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HomeMy WebLinkAbout FULL PACKET_2008-11-17SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting August 26, 2008 CALL TO ORDER The meeting was convened at 5:40 p.m. at the Santa Ana Police Department, 60 Civic Center Plaza, 4th Floor Conference Room, Santa Ana, California. ATTENDANCE Council members present: Claudia Alvarez, David Benavides and Sal Tinajero Staff present: Assistant City Attorney Paula Coleman, Deputy Fire Chief Steve Critchfield, Police Chief Paul Walters, Jail Administrator Russ Davis, Police Commander Dave Jones, and Recording Secretary Janet Chop. Public Sign-ins: Rene Guzman, Ava Steaffens, Laura Morfin, Don and Sheila Harrelson, Glen Stroud, and Santa Ana Insight.com. SUMMARY OF DISCUSSIONS 1. APPROVAL OF MINUTES Approved Minutes of the July 22, 2008 meeting. 2. EPIC COMMISSION 2008 PROGRESS REPORT RECOMMENDATIONS Laura Morfin, Epic Commission Chair, reviewed recommendations and conclusions from the EPIC Commission's Progress Report to the City Council and answered questions from the Committee members. She also talked about a City-wide workshop scheduled for January 17, 2009 for the purpose of improving and mobilizing community participation. Committee member Alvarez stated that she would like to see a budget and plan for the workshop. 3. OTHER AGENCY RELEASE OF PRISONERS Jail Administrator Russ Davis reviewed the practices of the Orange County Jail facilities regarding their release of prisoners. The Sheriff's policy on release of inmates has not changed in many years. With the exception of the Musick Facility, inmates are released from whatever facility they happen to be housed in when it comes time for their release. Per a long standing agreement with Irvine, inmates housed in the Musick facility are transported to the IRC and processed for release there, with no consideration for what city they were arrested in or where they reside. Mr. Davis will investigate this agreement. Paula Coleman will make a Public Records Request for any documents that may exist on the release of prisoners. 13A-1 2 4. OPERATION RESTORE PEACE UPDATE Commander Dave Jones reviewed Operation Restore Peace, which was a three- day operation that took place on August 19-21, 2008. The operation was a proactive anti-gang enforcement and education program involving the Santa Ana Police Department, ICE, State Parole, and Orange County Probation. It was also the first operation where faith-based organizations participated in contacting the residents in the area. The three-day operation was a tremendous success and received strong support from the community. Officers were deployed in the target area between First Street, Warner Avenue, Flower Street and the Santa Ana Riverbed. Overall, 85 arrests were made for various offenses and over 700 citizens contacted with educational information. Committee members asked questions about the operation and congratulated the Department for the successful operation and positive media coverage. 5. PUBLIC COMMENTS Citizens present spoke and also had questions regarding the EPIC Commission report, the release of juvenile inmates into the community and Operation Restore Peace. 6. COMMITTEE MEMBER COMMENTS Member Benavides commented on the EPIC Commission's Report stating that the full report is posted on the City's website. He also stated that the Townsend Street fair was a great way to celebrate Operation Restore Peace. Member Tinajero thanked the EPIC Commission for the report and commended the Operation. 7. ITEMS FOR NEXT MEETING A. Students Loitering in Neighborhoods around Fundamental Schools B. Release of Prisoners from the Musick Facility C. Downtown Area and Parking Structure Safety Issues 8. NEXT MEETING DATE: Police Facility, 60 Civic California. ADJOURNMENT: 6:30 p.m. (IL"_ PAUL M. WALTERS Chief of Police jc Tuesday, Se?tember 23, 2008, 5:30 pm, Santa Ana Center Plaza, 4t Floor conference room, Santa Ana, 13A-2 MEMORANDUM City Council Meeting Date: November 17, 2008 Cathy Stan iford To: AssistantXiy Manager J s . Ross, Executive Director From: ubli Works Aaencv 00 Date: October 30, 2008 Subj ct: N ification that City Engineer is Reviewing Final Parcel Map No. 2002-144 for pproval Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Parcel Map No. 2002-144 (City Parcel Map No. 2005-09), for 606 South Euclid Street (Exhibit 1), from the owner, Tu Van Nguyen, and is in the process of reviewing the map for final approval. The Tentative Parcel Map No. 2005-09 was approved by the City Council on September 19, 2005. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of November 17, 2008. cc: Mayor and City Council City Manager Deputy City Manager for Development Services Clerk of the Council TADevelopment Services\Subdivision\Memos\FinalParcelMap2002-144Review Notice_10_30_081L.doc 17A-1 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: November 17, 2008 TITLE: HEARING OFFICER'S REPORT RECObMNDATION RELATED TO VICIOUS DOG DECLARATION tJ?? CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1:t Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Receive and File appeal of Santa Ana Police Department's vicious dog determination as the appellant has agreed to withdraw his appeal. DISCUSSION On July 10, 2008, Daniel Miller's appeal of a determination by the Santa Ana Animal Control Officer of a vicious dog was received in the Clerk's Office. The Santa Ana Municipal Code assigns responsibility to the Clerk of the Council for setting the appeal hearing, giving proper notice, and following through with subsequent procedures. The hearing on this matter was conducted on May 14, 2008, and the report of the hearing officer was filed with the Clerk of the Council as required. Pursuant to Chapter 3-10 of the Santa Ana Municipal Code, the City Council may adopt or reject the proposed decision in its entirety, or may modify the proposed decision. At its meeting of August 18, 2008, the City Council instructed the Chief of Police to work with the appellant to seek an administrative resolution to this matter. The Chief of Police and the City Attorney's Office notified the Clerk of the Council that the parties have executed a settlement agreement in the matter. As part of this agreement, the appellant has agreed to withdraw his appeal. Our office has received a copy of the settlement agreement signed on November 6, 2008 by both the appellant and the attorney for the appellant. The Clerk of the Council has also received a letter from the appellant's attorney withdrawing his appeal. No further action by the City Council is required in this matter. 18A-1 Recommendation on Vicious Dog Declaration November 17, 2008 Page 2 FISCAL IMPACT The cost of the hearing available in 11-021-6291. eatricia L. nealy Clerk of the Council procedure was $4,675.00. Funds were APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 18A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1 s' Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C-1 d? t P"'j MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Sharon Hennegen Date: October 15, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS The Clerk of the Council requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE AND MANAGEMENT SERVICES 2008 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES June ACCOUNTS Cash Requirement Lists paid invoices by vendor. 2005 PAYABLE (AP 50) and prior June Direct Payment Voucher Generates payment to City vendor/creditor used in lieu of 2006 P.O. when item & vendor known. And prior Petty Cash Receipts Reimbursements for authorized expenses under $75 June 2006 and prior June Purchase Requisition Agency requests to FMSA to locate best vendor for 2006 identified goods/items And prior Travel Request and Self-explanatory une 2006 Expense Report prior Material Release Forms Order for item directly from City approved vendor list 2004 And prior Purchase Orders Authorize purchase of goods or services June 2004 and prior CONSENT BY: 4 Date gkdministrative Services Manager Purchasing Division RECORDS DESTROYED: Number of Boxes APPROVED BY: Joseph Fletcher,,- Dab City Attorney 19C-3 PREPARED BY: MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: November 6, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-4 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2008 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence November 1, 2006 and prior Correspondence/ November 1, Chronological Files Councilmember Self-explanatory 2006 and prior Council Requests Mayor Inquiries processed for Mayor November 1, 2006 and prior Wards 1 through 6 Inquiries processed for Councilmembers November 1, 2006 and prior Correspondence General Correspondence Self-explanatory November 1, 2006 and prior Staff Inquiries processed for Staff November 1, 2006 and prior Monthly Status City Manager Self-explanatory November 1, Reports 2006 and prior Payroll Records Council/Staff Self-explanatory November 1, 2006 and prior APPROVE: 1 L) David 'N. Ream Date City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds CONSENT: Jidseph W. Fleic r Date City Attorney AUDITED BY: Mark Lawrence Date Assistant to the City Manager 19C-5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CLERK OF THE COUNCIL 2008 RECORD RECORD RECORD RETENTION CATEGORY SERIES DESCRIPTION PERIOD AGREEMENT City Council-Approved Includes leases, equipment, services 2003 and Prior (Agmt) (A series) or supplies; may contain attachments such as deeds, insurance City Manager-Approved certificates, and RFCA's (N series) BOARDS & B&C Applications Applications for B&C positions 2005 and Prior COMMISSIONS (B&C) Not Selected received during a calendar year and not acted upon b the Council B&C Board Attendance Reports Biannual Attendance reports from 2005 and Prior City Boards, Committees and B&C Board Member File, Commissions; includes RFCA's; Membership Applications and supporting Roster correspondence re current members; Reference file for names, addresses and other data on incumbent Board/Commission members. CLERK Miscellaneous Correspondence Includes both incoming and outgoing 2005 and Prior PUBLIC RECORDS Public Records Request Requests from the public for 2005 and Prior REQUEST documents retained by the City CLERK LOGS Claims Against the City Council reports on liability claims 2004 and Prior Miscellaneous Logs Log of documents received by the Clerk including summons, subpoenas, appeals, Alcoholic Beverage Control (ABC), Personnel Board findings and other actions under various SAMC sections COUNCIL MEETING Agendas City Council Meeting Agendas 2005 and Prior Agenda Packets-By Council Council Meeting Agenda packet 2002 and Prior Meeting Date materials, e.g., Requests for Council Action (RFCA's) and backup information on Council Agenda items Audio and Video Recordings Recordings of Council Meetings 2006 and Prior COUNCIL REQUESTS Certificates and Proclamations Request from the Mayor and Council 2005 and Prior requesting presentations FINANCE (Financial Clerk of the Council Operating Budget Copies of Direct Payment Vouchers 2005 and Prior Documents) (DPV's), Materials Releases (MR's), Purchase Orders (PO's) and other Clerk expenditure records Projects Winning bids (originals) for Council- 2003 and Prior approved contracts for construction, improvement, maintenance, rehabilitation of public facilities including change orders; contains RFCA's and insurance certificates 19C-6 RECORD RECORD RECORD RETENTION CATEGORY SERIES DESCRIPTION PERIOD INSURANCE (INS) Building Movers Proof of insurance required to be 2002 and Prior Bus Shelters & Benches filed with the Clerk Helicopter Landing & Other Stadium Users Taxicabs PAYROLL Leave of Absence Forms to authorize absence from 2005 and Prior work Report Pay Transaction/Exception Memos to Payroll Dept. Forms to 2004 and Prior Sheets charge labor expenditures to applicable Fund and Activity other than home account PREPARED BY: ?&- L by-" - (° in/ 8 Rita L Gallardo Date Asst. Clerk of the Council CONSENT BY: U In I Patricia E. Healy ate Clerk of the Council RECORDS DESTROYED: 14 Number of Boxes APPROVED BY: oseph Fletcher Date City Attorney i 19C-7 P 5: 03 i T '. MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Michael Ernandes, Personnel Operations Manager Personnel Services Department Date: October 21, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy city records on the attached listings, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-8 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD 4 RECORD - CATEGORY SERIES DESCRIPTION DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment EE Separated FORMS forms** October 2003 and (OFFICIAL) prior Flexible Enrollment forms for flexible spending EE Separated Spending, program** October 2003 and Section 125 prior Life Insurance Employee life insurance enrollment forms*" EE Separated October 2003 and prior Long-Term Employee Long-Term Disability Insurance EE Separated Disability enrollment forms" October 2003 and Insurance prior Medical Employee medical insurance enrollment EE Separated Insurance forms** October 2003 and prior EQUAL Employment and Personnel and employment records, EE Separated EMPLOYMENT personnel including application forms*, records October 2003 and OPPORTUNITY records pertaining to promotions*, layoffs*, prior COMMISSION terminations*, salaries* and training* (EEOC) Involuntary Personnel records of terminated employee* EE Separated termination October 2003 and prior OFFICIAL Certification/ Request for Certification and/or EE Separated PERSONNEL Reassignment reassignment forms which document and October 2003 and FILES Forms authorize hiring, reassignment, or other prior employee actions* Certificates of Certificates issued to EE which show EE Separated Training completion date of training class(es).* October 2003 and prior Commendation Letters of commendation and/orother EE Separated Letters congratulatory documents received by and/or October 2003 and issued to EE.* prior Disciplinary Memorandums, letters, or other records of EE Separated Actions proposed and/or implemented disciplinary October 2003 and action(s)* prior Doctor's Notes/ Notes/medical release forms, etc., submitted EE Separated Medical regarding employee's medical condition.** October 2003 and Releases prior Drug Screen Pre-placement and drug screening EE Separated Test authorization and acknowledgement form(s) October 2003 and and results of drug screening.** prior 19C-9 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class EE Separated PERSONNEL Medical Leave title, pay rate, hours worked per pay period; October 2003 and FILES (FML) additions to or deductions from wages). prior Dates (or hours) FML designated/ taken; FML notices given to employer by employee; documents from employer describing FML policies; records of premium payments of employee benefits; records of any disputed confidential files: records/documents relating to medical certifications.** Job Application Applications for employment and resumes (if EE Separated any) for hired employees.* October 2003 and prior Medical Leave of Leave of Absence forms used in the EE Separated Absences** documentation of medical leave (including October 2003 and pregnancy leave and Family and Medical prior Leave).** Miscellaneous Documents not specifically mentioned but EE Separated Documents kept in official personnel file.*** October 2003 and prior Notice of Form completed by employee and/or EE Separated Separation department indicating effective date of October 2003 and separation, last day on the job, reason for prior separation, etc.* Oath of Office Form completed and signed by employee EE Separated affirming allegiance to the Constitution of the October 2003 and United States and the Constitution of the prior State of California.* Outside Form submitted by employee for approval for EE Separated Employment employee to be engaged in outside October 2003 and employment.* prior Performance Employee performance evaluation forms EE Separated Evaluations completed by supervisory personnel re October 2003 and employees' accomplishment of their prior assigned duties and responsibilities, etc.* PERS Forms to enroll employees in the Public EE Separated Enrollment Employees' Retirement System (PERS)** October 2003 and prior Pre-Employment Forms completed by employee and medical EE Separated Medical clinic to assess physical capability of October 2003 and employee prior to hiring.** prior Security Check Form completed by Personnel Svcs to EE Separated Form request Police Dept to conduct security October 2003 and check on employee prior to hiring.* prior Special Licenses Special licenses issued to employees from EE Separated DMV, accredited schools, etc., verifying October 2003 and employee meets certain job-related prior requirements.* 19C-10 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Tuition Copies of applications for training and EE Separated PERSONNEL Reimbursement educational assistance which show EE October 2003 and FILES Request request, department head approval, and final prior disposition of request.* Union Bank Form signed by employee authorizing leave EE Separated Donation Form hours be donated to the Union Business October 2003 and Leave Bank to be used by union leaders for prior Union Business.* W-4 form Employee's Withholding Allowance EE Separated Certificate completed by EE authorizing October 2003 and employer to withhold Federal income tax prior from employee's pay and/or for indicating exemption.