an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in conjunction with groceries as well as a variety of general merchandise that is available to the general public. The ABC license will not negatively affect the surrounding community as standards are applicable to the license that will reduce potential impacts and avoid the potential for an Resolution No. 2015-36 Page 1 of 5 31A-16 attractive nuisance being established. By adding alcoholic beverages to the other items already offered in the store, Dollar General can better serve the community by providing added convenience and a one-stop shopping experience. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed ABC license will not be detrimental to persons residing and working in the area as operational standards will ensure that the use will not create any negative or adverse impacts. Dollar General is an established chain with alcohol related policies and procedures, including an employee training program focused on security and alcohol responsibility, which will ensure that alcohol sales are handled in a responsible manner. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of an ABC license for the retail establishment at this location will positively influence the present and future economic stability of the property by further diversifying the products and services offered within the store and area in general. Further, this will allow Dollar General to remain competitive with similar uses in the area which offer alcohol sales as part of their retail operations. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol license will be in compliance with all applicable regulations and operational standards found in Chapter 41 of the Santa Ana Municipal Code regarding off - premise alcohol licenses. Operational standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. Resolution No. 2015-36 Page 2 of 5 31A-17 The proposed use will not adversely affect the City's General Plan. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts. Further, the project is consistent with Policy 2.2 of the Land Use Element, which encourages land uses that accommodate the City's needs for goods and services. A full-service supermarket with an ancillary alcohol license provides a service to Santa Ana residents and visitors, especially those in the central section of the City. Furthermore, the license is consistent with Policy 2.8 of the Land Use Element, which encourages increased levels of capital investment. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 21 ABC license will maintain a safe and attractive environment at the shopping center. Retail establishments and regulated uses such as ABC licenses are permitted within the General Commercial (GC) General Plan land use designation. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Dollar General is currently located in a commercial area and its operations will be compatible with the surrounding commercial businesses. E, In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of beer, wine and distilled spirits within an existing structure that is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2015-94 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2015-21 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1445 South Main Street. This decision is based upon the evidence submitted at the Resolution No. 2015-36 Page 3 of 5 31A-18 abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated November 9, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9th day of November, 2015. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Verino (1) ABSTENTIONS: Commissioners: None (0) James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015-36 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 9, 2015, Date: Commission Secretary City of Santa Ana 31A-19 Resolution No. 2015-36 Page 4 of 5 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2015-21 Conditional Use Permit No. 2015-21 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed belowrip or to exercising the rights conferred by this approval. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division The site shall remain in compliance with operational standards for off -sale establishments as required pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC). Resolution No. 2015-36 Page 5 of 5 31A-20 A111111111111 Lei 0 CSI i�i�7�J>![al�Tl k c • LL r� CONDITIONAL USE PERMIT NO. 2016-18 AND VARIANCE NO. 201649 TO ALLOW DRIVE. THROUGH WINDOW SERVICE AND A REDUCTION IN PARKING FOR TWO COMMERCIAL PADS AT 1330 EAST SEVENTEENTH STREET - VENTUREPOINT DEVELOPMENT, APPLICANT (STRATEGIC PLAN NO. 3, 2) _ r CITY MANAGE CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 1911111 RN1r►i-1 At its regular meeting on November 9, 2016 by a vote of 6:0 (Verino absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016-18 as conditioned to allow drive-through window service and Variance No. 2016-09 as conditioned for a reduction in parking to allow the construction of two commercial pads at 1330 East Seventeenth Street located in the Planned Shopping Center (C4) zoning district. The Planning Commission added a condition 'lo include additional landscape green screens on both buildings to discourage graffiti (Exhibit A). w ••• w •, 1 'i -ww w w�• i - i- w w w • - � w w: i G. 5" �w .` i y w w '� i� -• i B- i ,i iw oa w 3 a.' w '"� e• • � «w •i .: "u: °i� iw :,i= 6' i i.'°, ro i "ii a • w w� iw w v i 'w w _. iiA- iw eswW a :,s w W ••,. • w • a � w e w i• � w�� w• wow aw' • wi w w +�ww� w a i "i •w w w i iii ,. w, w w w J i6 a • i 31 B-1 Conditional Use Permit No. 2015-18 Variance No, 2015-08 December 1, 2015 Page 2 STRATE91C PLAN ALIGNMENT Approval of this Itemsupports efforts to meet Goal #3 Economic Development, Objective (create new opportunities for buslness/Job growth i encourage private development p i new - .; Plan i ZoningOrdinanceii 019AUMEACT There Is no fiscal Impact associatedaction, VC: rb voWeporWCUP1 5-1 OYAR15-09.TargatRotallPods, cc Exhibit: A. Planning Commission Staff Report 31 B-2 REQUEST FOR NOVEMBER 9, 2015 TITLE: PUBLIC HEARING • FILED BY VENTUREPOINT DEVELOPMENT FOR CONDITIONAL USE PERMIT NO. 2015-18 AND VARIANCE NO, 2015-09 TO ALLOW DRIVE-THROUGH WINDOW SERVICE AND A REDUCTION IN PARKING FOR TWO COMMERCIAL PADS AT 1330 EAST SEVENTEENTH STREET (STRATEGIC PLAN NO. 3, 2) APPROVED ❑ As Recommended ❑ As Amended ❑ Set, Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Prepared by Verny Carvajal xecut�ctor ----- -- Acting P ping Manager RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2015-18 as conditioned. 2. Adopt a resolution approving Variance No. 2015-09 as conditioned. Request of Applicant VenturePoint Development, on behalf of RGA Group, LLC, is requesting approval of a conditional use permit to allow drive-through window service and a variance from required parking to allow the construction of two commercial pads as part of an existing integrated commercial development at 1330 East Seventeenth Street. Property Description The property is a 9.8 -acre, rectangular shaped parcel located at the southeast corner of Seventeenth Street and Grand Avenue. The site is located within the Planned Shopping Center --- (C4) zoning district and has -a General -Plan designation of General -Commercial -(GC): Surrounding uses include retail and single-family residential to the north and east, single-family residential uses to the south, and a mixture of commercial uses to the west. The existing integrated shopping center is comprised of two legal parcels containing two existing building pads with approximately 117,500 leasable square feet of retail space that includes an existing 9,100 square foot Big-O- Tires/O'Reilly Auto Parts building at the intersection of Seventeenth and Grand Avenue and a 108,400 square foot Target on the rearmost portion of the project site. Parking for the development site is shared with the anchor tenant, with a total of 493 parking spaces provided (Exhibits 1, 2, and 3). EXHIBIT A 31 B-3 Conditional Use Permit No. 2015-18 Variance No. 2015-09 November 9, 2015 Page 2 The applicant proposes to construct a 5,450 square foot multi -tenant corner pad with retail and restaurant uses. In conjunction with the new corner pad, the applicant is requesting a conditional use permit to allow drive-through window service for a future eating establishment. As required by code, an 80 -foot separation between the pick-up window and the order board and another 80 -foot separation between the order board and the entrance to the drive-through lane has been provided. In addition, the applicant is proposing a 3,850 square foot building pad at the southwest corner of the site for a future banking center with drive -up teller service. The buildings will feature a contemporary architectural theme and will include pedestrian links to each arterial street and the interior of the existing Target. Key architectural elements will be applied to each new building and the existing Target building including exposed trellis and metal canopy features, smooth stucco finish, natural stone veneer, and a decorative plaster cornice roof accents. The project will introduce additional interior and perimeter landscaping in order to bring the site closer into compliance as required by code. Although the total square footage for the shopping center will result in a net increase of 200 square feet following the demolition of the existing 9,100 square foot automotive building, Section 41-681.2 of the Santa Ana Municipal Code (SAMC) requires nonconforming sites to comply with current off-street parking requirements. As a result, the applicant is requesting approval of a variance to allow a reduction in required parking for the two proposed building pads (Exhibits 4 through 9). TI =tom � MIM— ", Drive-Throuah Window Service Drive-through window service is considered a critical operational component of a quick -serve restaurant. The conditional use permit has been reviewed based on the criteria established by the City and has been found to be consistent with the operational standards for drive-through establishments. To avoid impact to the health, safety and general welfare of persons working or residing in the area, numerous conditions of approval have been incorporated into this project. The existing on-site circulation system has been designed to avoid conflicts between vehicles in the parking area and the drive-through lane. Also, the ability for cars to stack onto Seventeenth Street or Grand Avenue has been eliminated through the location and design of the proposed stacking lane. In order to avoid pedestrian and vehicle conflicts, a clear path of travel between each building pad and the public sidewalk has been incorporated as part of the project design. Parking Variance The applicant is requesting approval of a variance to allow a reduction in required parking. The entire shopping center currently contains 498 parking spaces to serve the two existing buildings. The proposed retail and restaurant corner pad building is parked at a rate of five spaces per 1,000 square 31 B-4 Conditional Use Permit No. 2015-18 Variance No. 20'15-09 November 9, 2015 Page 3 feet, pursuant to the City's retail parking standards, and 10 spaces per 1,000 square feet, pursuant to the City's restaurant parking standard, Additionally, the applicant is proposing to construct a new 3,850 square foot banking center with drive-through teller which is parked at a rate of four spaces per 1,000 square feet. Based on code requirements, a total of 611 parking spaces would be required for this site, while 493 spaces will be provided at completion of the proposed expansion. This is a net difference of 118 spaces, ora 21 percent reduction in required. To analyze whether the existing parking on the site could accommodate the new buildings as well as the additional uses within the Target Center, the applicant hired the traffic engineering firm of Kunzman Associates, Inc. to prepare a parking analysis for the site. The parking study was intended to provide an analysis of the demand for parking based on the different activity patterns of the center. The study analyzed the change in the number of parking spaces required for the proposed shop pads based upon the Municipal Code and a parking demand survey based on multiple peak periods on three distinct days of the week. By utilizing additional field verification of the existing utilization of the parking currently provided, combined with a future demand, the study concluded that the total maximum parking demand for the center would be 270 spaces, As a result, a surplus of over 220 spaces will be available at peak periods. The variance will allow two new buildings in underutilized areas of the shopping center that will benefit the community by providing an increased level of service to individuals who live and work in the area (Exhibit 10). Public Notification The project is located within the boundaries of the Portola Park and Mabury Park Neighborhood Associations. Staff made contact with various neighborhood leaders of the Portola Park and Mabury Park Associations to ensure that they were notified of this project and to identify any areas of concern. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, by phone, written, or electronic, had been received from any members of the public. CEQA Analysis This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures. A Notice of Exemption for Categorical Exemption Environmental Review No. 2014-160 will be filed for this project. 