** Please see attached spreadsheet, dated October 21, 2008, listing personnel files to be purged and/or digitally imaged. * Will be purged ** Will be digitally imaged *** If non-medical records, PREPARED BY: will be purged; if medical records, will be digitally imaged. Susan Wathen for Date Michael S. Ernandes, Personnel Operations Manager RECORDS DESTROYED: Number of Boxes CONSENT BY: APPROVED BY: Enrique J. va Da e Executiv irector Personnel Services Department Joseph Fletcher,--;/ Date City Attorney , 19C-11 Attachment to October 21, 2008 Obsolete Records Destruction Schedule Listing To Be Purged After October 31, 2008 Last Name First Name Employee Number FT PT Classification PTCS Separation Date Reason Adame Maria C. 09203 Clerical Aide PT 04/25/01 Resignation Adams Rosezelia Joyce 06593 Sports Attendant PT 08/25/95 Expiration of Apptmnt Alvarez Cesar 09188 Maintenance Aide II PT 04/07/98 Dismissal Amaraphomkul Arnop 101829 Clerical Aide PT 05/22/01 Resignation Amaraphomkul Peter 10824 Clerical Aide PT 05/11/01 Resignation Andres Claudia D. 101795 Tutor PT 04/11/01 Lay-Off Argueta Graciela I. 103328 Tutor PT 10/30/03 Lay-Off Arzaga Ernesto A. 102696 Engineering Intern PT 10/29/03 Resignation Arzate Tommy M. 08156 Senior Maintenance Aide I PT 05/21/01 Resignation Barb Susan D. 101190 Librarian (Part-Time) PT 09/15/03 Lay-Off Bernal Lisa 08994 Senior Program Leader PT 09/26/03 Resignation Brito Manuel 103453 Special Employment Counselor II PT 09/12/03 Expiration of Apptmnt Brown Jarrod 00563 Senior Program Leader PT 09/26/94 Expiration of Apptmnt Carbajal Ernesto R. 102838 Tutor PT 10/30/03 Lay-Off Cendejas Marlyn C. 00959 Detention Officer FT 09/08/03 Resignation Cerna Rosie 103461 Special Employment Counselor II PT 09/12/03 Expiration of Apptmnt Chaney William T. 13656 Police Officer FT 09/30/03 Ind Disability Retirement Chau Sarah H. 04817 Special Employment Counselor II PT 07/31/98 Expiration of Apptmnt Christian Sharon K. 03908 Senior Office Assistant FT 09/04/03 Service Retirement Cortez Adriana 102839 Tutor PT 10/30/03 Lay-Off Dang Lilly 102637 Tutor PT 10/30/03 Lay-Off Dang Steven H. 102812 Tutor PT 10/30/03 Lay-Off De Mayo Barbara 103231 Management Intern PT 10/12/02 Resignation Duran Jesse 04401 Maintenance Aide II PT 04/04/01 Quit Esparza Cristobal 103462 Clerical Assistant PT 09/12/03 Expiration of Apptmnt Fernandez Larry V. 09980 Senior Maintenance Aide I PT 05/05/01 Dismissal Flores Jose R. 103299 Police Officer FT 09/24/03 Resignation Galvez Victor 103383 Engineering Intern PT 09/05/03 Resignation Garcia Alexandra R. 102821 Tutor PT 10/30/03 Lay-Off Garcia Carlos D. 101571 Senior Maintenance Aide I PT 06/17/03 Resignation Garcia Norma 02501 Senior Administrative Intern PT 05/17/01 Resignation Garcia Robert 03420 Park Maintenance Aide PT 06/02/00 Resignation Gavino Juan 103480 Senior Program Leader PT 06/07/04 DQ-Medical Giang Lan N. 10908 Tutor PT 10/30/03 Lay-Off Godwin Donajean 103293 Program Leader I PT 12/24/02 Resignation Attachment to October 21, 2008 Obsolete Records Destruction Schedule Listing To Be Purged After October 31, 2008 Last Name First Name Employee Number Classification FT PT PTCS Separation Date Reason Gonzales Jerry 102069 Senior Maintenance Aide I PT 12/11/01 Resignation Gonzalez Elizabeth 100710 Tutor PT 10/30/03 Lay-Off Gonzalez Josue 101845 Senior Program Leader PT 09/09/03 Expiration of Apptmnt Guerrero Maricela 09540 Community Center Aide PT 06/30/03 Lay-Off Guerrero Martha P. 102721 Cashier PT 02/04/02 Dismissal Guillen Nellie 103356 Data Entry Clerk PT 02/19/03 Quit Guzman Maclovio 07500 Maintenance Aide II PT 10/05/03 Dismissal Hall Marcel 09863 Program Leader I PT 02/06/99 Resignation Hamano George K. 103335 Program Coordinator PT 09/22/03 Resignation Hernandez Daniel 100557 Student Intern PT 05/07/01 Resignation Herron-Williams Jennifer 102815 Animal Keeper 1 PT 05/25/03 Resignation Hoyt Jennifer 08953 Program Leader I PT 12/31/99 Resignation Huizar Angelica 101518 Management Intern PT 05/31/01 Resignation Huynh Thanh T. 103187 Senior Program Leader PT 09/09/03 Expiration of Apptmnt Ibarra Joseph G. 06881 Tutor PT 10/30/03 Lay-Off Jimenez Olivia 06424 Crossing Guard PT 09/12/03 Resignation Jimenez Thelma 101423 Senior Program Leader PT 05/31/01 Resignation Johnson Laura C. 03029 Planning Commission Secretary FT 10/28/03 Service Retirement Juarez Larry V. 09978 Computer Technician PT 05/25/01 Resignation Kamel Meray 08137 Senior Administrative Intern PT 08/27/99 Resignation Kohara Sharon M. 103255 Tutor PT 06/02/03 Resignation Kurnow Brian S. 103346 Administrative Intern PT 10/17/03 Resignation Lee Grace A. 101655 Engineering Intern PT 09/09/03 Resignation Linares Paul H. 101408 Maintenance Aide II PT 05/19/01 Resignation Longstreet Donna 101687 Librarian (Part-Time) PT 09/15/03 Lay-Off Lopez Anel 06415 Graphics Aide PT 04/17/01 Resignation Lopez Rosa 09033 Program Coordinator PT 09/05/03 Separated-Svcs No Longer Req'd Lopez Ruth V. 10957 Senior Program Leader PT 09/03/03 Resignation Lopez Valentin 103382 Crossing Guard PT 10/15/03 Resignation Ly Alex H. 100254 Tutor PT 10/30/03 Lay-Off Madrigal Omar A. 103288 Senior Administrative Intern PT 08/20/03 Resignation Marin Maria J. 100009 Recreation Leader FT 09/30/03 Lay-Off Marroquin Grecia P. 101862 Special Employment Counselor II PT 09/19/03 Expiration of Apptmnt Marroquin Margarita 101348 Program Leader II PT 04/30/01 Dismissal Martin Thomas R. 103416 Management Intern PT 09/12/03 Resignation Attachment to October 21, 2008 Obsolete Records Destruction Schedule Listing To Be Purged After October 31, 2008 Last Name First Name Employee Number Classification FT PT PTCS Separation Date Reason Martinez Fernando 10759 Student Intern PT 09/02/99 Returned to School Marty Thomas A. 01288 Police Officer FT 10/15/03 Resignation Medina Gilbert Edward 10858 Maintenance Aide II PT 01/07/00 Resignation Melendez Jose P. 04356 Park Maintenance Aide II PT 12/05/03 Medical Release Melgoza Tirzo M. 05185 Crossing Guard PT 01/23/03 Resignation Mendibles Jr. Albert 103775 Special Employment Counselor I PT 10/09/03 Resignation Millan George 101511 Park Maintenance Assistant PT 05/17/02 Dismissal Moncada Laura 100810 Tutor PT 10/30/03 Lay-Off Morales Sylvia P. 10953 Supervising Librarian FT 10/31/03 Resignation Moreno Blanca 103179 Crossing Guard PT 09/26/03 Resignation Moreno Phillipe J. 103454 Special Employment Counselor II PT 09/13/03 Expiration of Apptmnt Munoz Alejandro A. 00678 Police Officer FT 09/19/03 Service Retirement Naderi Farhad (Fred) 103385 Engineering Intern PT 05/21/03 Dismissal Negrete Octaviano 101439 Senior Program Leader PT 06/30/02 Resignation Nguyen Brandon V. 09139 Tutor PT 10/30/03 Lay-Off Nguyen Thai X. 06694 Tutor PT 10/30/03 Lay-Off Nicely Christopher L. 100332 Police Officer FT 09/02/03 Dismissal Ordaz Agustina G. 102683 Crossing Guard PT 06/20/03 Resignation Paniagua Zenaida L. 03679 Program Coordinator PT 09/24/03 Resignation Paz Manuel 09009 Crossing Guard PT 05/19/03 Resignation Perez Adriana M. 101529 Engineering Intern PT 06/06/03 Resignation Pina Samuel 09951 Parking Control Officer FT 10/20/03 Expiration of Apptmnt Ponce Jr. Max 08380 Program Leader II PT 09/30/99 Quit Quinn Josephine P. 102825 Clerical Aide PT 10/13/03 At Will-Services Not Needed Reyna Zoila E. 09856 Tutor PT 10/30/03 Lay-Off Reynaud Eunice 101183 Tutor PT 02/28/01 Lay-Off Rodriguez Adrianna 03537 Detention Officer FT 09/18/03 Resignation Rosales Melina 101369 Community Center Aide PT 08/15/03 Resignation Rosas Elias 07184 Maintenance Aide II PT 05/25/01 Lay-Off Rupert Connie L. 00100 Crossing Guard PT 02/28/00 Resignation Sanchez Omar A. 102681 Tutor PT 10/30/03 Lay-Off Sandhu Kanwalinder S. 103294 Administrative Intern PT 10/14/03 Resignation Schafer Michael T. 103466 Special Employment Counselor II PT 09/12/03 Expiration of Apptmnt Shaw Cristine L. 09133 Assistant City Attorney (MM) PT 10/10/03 Resignation Silva Sandra 101300 Senior Police Records Specialist FT 09/26/03 Resignation Attachment to October 21, 2008 Obsolete Records Destruction Schedule Listing To Be Purged After October 31, 2008 Last Name First Name Employee Number Classification FT PT PTCS Separation Date Reason Soria Humberto 100132 Animal Keeper I PT 05/19/01 Lay-Off Thibert Richard N. 83932 Fire Engineer FT 02/28/95 Service Retirement Torres Andres 10146 Maintenance Aide II PT 04/20/01 Quit Tran Kimberly L. 102596 Engineering Intern PT 09/17/03 Resignation Valencia Yuri 07644 Program Leader II PT 02/16/00 Resignation Valles Jr. Jose I. 10898 Senior Maintenance Aide I PT 05/05/01 Dismissal Vega Juan 101341 Maintenance Aide 11 PT 04/13/01 Quit Velarde Gloria 02527 Crossing Guard PT 08/22/01 Resignation Villa Adelma 100341 Program Leader I PT 04/25/01 Quit Villa Nora 06272 Clerical Aide PT 05/25/01 Resignation Villegas Carmen 103806 Crossing Guard PT 10/28/03 Resignation Walz Julia 09042 Animal Keeper I PT 10/22/03 Resignation Wrobel Lyla 01982 Lead Police Records Specialist FT 10/15/03 Service Retirement Yoon Sara 103348 Program Coordinator PT 09/02/03 Resignation Zamudio Jesus M. 09136 Senior Office Specialist FT 10/08/03 Resignation CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES RECRUITMENTS Background Materials used in the preparation/ October 2005 and Materials implementation of recruitments.** prior Bilingual Forms certifying bilingual capabilitiesfer October 2005 and Certification employees FeGedViRg biliRgual pay for prior Forms applicants for recruitments which require bilingual capabiliity.* Ethnicity Stubs From employment applications submitted at October 2005 and recruitment time, are kept for outreach prior purposes.* Examination Examination answer sheets completed by October 2005 and Answer Sheets applicants during testing process and other prior testing materials.* Official Eligible Eligible lists signed by City Manager. Lists of October 2005 and Lists individuals placed on an eligible list card for prior hiring purposes (copies only - original signed eligible lists are with recruitment file folder (according to classification title)) ** See attached spreadsheet, dated October 21, 2008, with recruitment files to be purged/digitally imaged. * Will be purged ** Will be digitally imaged PREPARED BY: i') ,2/ 0Y'- Sus n Wathen for Dat Michael S. Ernandes Personnel Operations Manager CONSENT BY: Enriqu J A Da Execu Di for Personnel Services Department RECORDS DESTROYED: Number of Boxes APPROVED BY: Joseph Fletcher Date City Attorney 19C-16 Attachment to October 21, 2008 Obsolete Records Destruction Schedule Listing To Be Purged After October 31, 2008 Bulletin Number Classification Date Posted Date Closed Date Eligible List Established 20-04 PTCS Accounting Assistant (PTCS) 09/10/03 10/08/03 11/20/03 46-06 Assistant Librarian/Bilingual-Spanish (PTCS) 10/14/05 10/21/05 N/A-None Qualified 26-06 Communications Services Officer/Bilingual 08/19/05 09/09/05 10/26/05 04-06 Community Preservation Inspector-Bil-Sp or Viet 07/11/05 08/08/05 09/15/05 28-06 Deputy Fire Chief 08/30/05 09/09/05 N/A-Cancelled 90-05 Economic Development Manager 06/01/05 06/30/05 09/02/05 101-05 Firefighter (Probationary) 06/15/05 07/06/05 10/03/05 100-05 Firefighter (Probationary)/Bilingual 06/15/05 07/06/05 10/03/05 22-06 Housing Specialist II/Bilingual-Spanish 08/08/05 09/06/05 09/30/05 23-06 Housing Specialist II/Bilingual-Vietnamese 08/08/05 09/06/05 09/30/05 4-96 Personnel Secretary (UC) 08/03/95 08/18/95 09/20/95 21-06 Police Captain 08/03/05 09/14/05 10/19/05 17-06 Police Officer-Academy Graduate 07/28/05 09/09/05 N/A-Fld Oral 58-05 Police Records Specialist 01/19/05 07/19/05 09/12/05 57-05 Police Records Specialist/Bilingual-Spanish 01/19/05 07/19/05 09/12/05 63-05 Police Recruit 02/14/05 03/25/05 N/A-None Passed 96-05 Police Sergeant 06/03/05 06/30/05 09/23/05 13-06 Police Services Dispatcher-Lateral Transfer 07/20/05 12/09/05 10/07/05 06-06 Senior Accounting Assistant 07/13/05 08/05/05 09/29/05 25-06 Supervising Accountant 08/10/05 08/17/05 10/19/05 43-06 Supervising Buyer 10/03/05 10/10/05 10/20/05 20-06 Systems Technician-GIS 08/05/05 09/07/05 10/05/05 24-06 Workforce Specialist II/Bilingual 08/15/05 09/12/05 10/05/05 19C-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 18t Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Quarterly Report of Contracts entered into between July 1 and September 30, 2008 valued at $25,000 and less. DISCUSSION On November 7, 2006 the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for information purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit A is a listing of all purchase orders, agreements and change notices entered into between July 1 and September 30, 2008 valued between the amounts of $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods and services valued under $500 through either a purchase order or an agreement. Purchase orders and service agreements valued at greater than $25,000 require approval by the City Council. FISCAL IMPACT There is no fiscal impact associated with this action. Catherine Stan iford Assistant City Manager City Manager's Office 19D-1 0 M co O r N U 0 O U 0 O r 0L a) a a a? U y > U 0 a) 0 E ° ° c o ° N U) co N N N Z O ° rn > co 0 o 0- 0 1 c a) 2? a N E °c a 0 O ti U) CL _ E co U) c U) fl aUi c U >1 0 0 _r_ c` 0) ° a) c ° .L 06 co) 06 = c " U) •` ` co a) c 0 cu ?. > u3i U) o w? Lu mn .c ad 'o ° a? ° 3 c c co o .c a) y s° a) c p c a ?'' 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Z d m U U C? ? Z fn Q U U w 2 F- Q Q??> rn Q m W 2 2? 2 J M'I Ln O ti M O O N M Lo co r- M O O N cM ? Ln O ti M O O- N M N N N N N N N M M M M M M M M M M ct ?t ?t "t "t Lo LLB Ln Ln M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M a? .o O 0 m U 7 IL 0 IL ,U 0 Z 0 rn c m t U i Z U ca c 0 U `m a O N Y fC6 m U 0 m a? E m O Q 19D-11 19D-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2008 t CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the following seven major elements: - Type of investments; - Date of maturity; - Par and dollar amounts invested in each security; - Weighted average maturity of the investments; - Source of the market value information; and - Any funds, investments or programs, including loans, under the management of contracted parties. The Finance and Management Services Executive Director has historically prepared a monthly report of investments. This office will continue to provide this information monthly; however, a quarterly report of investments will be presented at a regular council meeting. In compliance with State law and the City's Investment Policy, the attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of September 30, 2008. 19E-1 QUARTERLY REPORT OF INVESTMENTS Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency 19E-2 CITY OF SANTA ANA TREASURER'S REPORT as of September 30, 2008 EXHIBIT 1 19E-3 U F? } c E ca co Q0EN c? E o C C 7 M t4 m CO i ?2 O? O .o p E v o a° co a 0 O? E F C O o ? O a 0 d O 7 M 10 O 7 O co V I N O n !P N O r N n U? N co CO N O CO N N co r O n I O N co r M N (D O N N co o O (D (O M OJ (D O o ri r ri co co M ? r o M O (D n r O n O O C) pp O M O n N O n O O N O o v_ o (n 0 O 0 O 0 O 0 C o c? o o n r N n v N n r n O ? ? O M 0 w N ) -c a E CO N O T, Y -o m C: C) C4 U N m r C Cl N C U O E C N Q m a? > c aNi •C d U O ar-- d Q N N W M O O U) D Q N - N 2 f0 ) ? 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Q o .o m O 7 y Z N co O (0 a) LL N N O O C ro 7 O V a Y N d O c U00 ) O ? N N m p cr N- a o? ?C N N M O Cl) C r 7 U d 7 A d Y F d 7 A O CL H N ? m CD 7 O J N > LLI _ M O C/) y i co LU E O a N W > fn fn c m d 2 y m cn O U a d _U) c d E H C a N 7 U b co r n Of O O M 01 {D n T O rn r O cl? cn so cr IV Q v c R N C w c A 0 a N O d O O) O r m a m c R d 7 U) N R Q E O U y N 7 i H V w to Z m I d w N O O c0 b n co co co U? W! O_ O n n M M LO to co co I I I- n Cl? M 0 In co co m I M co 00 W b O R N ? O > n o c A A O a z 7 N co N N N U- i LO O C O 7 00 O V a Y R 0 T O m C co N O U) b W r n M Ln co n M Le) co M 00 rn two Q M m N C E d c A 0 r- d N R d J a M O O N Q1 A C a lC C R d 7 N O O M M N I N O M Lo Lo N N co co M v Lo h N N co b M ;2 N I b N N M M o rn N M o Q n .o o c m O rn N 7 a z N A N O O) LL C N c0 y Q 3 E O U y 3 H L N O r C = co N y O ? a Z Y m ? l6 d w y O N co O U i M N r N N b r n N b r h N M m rn Q v c A C m E d c w 0 r- U N °o Q N Uj O n r p E C N O LLI O O 0 N 0 0 r 0 m 19E-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING THE 2008 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing the 2008 Edward Byrne Memorial Justice Assistance Grant in the amount of $33,487 into the revenue account (no. 128-01-5359-2) and appropriate same into the 2008 Edward Byrne Memorial Justice Assistance Grant Expenditure account (no. 128-354-6391). 2. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute an agreement with the County of Orange, Sheriff's Department to transfer the 2008 Edward Byrne Memorial Justice Assistance Grant Program funds in the amount of $33,487. DISCUSSION The 2008 Edward Byrne Memorial Justice Assistance Grant (JAG) program is the primary provider of federal criminal justice funding to state and local jurisdictions. It is a formula grant that blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) programs. JAG requires a single unit of county government to function as the applicant/ fiscal agent to apply for, receive, and administer the funds on behalf of the entire county. A memorandum of understanding designated the County of Orange, Sheriff-Coroner Department as the lead agency for this program. For FY 2008, $33,487 has been allocated for Santa Ana. The City agreed to allocate 49.5 percent of the total funding, or $30,138, to the Orange County Pro-Active Methamphetamine Laboratory Investigative Team to supplement their resources. JAG also allows the fiscal agent for each county to use a portion of the award for costs associated with administering the funds. The Orange County Sheriff-Coroner Department will retain $3,348 (5.0 percent) for administrative fees. The remainder of the funds in the amount of $33,487 will be utilized by the Police Department's Career Criminal Unit to target and apprehend the most violent offenders and reduce the number of gang related crimes through increased suppression efforts. 20A-1 2008 JAG Grant November 17, 2008 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the 2008 JAG revenue account (no. 128-01-5359-2)by an amount of $33,487 and increase the same into the 2008 JAG Expenditure account (no. 128-354-6391). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department , Francisco Gutierrez G v Executive Director Finance & Mgmt. Services Agency 20A-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT TO TRANSFER FUNDS FOR 2008 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM THIS AGREEMENT is entered into this day of 2008, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and , a municipal corporation, hereinafter referred to as "SUBGRANTEE." WHEREAS, COUNTY, acting through its Sheriff-Coroner Department, hereinafter referred to as SHERIFF, in its capacity as the lead agency on behalf of eight units of local government, including SHERIFF and SUBGRANTEE, has applied for, received and accepted the Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (hereinafter referred to as "the grant"). WHEREAS, the purpose of the grant is to supplement the resources available to the multi agency Orange County Pro-Active Methamphetamine Laboratory Investigative Team (PROACT), and to various programs designated to prevent and control crime within the County of Orange that are operated by individual agencies included in the above-referenced eight units of local government, as set forth in Attachment A hereto (Program Narrative in the grant MOU), which is attached hereto and j incorporated herein by reference. WHEREAS, the terms of the grant require that certain grant funds be transferred to SUBGRANTEE to be used for the grant purposes, which may include local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for law enforcement, as more particularly described in Attachment A hereto. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to I reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes. In order to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all I I Sheriff 2008 2 0AA of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 required information and documentation, as set forth in Attachment B hereto ("How to Apply for JAG Grant Reimbursements"), which is attached hereto and incorporated herein by reference. In no event will the total amount of the grant funds transferred by COUNTY to SUBGRANTEE hereunder exceed SUBGRANTEE's allocation, as set forth in Attachment C hereto ("JAG Program Allocation"), which is attached hereto and incorporated herein by reference. 2. SUB-GRANTEE shall be reimbursed with said grant funds only for expenditures necessary to acquire personal property or equipment as set forth in Attachment A hereto [herinafter called "grant property and equipment"] or to perform such other grant functions, if any, for which Attachment A specifies that SUBGRANTEE may utilize grant funds. 3. Throughout their useful life, SUBGRANTEE shall use grant property and equipment only for grant purposes in accordance with Attachment A hereto. 4. SUBGRANTEE shall exercise due care to preserve and safeguard grant property and equipment from damage or destruction and shall provide regular maintenance and such repairs for grant property and equipment as are necessary, in order to keep said grant property and equipment continually in good working order. 5. If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it only in accordance with the instructions of COUNTY or the agency from which COUNTY received the grant funds. 6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and information in accordance with requirements set out in Attachment D ("Edward Byrne Memorial Justice Assistance Grant Reporting Requirements"), which is attached hereto and incorporated herein by reference. 7. SUBGRANTEE shall comply with all applicable terms of the certification(s) that are attached hereto as Attachment E and incorporated herein by reference. 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E hereto. SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no longer will abide by any applicable provision of this Agreement or Attachments A, B, C, D or E hereto. Sheriff 2008 2 0lAg04 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State Auditor General with respect to this Agreement for a period of three years after final payment I I hereunder. 10. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the agency from which COUNTY received grant funds, and their elected and appointed officials, officers, I agents and employees from any and all claims and losses accruing or resulting to any and all contractors, I subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement, including Attachments A, B, C, D and E hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the performance of this Agreement, including Attachments A, B, C, D and E hereto. 11. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 12. SUBGRANTEE may not assign this Agreement in whole or in part without the express written consent of COUNTY. 13. For a period of three years after final payment hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B, C, D and E hereto. For the same time period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received the grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request, during usual working hours. 14. SUBGRANTEE shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. Sheriff 2008 20A-5 Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, including the applicable terms of Attachments A, B, C, D and E hereto, at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. 16. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B, C, D and E hereto, and shall not be considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which COUNTY received grant funds. // // // // // // // 1 Sheriff 2008 20A-6 Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: , 2008 APPROVED AS TO FORM: COUNTY COUNSEL By Nicole Sims, Deputy DATED: , 2008 DATED: 2008 ATTEST: City Clerk DATED: , 2008 Sheriff 2008 By COUNTY OF ORANGE, a political subdivision of the State of California Sheriff-Coroner "COUNTY" SUBGRANTEE By 20A775 of5 20A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FY 2008 HOMELAND SECURITY GRANT PROGRAM (INTEROPERABLE EMERGENCY COMMUNICATIS GRANT PROGRAM) ? CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the City Manager and the Chief of Police to execute a grant award agreement with the State of California, Office of Homeland Security for the FY 2008 Interoperable Emergency Communications Grant Program in the amount of $2,209,307. 2. Approve an Appropriation Adjustment recognizing the FY 2008 Interoperable Emergency Communications Grant Program in the amount of $2,209,307 in revenue account (no. 125-01-5350-9) and appropriate same in the FY 2008 Interoperable Emergency Communications Grant Program expenditure accounts (no. 125-340-various). DISCUSSION The United States Department of Homeland Security has developed the Interoperable Emergency Communications Grant Program (IECGP). The IECGP provides funds to emergency first responders to improve interoperable emergency communications, including communications in collective response to natural disasters, acts of terrorism, and other man-made disasters. The grant specifically provides funding for the creation of plans, protocols and procedures. The only eligible sub-grantees for the FY08 IECGP local awards are the recognized Urban Area Security Initiative's (UASI) within each of the four planning areas that are determined by the California Statewide Interoperability Executive Committee (CalSIEC). The City of Santa Ana continues to be designated as an Urban Area Core City and will handle grant administrative responsibilities in representing the CalSIEC's Southern Planning Area. Santa Ana will work in collaboration with cities and counties in the Southern Planning Area that include Imperial, Inyo, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa 20B-1 FY 2008 Homeland Security November 17, 2008 Page 2 Barbara, and Ventura counties to implement complimentary plans, protocols and procedures for effective interoperable communications. FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FY 2008 IECGP account (no. 125-01-5350-9) by $2,209,307 and appropriate same in the FY 2008 IECGP expenditure account (no. 125-340-various). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 20B-2 Iss:102108 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND/OR THE CHIEF OF POLICE TO EXECUTE A GRANT AWARD AGREEMENT WITH THE STATE OF CALIFORNIA OFFICE OF HOMELAND SECURITY FOR THE FY2008 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The California Office of Homeland Security is responsible for implementing the United States Department of Homeland Security, Interoperable Emergency Communications Grant Program (IECGP) B. IECGP provides funds to Planning Areas to develop and test Tactical Interoperable Communications Plans (TICP's) and to resolve any existing MOU issues relating to those TICP's. C. The City of Santa Ana, as an eligible subgrantee within the Southern Planning Area, has been awarded funding from the California Office of Homeland Security for the fiscal year 2008 IECGP in the amount of two million, two hundred nine thousand, three hundred seven dollars ($2,209,307). Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or the Chief of Police or their designee(s) to submit an application to the California Office of Emergency Services for the FY 2008 IECGP in the amount of $2,209,307.00, to fund the following projects: A. Southern Planning Area (SPA) governance and technical assistance B. Provide technical support in the development of Regional Interoperable Communications Systems (RICS) C. Develop TICP, including exercise and training programs D. Establish interoperable protocols for the SPA and develop strategic plans for the operational areas within the SPA E. Review SPA TICP F. Develop channel matrix 20B-3 Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or the Chief of Police to execute and submit all documents and take any necessary action, for and on behalf of the City of Santa Ana, a public entity established under the laws of the State of California, for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and subgranted through the State of California. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of .2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura S. Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF PUBLICATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 20B-4 Clerk of the Council City of Santa Ana 20B-5 20B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: APPROPRIATION ADJUSTMENT AND AGREEMENT WITH ORANGE COUNTY FLOOD CONTROL DISTRICT FOR LEASE OF VACANT PARCEL (AP NO. 001-011-20) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing $187,000 in the Resources - California River Parkways revenue account (no. 161-01- 5373) and appropriating same to the State Resources Agency Grant expenditure account (no. 161-273-6631) for the 17th Street Triangle Trail Access Site project. 2. Authorize the City Manager and Clerk of the Council to execute the attached agreement with the Orange County Flood Control District for the lease of vacant parcel (AP NO. 001-011-20) for a 25-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana Parks, Recreation and Community Services Agency was successful in receiving a $187,000 grant from the State of California Resources Agency to develop a .3 acre, vacant parcel (AP No. 001-011-20) into a trail access site. The property is known as the 17th Street Triangle and is situated alongside the Santa Ana River Bike Trail off 17th Street. The 17th Street Triangle was one of ten "opportunity areas" identified in the Santa Ana River Vision Plan that was adopted by the City Council in 2007 to address the open space and recreational needs of the community. The project will enhance the site with native plants, supporting irrigation, trailhead entry and interpretive signage, and mile markers. 20C-1 17th Street Triangle AA and Agreement November 17, 2008 Page 2 The Orange County Flood Control District is the current owner of the property and has agreed to enter into a 25-year lease agreement with the City, on a rent-free basis, to allow the City access to the site to make the proposed improvements. Once developed, the site will be a fully accessible public recreation facility. FISCAL IMPACT The appropriation adjustment will enhance the Resources - California River Parkways revenue account (no. 161-01-5373) and the State Resources Agency Grant expenditure account (no. 161-273-6631) by $187,000. APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet, Executive Dire for Parks, Recreation and Community Services Agency Francisco Gutierrez executive Director Finance and Management Services Agency 20C-2 17;h STREET TRIANGLE LEASE SANTA ANA RIVER CHANNEL PROJECT/PARCEL NO. E01-81552 ORANGE COUNTY FLOOD CONTROL DISTRICT (DISTRICT) and CITY OF SANTA ANA (TENANT) 20 20C-3 LEASE TABLE OF CONTENTS SECTIONS PAGE I. DEFINITIONS .............................. 2. PREMISF,.s .................................................................. ....................... 3. I.IMI"I r1 I`ION OF TI I I ; LF"ASI l KA ID ................... ........ --............... ................. ..... 3 ........... 4. IJSI ................ ...................... ................. ............. .............................. ............. ......... _............2 .. a. TERM ............................ O Tl,-IZMINATION ......................................... ...... .....---- ------ 11 _.... ,,,,,, ...,...,.,.....? T RIB.NT.....................•......,...,.............. .......... 8. INI'1`A1t_, CONSTRUCTION BY 11.NAN'l ........................ MI;Cl I ° NICS IAE'NS OR STOP-NOTICES ....................... . ................3 10. -AS-131.111.,T" PI,ANS .......................... ................................................................ ................ 3 11. CONSTRUCTION AND/OR AIATRATfON 13Y DISTRIC'l....... • ................... ................4 12. O NFRSHIP 01,. IMPROVI 'SRI:XI'S .::............................................................. ................4 13. I :'I`IL,I I"1I?5 ........................................................................................................... ................4 14. MAIN I ENANC'E OBLIGATIONS Ol "1 I,'N AN I ............................................. ................ I >. IN4t"RANG'I :........................... 10. ASSIGNI:NC . S13BLETTING AND ENCUMBERING PROHIBITED- .......... ................. 7 IT HAZARDOUS ILL t FRI.AI-S ................................ .............................................. ...............h 18. I3I,` I "I.`'?I 1C?I.MI.1 "1 I:'R?C"'1 lC'I:S ................... 9 19. INI.M.",TVINIFIC'ATION ........................................................................................... .............10 70. NOTICES ............................................................................................................ .............I1. 21. GENT ',RAL CONDITIONS- .............................................................................. ..............I I SIGNATURE' PAG1: - CITY OF SANTA ANA..... ................. -- ................ - ..... ...... ...... 12 SIGNATIJRE PAGE - ORANGE, COUNTY FLOOD CONTROL DISTRIC"I ... .............13 EXHIE IFs Premises Legal DescriptlOll................. Premises illustration ............................. Best Mana<gement Practices 1? act Sheet General C« ndii)011?s .............................. ...........................................................................Ex Exhibit A ................................................................ Exhibit I3 ...................................................................... Exhibit C ........................................................................... Exhibit D 20C-4 LEASE T] IIS LFASF (Lease) is made 2009 ("Effective Bate"), by and between O ZANG1 (,'()I 'NT),` T=l.OOD C:.C)N"I`ROL DIS`I'RW l', a body corporate and politic. hereinafter referrers to as "DIS,rRIC:"T," and the C'1TY OF SANTA ANA. a municipal corporation. hereinafter referred to as "i NAN T," without regard to number and gender. I. DEFINITIONS (PMA2.I S) The following words in this Lease hav; the significance attached to them in this clause, unless otherwise apparent from context: "Board of Supervisors" means the Board of Supervisors of the County of Orange acting as the governing board cif the Orange County Flood Control District. "County" means the County of Orange. a political subdivision of the `Mate of Califo nia "Director" nuc ans the Director. 0(.' Public Works. County ol'Oran.:e. or designee. "Flood Control Channel" means the Santa Anti River Channel and appurtenant structures located adjacent to the easterly border of the Icasehold premises. 2. I'I~iEM ISES tPMA3).I S) DISTRICT leases to T NAN°T° that certain property described in Exhibit A and shown on Exhibit B (hereinafter referred it) as "Premises"). which l xhibits are attached hereto and by reference matte a peat hereof. 3. LIMIT' TION OF THE LEASEHOLD (PMA5.I S) This Lease and the rights and privileges granted 'I T'NANT in and to the Premises are subject to all covenants, conditions. restrictions, and exceptions of record, or apparent. Nothing contained in this l..,ease or in any document. related hereto shall be construed to imply the conveyance to `IT:NA `I° of rights in the Premises which exceed those owned by DIS'I"TZWT, or any representation or warranty. either express o= implied, relating to the nature or condition ofthe Premises or DIS'IkIZK-FS interest therein. TENANT acknowledges that I E,NAN`1` has conducted a complete and adequate investigation of the Premises and that 11..NANT has accepted the Premises in its "as is" condition. 5a3ia Aiia ii crCh,,rn?ir3-HIi52i !'"' S<rV t ] rm Ic I V 10.219.2008.1, 20C-5 4. USE (PMB1.2 N) TENANT'S use of the Premises shall be limited to the development and use of the surface as a non- revenue gencrating public park facility with the purpose of preserving open space and/or providing a free public recreation facility to be enJoyed and used by a] I residents of and visitors to the. County of Orange and for no ogler purpose. TEN.ANT agrees not to conduct or permit to be conducted any public or private nuisance in, on, or front the Premises. or to commit or permit to be committed any waste, including, but not limited to I lazardous Materials (defined in Clause 17), within the Premises. nor shall T WAN'T' engave in or authorize activities within or upon the Premises which are incompatible or interfere with DIST'RICT'S flood control activities in. on or about the Premises. TENANT'S use ofthe Premises for any other purpose without DISTTZICT'S prior written approval shall cause this Lease and all TENANT'S rights hereunder to immediately terminate upon written notice from Director, and without further action on the pall ol'DISTRICT". 5. TERM (PMB2.1 N) The term of this Lease shall be twenty (25) years. commencing on the date Effective Date of this Lease. 6. TERMINATION (13'M13-).l N) F'ither party may terminate this Lease at any time and for any reason, by giving the other, sixty (60) days' advance written notice. 7. RESIT (N) The Premises shall be leased to T ENANT on a rent-free basis. 