31 B-5 Conditional Use Permit No. 2015-18 Variance No, 2015-09 November 9, 2015 Page 4 w e' rr c Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion The proposed construction of two additional commercial pads on an underutilized site will continue to provide needed services to current and future Santa Ana residents and visitors along the Seventeenth Street and Grand Avenue Corridors. To address any potential concerns related to the proposal, staff has included conditions of approval that would serve to address these issues. Staff recommends that the Planning Commission approve Conditional Use Permit No. 2015-18 and Variance No. 2015-09 as conditioned. Vemy Carvajal Principal Planner VC:jm v6reportslcup15.1 Bwari 5-09.TargetRetal[Pads.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Landscape Concept Exhibit 5 — Shops Floor Plan Exhibit 6 — Pad Floor Plan Exhibit 7 — Shops Elevations Exhibit 8 — Pad Elevations Exhibit 9 — Target Front Elevation Exhibit 10 — Parking Analysis MEW CUP 2015-18, VAR 2015-9 VENTUREPJINT DEVELOPMENT 1330 EAST SEVENTEENTH STREET Y' = ip00 FEEL' P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31 B-7 RI G R, afti C5 cs aiQ LAImRl Rt RI RI At a1 _ RI Al At R1„ 0 At g RI Rp 4 Rl p al s, Ca C5 k x- cs CA x Ls 1 C BI Ct i ,2 CS C2 RI _Rw v.ate-rrF al tRI -j cs P EC�5, RI Rt s ' RI �C� g C5 'Rrr` 5 Rt � RI Rl n� ,y RI a C'5 C5— 4 y q qN '� Ra us o A, 0 -ma MI r. rt3`vn y 4 V R7 TV y. !,gyp _ aL n A, C8tlfflALA0A0ULiUPMj OR WAMMOALFfii1OWAL RI INr EFAMILYAM- DBMAL �s MWING10WRCAMN GG CAVfHIMEMCE m IT 7MA)FAMILYEU[ONM GIN a MCii xs=Hmw MI LlL TIHOUSRAL m MUMPEWN9TYMULiiFi.E Cf 02MMUNITY00MMEJUAL M2 HEAVlINDUFMAL KAMILY[4EI7 B3;;E Cl MU C CMM.03WAff0AUMUS3lM DIMM MO MUTAR/OrTATMIS RA 9JELR IANAFARWEAITS C7. GENERALCCNAMMAL 0 GFENSMa FS R DBMALEMTAIE G3 W TPAL809NESS P PF MB PIAL 9) SMRODLAWMIH W 0AJIRAL&1SNM5AR ffWAG[ FCU RANNBDOOMMUNINDMORNBIT 9' S9mllc AN CA FLANNi)EHOMNGCEN)FR RR) FLAMM PMOBMALDEY OPMENT m AR ALMMMUOAL CUP 2015-18, VAR 2015-9 VENTUREPJINT DEVELOPMENT 1330 EAST SEVENTEENTH STREET Y' = ip00 FEEL' P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31 B-7 CUP 2015-18, VAR 2015-9 VENTUREPOINT DEVELOPMENT 1330 EAST SEVENTEENTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 J Q � J K LijZ W W W WAL zw Z "' rQ � s - WH v~ a w COM MER'IAL .I� j ¢ o w CON MERCIAL w J 17TH STREET SIN L -F COMM. RESID N I L COMM. Wry COMMERCIAL Z LU d d J .z W Q. � w V u. 15TH STREET -�w Z _ _ s LE- A ILY iL R SI EN IAL 5. F.R. 14TH STREET " -FA IL SIN LE FA IL R .N IA R St ENTIAL T� CUP 2015-18, VAR 2015-9 VENTUREPOINT DEVELOPMENT 1330 EAST SEVENTEENTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 w J SIN L -F IL RESID N I L z CUP 2015-18, VAR 2015-9 VENTUREPOINT DEVELOPMENT 1330 EAST SEVENTEENTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 CUP2015-18 & VA2015-09 VENTUREPOINT DEVELOPMENT 1330 EAST SEVENTEENTH STREET 31 B-9 '�• 1 t 4 f i ikil Sv'i lime •i i�i6R m$1 - pii `"..?='Y� - ee-r�'� r r ,�anb ,• ? F -� - � � ��,� Lill � ted. CUP2015-18 & VA2015-09 VENTUREPOINT DEVELOPMENT 1330 EAST SEVENTEENTH STREET 31 B-9 4 to 4113 I UM �a �I U `E 4b � ` aEM 15 CL LU pP¢ tu jigCL fa Sas a� �°s��g m ` ' " � &5 kR I°,ma t5x $ b y Sri c� i ?$H Hs.',a Hff a sC1ca UJI r z 'w 4.f J_ R tL cc LU m r� �nKe3lcffIG. 0 4 1 O 0 b 0 EXHIBIT 5 31B.11 31B.12 Jill I Jt ink1 .BAR Wy rd rod EXHIBIT 7 31 B-13 G¢ Wk IL W W51 0 s R W N 01114302 �, 31B.15 (''LINZMA.N AssocIATEs, INC. OveR 35 Yr_ARs or I'xCELLEhrr SeRVIC[ November 25, 2013 Mr. John Clement, President VENTUREPOINT 341.9 Via Lido, Suite 640 Newport Beach, CA 92663 Dear Mr. Clement: INTRODUCTION The firm of Kurtzman Associates, Inc, is pleased to submit this parking study for the Target Center project in the City of Santa Ana, Kunzman Associates, Inc. has been asked to conduct an analysis of the parking for the Target Center project in order to ascertain if adequate parking spaces are currently provided at the project site for existing and future conditions. This report summarizes our methodology, analysis, and findings. Although this is a technical report, every effort has been made to write the report clearly and concisely. To assist the reader with those terms unique to transportation engineering, a glossary of terms is provided within Appendix A. IRS+37114911*1 ' 1111 1 The project site is located at the southeast corner of 17th Street and Grand Avenue within an existing shopping center in the City of Santa Ana. As shown in Table 1, the existing shopping center is currently occupied with retail and automobile service land uses. The total square footage of the existing shopping center is currently 117,495 square feet. The existing shopping center currently provides 517 parking spaces, which is reduced by fourteen (14) parking spaces due to semi-permanent objects currently placed over existing striped parking spaces. Figure 1 shows the existing site plan for the project. The project proposes to eliminate the existing building containing Big 0 Tires and O'Reilly Auto Parts and construct two new buildings on the project site (see Table 2). The first building totals 5,450 square feet and is proposed to be developed with 4,600 square feet of fast food restaurant use and 850 square feet of general retail use. The second building totals 3,850 square feet and is proposed to be developed with a bank use. The parking lot will be re -striped and the proposed shopping center will provide a total of 506 parking spaces. However, the proposed shopping center was assumed to provide a total of 492 parking spaces due to semi-permanent objects currently placed over proposed striped parking spaces. The proposed shopping center square footage will be 117,683 square feet. The proposed site plan is shown on Figure 2. lilt TowN & CouN y ROAD, Suin 34 ORANOf, C&LtromA 92668 (714)973-6383 W W W.TR.AFFIC-ENC.INFER.COM EXHIBIT 10 31 B-16 Mr. John Clement, President VENTUREPOINT November 25, 2013 PARKING CODE The City of Santa Ana Parking Code requirements are included in Appendix B. Table 3 calculates the change in the number of parking spaces required for the proposed shopping center based upon the City of Santa Ana Parking Code. Based upon the City of Santa Ana Parking Code requirements, the proposed shopping center will require 24.1 additional parking spaces (see Table 3). PARKING DEMAND SURVEY Based upon discussions with the City of Santa Ana staff and the applicant, the peak periods for parking at the shopping center were determined to be from 10:00 AM to 8:00 PM on Thursday, Friday, and Saturday. To quantify the existing parking demand, the shopping center was surveyed at 30 minute intervals on Thursday (November 14, 2013), Friday (November 15, 2013), and Saturday (November 23, 2013). The shopping center parking area was divided into five (5) parking zones as shown on Figure 3. The parking surveys are shown in Tables 4 to 6. The parking survey conducted on Saturday (November 23, 2013) shows the maximum number of Occupied parking spaces is 220 from 3:00 PM to 3:30 PM (see Table 6). This is a maximum parking occupancy of 44 percent. Tables 7 to 9 include the addition of the parking surveys with the proposed land use changes provided by the applicant, Table 9 shows that a maximum demand of 245 occupied parking spaces Is projected to occur on Saturdays from 3:00 PM to 3:30 PM. As shown In Table 10, the expected peak parking demand is 245 occupied parking spaces for the proposed shopping center. However, a ten (10) percent overage is recommended to assure there is adequate parking. The total maximum likely parking demand of 270 occupied parking spaces will allow for parking on-site and provide sufficient additional parking for the existing and proposed land uses based upon the proposed total of 492 parking spaces. A graph comparing the projected peak parking demand for Thursday, Friday, and Saturday to the number of parking spaces provided is shown on Figure 4. CONCLUSIONS 1. The project site is located at the southeast corner of 17th Street and Grand Avenue within an existing shopping center in the City of Santa Ana. The existing shopping center currently provides 517 parking spaces, which is reduced by fourteen (14) parking spaces due to semi-permanent objects currently placed over existing striped parking spaces. 2. The existing shopping center is currently occupied with retail and automobile service land uses. The total square footage of the existing shopping center is currently 117,495 square feet. 3. The project proposes to eliminate the existing building containing Big 0 Tires and O'Reilly Auto Parts and construct two new buildings on the project site. The first building totals 5,450 square W W W.T0.AFnC•ENGINEMCOM 31 B-17 Mr. John Clement, President VENTUREPOINT November 25, 2013 feet and is proposed to be developed with 4,600 square feet of fast food restaurant use and 850 square feet of general retail use. The second building totals 3,850 square feet and is proposed to be developed with a bank use, The parking lot will be re -striped and the proposed shopping center will provide a total of 506 parking spaces. However, the proposed shopping center was assumed to provide a total of 492 parking spaces due to semi-permanent objects currently be placed over proposed striped parking spaces. The proposed shopping center square footage will be 117,683 square feet. 4. Based upon the City of Santa Ana Parking Code requirements, the proposed shopping center will require 24.1 additional parking spaces. S. Based upon discussions with the City of Santa Ana staff and the applicant, the peak periods for parking at the shopping center were determined to be from 10:00 AM to 8:00 PM on Thursday, Friday, and Saturday. 6. The existing parking demand was determined by surveying the project site at 30 minute intervals on Thursday (November 14, 2013), Friday (November 15, 2013), and Saturday (November 23, 2013). The parking survey conducted on Saturday (November 23, 2013) shows the maximum number of occupied parking spaces is 220 from 3:00 PM to 3:30 PM (see Table 6). This is a maximum parking occupancy of 44 percent. 7. The expected peak parking demand is 245 occupied parking spaces for the proposed shopping center. However, a ten (10) percent overage is recommended to assure there is adequate parking. The total maximurn likely parking demand of 270 occupied parking spaces will allow for parking on-site and provide sufficient additional parking for the existing and proposed land uses based upon the proposed total of 492 parking spaces. 8. Sufficient on-site parking is provided by the shopping center based upon the parking study. It has been a pleasure to serve your needs on the Target Center project. Should you have any questions or if we can be of further assistance, please do not hesitate to call at (714) 973-8383. Sincerely, KUNZMAN ASSOCIATES, INC. KUNZMAN ASSOCIATES, INC. Q�'UA1 Carl Ballard, LEEO GA Principal Associate 'I #5570 ��F�,� � A, K co �✓ p Z No. TROO56 � n * AFFyG al W W W,TRA.FFIC�ENCINEER.COM 31 B-18 William Kunzman, P.E. 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N <} W M N U � q 1p N N M M a C G m a V1 ut a G m m h rl N r-1 N L d m G N ot h H O. 6 I O c N y `C U W tO tO m m ((�� l0 c0 H U m lb at v1 Iw O d N IfY a cO � N N M a RI a N t0 h t0 lD tD t(1 l0 l0 t6 G a' a m Z Cp C m LO Itl 40 Vl O lU O t0 lO ttl M t6 H tO CO Vl V1 h N h N h fIY 10 L!1 h H h !V l0 10 l0 a !w N l0 W N Q1 VI N N tl�9 C N N U et CO lO OI N tD U WVt N tT m U N e -I II'f O a N us U Q 4 4 Z m a cS �c c rL d o 0 o In b m o d g o g o g o q q g q d qd o m m o m o m m m - H H R H t•1 H a-1 l'V fV IO M d' V V1 V1 lb lb h n W d O D O O O O O b O O O O D O O b 6 O O O j. o Z O g a a a a a a a a awp D. c�Uyi a o dm Z o o Oo O m O S m O m O M Ci d b m b O „I r'1 O N *-1 ri N N m m C V tti Ist tp 40 (� n H 31 B-22 N r LS11.2.15 V *101IL4000101611KIN&SINN A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015-18 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1330 EAST SEVENTEENTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2015-18 to allow drive-through window service as part of a new retail and restaurant pad at the property located at 1330 East Seventeenth Street. B. Santa Ana Municipal Code Section 41-412.5(c) requires approval of a conditional use permit for eating establishments with drive-through window service. C. On November 9, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015-18. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2015-18 to allow for a restaurant with drive-through window service: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed drive-through restaurant and retail pad will contribute to the general well-being of the area by providing a new restaurant with additional landscaping and outdoor amenities available to both pedestrians and vehicles traveling along Seventeenth Street and Grand Avenue. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Resolution No. 2015-37 Page 1 of 5 31 B-23 The addition of drive-through window service, in conjunction with the proposed conditions, will not be detrimental to the health, safety or general welfare of persons working in the area. The circulation, design, and layout of the proposed drive-through lane has been designed to minimize any adverse impacts that may be generated as a result of the new drive-through lane. Conditions have been incorporated into the project to help minimize any adverse impacts that the project might generate as the result of its drive-through use. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The new restaurant with drive-through service, in conjunction with upgrades of landscaping and circulation, will provide both a visual upgrade and new economic activity for this area of Seventeenth Street and Grand Avenue. The overall economic stability of the area will be strengthened with additional commercial services in the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed retail pad with restaurant and drive-through window operation will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code and design standards for drive-through facilities. The drive- through lane will meet the stacking lane requirement of 160 linear feet, as required by code. Except for the parking requirements, the proposed project is consistent with the site development standards established in the Planned Shopping Center (C4) zoning district. The proposed project is requesting approval of variance to reduce its required amount of parking. Should the variance be approved, the project will be consistent with all established development standards. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The drive-through lane for the proposed restaurant use is consistent with the General Plan land use designation of General Commercial as support commercial uses, including restaurants, are permitted by right. The project supports General Plan Land Use Policy Number 2.7, which promotes Resolution No. 2015-37 Page 2 of 5 31 B-24 the rehabilitation of commercial properties and encourages increased levels of capital investment. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15303. The project is exempt from further review pursuant to Section 15303. The Section 15303 (Class 3) exemption consists of the construction of small structures. The proposal involves the demolition of an existing 9,100 square foot building and construction of two new commercial buildings totaling 9,300 square feet which is under the 10,000 square foot threshold for this exemption. Categorical Exemption Environmental Review No. 2014-160 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2015-18 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1330 East Seventeenth Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated November 9, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9th day of November, 2015. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Verino (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2015-37 Page 3 of 5 31 B-25 James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015-37 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 9, 2015. Date: Commission Secretary City of Santa Ana Resolution No. 2015-37 Page 4 of 5 31 B-26 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2015-18 Conditional Use Permit No. 2015-18 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed belowrip or to exercising the rights conferred by this approval. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to Development Plan Approval of DP No. 2014-54. 2. The berm and proposed landscaping surrounding the drive-through lane must consist of mature landscaping that will adequately screen the drive- through lane. Resolution No. 2015-37 Page 5 of 5 31 B-27 LS 11.2.15 RESOLUTION NO. 2015-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2015-09, AS CONDITIONED, TO A REDUCTION IN REQUIRED PARKING AT 1330 EAST SEVENTEENTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2015-09 to allow for a 21 percent reduction in required parking at 1330 East Seventeenth Street. B. Pursuant to Article XV of the Santa Ana Municipal Code (SAMC), the number of parking spaces required for each use shall be determined separately. C. Variance No. 2015-09 came before the Planning Commission on November 9, 2015, for a duly noticed public hearing. Variance No. 2015- 09 would allow a parking variance of 118 spaces or a 21 percent reduction in required parking as part of the construction of two commercial buildings to be located at 1330 East Seventeenth Street. D. The Planning Commission determines that for Variance No. 2015-09 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provision of the Santa Ana Municipal Code, have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provision of this chapter. The project site has a special circumstance related to its location and surroundings. The proposed structures are located within a built out development site on Seventeenth Street and Grand avenue that is surrounded by commercial and residential uses. Due to its location, there is no feasible option for providing additional parking for the new uses. In addition, the parking analysis prepared by Kunzman Associates, Inc. has determined that sufficient parking will be Resolution No. 2015-38 Page 1 of 5 31 B-28 provided for the project by evaluating the existing shopping center usage during peak periods. The study concluded that even under peak demand, a minimum of 220 parking spaces will be available within the shopping center. In addition, the proposed development will only result in a net increase of 200 square feet following the demolition of the existing commercial building. As a result, the parking variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial uses. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The granting of the parking variance will preserve the property owner's ability to establish buildings with uses that will identify the site as an economically viable development. Further, the reduction in parking will provide flexibility of leasing options that would support Policy 2.7 and policy 5.7 of the Land Use Element of the General Plan which promotes rehabilitation of commercial properties and encourages increased levels of investment while anticipating that intensity of new development does not exceed available capacity. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. As demonstrated in the parking analysis for the project, the site will have sufficient parking to accommodate the various uses during the peak parking hours. Therefore, the reduction in parking will not be detrimental to the surrounding community as it will not result in parking impacts affecting adjacent commercial or residential neighborhoods. Further, the site is in compliance with all other development standards applicable to the property. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since both the proposed retail and restaurant pad with drive-through service and proposed banking center are both in conformance with City development standards for commercial uses and are Resolution No. 2015-38 Page 2 of 5 31 B-29 consistent with the General Commercial (GC) General Plan land use designation. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15303. The project is exempt from further review pursuant to Section 15303. The Section 15303 (Class 3) exemption consists of the construction of small structures. The proposal involves the demolition of an existing 9,100 square foot building and construction of two new commercial buildings totaling 9,300 square feet which is under the 10,000 square foot threshold for this exemption. Categorical Exemption Environmental Review No. 2014-160 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2015-09 for 1330 East Seventeenth Street as conditioned in Exhibit A attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Staff reports and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 91" day of November, 2015. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Verino (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2015-38 Page 3 of 5 31 B-30 James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015-38 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 9, 2015. Date: Planning Commission Secretary City of Santa Ana 31 B-31 Resolution No. 2015-38 Page 4 of 5 EXHIBIT A Conditions of Approval for Variance No. 2015-09 Variance No. 2015-09 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed belowrip or to exercising the rights conferred by this approval. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project shall remain in compliance with Development Project Review No. 2014-54 and staff report exhibits. 2. Parking reduction may not exceed 21 percent (493 parking spaces). 3. Submit a revised sign program for the shopping center in compliance with Chapter 41 of the Santa Ana Municipal Code. 4. A lot line adjustment shall be recorded for the removal of existing lot lines located below any proposed buildings. 5. All parking lot lighting to include all rear building loading and drive aisles must be upgraded to current code standards as required by Chapter 8, Article ll, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All lighting should be installed or adjusted to avoid spillover and glare impacts onto adjoining properties. 6. The operator/owner shall remove any graffiti occurring on the premises within 24 hours. 7. The property owner shall install and maintain bicycle parking as required by Section 41-1307.1 of the Santa Ana Municipal Code. Resolution No. 2015-38 Page 5 of 5 31 B-32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN PERTAINING TO NEW MINIMUM WAGE RATE (STRATEGIC PLAN NO. 7,6) CITY MANA R CLERK OF COUNCIL USE ONLY: 91 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution amending and reestablishing the City's Basic Classification and Compensation Plan to ensure City compliance with the new California minimum wage. DISCUSSION A minimum wage law (Assembly Bill 10) adopted by the California State legislature in 2013 established the minimum wage for all employees in the State of California at $9.00 per hour effective July 1, 2014 and $10.00 per hour effective January 1, 2016. This resolution amends the City's Basic Classification and Compensation Plan to increase the hourly wage rates to $10.00 per hour for eight part-time classification titles to ensure compliance with this new minimum wage requirement. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #7 Team Santa Ana, Objective #6 (Provide a positive workplace environment that supports the health of its employees and celebrates success). FISCAL IMPACT Funds are available in the affected departmental salary accounts. fA C -- Edward S. ay Executive Director Personnel Services artment Exhibit 1: Resolution APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency J 55B-1 55B-2 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026 TO AMEND THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN TO PROVIDE PAY INCREASES FOR EIGHT PART TIME TITLES, TO ENSURE COMPLIANCE WITH STATE MINIMUM WAGE LAW, AND TO AMEND THE CITY'S BUDGET FOR FISCAL YEARS 2015-2016. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On June 16, 2015, the City Council passed and adopted Resolution No. 2015-026 amending and reestablishing the Basic Classification and Compensation Plan for all Full -Time and Part -Time Classifications of Officers and Employees of the City of Santa Ana. C. On July 7, 2015, the City Council passed and adopted Ordinance No. NS - 2878, establishing the City's Budget for Fiscal Years 2015-2016, authorizing position allocations for Fiscal Years 2015-2016, and requiring that alterations in the allocation of authorized positions be reviewed and approved by the City Council. D. The State of California adopted a new minimum wage law requiring that the minimum wage rate be increased to $9.00 per hour effective July 1, 2014, and to $10.00 per hour effective January 1, 2016. To comply with the second legislated increase, hourly pay rates assigned to seven represented and one unaffiliated part-time classification titles need to be adjusted accordingly. E. It is now desired to amend Council Resolution Nos. 2015-026, as amended, and the Annual Budget for Fiscal Years 2015-2016, as amended, in order to effect these changes. Section 2: That Exhibit H Classification Titles and Wage Rates for Represented categories of Non -Civil Service Part -Time Employment of Resolution No. 2015-026, be amended by adjusting the five hourly wage rates assigned to the following seven part time classification titles as set forth below: 55B-3 Classification Title Hourly Wage Rates Effective 1/1/16 Step A Step B Step C Step D Step E Clerical Assistant $10.00 $10.51 $11.02 $11.57 $12.14 General Assistant $10.00 $10.51 $11.02 $11.57 $12.14 Maintenance Aide 1 $10.00 $10.51 $11.02 $11.57 $12,14 Page $10.00 $10.51 $11.02 $11.57 $12.14 Program Leader 1 $10.00 $10.51 $11.02 $11.57 $12.14 Special Emp. Counselor 1 $10.00 $10.51 $11.02 $11.57 $12.14 Sports Attendant $10.00 $10.51 $11.02 $11.57 $12.14 Section 3: That Exhibit I Classification Titles and Wage Rates for Seasonal and other Unaffiliated categories of Non -Civil Service Part -Time Employment of Resolution No. 2015-026, be amended by adjusting the five hourly wage rates assigned to the following part time classification title as set forth below: Classification Title Hourly Wage Rates Effective 1/1/16 Step A StepBB Step Step D Step E Student Intern $10.00 $10.51 $11.02 $11.57 $12.14 Section 4: That except as amended by this Resolution, all other provisions of Resolution Nos. 2015-026, as amended, and the Annual Budget for Fiscal Years 2015- 2016, as amended, shall remain in full force and effect. Section B: This Resolution shall be operative from and after January 1, 2016. ADOPTED this 1 st day of December, 2015. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney } BY. _ , ow,Q' t, -U `F Sonia R. Carvalho City Attorney Miguel A. Pulido Mayor 55B-4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, Resolution No. 2015- to be the original City of Santa Ana on December 1, 2015. Date: do hereby attest to and certify the attached resolution adopted by the City Council of the 55B-5 Clerk of the Council City of Santa Ana 55B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: APPOINT REPRESENTATIVE TO THE ORANGE COUNTY VECTOR CONTROL (STRATEGIC PLAN NO, 5, 1) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 13' Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Appoint a representative to the Orange County Vector Control for either a two or four year appointment commencing January 5, 2016. DISCUSSION The City's current representative is Cecilia Aguinaga who has served in this capacity since November, 2010 and has expressed interest in continuing to represent the City. The Vector Control meets on the 3rd Thursday of the month at 3:00 p.m. at their Garden Grove headquarters; representatives receive $100 a month stipend. Staff posted the vacancy, pursuant to Maddy Act requirements and has not received any applications from interested residents for said position. The Orange County Vector Control District (OCVCD) is one of over 100 agencies statewide specifically dedicated to protecting public health by controlling rats, flies, mosquitoes, and other vector related problems. The District was formed in 1947 in accordance with local authority provided by the Mosquito Abatement Act of 1915 and further supported by the California Health and Safety Codes. Operation of the District is overseen by a Board of Trustees comprised of 35 members, each appointed by their city of residence (34) with one member representing the County. Trustees are appointed for terms of either two or four years at the discretion of the appointing authority and need not be elected officials. Also, it is important to note that appointed members may not be removed without cause. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 60A-1 Appointment to the Orange County Vector Control December 1, 2015 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council Exhibit 1: October 27, 2015 OCVD Correspondence 60A-2 BOARD OFFICERS FOR 2015 PRESIDENT Santa Ana City Council October 27, 2015 JOE CARCHIC City of Santa Ana VICE-PRESIDENT CONSTANCE M, UNDERHILL 20 Civic Center Plaza SECRETARY DR. ALLAN BERNSTEIN Santa Ana CA 92702 BREA 2015 DISTRICT MANAGER p MICHAEL G. HEARST CLERK OF THE BOARD Dear Mayor and Council Members: TAWNIA E. PETT CITY SANDRA GEMS 13001 GARDEN GROVE BOULEVARD GARDEN GROVE, CA 92843.2102 PHONES: (714) 971.2421 (949) 654.2421 FAX: (714) 971.3940 ocvcd@ocvcd.org ocvcd.org facebook.comlocvectorcontrol twitter.conVocvecto r "An Independent Special District Serving Orange County Since 1947" The mission of the Orange County Mosqulta pr pntrol District Is to provide the citizens of Orange County with the highest level of o c Ion fr m vectors and vector-borne diseases. Santa Ana City Council October 27, 2015 BOARD OF TRUSTEES -2015 City of Santa Ana ALISO VIEJO PHILLIP B. TSUNODA 20 Civic Center Plaza ANAHEIM LUCILLE KRING Santa Ana CA 92702 BREA CECILIA HUPP BUENAPARK MICHAEL [DAVIS Dear Mayor and Council Members: COSTA MESA y SANDRA GEMS CY ES Sp CS BERRY The term of office of your representative, Ms. Cecilia Aguinaga, will expire on January DANA POINT CARLOS N. OLVERA 4, 2016 at 11:59 A.M. Asou know, Ms. Aguinaga was first appointed in November FOUNTAIN VALLEY y pp CHERYL BROTHERS 2010, and since her appointment she has attended 53 of the 60 meetings held for an 88 g FULLERTON rp JAN M. FLOW percent record of attendance. GARDEN GROVE ROBIN MARCARIO ""JOECARCHBIOA`" The qualifications for your representative on the Board of Trustees are stated in Section IRVIN LYNN SCHOTT 2022 of the California Health and Safety Code as follows: LA HABRA JAMES GOMEZ LA ALMe "Section 2022. (b) Each appointed by a city council to be HwANGBo person a member of LA ONI INA SMAN a board of trustees shall be a voter in that city and a resident of that portion of LAGUNA HILLS BARBARA KOGERMAN the city that is within the district." LAGUNA NIGUEL JERRY SLUSIEWICZ LAGUNA WOODS your representative is appointed to a two or four term of Section 2024 SHARI L. HORNE year office of p pp y `"VAFOREST the Health and Safety Code) and cannot be replaced except for cause. E LOSALAMITOS GERRI GRAHAWMEJIA MISSION VIEJO "Section 2024. (a) Except as provided in Section 2023, the term of office for DAVE S NEWPORT BEACH a member of the board of trustees shall be for a term of two or four years, at SCOTT PEOTTER ORANGE the discretion of the appointing authority. Terms of office commence at noon MICHAELALVAREZ PLACENTANCE on the first Monday In January." M, UNDERHILL CONSRANCHO SANTA MARGARITA SAN CLEMENTEHSON It is the Board's request that you reappoint Ms. Aguinaga, or a successor to her, for the JIM DAHL SAN JUAN CAPISTRANO next term of office, either two or four years. Once the appointment is made, please PAM PATTERSON SANTAANA send notification to the District by mail or e-mail to: jpettW,)ogycd.org, CECILIA AGUINAGA SEALBEACH MICHAEL LEVITT STANTON rel y,TUSTIN ALETHANS DR. ALLAN BERNSTEIN Aa VILLA PARK 6e GREG MILLS WESTMINSTERSERGIO CONTRERAS la Pett YORBA LINDA PEGGY HUANG Executive Assistant/Clerk of the Board COUNTYOFORANGE ANDREW DO tep cc: Ms. Cecilia Aguinaga "An Independent Special District Serving Orange County Since 1947" The mission of the Orange County Mosqulta pr pntrol District Is to provide the citizens of Orange County with the highest level of o c Ion fr m vectors and vector-borne diseases. 60A-4 go R'Lq IN • CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: CITY OF SANTA ANA GENERAL CREDIT ANALYSIS & POTENTIAL ECONOMIC UNCERTAINTY RESERVE FUNDING FOR SARTC SCHEDULE {STRATEGIC PLAN NO. 4,2D) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ® As Recommended © As Amended Q Ordinance on 1"Reading © Ordinance on 2ntlReading ® Implementing Resolution Ll Set Public Hearing For,,,_ CONTINUED TO FILE NUMBER Adopt the Credit Analysis Schedule as well as the timeline prior to taking action to fund the Santa Ana Regional Transportation Center improvements using Economic Uncertainty Reserve Funds. Staff will request specific action at a future City Council Meeting to make any changes necessary to the Economic Uncertainty Reserve Fund Policy if credit rating analysis is favorable. DISCUSSION City Credit Rating Analysis & Economic Uncertainty Reserve Fund Schedule for SARTC Funding At the November 3, 2015 City Council meeting, Councilmember Martinez requested that Agenda Item 65A on the Santa Ana Regional Transportation Center (SARTC) maintenance and improvements (Maintenance, Safety/Liability, Tenant space, signage) in the amount of $3,800,000 be re-agendized for a revote. The action before you provides the City Council the opportunity to adopt the timeline and actions necessary to establish a general credit rating for the City as well as outlining the actions necessary in order to use the Economic Uncertainty Reserve Account to fund the necessary improvements at SARTC. The City of Santa Ana has taken dramatic strides to ensure fiscal stability. Beginning with the adoption of the City's Fiscal Policy (Policy), the City established key strategies to ensure ongoing fiscal stability. A key element was the first ever Council adopted five-year forecast in February of 2014. The forecast allowed for a more effective method to project revenues that resulted in the presentation of balanced budgets, more specifically matching ongoing revenues with ongoing expenditures. In addition, with adoption of the City Manager's effort for innovation and efficiency, coupled with growth in the City's top six revenue generating categories (8.8% over the last three 65A-1 City of Santa Ana General Credit Analysis Schedule December 1, 2015 Page 2 years), the City was able to achieve a key objective outlined in the Policy of attaining 20% General Fund Reserves ($40.5 million by June of 2014). During this strong economic period, the City has implemented many positive changes. These changes included the modernization of the City's Utility Users Tax (adopted by 75% of the electorate), the ability to refinance debt which will save $10.5 million in costs and provided $5.9 million in capital for water projects, as well as negotiating the increase of the jail per diem. The increase in revenues has allowed the City to maintain and enhance existing programs and services and absorb the rise of pension costs which has remained at 11% of total general fund expenses. With the many positive attributes the City is experiencing, the positive financial trends provide an opportunity to secure an improved credit rating for the City. As such, on July 7, 2015, staff recommended and Council approved the release for proposals to the four financial advisory firms approved by Council on January 21, 2014. These firms included Public Financial Group (PFM), Fieldman Rolapp & Associates, First Southwest, and Urban Futures, (UFI). On August 5, 2015 the RFP was issued. All four firms responded and were responsive. Fieldman Rolapp & Associates was selected to perform the credit rating analysis. On October 29, 2015, staff met with representatives of Fieldman Rolapp and Associates to review a tentative schedule for the credit analysis development. The following is the tentative schedule: City of Santa Ana Credit Analysis Rating Schedule & Economic Uncertainty Reserve Fund Actions Required to Fund the Santa Ana Regional Transportation Center Weeks of November 9 — 20 City staff will provide unaudited financial information to Fieldman Rolapp & Associates for review and to begin formulating the various positive financial elements to include into the presentation for Standard and Poors. Staff will work with Fieldman Rolapp and Associates to highlight key facilities, and major projects in the Santa Ana Community for presentation inclusion as well. Week of November 23 Draft review of City Credit presentation with City Manager. Week of November 30 Updated draft incorporating changes from draft review. Week of December 7 Review of Audited Financial Statements to ensure no substantive changes since the initial review. Week of December 14 Set date for rating presentation to Standard & Poors. Request local presentation so as to include a City tour. Weeks of December 21-31 Continued review/ holidays Week of January 4, 2016 Finalize Rating presentation Week of January 18, 2016 Rating Presentation to Standard & Poors and City tour. Week of January 25, 2016 Standard & Poors releases credit report for review of facts presented. Week of February 1, 2016 Formal release of credit report and press release. February (Special Meeting)) Presentation of credit rating analysis to Finance Economic Development & Technology (FEDT) Committee and actions required to fund SARTC using the Economic Uncertainty Fund March 1 , 2016 City Council meeting considering actions required to fund SARTC 65A-2 City of Santa Ana General Credit Analysis Schedule December 1, 2015 Page 3 It is anticipated that the City will receive a favorable rating. A favorable rating will allow the City to leverage future dollars at a reduced cost in order to address the many deferred maintenance and infrastructure needs as presented at the August 18, 2015 City Council retreat. In addition, the City will also be requesting a sensitivity analysis as it relates to its current reserve levels. The sensitivity analysis will address not only the City's General Fund Reserve but the Economic Uncertainty Reserve Account as well. The Economic Uncertainty Account was a direct result of the City's ability to meet higher than anticipated General Fund requirements. As stipulated under the City's Fiscal Policy once the City was able to hit the 10% reserve target, it allowed for the funding of an Economic Reserve Account that would be used for negative variations in the City's major revenues. Currently, $3.8 million is assigned to this account. If the sensitivity analysis of the City's current reserve levels is determined to be positive by the rating agency, then this would allow the City Council to designate some (to be determined) one- time funds for high priority projects. The Economic Uncertainty Reserve Account has been identified as a potential source to fund an immediate high priority project. The project currently identified is the Santa Ana Regional Transportation Center (SARTC). SARTC which was constructed in 1985 is a five story facility with 35,000 square feet of rental space including conference rooms. The facility which is a major regional transportation hub has fallen in disrepair and is underutilized. Renovations would allow SARTC to be a highly utilized facility and be viewed as a major gateway to Santa Ana that would support continued efforts to link SARTC with the downtown and adjacent cities. However, in order to utilize the Economic Uncertainty Reserve Account, Council would need to consider and adopt several actions in the future: - Amend the fiscal policy to include language under the Economic Uncertainty Reserve Account to allow for one-time investments in City facilities and projects (majority vote). - Approve an appropriation adjustment assigning funds to SARTC (requires 5 votes). - Approve a replenishment plan for the Economic Uncertainty Reserve Account. Although it is still to be determined, it is anticipated that upon refurbishment of the facility that a portion of newly generated rents would be used to replenish the Economic Uncertainty Reserve Account (requires 5 votes). Upon receipt of the final credit analysis report currently scheduled for the beginning of February, staff will present findings to the FEDT committee. The next scheduled meeting during this period is March 14, 2016. However, staff will consider a special meeting in February. Depending on the FEDT meeting date, City Council consideration would be scheduled for either March 1, 2016 or March 15, 2016. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City's to meet Goal #4 City Financial Stability, Objective #2 (Provide a reliable five-year financial forecast that ensures financial stability in accordance with 65A-3 City of Santa Ana General Credit Analysis Schedule December 1, 2015 Page 4 the strategic plan), Strategy D (Conduct an assessment of the City's financing options to achieve savings. FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance and Management Services Agency 65A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: APPROVE THE BUDGET CALENDAR FOR FISCAL YEAR 2016-17 (STRATEGIC PLAN NO. 4, 1) 1 CITY MA AGER RECOMMENDED ACTION Approve the Budget Calendar for fiscal year 2016-2017. CLERK OF COUNCIL USE ONLY: 0• e ❑ As Recommended ® As Amended ❑ Ordlnance on 1®t Reading ® Ordinance on 2"d Reading ❑ Implamenting Resolution ❑ Set Publlc Hearing For® CONTINUED TO FILE NUMBER DISCUSSION On December 2, 2014, the City Council approved the fiscal year 2015-2016 Budget Calendar (Calendar). The result of this approval was a transparent budget plan which included a successful Trial Budget presentation, five Community Budget meetings with approximately 150 attendees and a Proposed Budget presentation ahead of schedule. In an effort to build on these successes and to meet the adopted Strategic Plan's guiding principles, goals and objectives, the Finance and Management Services Agency in collaboration with the City Manager's Office has developed a Calendar. The Calendar (Exhibit 1) was developed to promote public awareness and transparency in the development of the fiscal year 2016-2017 Budget and Capital Improvement Plan. The Calendar highlights key dates for the Community Budget Outreach and Strategic Plan Updates (per the Sunshine Ordinance), Community Budget and Capital Improvement Program Hearings, and a Work Study Session. The Calendar commences December 1, 2015 and ends with the adoption of the fiscal year 2016-2017 budget tentatively scheduled for June 21, 2016. STRATEGIC PLAN ALGINMENT Approval of this item allows the City to meet Goal #4 City Financial Stability, Objective #1, (Maintain a stable, efficient and transparent financial environment). FISCAL IMPACT There is no fiscal impact associated with this action. Executive Director Finance and Management Services Agency Iu Exhibit: 1.FY2016-2017 Budget Calendar 6513-1 65B-2 City of Santa Ana FY 2016-2017 Budget Calendar December 1, 2015 Present Preliminary Calendar & Process to City Council for Approval February 16, 2016 CIP Update and Outreach Presentation March 31, 2016 Sunshine Ordinance Budget Outreach Meeting Includes Strategic Plan Update and CIP April 19, 2016 . Preliminary FY 15-16 Budget Status • General Fund One -Year Forecast (FY 16-17) and Four Year Projections. • Present City Manager's General Fund Trial Budget • Prelim. Capital Improvement Program (CIP- includes Water & Sewer) to City Council April 2016 Community Budget Hearings Includes Strategic Plan Update April 2016 Preliminary Seven -Year Capital Improvement Program Presentation to Planning Commission May 2 — 16, 2016 City Council one-on-one meetings — Review of Trial Budget and CIP May 17, 2016 City Manager's Proposed FY 16-17 Budget Work -Study Session Includes CIP, Miscellaneous Fees, and Personnel Reso June 7, 2016 Tentative Budget/CIP Ordinance Adoption June 21, 2016 Final Budget/CIP Ordinance Adoption July 1, 2016 Start of the New Fiscal Year L• - Lt m I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: PUBLIC HEARING - ORDINANCE AMENDING CHAPTER 39 OF THE MUNICIPAL CODE TO DEFINE SEWER LATERAL OWNERSHIP (STRATEGIC PLAN NO. 6, 1B) !2 4�( CITY MANAGER RgCQMMgNP99 AC-TIQN CLERIC OF COUNCIL USE ONLY: R.1�J.Z�D1� ❑ As Recommended ❑ As Amended ❑ Ordinance on 1tl1 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For [KQ0YiliR114i1kl(i] FILE NUMBER Adopt an ordinance amending Chapter 39, Article III, of the Santa Ana Municipal Code, pertaining to sewer facilities, to include definitions clarifying sewer facility ownership. DISCUSSION The City Council will consider adoption of an ordinance amending Article III, Sewers, of Chapter 39 of the Santa Ana Municipal Code. The proposed amendments are to establish and define the ownership of sewer facilities. The City owns and maintains a sewer collection system comprised of 390 miles of public sewer main which collects and conveys sewage from over 45,000 sewer laterals. A sewer lateral, as defined by the California Association of Sanitation Agencies, is "the pipe that transports wastewater from a building to the public sewer main in the street." The sewer lateral can be divided into two portions: the upper lateral and the lower lateral. The upper lateral refers to the portion which runs from the building to the property line; the lower lateral runs from the property line to the sewer main. Santa Ana property owners have historically been responsible for constructing and maintaining any sewer lateral serving their property. Prior to 2001, property owners had to bear all expenses relating to repairs of the upper and lower sewer laterals. In 2001, the City adopted an ordinance creating a sewer enterprise fund and a sewer service charge. A portion of funds collected is now used by the City to repair or replace sewer laterals located in the public right-of-way. However, when the ordinance was adopted in 2001, a clear definition of ownership and maintenance responsibilities of the sewer lateral was not included. The California State Water Resources Control Board (SWRCB) regulates sewers in the state, including those owned by the City. However, the SWRCB only requires that local sanitation agencies maintain public sewer mains. There is no statewide program that mandates which party is responsible for sewer laterals on private property. It is common practice for cities with sewer enterprises to codify sewer lateral ownership and responsibilities and a number of neighboring communities have such ordinances, including the cities of Fullerton, Orange, and Huntington Beach. The Santa Ana Municipal Code (SAMC) addresses the topic of water and sewers in Chapter 39. Sewers are specifically detailed in Article III of that chapter. However, 75A-1 Ordinance Amending Chapter 39 of the Municipal Code to Define Sewer Lateral Ownership December 1, 2015 Page 2 the SAMC does not provide definitions for terms used in the sewer chapter, nor does it assign responsibility for ownership and maintenance of the sewer laterals, The ambiguity with regards to ownership and maintenance responsibilities leaves the City susceptible to potential liability resulting from improperly maintained sewer laterals. The proposed ordinance amendments would formally codify that ownership of the entire lateral, both the upper and lower portions, belongs to the property which Is served by the sewer lateral. All sewer laterals shall be maintained by the owner of the property served in a safe and sanitary condition and in good working order, While ownership and maintenance responsibilities of the sewer lateral remain with the property It serves, in accordance with the ordinance adopted In 2001, the City's sewer enterprise will continue to perform the repair or replacement of the lower portion of the sewer lateral, resulting in significant cost savings to property owners. STn RAT5GIC KLAN ALQNMJNT Approval of this Item supports the City's efforts to meet Coal #6 Community Facilities a Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy S (equitably maintain existing streets and associated assets In a state of good repair so they are clean, safe, and aesthetically pleasing for all users), �PLWI IL O. There is no environmental impact associated with this action. FISCAL IMPACT There is no direct fiscal impact associated with this item. t Froo Mousavilpour Exe utive Director Public Works Agency FM/NS/RR Exhibit; 1, Ordinance 75A-2 (KCN 10/19/15) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 39, ARTICLE III OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO SEWER FACILITIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. California Government Code Section 38900 grants authority to a ,.city legislative body" to "construct, establish, and maintain drains and sewers." However, the Government Code does not provide definitions for terms relating to sewer systems. B. The City owns and maintains a sewer collection system comprised of 390 miles of sewer main which collects and conveys sewage from over 45,000 sewer laterals. C. In 2001, the City adopted an Ordinance creating a sewer enterprise fund and sewer service charge; a portion of funds collected is used by City forces to repair or replace sewer laterals located in the public right of way. D. The City of Santa Ana Public Works Agency has historically provided information and guidance explaining that all sections of the sewer system located on private property and underneath public rights of way are the responsibility of the homeowner. E. The City Council has determined that formal codification of terms relating to sewer systems serves to clarify any potential confusion and provide clear guidance to homeowners in regards to ownership and responsibility for maintenance of sewer laterals. Section 2. The adoption of this ordinance is exempt from the California Environmental Quality Act and a Notice of Exemption will be filed if this ordinance is adopted. Ordinance No. NS -XXX Page 1 of 5 Exhibit 1 75A-3 Section 3. Sections 39-47 -- 39-50- Reserved. of the Santa Ana Municipal Code are hereby amended to read as follows (new language underlined, deleted language in strikeout for tracking purposes only): Secs. 39-47--39-60 39-49. - Reserved. Section 4. Section 39-50 is hereby deleted from Chapter 39, Article II of the Santa Ana Municipal Code and added to Chapter 39, Article III. Section 5. Section 39-50 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Section 39-50. - Definitions. (a) SEWER MAIN means the main line sewer, used as a trunk line or major channel of passage for transporting sewage and waste constructed in a street, highway, alley, place or right -or -way dedicated to public use. It shall not include sewer laterals or any portion of them. (b) SEWER LATERAL means that entire connecting sewer line running from sewer main to the private property line and extending to the structure to which it connects. (c) UPPER SEWER LATERAL means that portion of the sewer lateral that extends from the private property line to the structure to which it connects. (d) LOWER SEWER LATERAL means that portion of the sewer lateral that extends from the sewer main to the private property line. Section 6. Section 39-50.1 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Section 39-50.1. - Ownership. The City shall in no way whatsoever be responsible for any damage to persons or property because of any leakage breakage or seepage from, or damage injury or loss caused directly or indirectly by the existence on private premises of any sewer pipe or its appurtenances. A sewer lateral from its connection to a building on the property to its 0oint of connection with the sewer main shall remain the responsibility of the property owner or user with regard to maintenance, repair and upkeep. All sewer laterals to and including the junction of the sewer lateral and the sewer main and so that Ordinance No. NS -XXX Page 2 of 5 75A-4 (KCN 10/19/15) passage, of waste through the lateral to the sewer main is free from stoppage and obstruction: all devices and safeguards which are required by this chapter for the operation thereof shall be maintained in good working order. Section 7. Section 39-50.2 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Section 39-50.2. — Repair by City Forces (a) Repair and maintenance of all sewer mains dedicated to the City shall be the responsibility of the City's sewer enterprise (b) Except as provided herein, repair and maintenance of all privately -owned sewer mains and all lateral lines equipment and appurtenances connected to the City sewer mains shall be the responsibility of the owner/user, and shall meet the requirements contained in Chapter 39 Article III of this Code, (c) the Director of Public Works and so long as funds are available in the sewer enterprise to perform said repair and maintenance in accordance with Resolution NS -2479. Section 8. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 12015 Ordinance No. NS -XXX Page 3 of 5 Miguel A. Pulido Mayor 75A-5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Kyl Nellesen Deity City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No, NS -XXX Page 4 of 5 75A-6 (KCN 10/19/15) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No. NS -XXX Page 5 of 5 Clerk of the Council City of Santa Ana 75A-7 75A-8 REQUEST FON COUNCIL/ HOUSING AUTHORITY ANION C�ii q*TqI<C+3f� L 14441 0tl3NIA DECEMBER 1, 2015 TITLE: AMENDMENT TO JOSEPH HOUSE LOAN AGREEMENT AND AFFORDABLE HOUSING COVENANTS WITH MERCY HOUSE LIVING CENTERS, FORMERLY KNOWN AS MERCY HOUSE TRANSITIONAL LIVING CENTERS (STRATEGIC PLAN NO. 5, 3) CITY MANA. 'ER EXECUTIVE DIRECTOR CITY COUNCIL ACTION ,y CLERK OF COUNCIL USE ONLY: :.�•.• .tri ❑ As Recommended ❑ As Amended ❑ Ordinance on tat Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For X011211 hnr.rr.