8. INITIAL CONSTRUCTION BY TENANT (PMDl.2 S) 'IT"NANT shall. within two year, after the commencement chafe of this Lease. improve: and develop the Premises as a landscaped open space or a free public recreational facility as set forth above in Clause 4 (USE). All plaits for improvement and development shall first be approved in writing by Director to ensure that such plans comply with the intent of this Ixase. All improvements or landscaping affixed to the Premises by TENANT shall become the property of' DISTRICT. Upon expiration or termination of this Lease. TENANT agrees to remove, at DISTRICT's option, any and all such improvements. notwithstanding their becoming; affixed to and pair of the realty which work shall include leveling the Premises, the removal of any underground obstructions, and the compaction of filled excavations to ninety percent (90%) compaction. The payment of costs for said removal of improvements shall be the r .sponsibility of T'I'NANT. Santa Ana Riper (;lip nel OM-R1552) 1-' Street 1'n an_I( €.eaas<(R :'' 10.29,2008 ; 2 20C-6 q. LIECHANICS LIENS OR STOP-NO'T'ICES (PM D4.1 S) In addition to the responsibilities described in Clause 19 (Indemnification) below, TENANT shall at all times indeni.rify, defend with counsel approved in writing by DISTRICT, and save DISTRICT and County hannless from all claims, losses, demands, damages, coats, expenses, or liabilities arising from mechanics liens or stop notices in. connection with the use, construction, repair, alteration, or installation of structures, improvements, equipment, or facilities. by TENANT over, across, within, upon, or under- the Premises, and from the cost of defending against such claims, including attorney fees and costs. In the event a lien or stop-notice is imposed upon the Premises as a result of such construction, repair, alteration, or installation, TENANT shall either: A. Record a valid Release of Lien, or B. Procure and record a bond :in accordance with Section 3143 or 3196 of'the Civil Code, which frees the Premises from the claim of the hen or stop-notice and from any action brought to foreclose the lien. Should TENANT fail to accomplish one of the two actions above within fifteen (I5) days after the file of such a lien or stop-notice, the Lease shall he in default and shall be subject to immediate termination. Such termination, however, shall not relieve TENANT from any of its obligations set forth in this Section. 10. "AS-BUIL'T'" PLAN'S (RMDS.2 N) Within tits days following completion of any substantial improvement within the Premises, TENANT shall iiti-nish Director a complete set of full size (24" x 36") reproducible mylars and two sets of prints of Record Drawings. TENANT must obtain Director's approval of Record Drawings. TENANT shall also furnish Director with all CAD data files, which shall be in one of the following software tomcats, the version of which shall be subject to Director's approval: • Micro Station DGN format; Microsoft Windows based system • AiitoCAD DWG format; Microsoft Windows based system Submission of'rall CAD dataffles must he in the followin mediti format or as approved bly Director: • Compact disc ROM (read only memory) All CAD tiles are also to be converted to Acrobat Reader (*.pdf format), which shall be included on CD ROM. No other formats are acceptable. Director reserves the right to reject CAD files delivered in any other formats not specified above. Santa Aiio }taw C iaimul jE0J-81712) Streo Inanele Least (RI N 10.29,2WS.7 20C-7 1 1. t'ONS'I'RUC:'r.ION AND/OR AI..TERA,r[ON BY )ISTRIC"r (N) Iixcept in an emergency found to exist by DISTRICT, if I:7I TRICT intends to disturb the surface or subsurface of the Premises, then Director shall give'I`ENANT not less than thirty (30) catendar days' prior written notice specifying the date of such entry, the duration thereof, and the nature of" the work to be performed by DISTRICT. In the event DISTRICT Funds it necessary to enter on and disturb the surface or subsurface of the Premises in order to maintain, repair, reconstruct, replace, improve or enlarge DISTRICT'S Flood Control Channel or facilities, DISTRICT'S only responsibility under this Lcase shall be to backfill the affected portion of the Premises with compacted earth to the grade of the surrounding property following completion of DISTRICT'S activity. DISTRICT shall have, no responsibility or liability under this Lease for restoring improvements owned, constructed, placed or permitted by "rE;NANT within, upon, under or above the Premises which by design are disturbed, altered or destroyed as the result of DISTRICT'S planned maintenance, repair, reconstruction, replacement, improvement or enlargement of DISTRICT'S Flood Control Channel or facilities, however, DISTRICT shall endeavor to minimize any damage, disruption or extirpation of any park improvements during such DISTRICT activities. 12. OWNERSHIP OF IMPROVEMENTS (PMD6.I N) All improvements and facilities constructed or placed on or within the Premises by'1'I{NAN"f must, upon completion, be free and clear of all liens, claims, or liability for labor or material and at DISTRIC'T'S option shall become the property of DISTRICT at the expiration of this Lease or upon earlier termination hereof. DISTRicr retains the right to require TENANT, at TENANT'S cost, to remove any or all of TENANT'S improvements located within, upon, under, or above; the Premises at the expiration or termination hereof. TI NANI' agrees that should DISTRICT require removal of said improvements, TENANT shall: (i) remove the improvements at TENANTS cost within sixty (60) days of being notified by DISTRICT, (ii) leave the Premises in a safe, clean, sanitary mid sightly condition; (iii) leave any excavated area compacted to ninety percent (5€(}%) compaction and (iv) replace any erosion control. landscaping that may have been destroyed or removed as the result of any of the aforesaid activities. 13. uut,ITIEB (PMF1.1 N) TENANTshall construct, or cause to be constructed, all necessary utility facilities to be used by'FENANT within the Premises and shall be responsible for and pay, prior to the delinquency date, all charges for utilities used by "TENANT on the Premises. Ana (2iv, (';i"Tw Q1 (f'(}1 552? 171 SUC 1rjun ie.Cease(RIN 10)2920088) 4 20C-8 14. MAIN'I'ENANCE OBLIGATIONS OF TENANT (PME2.1 N) TENANT agrees to maintain the Prenises and all improvements constructed thereon in good order and repair, and to keep said Premises in a neat, clean, orderly, safe, and sanitary condition to the satisfaction of Director, and in compliance with all applicable laws. TENANT further agrees to provide approved containers for trash and garbage and to keep the Premises free and clear of rubbish and litter and to prevent the accumulation of any refuse or waste materials which might constitute a fire hazard or a public or private nuisance. TENANT shall designate in writing to Director a representative who shall be responsible for the day-to- clay operation anti level of maintenance, cleanliness, and general order. Director shall have, the right to enter upon and inspect the Premises anytime for cleanlincss and safety. If TENANT fails to maintain or make repairs or replacements as required herein, -Director shall notify TENANT in writing of said failure. Should "l'E NANT fail to correct the situation within three days after receipt of written notice, Director may make; the necessary correction or cause it to be made and the cost thereof, including but not limited to the cost of labor, materials, equipment, and an administrative fee equal to fifteen percent (15%) of the sum of such items, shall be paid by TENANT within 10 clays of receipt of a statement of said cost from Director. Director may, at his/licr option, choose other remedies available herein, or by law. 15. INSUILXNCE (PMI5.1.8 S) TENAN'T' agrees, at its sole expense, to obtain insurance as required below, and to deposit with Director prior to the provision of services under this t-ease, Certificates of Insurance, including all endorsements required herein, necessary to satisfy Director that the insurance provisions of this Lease have been complied with, and to keep such insurance and the certificates and endorsements therefor on deposit with Director during the entire term of this Lease. In addition, sub-tenant, or any contractors performing work on behalf of TENANT pursuant to this Lease, shall be covered under TENANT'S insurance or shall obtain insurance subject to the- same terms and conditions as set forth herein. for TENANT. All insurance policies required by this Lease shell declare any deductible or self-insured retention (SIR) which shall specifically be approved by the County Executive Office/Office ofRisk Management. TENANT shall be responsible for reimbursement of anv deductible to the insurer. The policy or policies of insurance must be issued by an insurer licensed to do business in the State of California (C'aliforma Admitted Carrier). Minimum insurance company ratings as deterrnincd by the most current edition ofthe Best's Key Rating Guide/Prop rty-Casualty`'Unitcd States or ambest.com shall be "A-" (Secure Best's Rating) and "VII[" (Financial Sire Category). County Ixeceltive Office./Office of'Risk Management retains the right to approve or reject carrier after a review ol*the company's performance and Iinancial ratings if it does not meet the above standards. Sp)'-' Al',a Dive Channel (F( [-!29552) I -'"' Stec i nan le [ ease (RIN IQ.29-1 08,1 20C-9 'Cite policy or policies of insurance maintained by the TENANT shall provide the minimum limits and coverages as set forth herein below: C -0- eTa: e Commercial General Liability, to include Broad Forth Property Damage Endorsement and Contractual Liability Automobile Liability, including all owned and hired vehicles Workers' Compensation Employer's Liability Minimum Limits $1,000,000 combined single limit per occurrence $2,000,000 aggreggate S 1,000,000 combined single limit non-owned per occurrence Statutory Requirements 1,000,000 per occurrence Insurance shall be in force the first day of the terns of this Lease. Except as netted, each insurance policy required by this Lease shall include the following provisions andlor endorsements: A. Cancellation: This insurance shall not be cancelled, Limited in scope of coverage or non-renewed until after 30 days' written notice has been given to the Director. If an endorsement with such cancellation provision cannot be provided, the pre-printed ACORD certificate must be edited as follows to provide; for an unconditional 30-day notice of cancellation: "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 131 FORE TI IE EXPIRATION DATE I-HEREOF, THE ISSUING COMPANY" WILL f iat"VO TO MAIL 30 DAYS' WRITTEN NO'T'ICE TO THE CERTIFICATE" HOLDER NAMEIa TO THE LEFT. -PA-41' NO OD I U-1 A 0 R_1,-l-r'V Pir rrv nr~ h I?t ,.II.,I -TES l ' II I I# lt3TIOF SkIAI L..II II?95E r~? r sure r rr_rr r^narn,??ru t~rc? ?r`x:?=-a' nra r?r:cr;???r "• 13. Additional Insured: "Orange County Flood Control District and the County of Orange are added as insured as respects operations of the named insured. at or from the Premises occupied and used by the named insured pursuant to that certain Lease issued by the Orange County Flood Control District." An additional insured endorsement evidencing that Orange County Flood Control District and County of Orange are additional insureds shall accompany the Certificate of Insurance. (Additional Insured Indorsement not required for .Property, Worker's Compensation and Employers' Liability.) C. Primary Insurance: "It is agreed that any insurance maintained by the Orange County Flood. Control District and County of Orange will apply in excess of, and not contribute with, insurance prov=ided by this policy." An endorsement evidencing that the T NANT S insurance is primary and non-contributing shall accompany the Commercial General Liability Certificates of Insurance. (Primary Insurance Endorsement only rqq rs d for Commercial General Liability.) D. Waivw.r of Subrogation: "All rights of subrogation are hereby waived against the Orange County Flood Control District and County of Orange and members of the Board of Supervisors, its elected and appointed officials, officers and employees, when acting within the scope of their appointment or employment." A waiver of subrogation endorsement: with such language shall accompany the Certificate of Insurance. Sawa Ana River Channel (3 € I-Tti 21 I-." Sireet Triangle I-ease ( i2Fv IO_N.2()W) 6 20C-10 E. Loss Payee: "It is further agreed that if property insurance is included on the attached certificate, the Orange County Flood Control District shall be the loss payee on this policy. (boss Payee Endorsement required for Property.) T[ [IS 1.I ASI StIAI,1, At!'1 OMt\'l'ICAI,I.Y '1'1?R'vIINA'1'1; AT TI IF SAME TIME THNANT'S INSURANCE COVERAGE IS'1'ERMINATE.D. 11; WITHIN l() DAYS AFT R TERMINATION UINDER THIS C LALTS1, TENANT OBTAINS AND PROVIDES EVIDENCE OF THE REQUIRED INSURANCE COVE RAGE ACCEPTABLE TO DIRECTOR, THIS LEASE MAY BE REINSTATED, Kr THE, SOLE DISCRETION OF DIRECTOR. IF RI INSTATI D, 'I'ENAN'I` SIIA.I.I., PAY $200 TO COVER TI IE PROCESSING COSTS INCURRED BY DISTRIC'T'. TENANT agrees that TENANT shall not operate on the Premises at any time the required insurance is not in full force and effect as evidenced by a certificate or official binder being in the possession of Director. In no cases shall assurances by FENANT, its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. TL NANI' also agrees that upon cancellation, termination, or expiration of TENANT'S insurance, that DISTRICT may take whatever steps are necessary to interrupt any operation from or on the Premiscs until such time as the Lease is reinstated by the Director. TENANT further agrees to hold DISTRICT harmless for any damages resulting from such interruption of business including but not limited to damages resulting from any loss of income or business resulting from DISTRICT'S action. Director expressly retains the right to require TENANT to increase or decrease insurance ofany of the above insurance types throughout the, term of this Lease.. Any increase or decrease in insurance will be deeme-d by County of Grange Risk Manager as appropriate to adequately protect DISTRICT. Director shall note fy 'T'ENANT. in writing of changes in the insurance requirements. If TENANTdoes not deposit copies of acceptable certificates of insurance and endorsements with DISTRICT incorporating such changes within thirty days of receipt of such notice, this Lease Agreement may be in breach without further notice toTENANT, and DISTRICT shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit T'ENANT'S liability hereunder nor to fulfill the indemnification and hold harmless provisions and requirements. TENANT liability is limited to the availability of the insurance in the marketplacc at the time the Lease is executed by DISTRICT. Ih. ASSIGNING, SUBLETTING, AND ENCUMBERING PROHIBITED (PME73S) Any mortgage, pledge, hypothecation, encumbrance, transfer, sublease, sublease amendment, or assignment (hereinafter in this clause referred to collectively as "Encumbrance") of TENANT'S interest in the Premises, or any part or portion thereof, is prohibited. Any attempted Encumbrance shall be null and void and shall confer no right, title, or interest in or to this Crease.. If the TENAN'T' hereunder is a corporation or an unincorporated association or partnership, the Encumbrance of any stuck or interest in said corporation, association, or partnership in the aggregate exceeding twenty-five percent (25'!0) shall be deemed an assignment within the meaning of this clause. ti:Frt€a Ana River C'I airee': (E ii I -R € Sj2) 17"' Street l'riaalvie I.eww (R1 1' 10.29.2(X)8.) 20C-11 17. 1IAZARDUUS MATERIALS (PMF9.1 S) A. D f inition of I lazardous :Materials, For purposes of this Lease, the term "Hazardous Material" or "Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or waste which is or shall become regulated by any governmental entity, including, without limitation! DISTRICT, acting in its governmental capacity, the State of California, or the United States government. B. Use of Hazardous Materials. TENANT or TENANTS employees, agents, independent contractors or invitees (collectively "TENAN'r Parties") shall not cause or permit any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed of on, under. from or about the Premises (which for purposes of this clause shall include the subsurface soil and ground water). Notwithstanding the foregoing, TENAN r may, subject to Director's prior written permission, keep on or about the Premises small. quantities of Hazardous Materials that arc used in the ordinary, customary, and lawful cleaning of and business operations on the Premises. Said permitted Hazardous Materials shall be stored in a safe location and shall be disposed of in a planner provided by law. C. TEN,;?N` ` Obligations. If the presence; of any Hazardous Materials on, under or about the Premises caused or permitted by TENANT or, ENAN`I' Parties results in (i) injury to any person, (ii) injury to or contamination of the Premises (or a portion thereof), or the Flood Control Channel, or (ii) injury to or contamination of any real or personal property wherever situated, TENANT, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the Premises and/or the Flood Control Channel to the condition existing prior to the introduction of such Ilazardorrs Materials to the :Premises and/or to the Flood Control Channel and to remedy or repair any such injury or contamination. Without limiting any other rights or remedies of DISTRICT under this Lease, °I ENANT shall pay the cost of any cleanup or remedial work pcrl:ormed on, under' or about the Premises as required by this Lease or by applicable laws in connection with the removal, disposal, neutralization or other treatment of such Hazardous Materials caused or permitted by TI NANT or TENANT Parties. Notwithstanding the foregoing, TENANT Shall not take any remedial action in response to the presence. discharge or release, of any I-lazardous /Materials on, under or about the Premises caused or permitted by TENANT or TENANT Parties, or enter into any settlement agreement, consent decree or other compromise with any governmental or quasi-governmental entity without first obtaining the prior written consent of DISTRICT All work performed or caused to be performed by TENANT as provided for above shall be done in good and workmanlike manner and in compliance with plans, specifications, permits, and other requirements for such work approved by DISTRICT. D. Indolninification for Hazardous Materials. To the fullest extent permitted by law, TENANT hereby agrees to indemnify, hold harmless, protect and defend [with attorney(s) approved in wntinsg by DISTRICT] DISTRICT and County, their elected officials, officers, employees, agents, and independent contractors and the Premises, from and against any and all liabilities, losses, darnages (including, but not limited to, damages for the loss or restriction afuse of rentable or usable space or any amenity of the Premises or damages arising from any adverse impact on marketing and diminution in the value of the Premises), judgments, fines, demands, claims, recoveries, deficiencies, costs and Sans Ana River (I wni ?3 rj2) -` Strut Vrian It i L?,OW \' 10.29-104)8) 20C-12 expenses (including, but not limited to, reasonable attorney fees, disbursements and court costs and all other professional or consultant expenses), whether foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation, storage, treatment, on or off-site disposal or transportation of Hazardous Materials on, into, from, under or about the Premises by TENANT or ,rE?NANT parties. The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean-up or detoxification of the Premises and/or the Floooi Control Channel and the preparation of any closure or other required plans. 18. BEST MANAGEMENT PRACTICES (PMF 1 1.2S) TENANT and all ofTENANT'S, subtenants, agents, employees and contractors shall conduct operations under this Lease so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but arc not limited to curbs and gutters that are pail of the street: systems ("Storcriwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbor;, bays and oceans). The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge El I inination System permits ('"Stormwater Permits") to the County of Orange, and to the Orange County Flood Control. District and cities within Orange County, as co-penmittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff rom areas within the County of Orange, including the Premises leased under this Lease. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. To assure compliance with the Storunwater Permits and water duality ordinances, the County Parties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (BMPs) that parties using properties within Grange County must adhere to. As used herein, a BMP is detincd as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the County's 111' in the form of Model Maintenance Procedures and BMP Fact Sheet (the Model Maintenance Procedures and BMP Fact Sheet contained in the DAMP/LIP shall be referred to bereinafter collectively as "BMP Fact Sheet'") and contain pollution prevention and source control techniques to eliminate non-stonn water discharges and minimize the impact of pollutants on stormwater runoff. BMP Fact Sheet that apply to uses authorized under this Lease include the BM.P Fact Sheet that are attached hereto as Attachment C. These BMP Fact Sheet may be modified during the term ofthe Lease, and Director shall provide TENANT with any such modified BMP Fact Sheet. TENANT, its subtenants, agents, contractors, representatives and employees and all persons authorized by TE;NA T to conduct activities our the Premises shall, throughout the term of this Lease, comply with the BMP Fact Sheet as ' 4nta Ana River t 11nnel (1.01-R 1552) I-` Street'lriangfe _ettsetRFV 1012914XIX) 9 20C-13 they cxiSt now or are modified, and shall comply with all ether requirements of the Stormwater Permits, as they exist at the time this Lease commences or as the Storinwater Permits may be modified. °TI,NANT agrees to maintain current copies of the BMP Fact Sheet on the Premises throughout the term of this Lease. The BMPs applicable to uses authorized under this Lease must be performed as described within all applicable BMP Fact Sheet. TENANT may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheet. Any such alternative BMI's shall be submitted to the Director for review and approval prior to implementation. Director may enter the Premises and/or review TENANT'S records at any time to assure that activities conducted on the Premises comply with the requirements of' this section. TENANT maybe required to implement a self-evaluation program to demonstrate compliance with the requirements orthiw sect.ion_ 19. INDEMNIFICATION (N) TENANT acknowledges that the Premises is adjacent to the Flood Control Channel and that the Premises is subject to all hazards associated therewith including, but not rianited, to noise, dust.. overflow and rapid and potentially dangerous increases in the volume of water in the Flood Control. Channel during storm events. TENAN`1' on behalf of itself, its assigns, and successors in interests agrees to assume all risks, financial or otherwise, associated therewith, including but not limited to,. destruction of its improvements or facilities, acrd./or interruption of business operations, special events or recreational activities conducted on the. Premises, loss of personal property and °or injury or death to third persons. invitees, guests and agents of TENANT. I'l?NAN"I further agrees on behall'of itself, and its assigns and successors in interest, to indemnify, defend with counsel approved in writing by DISTRICT, release and waive all claims and recourse against DISTRICT' and County. ("DISTRICT Indegnnitees") including the right of contribution for loss or damage to property or injury or death of third persons, invitees, guests and agents of TENANT arising from, growing out of or in any way connected with or related to DISTRICT'S adjacent Flood Control Channel and flood control operations and/or related to the fact that said Premises may be subject to flooding, overflow conditions. dust, noise, vibrations, and/or arising from or growing out of or in any way connected to TENANT'S use of the Premises fur public recreational uses, except claims arising from the concurrent active or sole negligence of'DISTRICT or District Indemnitees, their officers. agents. employees and contractors. TF.'NANT shall also indemnify. defend with counsel approved in writing by DISTRICT, and hold DISTRICT Indemnitees, their respective elected and appointed officials. officers, employees and agents harmless from claims f'or penalties, liabilities. damages or losses resulting from claims or court actions directly or indirectly attributable to any damage or injury to persons or property by reason of acts or ornissions of Tf NAN`I' in exercising any of the privileges herein granted or in consequence thereof. The indemnity provided by 'fl?NANTin favor of DISTRICTand County in this paragraph. shall not require payment as a condition precedent. Sawa Ana River Claaaanel(li()I-Ra55') iT" Sanort Tri,an.JV Lease jRJ:V 11).Jsi?11t1C) 10 20C-14 The foregoing indemnity shall survive termination of this Lease. and in addition to any other rig>hts or remedies which DISTRICT may have under law or under this Lease. 20. NOTICES (PM 10.1 N) All notices, documents, correspondence, and communications concerning this Lease shall be addressed as set forth in this para{nraph, or as the parties may hereafter designate by written notice, and shall be sent through the Unitcd States mail, with postage prepaid. Any such mailing shall he deemed served or delivered forty-eight (48) hours after mailing. Each party may change the address for notices by giving the other party at least ten (1.0) calendar flays prior written notice of the new address. ;Notwithstanding the above, either party may also provide notices, documents, correspondence, or such ether communications to the other by personal delivery, or facsimile and, so given, shall be deemed to have been given upon receipt if provided by personal delivery or facsimile. To DISTRICT: Orange County I;lood Control District c/o OC Public. Works/Real Estate Services P.O. Box 4048 Santa Ana, CA 92702-4048 To TENANT: City of Santa Ana c/o Parks, Recreational and Community Services Agency P.O. Box 1988 Santa Ana, CA 92702 Attention: Ron Ono 21. GENERAL CONDITIONS This Lease includes the General Conditions, attached hereto as Exhibit D and by this reference made a part hereof. /s Santa :''Ana Rimy l`liar?i.ei (f:€:?-R I552) strcc["'s'flanplc[eas:l€tI=V 10.29.2WK) 20C-15 IN WITNESS WHEREOF, the parities have executed this Lease the clay and year first above written. Tf,,NANT CI'T'Y OF SANTA ANA a municipal corporation By: ___ City Mayor By: City Clerk APPROVED AS TO FORM: City or Santa Ana Attomey By: Date: J ,tale River Channel {1101-?R1552) ' Street Triang.lc I case dKIN !t?.?I).2£}K.) 20C-16 DISTRICT ORANGE COUNTY FLOOD C°ONTRO€.. DISTRICT, a body corporate and politic By: Chair of the Board ofStIPM'isors Orange County, California Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec. 25103, Reso 79-15-35 A TTEST- Darlciic .l. Bloom Clerk of the Board of Supcm isors Orange County, Califbmia APPROVED AS TO FORM: Office; of the County Counsel Orange County, California By: Deputy Date: Santa Asia KEvsrChauriel ( IS01-It t352) 1'3'' Strul'Friangic I case (rv;v 1!)_29.20(119.1 20C-17 EXHIBIT A PREMISES LEGAL DESCRIPTION 20C-18 That portion of the southwest quarter of Section 2, Township 5 South, Range 10 West, in the Rancho Las Bolsas, city of Santa Ana, county of Orange, State of California, per map recorded in the book 51, page 12 of Miscellaneous Maps, in the office of the County Recorder of said county, described as follows: Beginning at the intersection of the centerline of 17th Street with the easterly line of said Rancho Las Bolsas; thence North 89° 49'24" West, 579.35 feet along said centerline; thence North 0° 10' 36" East, 52.77 feet; thence North 35° 43' 01" East, 736.78 feet; thence North 44° 14' 29" East, 303.57 feet; thence North 35° 43'01" East, 48.04 feet; thence North 36° 44'23" East, 42.47 feet to the northwesterly prolongation of the northeasterly line of the land described in the deed to Towner Manufacturing Company recorded March 13, 1946 in book 1399, page 362 of Official Records in the office of said County Recorder; thence Southeasterly along said northeasterly line and its northwesterly prolongation to the easterly line of said Rancho; thence Southwesterly along the easterly line of said Rancho to the point of beginning. EXCEPT therefrom those portions as conveyed by deeds recorded in book 1161, page 364, book 1399, page 362, book 1635, page 494, and book 7978, page 33, all of Official Records in the office of said County Recorder. ALSO EXCEPT therefrom the southerly 54.00 feet of said land. PREPARED UNDER THE SUPERVISION OF: ???v? J ? ?RTf\ 1017 8 08 N4.5683 L J. MAT TE L.S. 5683 * Exp.9/30/09 ?T?TF OF CAO 20C-19 EXHIBIT B PREMISES I1. LUSTRATION 20Ci-20 Santa Ana Fiver Channel - 17th Street Triangle Lease Lease area: 26,942 SF w yF- TEL ? i ? `? ?« ? r a ? r n F.f rr 1, 10, f r fi( E ' i M h s EXHIBIT C BEST MANAGEMENT PRACTICES FAC'T' SHEETS • IC7 Landscape Maintenance • IC l O Outdoor Loadin<> Unloading of .Materials • R-S Disposal of"Pet Wastes • SD-10 Site Design & Landscape Planning • SD-12 Efficient Irrigation • SD-32 Trash Storage Areas • WM-5 Solid Waste Management 20C-22 IC7, LANLS,-A E MAINTENANC Best Manage"'ent Practices (B Ps) ">v 'he quality Of Tha a...? cu, ;red in t P f i rosi or trrairi~g is Bey 'o _ frnplernentptnn r. ; Ot :',is fa,,. shoe` target 'he rd;icvvi-g 4r 't$ NAGE 1ENT ?RACTICES *t procedures for z",, medium, and I- E, Priust SL Ct J a.. rite. VFi?b.. o. ... G. -?. _F . to w ??.'. .. aste- Sp dv;ii 733 mNSW:'f i a%.2 St tands^a;,:? maintenance requirements. it pfa ,. na"Nee es E . are c t r1ine x,, be repuir._ ?_ •?; -nWr,,r,, nev;vegetati,r, F c 3 , r s.. _ yes, shrubs; and c,1undco;re ,-s. -ipuess.it ....., .... (" XerICpolCir... wastes, • ? v?35C,?, .. fE " : ' S ?terns . . . .. . . , . Y' -. ... _.... ? ?.. ;.:Baed mater;al away fro f,i inlets, and Lerm 7 p 3. Ue gnat ci .:i l vt Cr?stt rt comroi measures on exposes sciiu. 20C-23 4. Properly n,anaga irriG<ition ,rd runoff sn ;x. eider; Oc - f r r.' of 'ray be broken, wce,Sider .. . , f ov" ;o ?k a u. preps t r: dispose .,t hernicais. pesticide pro ,.cts w;Ih u darce frost, the oca1 fire departr,ent <nsu tat. grope' :`cdeax,, erici rus_ govern g the storige aid d,s, c sal of _ .. ? . _ rf es co f, ? i l at vis0rs. the job, AvDid t.se -,de no, th,? ioh bov&? nl3? . 1-1 Z r7 hers. ?•..Cdes, "hid Prope S c-, • and Icxa Ia.,j"a r` rPi the aSw. S r 4i r p?5a1 a-f T 'r ing p, ?;ed jra the d;.rnpec, or ... . . :? feni°€xar d a., these ihra,ass oys; 1; hirr 20C-24 Mcorp € e fC;;- u!ng integrated pest marzge ernt techniques where appropriate: _ ,e ?n sc, r: d?SaCtS _ .. ... _ _ ._ _.. .. _ _ ... . .? ?.. . .? bvsruft ??Iaa . _ ..,.. ,.?. _... , ,'.'G' . . 1E 'gar3rr . _ .. .. . ... ryry 3?"a Mantis. .. .. .. ?- , J , ... .. .., o.. ?s. tai uw `r ...` s ... ., i 'S 50( ' sti, Trainlig t, Train employees on these EMPs, storm water discharge prohibitions, and wastewater discharge requirements, 2. Educate and train ampic-yees on the use of pesticides and pesticide application techniques. Only e- oyces grope ; trained to use pesticides can apply them. v. Trw;n "-d ?ara,;e eM-; ;)gees t-, ,rsc, integr, ed c s' ?Panagenienttechniques, r i Dm_.- gas c) , ship ccrtairrner. ; u c ;an€.F s ac:_ iartra nin9 sc}iedule, :rain all new e,mpsoy?es, and conduct annual refresher :eat ling IN or sirna ar method to document t: iin ng, tenc'',st? is References i"Nersa l" :nib ?x-. .i„a"'o, nagernes i Vr - w F3_. _' n55J ?_ -? an ABSC,t,la ? . ? ?:tes for -t_, r:: ?h 1? ..Jtk r? COT . _ .? i .J 'J. '- ,r o, . ,1adSty 14, 1A twus L ACf. 20C-25 c - mation contact: C :?al Resources 20C-26 i010. U i C-O R LOAD IN IUNLOADING OF MATERIALS East Maragement Practices (1Ps) prove the X v? man Ee, . T i, r are outlin ',Tie 3 € tvr ?r xiCE ?: r _=OyOe r !SK? +-?.et ?€wta #dllt?wn?? 3perlvd-cinn ; ?--a .i! 5, ~;: oading areas to prevert stcr n water runon, runoff of spills, etc. a s tc :,r=?Ven(.. `.Od t?.? 2. Park ve _. 5 v cc ,duct 'oadinglunloading or'f "r s ;;hated loading/unloading areas so ,.,at s a S car, be .untained. 3. C'ean , oadi rtd areas regularly tr- remnE,a potential sources of pollutants. 'tis n lodes cohered a ;r,`'l=wraterials. 4• Reap { 'r atenals to rain 0 5 ,gs, or wets t ac E to &ndo :1? 5. Use drip pans u Berne .t, . se and o '7,c connections and of per ev""-prone spots :,.nng liquid transfer operations, and v?>, an making and breaking connections. 20C-27 a. Inspect equ:-:reent regular y _ ;,.ons Ne party : CfIeLC . `rehi es t; I... 14G ]f possible, col,u.,ctlcadingandunloading i! drytvcather. t sal ,.-:g Train employees or, these BMPs, storm water discharge prohibitions, and wastewater discharge requirements. 2, r % r. employees on properspiid containment and cleanup. ro.:d e rpvyo ,itl1 tie pr; per trios and l t rl..;'i iy _.t .. ur . • _ .: s ar y r .:fth "Me s;;v , SO -or ;.^i pia -:)ill 3, ; rain employees on thu proper techniques a sed M_- ng liquid transfers to avoid leaks and SPITS. 4. T ra f ?'ift operators o the 1roncr loading and unloading procedures, 5. , ? viah a regular training schecu"e; train all new employees, and conduct annual refresher training. 6. Use a training log or similar method to document training. ci s:jrm drains s" S a `. :. f . ?iv'.e sr.urce z Ci' X? s xat. atenc ??, c"" C£ s --.a u _ u., .. _. .a.,. r.. .. _. . , zo ?I fr. ?. _ c r *. c _1 .., fates. L re "t 'July 1908 (Rev %.. . gal >voastai e estern , asni `cu e a or l F s. P,eo _d E" 'h:e Der or c :corral information contact, _t .. WoIjrceti 20C-28 R-5 DISPOSAL OF PET WASTE! 5 The activities outlined in this tact sheet target the following s. P _ C. ... ,.a.. aPC St' %i 4 31 ;A. , 'Was i"ti `? l l el' t?C"""a ?.`r?x.-.-is <lt t'2.'»? d I ..lt' . _? ?. .,. ci i.i3lti"'ec ft 'ea t?L ;4 >s vim ?... . .u...., ..? _,_ P51010iz?. N 1" yr E 7 i l fJ F f L::' (--u' trondies with ai-, in-:- Layer, such is thick pLISH" ..... .. i 471..E 1i' .., ti£t' 20C-29 alv, ?jr i i 1 c': k?ln'zS lit) of ?4vastt. , sv'h se is ,s toxic `,*1hc'e:Sll..t:,:" )4 E'f1 ?A 2..tE' • Pr( ;fit:? T)Ot iI? ;),nl r C.`i tri nta`'heir 1"tR:°oRh an az; a, pot Av;iStl . x ?p ith <la least ihrtI ,f '114.111- o5 i.':7s7 i°"till. * _.. inch it • ?,.. ,;? hat "iCI'7 - Y It c i°; is Prot,rarn 20C-30 Site Design andscape Planning ST-1.0 .?,,?,. i y rt x ?44- 3 hY? x SHOW c. A T." I , *% :9py ? Y i 1u L?SSIC?Ii ??jEr'GtlVeS ? i v?rrl , DescApt i or. } :??a.c?l a.? ?. , . 4u.'.ii : ; ???•elrapn??=?st fll Ii __. _.._ ,. _ .., ? ._.. , t: p rop .t.tt?:,md.,5cap planning Inodlf)doli;,,.t - 0: x.uhn Imt mn W, Cion cO SYai<.If 2?f£ 4L12`:1Ct' . uC'f fi C.'4=7*,iT >::: oi'TIlwi ter. AppToacf -Pniun# goals and proem a ?_.. .. t 17: ,a?,a5sih?l , Imah niz ,_- >:. --. nn! met slopes and channels. lox! stikaW> !-- m4 i>.- iviuh, ._ ?t t(1 is v ..yin ....., . m Suitable Applications Design Considerations DL wn . p.»n 3tmm Rw Oh t._ky an lant ma j :': planning Am-.. < t <F.'lbwn Ppplieuble 01=07k ,>..,, ...a= MY', in Gem_! Mn -€ lam d AS't'n P% F ollth.s. C afifor»ia 5tormwater Quality Association ¦? ?. ?s...,w_ New .J :mvpr . ; . ei . 20C-31 SD-10 site Design & Landscape Planning v1t :.. _; LI?)II P = .11 I.IC1<: cGI J ? 1znit ANT , a_'o Tilt .a71?=)wn",,;t M i171s;e:'E ?t ;31ii?i on }Ie I) 1+?: t? t.'.IE'.<lY}S" iI" IC, ",i.: IIlit, 4. 3 :t t.i7[. x` _.il.cts «I1tt choices b€'t%Vc.I21'eta1 ing, and ?3t'[s t _.3'?{I I'tSt)€ Itt.t 0-: ):ll3i; I<Ji?.? ;c t>tic, land suitatbilIt:v for tlrbar uses. 11ic!.;d ..1(' 1'r:)I;(}1Sin #eII'.. ;r' G,° _ v , 17 ?,. Just. cn : I'vooded sand. -Open urxwooded laud, ..J) es. C"-08101-?). .1;, 4031 S?I1ial"it't-s' for a.i tf EIIy.;,)S; ;a_'s. ? S? c9C?',Ilfe'= I'E°{.har,-:' J, a? ft; ef'SITIC111 CP_. _'J`tcI°t1 if sShoult:',c' sil% . "1 ?II1? Mid asso:+timent is 110 OTTIIV UIC,:` Dut "llso c!dcfi':, '. ,- , tiC.S Cl l or ,.1£Ii' areas to she exlent nu.zu <d _:.lts. Y11"}c `z,L pt, s.11- d c#.,i:.i;,.z J ,? "p nj'ovn1 t}II c ,,s. Cd and portioms !p . s L{?'? 1.It2I1 at ch to 11-1 ' iI.It'd.2t?"I 'r3I'I?!3'.sET1 ;... ;il _._. .)1 :1! LnlEiciltt ;i 311, c ,asc,-,3'It1 i': ! _ it 2wh )$ ttZt"t I? .. ,.ng lot ??:€3P,r7e LEr3tiIt?: -it E -. ) of "o:'es" 1'1411' . 