� FILE NUMBED Authorize the City Manager and the Clerk of the Council to execute an amendment to Joseph House loan agreement and affordable housing covenants with Mercy House Living Centers, formerly known as Mercy House Transitional Living Centers, to include both transitional housing and permanent housing with supportive services for the Joseph House Project located at 210 E. 16th Street, subject to non -substantiative changes approved by the City Manager and City Attorney. HOUSING AUTHORITY ACTION Authorize the Executive Director of the Housing Authority to execute an amendment to Joseph House loan agreement and affordable housing covenants with Mercy House Living Centers, formerly known as Mercy House Transitional Living Centers, to include both transitional housing and permanent housing with supportive services for the Joseph House Project located at 210 E. 16th Street, subject to non -substantiative changes approved by the Executive Director and the Housing Authority General Council. DISCUSSION On April 11, 2006, the City of Santa Ana and the former Community Redevelopment Agency of the City of Santa Ana (RDA) entered into a Housing Development Loan Agreement and Affordable Housing Covenants with Mercy House Transitional Living Centers (Mercy House) for the rehabilitation of the Joseph House Project located at 210 E. 16th Street. Mercy House has operated Joseph House as a transitional housing program for homeless single men within the community since 1990. At the time of the loan agreement in 2006, the City provided HOME Investment Partnership Program (HOME Program) and RDA tax increment funds for the 80A-1 Amendment to Joseph House Loan Agreement and Affordable Housing Covenants December 1, 2015 Page 2 rehabilitation of the property. At the time of committing HOME funds, the HOME Program allowed funds to be used for transitional housing. In accordance with the loan agreement and funding regulations, the City has continued to monitor Joseph House to ensure compliance with the loan documents, regulations, and affordable housing covenants. Due to funding and policy changes at the federal level, Mercy House is proposing to modify the Joseph House transitional housing program to become a dual-purpose facility offering both transitional housing and permanent housing with supportive services for single, homeless men from the community. Currently, Joseph House has three units providing transitional housing to 21 homeless, single men at a time. In September 2015, Mercy House submitted a plan for Joseph House outlining the proposed program modification and implementation of the strategy (Exhibit 1). The proposed program modification from a transitional shelter to a dual-purpose model will include the following: (1) transition two units of transitional housing into permanent housing with supportive services, offering low rental costs in compliance with HOME low rents to meet the needs of low-income homeless individuals in the community; (2) one unit will continue to operate as a transitional housing program; and (3) leverage rapid re -housing funds to reduce the length of time clients stay at the shelter with the goal of connecting them to permanent affordable housing opportunities. The proposed program modifications would require minor rehabilitation to the physical property and require no additional funds from the City. STRATEGIC PLAN ALIGNMENT The activities covered by this report allow the City to meet Goal #5 (Community Health, Livability, Engagement & Sustainability), Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this action. Kelly Reenders Executive Director Community Development Agency KL/JB/NV/II Exhibits: 1. Joseph House Proposed Modification Plan/Implementation 2. Amendment to Loan Documents 80A-2 Executive Summary Mercy House Living Centers is a 501(c)(3) non-profit organization operating in Orange County. Mercy House was founded in 1988 by Father Jerome T. Karcher with a vision to serve the homeless in our community. In the belief that every person is born with an inherent human dignity, and that homelessness is an affront to that dignity, our mission "to be a leader in ending homelessness by providing a unique system of dignified housing opportunities, programs and supportive services" drives all that we do. Mercy House was quickly grown from a single shelter serving 10 single men, to a full system of care designed to meet the needs of the homeless at all stages of their struggle. In the past year, Mercy House provided services to over 6,400 of our community's most vulnerable men, women, and children. Though our services have expanded and changed, our mission and reason for existence remains the same: to end the homelessness of all who enter our system of care. Organization Summary Mercy House Living Centers ("Mercy House") is a non-profit organization serving the homeless throughout Orange County, San Bernardino County, Riverside County, and Phoenix, Arizona. The non- profit was incorporated in 1988 and began operations of our first transitional shelter program in 1990. We have continued to successfully provide homeless service programs for over 25 years. In this time, we have created a complete system of care based on a blend of continuum of care and housing first models of ending homelessness. Our programs include homelessness prevention, emergency services and shelters, transitional housing, aftercare programs, rapid re -housing programs as well as permanent housing facilities. Because of the wide variety of services we provide, Mercy House staff have worked closely with many homeless subpopulations including, but not limited to: homeless families, adult men and women, veterans, women with children, chronically homeless individuals, persons living with HIV/AIDS, individuals overcoming substance abuse, and those who are physically and mentally disabled. Mission Mission Statement: To be a leader in ending homelessness by providing a unique system of dignified housing opportunities, programs and supportive services. Operational Statement: To end the cycle of homelessness of those who enter our system of care. 2014-2015 Statistics • Mercy House prevented or ended the homelessness of 816 men, women, and children • Mercy House provided transitional housing to 218 individuals, successfully transitioning 70 of them into stable, permanent housing E i1 • Mercy House's ongoing supportive housing programs were able to provide housing to 236 unduplicated individuals • Mercy House served 4,852 homeless individuals through our Emergency Services programs including 536 parents and children through our Family Redirection Program Legal Entity Mercy House is a non profit 501(c)(3) organization founded in 1988 by Father Jerome T. Karcher, Mercy House has developed a continuum of care of provide homeless prevention, emergency shelter and services, transitional housing, and permanent housing with supportive services to homeless men, women, and children living in Orange County, San Bernardino County, Riverside County, and Phoenix, Arizona. Tax ID: 33-0315864 Until 2009, Mercy House was known as Mercy House Transitional Living Centers. With the development of the Rapid Re -Housing Program and the Family Redirection Program, it became clear that permanent housing had emerged as a more viable solution to ending homelessness for many clients. On February 6, 2009, Mercy House changed its name to Mercy House Living Centers. Keys to Organizational Success • Build and leverage strong, active board of directors. • Only engage in projects and services that support identified primary strategic programs • Continue to design and implement strict financial controls and accountability • Align programs and services to national best practices to ensure effective service, delivery, better housing outcomes and increased cost effectiveness. Orange County Housing Challenges According to the Orange County Community Indicators Report (2015), the following present key indicators of homelessness and housing stability challenges for Orange County residents: Rental Affordability In 2015, the hourly wage needed to afford a one -bedroom unit in Orange County was $24.67, equivalent to an annual income of $51,320. This is down from $25.35 in 2014 and lower than the five-year average of $25.38. Workers earning above minimum wage, but below the Housing Wage of $24.67 may experience increased economic insecurity as a larger proportion of the earnings must go toward housing. A minimum -wage worker must work 110 hours per week to afford a one -bedroom unit at fair market rent in Orange County. • I M ORANGE COU"TY'S HOUSJNG WAGE 15 HIGH COMPARED TO PEERS' Homeless Point -in -Time Count MINIMUM WAGE EARNER MUST WORK 110 HOU'6tS PER WEEK TO AFFORD RENT' The Homeless Point -in -Time Count and Survey is conducted every two years during the last part of January. The 2015 Point -in -Time Count revealed that the number of unsheltered homeless individuals increased since the 2013 count. A total of 2,201 unsheltered homeless individuals were found to be living on the streets of Orange County compared to the 1,678 individuals counted in 2013. This represents a 5% increase compared to the 2013 count. Of these 2,201 unsheltered individuals, a large majority (71%) are single, adult men. Though single, adult men are overrepresented in the unsheltered homeless count, they have little access to transitional shelters, emergency shelters, and permanent supportive housing programs that are often designed to meet the needs of families, single women with children, those who have experienced domestic violence, the chronically homeless, or those living with HIV/AIDS. • R M Mercy House first began operation of the Joseph House Transitional Shelter Program in 1990. It was designed to meet the needs of 10 homeless, single men within the community. Since that time, Joseph House rapidly expanded to provide shelter and supportive services to 21 homeless single men. Though homeless single men have consistently been overrepresented in Orange County Homeless Point - in -Time counts, the services available to them have not been able to meet their large numbers. As homeless services continue to grow and adapt to the needs of specific subpopulations including homeless families, the chronically homeless, individuals facing domestic violence and veterans, there continues to be a lack of services designed specifically for single, homeless men. As such, Mercy House made the strategic discussion to modify its current shelter stock to modify the Joseph House transitional program to provide both transitional housing and permanent housing with supportive services for single, homeless men within our community. Joseph House currently has three units, providing transitional shelter to 21 homeless, single men at a time. In repurposing from a transitional shelter to a dual-purpose model, Mercy House will undergo the following key program modifications: • Transition two units of transitional housing into permanent housing with supportive services, offering low rental costs to meet the needs of the low-income homeless men in our community • One unit will continue to operate as a transitional shelter program • Leverage rapid re -housing funds with the aim to reduce the length of time clients stay at the shelter with a goal of connecting them to housing opportunities Structure and Location Joseph House is located in the city of Santa Ana in the French Park neighborhood. Mercy House owns three properties in the same neighborhood and has been an active participant in the community since 1990. The Joseph House property has access to grocery stores, restaurants and public transportation. The property is comprised of four units, three of which are used for transitional housing. The three transitional housing units are 2 -bedroom units with adequate cooking and hygiene facilities. Zoning and Uses Mercy House is currently operating Joseph House under a Conditional Use Permit that allows the housing of homeless single men. Rehabilitation for Use as a Dual -Purpose Facility The Joseph House facility would require little rehabilitation to transition to a dual-purpose facility. The property could benefit from some additional minor repairs, but is in good condition and is ready to immediately serve single men in transitional and permanent housing. Strategy and Program Implementation Strategies for Sustainability and Leveraging Mercy House has consistently funded the operations of Joseph House as a transitional shelter for over 25 years and as such has garnered a variety of both public and private resources to support the project. In moving to a dual-purpose facility, Mercy House will effectively communicate the programmatic changes to these partners to ensure continued support of the project. As part of its resource development strategies, Mercy House is engaged in ongoing funding research that replaces, supplants or provides new funding opportunities. On-going Maintenance of the Facility Mercy House has on staff Maintenance Managers who are in charge of regular maintenance and repair of Mercy House's facilities including the Joseph House Facility. Additionally, Mercy House has connections to a network of professional service volunteers who provide pro-bono services such as plumbing, electrical and landscaping as needs should arise. Volunteer groups will be recruited to support facility beautification projects that include upgrades to the facility grounds and gardens, interior furniture replacement as well as interior and exterior painting projects. Mercy House also allocates a percentage of funding as replacement reserves that may be used for special projects to improve the facility, regular maintenance and replacement of furniture as needed. Programmatic Strategies and Outcomes The Joseph House Program will be designed as a dual-purpose facility. One of the three units will continue to provide temporary housing through a transitional shelter program to 7 single men at a time. Two of three units will provide permanent housing for 10 single men. Every participant in the Joseph House transitional and permanent housing program will be required to meet the definition of homelessness as set forth by HUD and will be required to be under 80% Area Median Income at time of entry and throughout their stay. Definition of Homelessness All clients receiving services through the Joseph House Transitional and Permanent Housing Program will be required to be homeless as defined by the HEARTH Act's Final Rule Defining Homelessness (76 FR 75994) published on December 5, 2011. Category 1— Literal Homelessness (1) Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: (i) 80A-7 Has a primary nighttime residence that is a public or private place not meant for human habitation; (ii) Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state and local government programs); or (iii) Is exiting an institution where (s)he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution Transitional housing