1;,l Ain- to . (f 4??'.tSt ?( .. ,r.'N [t33: than < .,`.'ertILIg ,_ ,,, nfiur ;n Ol!" >S _ ,i _ C for cs' fl( ?.. _'?!Iltl }mss in large p{'A runoff i.-: With MQ With tIiit'tl7l°Etl 1711I.! -i14, 71 .,ll:.',t' ,: 2iS 2?Y3C tZISIs.;f, C.`UI'P, '4)7.,, ; ?IY. . _...._C?i:i Cat 2iwtd,'`, a:I( ;s. TI32;itEllt stream-,, D;:v,,Io )and i"1p:, 20C-32 isnndscpe Planning SD-10 31 ? xr; f ? <a a 3?l{ :l?'. tifl -,.. " IT t C?1SL t.`a; ?.. and } :r ? .,,;lltlr attentiun to the ? '?.. _.. z .... ?. J f.. i. IF !?nf".5sary. locate di't'£'lt)pTricritts w1 l } L .'i :2 1?)t: 1'1()lS` SUIT' ., otollttzl! "o produce r?-Iativvlv i'='C;'Iec!.., q Si+'3ves 1. d Ch?;rlI.c ;; t'iuri?'gfit 1t uhsc7'..t DEs?'(p"? ¦ 1, i"{J':i the tv;- c. ;CS, ¦ A% `ltd l iron. t? a; rdl i"?';?2nm!-, j ;Jo s wifi., nzi,fi"- of- Cla hilt t tlc nalii got<ttim'_ u.` Wlic'kl 4", 3a`sibl":, and ell:.i... "hat P<t'It -f :l Ond d r . ::`ode th" chailt,( i. .ipTt''J? _...:_ ..., .t?.-€)si ,t . bilk `1 iv <'3 t4.3 } ero 31t'#pr( w., ttiblitrtl ilx T)C c„) uc =' also f)ruvidt, 1, (IIMilit" )n al 31'.1 91C, iigl ..1 117JI. xa t allu cie5it-I jYl"xTaciples ..i«i «n c rni 1°ablt! and Rcdev tjj- --z I:'xislit g Installations z,...^.l', .._ ....J .? _._ ? 1tC: L72 e1 rS?ry?'.Ci1 E, i?a ._._ ._., 1i,:3 ?"I. _. ,?. ?? ?'t=.:• _-.,l {i' : 1[)1' , . ;[lid,... 77 i ,1''•? ..::;:.. ,. `;:; tde :1?'tl" ::.; iit)Is.l{'.S, tht,fv 20C-33 SD-10 Site Design . Landscape Planning Ct't . ?.. C o portIlllit) n., £1d S'. ?.: h 1' tiI 011 no "; ma 11311/£ li<?1 ?I"23t1?)13, Other Resources ?1C)2`I$114utt'r iI$3, a.Iifll Nall La.. 1.i.1 wt3rI= tlt4"itIoll Plan Port o San Dietz,Conntv. February 2002. a1 'Slll z €.lz:ert ?sizlz ('0tIf' for (,£> 1, t; csf Oran o-11 -v Flood a:,] the ITz.'{.3Tpt?at<i(d Cities o 0ratl?"sc 1 oil-nt , D t. ? .t[r ,._`.--v Gull 'lince M 1I3u ,I {S): `itor11..vat(i r Qxr 111, (C)it 1'1)1 M(,,asurk's, 00 - -+? r+W? ?rrrr.rrm i i rirrmi i u r _. 20C-34 Efficient Irrigation SCE-1 aescr'sptc r, Igati72r.tG<tE.I211 Apprca&. e Suitable Applications "sident?i':!, cunii io .;,d an Ia:LIh? i,?ll >sE.t? 3It1IIncd Design C?,,nslderations i)esi Irlr , ?? Installations Itr' <?-'r (€tSC ?(7 i' C1C1C't' (,xcvS,5i%.c <, kf 2z Il... ii .lt'.:i 1 I7(? . .. .. '. t? . . 5 ...., ._c ?cip inF_.. rcz Or shutto -,r,- ;If op t2? ?. .? .E SS in ti of l.)IoIim S{)I-ink-.C h'-,k; i . .. ..}dSCa e ; -< .. (',(111 .4---nt w"th Coon v or 4 t `. -'tc'r C01h, I". ... ... Il.,. ?rqt c, :i'25 t1T'< a 3? i"tltl,I7..i?-? ?# 5OA? California Storrnwa#et p uality Assacta[tian 20C-35 SD-12 Efficient Irrigatioln. 1R _. _ t "' 1 kq .... it... th il""s'igzider'7 t? _'." tC,". t '' . k: =A _° of excess _i, t: 111 . t, dw _t ..,, ., dwit:ztgcslwt..... a ?.t f .?. .. ..,;,.IniFi"btiaL1,?j.ll;t',,.t 111"r ii'? ? :c't_:Lh' ii_..? i ti",iti(1Ii. lii11 a-,i..t 4 - =1ati Tant sp (''c! c ;1 - - ..,.,.._._ { _..i -_ as .3't;od chips or hiio in pfiiiY.c : dii£'.hs tllt?i{3s2t " " o--.i..?l cow r to in runoff llt? i;:'1'I1tl' ph,,, sf .11ntehals for thy ._ ? in. accordance o4'idi aniount of i.. " t .....i`1 . and u-- uative plant matt L1her pos iblE ail{ /or i44 1 -:PC. architect f, { `?3)4.. at-A ida cis L a?i .....1't .. n here aprw aprian < ... _.-. nq j a is that i23;nhnize or L'.is,=3inate the use of tc rtili7er or ` ustain C a Empty ...,, . , ,. ,nab Awti e nwtl. I. dtlt`F, IAg i.. n. . Tua1ul. Redeveloi'?i g ';i'4ingInshiHutitrrls Varisws t - Lk.__ stl)idTn'+.iti4 .. a,.ay r:":ant and rl - iI plus ` L MP, MI , t i.:T+ ,.. :c ..... r., It tla .. - `i .i, .h steps outhrll:._._ii A= Quid be Shmned. Other Resources ° Manual Arthe 1.,.rba i ,PiSt'iibumte Alwigl: =n ("'o-kinty .(' Mxn -7 -_n _.., i.l 1, n- t :.i Wwi Plan (.tit--S: IP) Co San i'l -..pit My 0w of :,o, IIow Flan (WQ).1- f» Teti` 'uu tl` oftJian -, . { t +I1t'w t sfrrc ?i..; ...'-orporated CiHes of (?}i`rt.._.c C(;Ilntyj Di<., . CKwAvIN Technical Guit$ance.. Manual l7 t'a2'n"vat.er Qlu = .' C'tril<I{:. ! . ..('n , _ 13 20C-36 Free; Storage Areas SD-32 Design Objectives Description 14•"_Ige c4rv as are rirus 13310 rk-., it tnish t t C,uptu `o 2,rv r' Ist, it's it <: i.a.5ii() f£>r 5ca!ici ?4 aStL° . tc? ... ? °; I .?' .. ;, . "L; e1 Iii:aLa: t:'?` i jy 4 ()`ECi {)I' CIl 15!?.3 c i,i he r't (,m, ire{,,k. 'r gash and € cbri, : 1 i; cilsil? v T. i-er nl .a..7t- $t.}. .7. { Y(?ar iEt'f,f.. „a RI(IS Of .13I'uate Approac€" w.? r VC "D tbCSPMfi('!lW..'A.'kUr(?s required mm°aE _r unotf al._;:)ciatcd Suitable Applications CIA. ?t Design Considerations i tai - 1 :1I J-.A..?} b-,- i 7: ul 4 w w C, ?lieaii': _.) enfi nc.c : thz :11; W I. .... ..-ji'FrE;S.xCtitS. ! r.1rd(,aLs .:;:etc: ?tIL)aa?L i? ;aYYtilcc? iaa <trc<a r. , - ,' „ . !£n?ai Y :.:i.C.f.'iTlt rl. . It . ' ?>Lt i.I" :tic: t i industrial is ? ?a tt D ai L i.:..... 1'S "ior 1(") tilt, ?i"GL`t3C)ti ?lYt €. ((tlI',t1C,' '] IwSt'tf_ ;tii' . it? 1'?' t.. ,e local D"itin, 'ng New dnstallutions 1 aid :irf'it4 4i S1 ??t.lt' ' t'+ .. !t"i ,it n stnxt!.nial or trc;l€n CYii C 'zTtlC7i Y31 M Deli . tr-a il< o ., .,?12k.?" <:. ?'e as SO t'ml drtai cl,? e frt +. and j7s?.i"£^3.7{ Ili 1.:s €iit'(-rte£:t 7011 ` avoid run-can. i hi :;fiat ttt :. ).': JIa . _ Q{/$# California '111ed to stormWater trxlt j orl, of t, a5il. E?n?lety Assaciat(on t C',. SkCr qtr ?i' _ cat 20C-37 SD-32 `gash Storage Areas s lined 1-)tn. c,t' £3sa..a fStL.IS'ii> I' LiLI(t' €f'31hITin,,)f "::Il2TL: t:Iitiit'. 1. ifs; ;4,1t)iS, ,i ".1ii. S, or ttt ich Li € (34 on all tI an !it IY111i:icllt' d- ('f'? ,: £ I7 i !,rc vv from W h ,ck <Iiestti€t? vii impervious stirfr,i_`C' to miIioate spills. ¦ Do i.t t ` A,,,3zc 's!orm .titbits a.1 irlmedial t 7C,:'_'7lty `)I fliC' IniS.i stui'a-e vff(.'a. th it 13:i.tterlals .,i`=,' not io ?;£.' £:11' )('see Post SIj.',: is v-1 "'11 dul zl)stt'. 4 .:t1:tll'1I11I7;k users Redeveloping -.-'Ming Installatimi4 1 (;rea coils t:'w-tioU,siu i21'!l;; c'..UUS Sii..?lz . ThL dsviinition, of ., t3l£)pawl'it" ... 11, , :::1 ainetTient:5 for IleNIV en' ,It)pm i,`_ 4ipj ,.t the dennit; on ;.pplles, the steps ui«tlilie(I lit16e a. !'si ;Ann", now list Additional information that are 4c1bi4`.''•.C. t d:',._ _.i ne, operator. ?`o c Ct? I O'Lher Resources . S1'I.;1)s Los .N.tif,(> L'.`+',...(?t:ii't:?." Ott}T.Iax'.t". tt`I' "'v 1tl- 1t.:C)?1 }plan F. S 7? L? 002. %I t' '<tIi"1 l311 r U ti 't " for S,.!" D. 4,w ;r1 2t. r, Ptzi't Y f ?:ri t,x_'_>• in San t)':d'?'- ?t411`. -li'ti, -v 1.1, 2t")02. ta'i' ftlE` t"Ui:, Ii3t'.' I t)t) Citio's of Orange £i1t?lEri(Y ... :1171C:ctl TYAaeilYla2C('. iii3lili{14)?" tfYil3?1?'ilti'T3J'ul.t;>'C<aI11Ti}> a. v 1. St--'VA 3i lwa 4 _ 20C-38 Solt Waste Management M-5 Description and Purpose i':?.37,;iII fo lt. Suitable Applications t t !or c_ons%i'uction Si%E iaho C, ii * f{`?i( lt`l1'.' ¦ ?."°:..., iii ?`'tr??t r?; ti trec t z t spy, ? s re.?3.,tie?C i Lion ilICIUill Iiiatcria h.,, ¦ ,I{3i.,, !'.i' " ,I `.t;`; l.iclc:!: ;?. 1t,.:?C?1 I'b?Il?=3Ftlti°;? ?.",3t'. _ x,, t '?,. f? cip. .. M :,. '?i , >t(ti im-'111_'?'1g nx)r a' 1t[ sh,rofH7r1m awl i°ial5 i.3(Si,'d :.;i'III,"pol t t,3t. t h: h?SS f' f't3iIS[IIIC:? '3 I`ia ?Itr Objectives Targeted Constituents f Potential Alternatives SOA -AWOrnia Stormwate Quality Association 20C-39 /M-S Solid Waste Management ¦ T';-, .+ { ?;zlig waste,;, ?Ilt,:ludiZ >C?uet'ativt` p imt cnzite.3 iers, c. ,,d pcikii Iir. Limitations Implementation The fnll ?wi-: ` t ":;si %1elp kt'.cp a;i :li 1?: si: Rii;€1 I'Cltlic•l ti £1?7.1?t"i:ttC i pollil i:'3J?: i '.1t you ><--iIi %li cvpt only wat{ ! Ullht € UInj;tC'iLCrS if0l O t' sit1' and repair e1Lii' £li':TT }l5t{ : 't 1: t 11{)} i1 .( T' 3 h;, III '.€}o.,,. , . 0, C'oVe eCi >is' t o in ,i tii;t`.i}ITCjkI.'"ro" ('(}t?tsllT.))Il€'.tft. <I11 .. .', :I1i.1nlb r €) (.',d:.T ti:.Iller Lvith II11S, t?; t . ,''S Ilia'. i'.im be placer! over tile €.d)1;.,.<.,f t 1'elli? C)llt C7z ..'l'I2t li'} s E)f wd;dtx'a ¦ j'?1Fs id,'" il.ttc?tt,€}T3c<? {'€}i'ti$1 .i t"? ,.'".1? i'itlit't'TC'CIi1.i?T1:. i ni;4tia,3 €?1zT'>i2}; tli?'. tl4:illi)llt'i{) i,.'::?:' -,. 1) st, ruc' • t,1 tilt. ?:1 <3uril2 t i "vi12t3>' €•t nditc{)llti. IS ; .)Iid wz ste, P3I'c"?i';?i'3i.?.l' Since £ ros: li?e anal ..t `ices t,, t.: fE , ol'ed l k_. Il??. ;us j ?ti't17iS' ltlk ,tY2."11'-_ulds) .,re aiisn - k ,d of TT) dw j u, stated for kt-.=t ::'kz Tjl= tt31 C1d1 tt'1.. +???ll4t"?IC.?Tti 7t _. L; ,iY.17ater cl llila.n- ca the Ira, , ¦ +,_ le, r ... if ii coat Finer does spill. ! Make, su-,'', t.-.-: tI. 4: uclion wits lc Is collected, rein€a-vedi. al'id 3lispost d t) 4.)Ti1" <?t 111.Ithori'ved IEdueation )q _-C tit <.'£ )C 3F S,,,.<pt.l lllt£'_ dent or re} reselitahve tft.'ersce ati€:i t'nt )rcc proper 91 ...?':i?. t :`$,i:! ... ..1C? :?ilt)t'{1I2:`C?'i)C't(.3£S {>:1 i??CII`:tlttf_i?t:it3T7 dtj i1)I.ltj tt'e1:5EL t1.7.t1 A:til"ltll?€1t)1i. 54ii.StC'. '1lt _. }' c : :['i 4itj}COT7C!'tti.t0i'. {;il +?iic_j iiitj ftYSt'{)tifdl 11011i'ti:S. VV v, , .. .. .. 20C-40 Solid Waste Management w - ¦ T. `3 xi "''s21? k, C.iscu s and rc'IIett .-vd XiIC} C?Ci ITf.S t`227+.."}I I:.z1t:Itt I ltt., f €ef<II° x Requirk, to es wid subcontractors foflov,: solid w-iistc a i'i"C)11If it Htter`n- i'}t en-miloycC,s, StIb('t1 lllctetni'S, rind visit< rs ¦ linim x- prodtictio- 4:it SOIid W") tC lllxltt ri:]iS 1' h 'TTV(-r POSSHAV. Collection. Storage, and Disposal Litter" .Iv: ,-,:l the prgject site shoui{i be prohil)itc£f. r}I s, sI74 of ill C'. !iti)1"I?i in.3l3i1 C' i'S t2"Il, iltt('.;' T21d debris, s'E'ITIi v"c d Y(3?I C:Ii1112<3z,,c .a t,, lh hile"; should be <I )orig. provided in the c.l tntc"or's v,,1rd, flcfli iI°wler x cr is, mid at f?)r l i3r1°,alc periodk. i.l'.te fI'(): l work zl. .T: t-t ( hin the collstru(:` I project Site ShE3 :1.1 bcE collet tcd !'._ ° ulnpster'4.±t kc... _ I,cr wzis 1 Ad not be „lt. ?I4C i)I', the C1,ITI,I t lft4S, t(rIu);,... a 13T?i., 's iont size 1:111(i 11.IL'.}?tP: I t' r;.ro ide(] Rio vo-n nin the .sniid ¦ FT.zll du ;otild ".)c Iemlok{ C1 horn the prt jest -situ .Im; '?t . 2iCl 1)u:;,. ; tit'i? {-)nt'I'aetor. ¦ i'?;r1s quid waste shotllCi heremov(uuort the site I :. 7t . ...?- -.. .......;_Il?.z ,':s.?71{;'t£7 tf.f. 1).,'1. ,.. 1,v s' ored t€'...z:{i"k.C.t„1 t3T F!:T ir'STf"tPib' Ii33I21:l.Sl'. • .dig'?, , .. '(? 'i<: 1'`C l:)I°£`, `E :A :.i '.. L:^, ._ t`lTi, i(ll ,:,d :1€. Ci t s,ih'P? 0- NASolid s,...5.': St(m ?' s-lOllld be located, IQ. ISt5{.) ft 21"L'3I'i7 tt.z,:Il<)z.?! , .I1C? T1"S3tEI :C11: 4f a3:. ..a 7i3'''. n-)t be meat(' in cua C,-tS prone, to flmo iiig, ri-. ; ¦ lc.. .l xv ..-.ilt'T. C'f)Tl mIC[lt.)l7 pl'lililll I ? .' tllcl}C SCCliii'.IL 'wind 32 III ; ti ?ivt€' ic, ¦ Seg E _.. . ?;N_it1<Sfl 1".T?tmrduiis mitt V from mm,-17<I'mrt. ou s C'on'>!ruc.tiun Llste. :Ill ;at _c;:, r .id (u,,d oily. a u ,.,,ds, CUM"!, C{12;'1 ?,nr..`;? ;ro nol, ?z, Cf ()f in 1: W, it for 20C-41 iAjqj-!5 Solid Waste Manage ent mac :, U-2 :l3 < _3 .)fla lnwhnc ,'lb pond n - a : v +, l!t_ _..T ,L.t.. # _ . ( _. ..S(. C 4l a..-ion tAf' Iii packaging nzsOn. ;`" w C,.:._::. I. :nn .. ::7 a 1nks Qum Wnd {:1tv ng .. ,... .. a i. Wr O T". `*?i ?, t'?t^£?h{)il YS H' ass Tnadeh m gra€ .L i was. Ind scrap,- -Ia aisolbereqvlefl. Costs inn C . 15 ew measures. Inspection and Maintenance '! ....".C# i Y,!: 'wt .-At-. BM P,; lre in jAnc.t i)1` or to the WX act Vi h st.' cwiaEted with the UNIT are aIi a'. s Know .ii`;? .. 4J I1t}T3' i:i:lt:tl5V ltE'.T t?15!'?T .t i eli3.iy A'hk n t i..:tit'ate di.scl1eTrges Iei,'LlIa ly, References c€<Tt:.',.l _t.`iods to (Ami Po. M?.tinn WOO. ON, 1.. U iyout'tkm ?E.._._..? A, ' Co(t n st€?Ll( w?}h„la1 ?±h :E"13 al' ..._ uJ3. ._?.);... .r, 0.,7a ., Ot tj?3?IS'lllni,`>tartat on N ovf-m--)Cr 2000, Wfaltr#.r€I? t l 3t'1Gt€i'li7{? +l !'€ g ollution fire-,erntion Plans ITT ctiee7 KTA S,32-R-c1200.5, t ?EPA, April €992. W _ 20C-42 EXHIBIT D GENERAL CONDITIONS 20C-43 GENERAL CONDITIONS (PMGEI.2-29.1) 1. TIME (PMGEI.2 S) Time is ofthe essence of this lease. Failure to comply with any time requirement of this Lease shall. constitute a material breach of this I.-case. 2. SIGNS (PMGE2.2 N) 'TEN ANT agrees not to construct. maintain, or allow any signs, banners, flags, etc., upon the Premises except as approved by Director. TENANT fitrther agrees not to construct. maintain. or allow billboards or outdoor advertising sins upon the Premises. Such signs are prohibited on DIS'TRIC'T` property by Resolutions I°60-23 and F60-65 of DISTRICT'S Board of Supervisors. Unapproved signs, banners, flags, etc., may be removed by Director at TENANT's expense without prior notice to TENANT. 3. PERMITS AND LICENSES (PMC`E3.2 S) TENANT shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the operation of the Premises as set out herein. No permit, approval, or consent given hereunder by DISTRICT, in its governmental capacity, shall affect or limit TENANT'S obligations hereunder, nor shall any approvals or consents given by T)IS1'R1C"I, as a party to this Lease. be deemed approval as to compliance or conformance with applicable governmental codes, laws. rules. or regulations. 4. CONTROL OF HOURS, PROCED[?RES, AND PRICES (PMG4.2 N) 1 ENANT° shall at all times maintain a written schedule delineating, the operating hours and operating procedures for each business operation. on or from the Premises. t.lpon l,vritwn request. TT NAN'T° shall furnish the Director a copy of said schedules and procedures. Should Director, upon review and conference with TENANT. decide any part of said schedules or procedures :is not justified with regard to fairly satisfying the .needs oi'the public. "I"ENANT, upon written notice from Director, shall modify said schedules or procedures to the satisfaction of said Director. TENANT agrees that he will operate and manage the services and facilities offered in a competent and efficient manner at least comparable to other well managed operations of's1milar type. TENANT shall at all times retain active. qualified. competent, and experienced personnel to supervise TENANT'S operation and to represent and act for "TENANT. T NAN°T shall require its attendants and employees to be properly dressed. clean, courteous, efficient, and. neat in appearance at all times. TENANT shall not employ any person(s) in or about the Premises who shall use offensive language or act in a loud, boisterous, or otherwise improper manner. TIlNANT shall maintain a close check over attendants and employees to insure the maintenance of .1 high standard of service to the public. TENANT shall replace any employee whose conduct is detrimental to the best interests of the public. TENANT'S failure to comply with the provisions of this clause shall constitute a serious breach of this Lease and DISTRICT nrav immediately terminate this I-case. S nt.a Anna Rkez C h amwl 0`01-321 5 52) 17th Strcc€'rriamle l.c.ase (RFIV 09.13 (t$) 20C-44 5. LEASE ORGANIZATION (PMGE5.2 S) The various headings and numbers herein. the grouping of'provisions of this I-ease into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. 6. AMENDMENTS (PMGE6.2 S) ']'his I:ease is the sole and only agreement between the parties regarding the subject master hereof; ether agreements. either oral or written, are void. Any changes to this lease shall be in writing and shall be properly executed by both parties. 7. UNLAWFUL USE. (PNIGE7.2 N) TENANT agrees no improvements nor vending machines shall be erected, placed upon, operated, nor maintained within the Premises, nor any business conducted or carried on therein or therefrom, in violation of the terns of this Lease. or of any regulation, order of law. statute, bylaw. or ordinance of a governmental agency having jurisdiction. 8. NONDISCRIMINATION (PMGE8.2 S) TENANT agrees not to discriminate against any person or class of persons by reason of'sex.. age, race, color, cretxt physical handicap, or national origin in employment practices and in the activities conducted pursuant to this Lease. 'L LNAN`I' shall make its accommodations and services available to the public on fair and reasonable terms. 9. INSPECTION (PMGE9.2 S) DISTRICT or its authorized representative shall have the right at all reasonable times to inspect the Premises to determine if the provisions of this Lease are being complied with. 10. HOLD HARMLESS (PMGEIO.2 S) E'NANT hereby releases and waives all claims and recourse against DISTRICT, and County of Orange {"COUNTY") including the right of contribution for loss or damage of persons or property, arising from. growing out of or in any way connected with or related to this Lease accept claians arising from the concurrent active or sole negligence of DISTRICT and/or COUNTY. their officers. agents, employees and contractors TENANT hereby agrees to indemnify, defend (with counsel approved in writing by DISTRICT), and hold harmless, DISTRICT and COUN`T'Y, their elected and appointed officials, officers, agents, employees surd contractors against any and all claims, losses. demands, damages, cost, expenses or liability for injury to any persons or property, arising out of the operation or maintenance of the property described herein, and/or TENANT'S exercise of the rights under this Lease. except for liability arising out of the concurrent active or sole negligence of DISTRICT'. and/or C'01 i*N I'Y, their elected and appointed officials. officers, agents, employees or contractors including the cost of defense of any lawsuit arising therefrom. If DISTRICT or ("()LINTY is/are named as co-dcfendant(s) in a lawsuit. TENANT shall notify DISTRICT cif such fact and shall represent INS TRICT/C01INTY in such legal action unless DISTRICT/C0 I'NTY undertakes to represent itself/themselves as co-defendant(s) in such legal action.: in which event, TENANT shall pay to DISTRIC17COI.IN`1'Y its,/ heir litigation costs, expenses, and attorneys' fees. If judgment is entered against DISTRIC'T'/COO INTY and TE&ANT by a court of'competent jurisdiction because of?the concurrent active negligence of I)TS`I'RIC"T/C'C)tN l ?' and 'I FNANT, DIS'TINC'T` and T£;NANT agree that liability will be apportioned as determined by the court. Neither parr' shall request a jury apportionment. Santa Asia 12 mT C'hanne€ (110I -R1552) l l 17,11 Stiw'Frixigly L,:ase i 12F::V 08,13 08) 20C-45 TENANT acknowledges that it is familiar with the language and provisions of California Civil Code Section 1542 which provides as follows: A general release does not extend to claims rrhich the creditor does not know or suspect to exist in hi.s javor at the time afe-xecuting the release. ivhich, ifknrnrn ht= him, nntst have materiallt q#ected his settlement with the cleblor. Tl NANT, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its provisions to the extent described in this paragraph. 