for homeless persons who originally came from the streets or emergency shelters. Category 2 — Imminent Risk of Homelessness (2) Individual or family who will imminently lose their primary nighttime residence, provided that: (i) Residence will be lost within 14 days of the date of application for homeless assistance; (ii) No subsequent residence has been identified; and (iii) The individual or family lacks the resources or support networks needed to obtain other permanent housing. Category 3 — Homeless Under Other Statutes (3) Unaccompanied youth under 25 years of age, or families with Category 3 children and youth, who do not otherwise qualify as homeless under this definition, but who: (i) Are defined as homeless under the other listed federal statutes; (ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application; (iii) Have experienced persistent instability as measured by two moves or more during in the preceding 60 days; and (iv) Can be expected to continue in such status for an extended period of time due to special needs or barriers Joseph House Transitional Housing Program One unit of the Joseph House facility will continue to provide temporary housing to single men through a transitional shelter program. Participants will be required to participate in supportive services including case management and life skills classes that focus on employment and permanent housing location. The targeted outcome for each participant will be long-term stable housing. At the point of entry, an assessment will be completed to identify every barrier to housing stability. The identified barriers will be addressed through goal setting and accountability under the care and guidance under Mercy House staff. Rapid Re -Housing funds will be leveraged to assist individuals in exiting the program and entering permanent, stable housing as quickly as possible. The anticipated goals for the Transitional Housing Program are: 1) To shorten length of stay to increase bed turnover 2) Connect single men to available housing resources 3) Secure housing within the community In orderto achieve these goals, Mercy House will employ the following strategies: 1) Seek training opportunities for program staff that provide best practice research on shortening lengths of stay FORM 2) leverage and connect Mercy House's own rapid re -housing funds, Section 8, and other housing resources to provide support supportive services to single men 3) Increase Housing Search and Placement staffing and services to increase number of property and landlord relationships within the community. Create strategic partnerships with other service providers; advocate and support efforts for lower barriers of entry into transitional and other long-term programs The transitional component of Joseph House will provide services to 25 single, homeless men annually Joseph House Permanent Housing Program The Joseph House Permanent Housing Program will be designed to provide low-income permanent housing with supportive services to 10 homeless, single men. Two units will be converted to permanent housing. Each unit has two bedrooms. One will bedroom in each unit will house 4 single men in permanent housing; the remaining bedroom will house 1 single homeless man. Bedrooms will not have private bathrooms. Each unit offers a communal kitchen, dining area, and living area with shared bathrooms. Mercy House staff will be available to provide required supportive services include case management and life skills classes as well as emergency and maintenance assistance. The targeted outcome for each individual will be long-term, stable housing. Each client will be provided with case management to identify barriers to permanent housing, with the ultimate goal being stable housing for each individual, whether that is through our permanent housing programs, or permanent housing outside of Mercy House's Continuum of Care. Eligibility for Admission To be eligible for admission to the Joseph House Permanent Housing Program, an applicant must be documented and of legal age (18 years of age or older). Applicants must be single men and homeless or at risk of homelessness and be willing to live in a shared space facility. All applicants will be considered individually. Applicants will be considered when they complete the application packet and the following criteria are met: 1) Applicant can exhibit documentation confirm homeless status 2) Applicant's verified minimum monthly gross income is $100 overthe amount of resident's rent payment. 3) Household's annual income does not exceed the low-income limits (80% of area median income) as established by HUD. 4) Household income is such that applicant can satisfactorily meet their debt obligations without subtracting from other necessary living expenses. This includes payment of rent, current debt payments and basic necessities. 5) No eviction history for a period of 2 years prior to entry 6) No history of criminal convictions for sex offenses, violent crimes and distribution of drugs. No outstanding felony warrants. 7) No record of disturbance of neighbors, damage to or destruction of property, living or housekeeping habits at prior residences, which adversely affects the health, safety or welfare of other tenants. 8) Willing and able to live cooperatively in a communal living situation and abide by the policies outlined in the Joseph House Rules of Occupancy and Rental Agreement addendums. 9) Willing to participate in the Supportive Services Program provided by Mercy House. 10) Actively work with a Mercy House case manager to create and implement a housing stabilization plan. 11) Willing to participate in annual recertification meetings to verify income and continued eligibility. Residents for the Joseph House Permanent Supportive Housing Program will be selected based on their eligibility as well as their need for low-income housing and The statutory purpose in leasing a socially and financially sound housing development, which provides not only a decent home and suitable living environment, but fosters economic and social diversity in the tenant body as a whole. FOODINUI 80A-11 FIRST AMENDMENT TO HOUSING DEVELOPMENT LOAN AGREEMENT AND AFFORDABLE HOUSING COVENANTS THIS FIRST AMENDMENT TO HOUSING DEVELOPMENT LOAN AGREEMENT AND AFFORDABLE HOUSING COVENANTS, made and entered into this I" clay of December, 2015, by and between MERCY HOUSE LIVING CENTERS, formerly imown as MERCY HOUSING TRANSITIONAL LIVING CENTERS, a California non-profit public benefit corporation ("Developer"), the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and the Housing Authority of the City of Santa Ana acting as the Successor Housing Agency to the Community Redevelopment Agency of the City of Santa Ana ("Successor Housing Agency"). RECITALS A. The City and Successor Housing Agency entered into a Housing. Development Loan Agreement and Affordable Housing Covenants with Developer, dated April 11, 2006, to provide financial assistance from Redevelopment funds and the United States Department of Housing and Urban Development ("HUD") under the HOME Investment Partnership Program ("HOME Program") for the rehabilitation of the Joseph House Project located at 210 East Sixteenth Street, Santa Ana, for the operation of a transitional living center for homeless, single men ("said Agreement"). B. Due to funding and policy changes at the federal level, Developer is proposing to modify the Joseph House transitional housing program to become a dual-purpose facility offering both transitional housing and permanent housing with supportive services for single, homeless men from the community. The proposed program modification from a transitional shelter to a dual-purpose model will include the following: (1) Transition two units of transitional housing into permanent housing with supportive services, offering low rental costs in compliance with HOME low rents to meet the needs of low-hncome homeless men in the community; (2) One unit will continue to operate as a transitional housing program; and (3) Leverage rapid re -housing funds to reduce the length of time clients stay at the shelter with the goal of connecting them to permanent affordable housing opporttmitics. C. In accordance with the terns and conditions of said Agreement, the Parties desire to amend said Agreement to allow the operation of permanent housing with supportive services in addition to transitional housing, NOW THEREFORE, 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, except as herein modified, the parties agree as follows: 1. Section 1,1, Defined Terms, the first sentence of the definition of "Property" shall be amended in pertinent part to read as follows: `.i' The Property is located in the City of Santa Ana, and is used as a dual-purpose facility offering both transitional housing and permanent housing with supportive services for single, homeless men from the community, Section 5.4, Other Terns and Conditions of Loan, subsection (5) shall be amended to read as follows: "failure of Developer or a subsequent owner to use the Property for the purpose of transitional housing or permanent housing with supportive services. 3. Section 7.1, Use and Maintenance of the Property, subsection (B) shall be amended to read as follows: "Use the Property as a dual-purpose facility offering both transitional housing and permanent housing with supportive services for single, homeless men from the community, as detailed in the Developer's Plan attached hereto as Exhibit A and incorporated herein by this reference." 4. 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 said Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: CITY OF SANTA ANA DAVID CAVAZOS City Manager HOUSING AUTHORITY OF THE CITY OF SANTA ANA KELLY REENDERS Executive Director -- Housing Authority DEVELOPER MERCY HOUSE LIVING CENTERS EXHIBIT A DUAL PURPOSE FACILITY PLAN • l . Executive Summary Mercy House Living Centers is a 501(c)(3) non-profit organization operating in Orange County. Mercy House was founded in 1988 by Father Jerome T. Karcher with a vision to serve the homeless in our community. In the belief that every person is born with an inherent human dignity, and that homelessness is an affront to that dignity, our mission "to be a leader in ending homelessness by providing a unique system of dignified housing opportunities, programs and supportive services" drives all that we do. Mercy House was quickly grown from a single shelter serving 10 single men, to a full system of care designed to meet the needs of the homeless at all stages of their struggle. In the past year, Mercy House provided services to over 6,400 of our community's most vulnerable men, women, and children. Though our services have expanded and changed, our mission and reason for existence remains the same: to end the homelessness of all who enter our system of care. Organization Summary Mercy House Living Centers ("Mercy House") is a non-profit organization serving the homeless throughout Orange County, San Bernardino County, Riverside County, and Phoenix, Arizona. The non- profit was incorporated in 1988 and began operations of our first transitional shelter program in 1990. We have continued to successfully provide homeless service programs for over 25 years. In this time, we have created a complete system of care based on a blend of continuum of care and housing first models of ending homelessness. Our programs include homelessness prevention, emergency services and shelters, transitional housing, aftercare programs, rapid re -housing programs as well as permanent housing facilities. Because of the wide variety of services we provide, Mercy House staff have worked closely with many homeless subpopulations including, but not limited to: homeless families, adult men and women, veterans, women with children, chronically homeless individuals, persons living with HIV/AIDS, individuals overcoming substance abuse, and those who are physically and mentally disabled. Mission Mission Statement: To be a leader in ending homelessness by providing a unique system of dignified housing opportunities, programs and supportive services. Operational Statement: To end the cycle of homelessness of those who enter our system of care. 2014-2015 Statistics • Mercy House prevented or ended the homelessness of 816 men, women, and children • Mercy House provided transitional housing to 218 individuals, successfully transitioning 70 of them into stable, permanent housing Mercy House's ongoing supportive housing programs were able to provide housing to 236 unduplicated individuals Mercy House served 4,852 homeless individuals through our Emergency Services programs including 536 parents and children through our Family Redirection Program Legal Entity Mercy House is a non profit 501(c)(3) organization founded in 1988 by Father Jerome T. Karcher. Mercy House has developed a continuum of care of provide homeless prevention, emergency shelter and services, transitional housing, and permanent housing with supportive services to homeless men, women, and children living in Orange County, San Bernardino County, Riverside County, and Phoenix, Arizona. Tax ID: 33-0315864 Until 2009, Mercy House was known as Mercy House Transitional Living Centers. With the development of the Rapid Re -Housing Program and the Family Redirection Program, it became clear that permanent housing had emerged as a more viable solution to ending homelessness for many clients. On February 6, 2009, Mercy House changed its name to Mercy House Living Centers. Keys to Organizational Success • Build and leverage strong, active board of directors. • Only engage in projects and services that support identified primary strategic programs • Continue to design and implement strict financial controls and accountability • Align programs and services to national best practices to ensure effective service, delivery, better housing outcomes and increased cost effectiveness. Orange County Housing Challenges According to the Orange County Community Indicators Report (2015), the following present I<ey indicators of homelessness and housing stability challenges for Orange County residents: Rental Affordability In 2015, the hourly wage needed to afford a one -bedroom unit in Orange County was $24.67, equivalent to an annual income of $51,320. This is down from $25.35 in 2014 and lower than the five-year average of $25.38. Workers earning above minimum wage, but below the Housing Wage of $24.67 may experience increased economic insecurity as a larger proportion of the earnings must go toward housing. A minimum -wage worker must work 110 hours per week to afford a one -bedroom unit at fair market rent in Orange County. ORANGE COUNTYS HOUSING WAGE 15 HIGH COMPARED TO PEERS' $30 D Homeless Point -in -Time Count MINIMUM WAGE EARNER MUST WORK 110 HOURS PER WEEK TO AFFORD RENT' M4 soft fAli2 MAkKET RENTiMONFKLYj �aE1�tDIiDcri+. �1,$1z atr�s awestciRODM 31,044 $tG04 F1IIEEE DEkFlODtO SZ300 58.250 AMOUNT A"MB WDIAWItAtNA # 416 $ #QS MTMUKWAfttAKN" 0NAFFDRD TO FAY IN RENTMNTHLY) - w110 - NUMBEROF HOLASPLA 9Yt£KA 126 MftMl WAL%EEANEPMU5T waFl3 V)Al FOMA0NF,aEANQM APART4ENT The Homeless Point -in -Time Count and Survey is conducted every two years during the last part of January. The 2015 Point -in -Time Count revealed that the number of unsheltered homeless individuals increased since the 2013 count. A total of 2,201 unsheltered homeless individuals were found to be living on the streets of Orange County compared to the 1,678 individuals counted in 2013, This represents a 5% increase compared to the 2013 count. Of these 2,201 unsheltered individuals, a large majority (71%) are single, adult men. Though single, adult men are overrepresented in the unsheltered homeless count, they have little access to transitional shelters, emergency shelters, and permanent supportive housing programs that are often designed to meet the needs of families, single women with children, those who have experienced domestic violence, the chronically homeless, orthose living with HIV/AIDS. 80A-17 Joseph House Program Mercy House first began operation of the Joseph House Transitional Shelter Program in 1990. It was designed to meet the needs of 10 homeless, single men within the community. Since that time, Joseph House rapidly expanded to provide shelter and supportive services to 21 homeless single men. Though homeless single men have consistently been overrepresented in Orange County Homeless Point - in -Time counts, the services available to them have not been able to meet their large numbers. As homeless services continue to grow and adapt to the needs of specific subpopulations including homeless families, the chronically homeless, individuals facing domestic violence and veterans, there continues to be a lack of services designed specifically for single, homeless men. As such, Mercy House made the strategic discussion to modify its current shelter stock to modify the Joseph House transitional program to provide both transitional housing and permanent housing with supportive services for single, homeless men within our community. Joseph House currently has three units, providing transitional shelter to 21 homeless, single men at a time. In repurposing from a transitional shelter to a dual-purpose model, Mercy House will undergo the following key program modifications: • Transition two units of transitional housing into permanent housing with supportive services, offering low rental costs to meet the needs of the low-income homeless men in our community • One unit will continue to operate as a transitional shelter program • Leverage rapid re -housing funds with the aim to reduce the length of time clients stay at the shelter with a goal of connecting them to housing opportunities Structure and Location Joseph House is located in the city of Santa Ana in the French Park neighborhood, Mercy House owns three properties in the same neighborhood and has been an active participant in the community since 1990. The Joseph House property has access to grocery stores, restaurants and public transportation. The property is comprised of four units, three of which are used for transitional housing. The three transitional housing units are 2 -bedroom units with adequate cooking and hygiene facilities. Zoning and Uses Mercy House is currently operating Joseph House under a Conditional Use Permit that allows the housing of homeless single men. Rehabilitation for Use as a Dual -Purpose Facility The Joseph House facility would require little rehabilitation to transition to a dual-purpose facility. The property could benefit from some additional minor repairs, but is in good condition and is ready to immediately serve single men in transitional and permanent housing. and Program Implementation Strategies for Sustainability and leveraging Mercy House has consistently funded the operations of Joseph House as a transitional shelter for over 25 years and as such has garnered a variety of both public and private resources to support the project. In moving to a dual-purpose facility, Mercy House will effectively communicate the programmatic changes to these partners to ensure continued support of the project. As part of its resource development strategies, Mercy House is engaged in ongoing funding research that replaces, supplants or provides new funding opportunities. On-going Maintenance of the Facility Mercy House has on staff Maintenance Managers who are in charge of regular maintenance and repair of Mercy House's facilities including the Joseph House Facility. Additionally, Mercy House has connections to a network of professional service volunteers who provide pro-bono services such as plumbing, electrical and landscaping as needs should arise. Volunteer groups will be recruited to support facility beautification projects that include upgrades to the facility grounds and gardens, interior furniture replacement as well as interior and exterior painting projects. Mercy House also allocates a percentage of funding as replacement reserves that may be used for special projects to improve the facility, regular maintenance and replacement of furniture as needed. Programmatic Strategies and Outcomes The Joseph House Program will be designed as a dual-purpose facility. One of the three units will continue to provide temporary housing through a transitional shelter program to 7 single men at a time. Two of three units will provide permanent housing for 10 single men. Every participant in the Joseph House transitional and permanent housing program will be required to meet the definition of homelessness as set forth by HUD and will be required to be under 80% Area Median Income at time of entry and throughout their stay. Definition of Homelessness All clients receiving services through the Joseph House Transitional and Permanent Housing Program will be required to be homeless as defined by the HEARTH Act's Final Rule Defining Homelessness (76 FR 75994) published on December 5, 2011. Category 1 — Literal Homelessness (1) Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: (i) Has a primary nighttime residence that is a public or private place not meant for human habitation; (II) Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state and local government programs); or (iii) Is exiting an institution where (s)he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that Institution Transitional housing for homeless persons who originally came from the streets or emergency shelters. Category2 --Imminent Risk of Homelessness (2) Individual or family who will imminently lose their primary nighttime residence, provided that: (i) Residence will be lost within 14 days of the date of application for homeless assistance; (ii) No subsequent residence has been identified; and (Iii) The individual orfamily lacks the resources or support networks needed to obtain other permanent housing. Category 3 — Homeless Under Other Statutes (3) Unaccompanled youth under 25 years of age, or families with Category 3 children and youth, who do not otherwise qualify as homeless under this definition, but who: (i) Are defined as homeless under the other listed federal statutes; (ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days priorto the homeless assistance application; (iii) Have experienced persistent instability as measured by two moves or more during in the preceding 60 days; and (iv) Can be expected to continue in such status for an extended period of time due to special needs or barriers Joseph House Transitional Housing Program One unit of the Joseph House facility will continue to provide temporary housing to single men through a transitional shelter program. Participants will be required to participate in supportive services including case management and life skills classes that focus on employment and permanent housing location. The targeted outcome for each participant will be long-term stable housing. At the point of entry, an assessment will be completed to identify every barrier to housing stability. The Identified barriers will be addressed through goal setting and accountability under the care and guidance under Mercy House staff. Rapid Re -Housing funds will be leveraged to assist individuals in exiting the program and entering permanent, stable housing as quickly as possible. The anticipated goals for the Transitional Housing Program are: 1) To shorten length of stay to increase bed turnover 2) Connect single men to available housing resources 3) Secure housing within the community In order to achieve these goals, Mercy House will employ the following strategies; 1) Seek training opportunities for program staff that provide best practice research on shortening lengths of stay Fi 2) Leverage and connect Mercy House's own rapid re -housing funds, Section 8, and other housing resources to provide support supportive services to single men 3) Increase Housing Search and Placement staffing and services to increase number of property and landlord relationships within the community. Create strategic partnerships with other service providers; advocate and support efforts for lower barriers of entry into transitional and other long-term programs The transitional component of Joseph House will provide services to 25 single, homeless men annually, Joseph House Permanent Housing Program The Joseph House Permanent Housing Program will be designed to provide low-income permanent housing with supportive services to 10 homeless, single men. Two units will be converted to permanent housing. Each unit has two bedrooms. One will bedroom in each unit will house 4 single men in permanent housing; the remaining bedroom will house 1 single homeless man. Bedrooms will not have private bathrooms. Each unit offers a communal kitchen, dining area, and living area with shared bathrooms. Mercy House staff will be available to provide required supportive services include case management and life skills classes as well as emergency and maintenance assistance. The targeted outcome for each individual will be long-term, stable housing. Each client will be provided with case management to identify barriers to permanent housing, with the ultimate goal being stable housing for each individual, whether that is through our permanent housing programs, or permanent housing outside of Mercy House's Continuum of Care. Eligibility for Admission To be eligible for admission to the Joseph House Permanent Housing Program, an applicant must be documented and of legal age (18 years of age or older). Applicants must be single men and homeless or at risk of homelessness and be willing to live in a shared space facility. All applicants will be considered individually. Applicants will be considered when they complete the application packet and the following criteria are met: J.) Applicant can exhibit documentation confirm homeless status 2) Applicant's verified minimum monthly gross income is $100 over the amount of resident's rent payment. 3) Household's annual income does not exceed the low-income limits (80% of area median income) as established by HUD. 4) Household income is such that applicant can satisfactorily meet their debt obligations without subtracting from other necessary living expenses. This includes payment of rent, current debt payments and basic necessities. 5) No eviction history for a period of 2 years prior to entry 6) No history of criminal convictions for sex offenses, violent crimes and distribution of drugs. No outstanding felony warrants. 80A-21 7) No record of disturbance of neighbors, damage to or destruction of property, living or housekeeping habits at prior residences, which adversely affects the health, safety or welfare of othertenants. 8) Willing and able to live cooperatively in a communal living situation and abide by the policies outlined in the Joseph House Rules of Occupancy and Rental Agreement addendums. 9) Willing to participate in the Supportive Services Program provided by Mercy House. 10) Actively work with a Mercy House case manager to create and implement a housing stabilization plan. 11) Willing to participate in annual recertification meetings to verify income and continued eligibility. Residents for the Joseph House Permanent Supportive Housing Program will be selected based on their eligibility as well as their need for low-income housing and The statutory purpose in leasing a socially and financially sound housing development, which provides not only a decent home and suitable living environment, but fosters economic and social diversity in the tenant body as a whole. 80A-22