11. TAXES AND ASSESSMENTS (PNIGE11.2 S) This Lease may create a possessory interest which IS Subject to the payment of taxes levied on such interest. It is understood and agreed that all taxes and assessments (including but not limited to said. possessory interest tax) which become due and payable upon the Pretnises or upon fixtures. equipment,. or other property installed or constructed thereon, shall be the full responsibility of'11"NANT, and "l l VANT shall cause said taxes and assessments to be paid promptly. 12. SUCCESSORS IN INTEREST (PY1GE12.2 S) Unless otherwise provided in this Lease, the terms. covenants, and conditions contained herein shall apply to and bind the heirs, successors. executors, administrators, and assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder. 1.3. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (PMGE13.2 S) If hither party shall be delayed or prevented from the performance ol'ruvy act required hereunder by reason of Acts of God. restrictive governmental laws or regulations, or other cause without fault and beyond the control of the party obligated (financial inability excepted), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Ilowes-er, nothing in this Clause shall excuse TENANT from the prompt payment of any rental or other charge required of'IT'NIANT except as may be expressly provided elsewhere in this I:ease. 14. PARTIAL INVALIDITY (PMGEI4.2 S) If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected. impaired, or invalidated thereby. 15. WAIVER OF RIGHTS (PMGE15.2 S) The failure of DISTRIC I' or TENANT to insist upon strict performance of any of the terms, covenauits, or conditions of this Lease shall not be deemed a waiver of'any right or remedy that DISTRICT or ` ENvANT may have.. and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the Lease thereafter. nor a waiver of any rernedy for the subsequent breach or default of any term, covenant, or condition of the Lease. Any waiver, in order to be effective, must be signed by the party whose right or remedy is being waived. Sania Ana River Channel (11"71-R 15 i2 ) n 1 € "ihh SLi ect Trinnele l.cas (RFV {)R.1 ,08) 20C-46 1.6. DEFAULT AND REMEDIES (PMCE1.6.2 :N) A. Events Of Default The occurrence of any one or more of the following events shall constitute a default Hereunder b,. TENANT: 1. The abandonment or vacation of the Premises bit TF-NANI'. ?. ""I He failure by `'ENAN'' to make any payment of rent or any other suns payable hereunder by TENANT, as and when due, where such fGtihlre shall continue fora period of three (3) days after written notice thereof from DIS`T`RICT to TENAN`T'; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required tinder California Code of Civil Procedure Section 1161 et seq. The failure or inability by ' 'I:NANI' to observe or perform any of the provisions of this Lease to be observed or performed by 'FE'NAN' ', other than specified in subparagraphs A.1. or A 2. above, where such failure shall continue for a period of ten (10) days after written notice thereof from DISTRICT to TENANT; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California. Code of Civil Procedure Section 1161 et seq.; provided, further, that if the nature of such failure is such that it can be cured by TENANT but that more than ten (10) day's are reasonably required for its cure (for any, reason other than financial inability), then TENANT shall not be deemed to be in default if TEN ANTshall commence such cure within said ten (1()) days, and thereafter diligently prosecutes such cure to completion. 4. (a) The making by `ITT NANT ofany general assignment for the benefit of creditors; (b) a case is commenced by or against TENANT under Chapters 7. 11 or 13 of the Bankruptcy Code. Title 1 I of the U41ited States Code as now in force or hereafter amended and if so commenced against TENANT, the carne is not dismissed within sixty (60) days of such commencement; (c) the appointment of a trustee or receiver to take possession of` substantially all of TENANT'S assets located at the Premises or of TENANTS interest in this Lease. where such seizure is not discharged within thirty (30) days; or (d) "1-1-NAN"I''S convening of a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts. In the event of any such default. neither this Lease nor any interests of TENANI" in and to the Premises shall. becolne an asset: in any of such proceedings and, in any such event and in addition to any and all rights or remedies of the DISTRIC" 1' hereunder or by law; provided, it shall be lawful for the DIS'T'RICT to declare the term hereof ended and to re;-enter the Premises and take possession thereof and remove all persons therefrom, and `FENANf and its creditors (other than DISTRICT) shall have no further claim thereon or hereunder. !lama Ana Rive, Channel 4 k?.t)1-R1552) i 1 17th street 1'ria::gg1c 1:ea,4c : REV 08.1:.08) 20C-47 B. Remedies In the event of any default by TE-NANT. then, in addition to any other remedies available to DISTRICT at laxv or in equity. DISTRICT f may exercise the following remedies: I . DISTRICT naay terminate this Lease and all rights of `FENANT hereLinder by giving, written notice of such termination to TENANT. In the event that DISTRICT shall so elect to terminate this Lease, then DISTRICT may recover from TENANT: (a) The worth at the time of award of the unpaid rent and other charges, which had been earned as of the date of the termination hereof; (b) Any other amount necessary to compensate DISTRICT for all the detriment proximately caused by'FENANT'S failure to perform its obligations under this Lease or which in the ordinan, course of th ngs would be likely to result therefrom. including. but not limited to. the cost of recovering possession of the Premises, expenses of'reletting, including necessary repair, renovation and alteration of the Premises, reasonable attorneys' fees. expert witness costs. and any other reasonable costs. and (c) Any other amount which DISTRICT may by law hereafter be permitted to recover from I I NANT to compensate DIS" 'RICI' for the detriment caused by= TENANT'S default. The term "rent" as used herein shall be deemed to i c and to mean the annum rent and all other sums required to be paid by TENANT pursuant to the terms of this Lease. All such sums, other than the annual rent. shall be computed on the basis of the average monthly amount thereof accruing during the 24-month period immediately prior to default, except that if it becomes necessary to compute such rental before such 214-month period has occurred. then such sums shall be computed on the basis of the average monthly amount during such shorter period. As used in subparagraph B. L(a) above, the "worth at the time of award" shall be computed by allowing interest at the maximum rate permitted by law. 2. Continue this Lease in effect without terminating TENANT'S right to possession even though "T'E'NANT has breached this Lease and abandoned the Premises and to enforce all of DISTRICT'S rights and remedies under this Lease, at lain or in equity, including the right to recover the rent as it becomes due under this [.,ease. provided, however. that DISTRICT tuay at any time thereafter elect to terminate this Lease for such previous breach by notifying NANT in writing that TENAN] "S right to possession of the Premises has been terminated. Nothing= in this Section shall be deemed to affect TENANT'S indemnity of DISTIUCT liability or liabilities based upon occurrences prior to the tennination of this Lease for personal injuries or property damage under the indemnification clause or clauses contained in this Lease. No delay or omission of DISTRICT to exercise any right or remedy shall be construed as a %? aiver of such right or remedy or any default by T N<ANT here tinder. The acceptance by DIS'FRICT of rent or any other sums hereunder shall not be (a) a waiver of any preceding breach or default by "l'I?NAN°I.* of any provision thereof.. other than the failure of TI?NANT to pay the particular rent or sum accepted, regardless of DISTRICT'S knowledge of such preceding breach or default at the time o! acceptance of such rent or sum, or (b) waiver of DISTRICT'S right to exercise any remedy available to DISTRIC T by virtue: of such breach or default. No act or thing done by DISTRIC T or Santa Ana River Channel (U01-R 1552) V I"'thSL%t:1`Iriaangl,:I'Cam:(RI V (+R 13.091) 20C-48 DISTRICT'S aunts during the term of" this I;ease shall be deen7ed an acceptance of a surrender of the Premises, and no agreement to accept a surrender shall be valid unless in writing and signed by DISTRICT. Any installment or rent due under this Lease or any other sums not paid to DISTRICT when due (other than interest) shall bear interest at the maximum rate allowed by law from the date such payment is due until paid, provided, however, that the payment ol'such interest shall not excuse or cure the default. All covenants and agreements to be performed by TENANT under any of the teens of this Lease shall be pertbrrned by "TI NANI' at TENANT'S sole cost and expenses and without any abatement of rent. If TENANT shall fail to pay any sum of money. other than rent required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, or to provide any insurance or evidence of insurance to be provided by TENANT, then in addition to any other reme di4s provided herein, DIS'TRiCT m.ay, bnt shall not lw- obligated to do so. and vdihout waiving; or releasing TENAN't' from any obligations of'TE'NANT, make any such payment or perform any such act on `IT"NAN'T'S part to be made or performed as provided in this Lease or to provide such insurance. Any payment or performance of any act or the provision of any such insurance by DISTRICT on "TENANT'S behalf shall not give rise to any responsibility of l IS`I`RIC T to continue snaking the same or similar payments or performing the same or similar acts. All costs, expenses. and other gums incurred or paid by DISTRICT in connection therewith, together with interest at the maximum rate permitted by late from the date incurred or paid by DISTRICT shall be deemed to be additional rent hereunder and shall be paid by TENANT with and at the same time as the next monthly installment of rent hereunder, and any default therein shall constitute a breach of the covenants and conditions of this Lease. 17. RESERVATIONS TO DISTRICT (PMGEI.8.2 N) The Premises are accepted "as is" and "where is" by TENANT subject to any and all existing easements and Encumbrances. DISTRICT reserves the right to install, lay, construct, maintain, repair, and operate such sanitary sewers, drains, storm water sewers, pipelines.. matriioles, and connections: water. oil, and gas pipelines; telephone and telegraph power lines; and the appliances and appurtenances necessary or convenient in connection therewith, in, over, upon, through. across. and along the Premises or any part thereof: and to enter the Premises for any and all such purposes. DIS"TRIC"T' also reserves the right to grant franchises, casements, rights of way, and permits in, over. upon, through, across. and along any and all portions of the Premises. No right reserved by DISTRICT in this clause shall be so exercised as to interfere unreasonably with 'TINANT'S operations hereunder or to impair the security of any secured creditor of TENANT. DISTRICT agrees that rights granted to third parties by reason of this clause shall contain provisions that the surface of the land shall be restored as nearly as practicable to its original condition upon the completion of any constructions. 18. HOLDING OVER (P 4[GrE19.2 S) In the event TENANT shall continue in possession of the Premises after- the term of this Lease, such possession shall not be considered a renewal of this Lease but a tenancy from month to month and shall be governed by the conditions and covenants contained in this Lease. Santa Aim Kira C'ha nttcl (E01-421557) vi 17th Sired] rianglc Lcaasr (ltr-I4' 08.1?.t?li) 20C-49 19. CONDITION OF PREMISES UPON TERMINATION (PMGE20.2 S) Except as otherwise agreed to herein. upon termination ofthis Lease, T NAND shall re-deliver possession of said. Premises to DISTRICT" in substantially the same condition that existed immediately prior to TENANT'S entry thereon, reasonable wear and tear, flood, earthquakes, war. and any act ol'war, excepted. References to the "termination of the Lease" in this lease shall include termination by reason of the expiration of the Lease team. 20. DISPOSITION OF ABANDONED PERSONAL PROPERTY (PMGE21.2 S) If T"PNANT" abandons or quits the Premises or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to and left on the Premises fifteen (15) days after such event shall, at 61STRICT'S option, be deemed to have been transferred to DISTRICT-'. DISTRICT shall have the right to remove and to dispose of such property without liability therefor to TI MART or to any person claiming under TE.NANT . and shall have no need to account therefor. 21. QUITCLAIM OF TENANT'S INTEREST UPON 'T'ERMINATION (PMGE22.2 N) Upon termination of this Lease for any reason, including but not limited to termination because 01' default by '1'ENANT", TENANT shall execute, acknowledge, and deliver to DISTRICT, within thirty (0) days after receipt of written demand therefor, a good and sufficient deed or cancellation agreement whereby all right, title, and interest of TENANT in the Premises is gLlitclaimed to DISTRICT. Should TENANT fait or refuse to deliver the. required deed or cancellation agreement to DISTRICT, DISTRICT may prepare and record a notice reciting the failure ofTT NANT" to execute, acknowledge, and deliver such deed or cancellation agreement and said notice shall be conclusive evidence of the termination of this Lease and of all nights of TE. NANTor those claiming under 11'NANT in and to the Premises. 22. DISTRICT'S RIGHT TO RE-ENTER (PMGE23.2 S) f NANT agrees to yield and peaceably deliver possession of the Premises to DISTRICT on the date, of tenmination of this Lease, whatsoever the reason for such termination. Upon giving written notice of termination to TENANT, DISTRICT shall have the right to rc-enter and take possession of the Premises on the date such termination becomes effective without further notice of any kind and without institt€tian of summary or regular legal proceedings. Termination of the Lease and re-entry of the Premises by DISTRICT shall in no way alter or diminish any obligation of 1 I_NANT under the Lease terms and shall not constitute an acceptance or surrender. T1:NANT" waives anv and all right of redemption under any existing or future lave or statute in the event of eviction from or dispossession of the.Premises for any lawful reason or in the event DISTRICT re- enters and takes possession of the Premises in a lawful manner. 23. AUTHORITY OF TENANT (PMGE 24.2 rS) If 1 T NAN`l, is a corporation, each individual executing this Lease on behalf ol'said corporation represents and warrants that he/she is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with the by-lawns of said corporation, and that this lease is binding upon said corporation. ` anta .Ana Rive. Channel (€ O i -R1552) vii 7th Stn t ll°ias,5eic € ewsc (REV 48.13.08) 20C-50 24. PUBLIC RECORDS (PMGEF25.2 S) Any and all written information submitted to andior obtained by ISIS'I'1ZIC'1' from '11 NAN'(' or any other person or entity having to do with or related to this Lease and/or the Premises, either pursuant to this lease or otherwise, at the option of DISTRIC`1 may be treated as a public record open to inspection by the public pursuant to the California Records Act (Government Code Section 6250. etc.) as now in fierce or hereafter amended, or any Act in substitution thereof': or otherwise made available to the public and TENANT hereby waives, for itself its agents, employees, subtenants, and any person claiming by. through or under `l'IN ANT, any right or claim that any such information is not a public record or that the same is a trade secret or confidential information and hereby agrees to indemnify and hold DISTRICT harmless from any and all. claims, demands, liabilities. and/or obligations arising out of or resulting from. a claim by T N ANI' or any third party that such information is a trade secret, or confidential. or not subject to inspection by the public, including without limitation reasonable attorneys' fees and costs. 25. RELATIONSHIP OF PARTIES (PMGE26.2 S) The relationship of the parties hereto is that of DISTRICTanti TENANT. and it is expressly understood and agreed that Dis'l- .ICI' does not in any way or for any purpose become a partner of. or a Joint venturer with `l'ENANT in the conduct of 1 I NAN-l"S business or otherwise, and the provisions of this Lease and the agreements relating to rent payable hereunder are included solely for the purpose of providing a method by which rental payments are to be measured and ascertained. 26. ATTORNEYS' FEES (PM( E28.1) In any action or proceeding brought to enforce or interpret any provision of this Lease. or where any provision hereof is validly asserted as a defense, each party shall bear its own attorneys` fees and costs. 27. VENUE (PMGE29.1) The parties hereto agree that this I.ease has been negotiated and executed in the State of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this lease, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 7194. Furthermore, the parties hereto specifically agree to waive any and all rights to request that an action be transferred [or trial to another county, Santa Ara River 0 iannel (FOI-R1>52) viii 171h.1titte,21 ITittrapie1zz.uc(RI-'NON' 1" 08) 20C-51 20C-52 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: APPROPRIATION ADJUSTMENT AND AGREEMENT WITH ORANGE COUNTY FLOOD CONTROL DISTRICT FOR THE LEASE OF EDNA PARK CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing $400,000 in the Resources - California River Parkways revenue account (no. 161-01- 5373) and appropriating same to the State Resources Agency Grant expenditure account (no. 161-273-6631) for the Edna Park Trailside Rest Area Project. 2. Authorize the City Manager attached agreement with the the lease of Edna Park, on subject to non-substantive City Attorney. DISCUSSION and Clerk of the Council to execute the Orange County Flood Control District for a rent-free basis, for a 25-year term, changes approved by the City Manager and In 1973, the City of Santa Ana entered into a lease agreement with the Orange County Flood Control District on a rent-free basis, which authorized the City to operate and maintain Edna Park, located at 2140 E. Edna Drive, as a public park facility. In 1998, an amended and restated agreement was entered into with the County for an additional 10-year term. As the 10-year agreement has now expired, the Orange County Flood Control District and the City would like to execute a new 25-year lease agreement, which would allow the City to continue in its management of Edna Park. With the support of the Orange County Flood Control District, the Parks, Recreation and Community Services Agency applied for and was recently awarded a $400,000 California River Parkways grant from the State Resources Agency. The grant will allow the City to expand Edna Park with the development of a trailside rest area on the vacant two-acre parcel north of the park alongside the Santa Ana River Bike Trail. A long-term lease agreement is required as a condition of the grant since the City does not own the property. 20D-1 Edna Park AA and Lease Agreement November 17, 2008 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the Resources California River Parkway revenue account (no. 161-01-5373) and the State Resources Agency Grant expenditure account (no. 161-273-6631) by $400,000. APPROVED AS TO FUNDS AND ACCOUNT: ??Cu^ - a"""/ V,.,4 Gerardo Moue Francisco Gutierrez, ,.'- Executive Director I"L-fxecutive Director %/0 Parks, Recreation and Finance and Management Services Community Services Agency Agency 20D-2 EDNA PARK LEASE SANTA ANA RIVER CHANNEL PR03ECT/PARCEL NO. E01-81551 ORANGE COUNTY FLOOD CON'T'ROL DISTRICT (DISTRICT) and CITY OF SANTA ANA (TENANT) 20 20D-3 LE.' SF TABLE OF CONTENTS SEC'T'IONS PAGE R1:C1'T' ?L:S .......................................................................................... DEFINITIONS- ........................................................................................................ ...............1 ? PRT: MISFIS 2 3. I'I?RN'11N 'L'ION OF 11RIOR AGRI-l'l.MI NTS ........................................................... ..............2 4. Ll%'I1 I'A I'ION O TIII I.l AS ?I IO1_I) ............................................................. ...... ..............2 i. t=SI ............................ 2 6. TERM .......................................................................................................................... ..............2 t. THWINATION ......................................................................................................... ..............2 8. RI;N-1 ........................................................................................................................... ..............3 9. CONSTRUCTION AND/OR A1."ITRA"T`ION BY I E'NAN'T` .................................... ..............3 10. MECHANICS 1.11 NS OR S'T'OP-N(Tt(TS .............................................................. ..............3 11. -AS-BU711,1- PLANS AND CONSTRUCTION COSTS ........................................... ..............3 11 CONS"TRUC"TION ANDA)R .<',LTEIRAI`ION BY 1)ISTRIC'l..................... .............. ..............4 13. O'4&'NFRSIIHI OF IMPROV iu1I'.N I`S ....................................................................... ..............4 i4. E.I-IL,IIIES .................................................... 15. MAIN 1 ENANCE OBLIGATIONS OI 11'NAN21 ........................ ....... ........ ............... .............. : I6 INSURANCE .................. 17, ASSIGNING. ;SU131.1°I`FIN6 AND LNCUMI*,RIN(.i PROHIBITED .................... ..............b 18. HAZARDOUS MATERIALS ..................................................................................... ..............8 1{)- BFSt'N-IANA(,It.:NiT,'N'I`I)RA('T'I('I.5 ....................................................................... ..............9 20. INI FAMNIFIC' TION ........................... ................... 21. NOTICES .................................................................................................................... ............1.1 ?2. GENERAL (j)NDITIONS ........................................................................................ ......... I I SI(.;NA I (RI? I'A(: E' - CITY OF SANTA ANA.. .... ............................ ............. ............ 12 SIG-,NA 'I URI PAGE- ORANGI," COL)NTY FLOOD CONTROL DISTRIC ......... ............13 EXHIBITS Premises I.eoal Description .............................................................................................. ..... Exhibit A Premises Illustration...,-, .........._............................................................................................. Exhibit B List o f Permanent Improvements ............................................................................................ Exhibit C Best Manac ement Practices Fact Sheet .................................................................................... Exhibit 1) C7ener al C£)ndil1OnS .................................................................................................................... Exhibit F 20D-4 LEASE 'I'll IS LEASE (Lease) is niade 2009 ("Effective Date"), by and between 0RAN(i1:, C0tJN Y FLOOD CON I`k()I_:.l:)IS"T'RIC1' ", a body corporate and politic, hereinafterrcferred to as "N STRICT." and the CITY OF SANTA ANX a municipal corporation, hereinafter referred to as -r1: ! AN`1'." without regard to number- and gender. RECITALS A.. DISTRICTowns certain real property situated along the westerly border of the Manta Ana River Channel immediately south of- Edna Drive in the City of Santa Ana, as described in Exhibit A and shown in Exhibit B. both oi'which are attached Hereto. 13. I)IS'I'RIC"1' <rrtd 'I ENAN"I' entered into AL)reement ("Agreement") dated January' 15. 1973, wherein the Tl.N 1.N T leased from DISTRICT said Parcel for public park purposes for a period 25 years. C. The Parcel which is commonly known as Edna Park is improved with parking lot, rest area, playground area, irrigation system, landscape (native plants bushes, trees. and sod). park benches, bicycle racks. restroon facility, and paved trail accesses. D. Said property is well suited for continued use as a public park facility and is presently surplus to the needs of DIS"I-RIC T. E. 1)1S'I ltll"1` and I Ir?sI:?N`I' nosy wish to enter into anew 25 year Lease for the Parcel. NOA7. TIII;RI FO ', the parties hereto agree as fellows: 1. DEFINITIONS (I'M A2.1 S) The following words in this Lease have the significance attached to them in this clause. unless otherwise apparent from context: "Board of Supervisors" means the Board Of Supervisors of the County of Orange acting as the governing board of the Orange County Flood Control District. "County" means the Cc}urtty of Orange, a political subdivision of the State of Californ a "Director" means the Director. OC Public Works.. County of'Orange, or designee. "Flood Control Clza€inel" means the Santa Ana River Channel and appurtenant structures located adjacent to the easter'Iy border of the le-tschold premises. 1 a, Arta Rnee < h unnel d it I;?51 } r,dnaPi31 .ease XIA' 20D-5 2. PREMISES (I'MA3.I S) DISTRICT leases to "TI NANI' that certain real property described in Exhibit A and shown on Exhibit B (hereinafter referred to as "Premises") together with the irnprovements listed on Exhibit C:`, which Exhibits are attached hereto and by refc-rence made a part hereof. 3. TERMINATION OF PRIOR AGREEMENTS (PMA4.1 S) It is mutually agreed that this Lease shall terminate and supersede any prior leases or agreements between the parties hereto covering all or any portion of the Premises. 4. LIMITATION OF THE LEASEHOLD (PVIA5.1 S) This Lease and the rights and privileges granted TENANT in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of record, or apparent. Nothing contained in this Lease or in any document related hereto shall be construed to imply the conveyance toTENANT ofrights in the Premises which exceed those owned by DISTRtur, or any representation or warranty, either express or implied, relating to the nature or condition of the Premises or DISTRICT'S interest therein. TENANT acknowledges that `hENANT has conducted a complete and adequate investigation of the Premises and that TEN:AN l* has accepted the, Premises in its "as is" condition. 5. USE (P 131.2 N) "TI NEWT'S use of the Premises shall be limited to the use of the surface as a nn-revenue generating; public park facility with the purpose ofpreserving open space and/or providing a free public recreation facility to be enjoyed and used by all residents of and. visitors to the County of Orange and for no other purpose. TENANT agrees not to conduct or permit to be conducted any public or private nuisance in, on, or from the Premises, or to commit or permit to be committed any waste, including, but not limited to Hazardous Materials (defined in Clause 17), within the Premises, nor shall TENANT engage in or authorize activities within or upon the Premises which are incompatible or interfere with DISTRICT'S flood control activities in on or about the Premises. 'T'ENANT'S use of the Premises for any other purpose without DISTRIC'T'S prior written approval shall cause this Lease and all TENANT'S rights hereunder to immediately terminate upon written notice from Director, and without further action. on the part of DISTRICT. 6. TERM (PMB2.1 N) The term of this Lease shall be twenty (25) years, commencing on the date Effective Date of this Lease. 7. TERMINATION (PVIB3.1 N) Either party may terminate this Lease at any time and for any reason, by giving the other, sixty (60) days' advance written notice. Sa+fiatAnaRI%e ("naimel(L01 R!5>1) f dna Park Lea c (Ri se` 10.2908) 2 20D-6 8. RENT (N) The Premises shall be leased to TENANT on a rent-free basis. 9. CONSTRUCTION AND/OR ALTIERATIUN BY TENANT (PMD2.1 N) No buildings or permanent structures (other than recreational equipment and park benches), improvements, facilities, landscaping, antennas, above ground or underground utility lines or conduits, communications lines, including; telephone and cable lines to be constructed, erected, altered, or nlade within the Premises without prior written consent of Director. All improvements constructed by'CENANT within the Premises shall be constructed in strict compliance with detailed plans and specifications approved by Director. 10. MECHANICS LIENS OR STOP-NOTICES (PMD4.I S) In addition to the responsibilities described in Clause 19 (Indemnification) below, TENAN'T' shall at all times indemnify, defend with counsel approved in writing by DISTRICT, and save DISTRICT and. County harmless from all claims, losses, demands, damages, costs, expenses, or liabilities arising; from mechanics liens or stop notices in connection with the use, construction, repair, alteration.. or installation of structures, improvements, equipment, or facilities by TENANT over, across, within, upon, or under the Premises, and from the cost ofdefending against such claims, including attorney fees and costs. In the event a lien or stop-notice is imposed upon the Premises as a result of such construction, repair, alteration, or installation, 'T'ENANT shall either: A. Record a valid Release of Lien, or B. Procure and record a bond in accordance with Section 3143 or 3196 of the Civil Code, which frees the Premises from the claim of the lien or stop-notice and from any action brought to foreclose the lien. Should TENANT fail to accomplish one of the two actions above within fifteen (15) days after the file of such a lien or stop-notice, this Lease shall be in default and shall be subject to immediate termination. Such termination, however, shall not relieve TENANT from any of its obligations set forth in this Section. 11. "AS-BUIL'T"' PLANS AND CONST'RUCT'ION COSTS (PMD5.2 S) Within 60 days following completion of any substantial improvement within the Premises, TENANT shall furnish Director a complete set of reproducibles and two sets of prints of "As-Built" plans. TENA T shall also furnish the Director with all CLAD data files, which shall be in one of the following software formats: * Micro Station DGN format; :Microsoft Windows based system. AutoC rAD DXF Format; Microsoft Windows based system. {ether (generic DX format; Microsoft Windows based system. Santa rata 2sver Chonnel (1301-RI551) 1'dmt !' k 1 case i RI l 20D-7 :5'uhniission c?f call G ID data, files must he in one (#f the f )11o>vin, rnerdica_foranrats: 0 Compact disc ROOM (read only memory) If the submitted _;eneric DXF format and CAD data files cannot be translated into Micro Station, Auto CAI) UXF format will be required. All CAD files are Wso to be converted to Acrobat. Reader (*.pdf' format), which shall be included on the disks or CD ROM. No other formats are acceptable. Director reserves the right to reject CAD tiles delivered in any other formats not specified alcove. In addition T'ENAN'T', shall furnish Director an itemized statement of the actual construction costs of'such improvernent. The statement of cost shall be sworn to and signed by TENANT or'T'ENANT'S responsible agent under penalty of perjury. TENANT must obtain Director's approval of "As-Built" plans, and the form and content of the itemized statement. 12. CONS'T'RUCTION AND/OR ALTERATION BY DISTRICT (N Except in an emergency found to exist by DISTRICT, if DISTRICT intends to disturb the surface or subsurface of the Premises, then Director shall give TENAN'T' not less than thirty (30) calendar clays' prior written notice specifying the date of` such entry, the duration thereof, and the nature of the work to be performed by DISTRICT. In the event DISTRICT finds it necessary to enter on and disturb the surface or subsurface of the Premises in order to maintain, repair, reconstruct, replace, improve or enlarge DISTRICT'S Flood Control Channel or facilities, DISTRICT'S only responsibility under this Lease shall be to backfill the affected portion of the Premises with compacted earth to the grade of the surrounding property following completion of DISTRICT'S activity. DISTRICT shall have no responsibility or liability under this Lease for restoring improvements owned, constructed, placed or permitted by TENAN ' within, upon, under or above the Premises which by design are disturbed, altered or destroyed as the result of DISTRICT'S planned maintenance, repair, reconstruction, replacement, improvement or enlargement of DISTRICT'S Flood Control Channel or facilities, however, DISTRICT shall endeavor to minimize any damage, disruption or extirpation of any park improvements during such DISTRICT activities. 13. OWNERSHIP OIL IMPROVEMENTS (PlVID6.I N) All improvements and facilities constructed or placed on or within the Premises by TENANT must, upon completion, be free and clear of all liens, claims, or liability for labor or material and at DISTRICT'S option shall become the property of D1STRIC T at they expiration of this Lease or upon earlier termination hereof. DISTRICT retains the right to require TENANT, at TENANT'S cost, to remove any or all of TENANT'S improvemcnts located within, upon, under, or above the Premises at the expiration or termination hereof EI NANT agrees that should DISTRICT require removal of said improvements,. TENANT shall: (1) remove the improvements at TENANT'S cost within sixty (60) days ofbeing notified by DISTRICT, (ii) leave the Premises in a safe, clean, sanitary and sightly condition; (iii) leave any excavated area compacted to ninety percent (90%,) compaction and (iv) replace any erosion control landscaping that may have been destroyed or removed as the result of any of the at'oresaid activities. S., IaAna16;,cr( r*?e@r1f73-8:5;11 i 1'w 1 eu, c 29,03) Q 20D-8 14. I;TILI`I'IES (P1o ELI N) TENANT shall construct, or cause to be constructed, all necessary utility facilities to be used by TENANT within the Premises and shall be responsible for acid pay, prior to the delinquency date, all charges for utilities used by TENANT oil the Premises. 15. MAINTENANCE OBLIGATIONS C)I'"I,ENANT (PM 2.1 N) l ENANT agrees to maintain the Premises and all improvements constructed thereon in good order and repair, and to keep said Premises in a neat, clean, orderly, safe, and sanitary condition to the satisfaction of Director, and in compliance with all applicable laws. 'ITNA:N"r further agrees to provide approved containers for trash and garbage and to keep the Premises free and clear of rubbish, litter and haste to prevent the accumulation of any refuse or waste materials which might constitute afire haz.ard or a public or private nuisance. TENANT shall designate in writing to Director a representative who shall be responsible for the day-to- clay operation and level of maintenance, cleanliness, and general. order. Director shall have the right to enter upon and inspect the Premises anytime for cleanliness and safety. If TENANT fails to maintain or make repairs or replacements as required herein. Director shall notify TENANT in writing of said failure. Should TENANT tail to correct the situation within three days after receipt of written notice, Director may make the necessary correction or cause it to be made and the cost thereof, including but not limited to the cost of labor, materials, equipment, and an administrative fee equal to fifteen percent (15%) of the sum of such items, shall be paid by TENANT within 10 days of- receipt of a statement of said cost from Director. Director may, at Director's option, choose other remedies available herein, or by law. 16. INSURANCE (PME5.1.8 S) TENANT agrees, at its sole expense, to obtain insurancc as required below, and to deposit with Director prior- to the provision of services under this lease, Certificates of Insurance, including all endorsements required herein, necessary to satisfy Director that the insurance provisions of this Lease have been complied with, and to keep such insurance and the certificates and endorsements therefor on deposit with Director during the entire term of this lease. In addition, sub-tenant, or any contractors performing work on behalf of' rI NANT pursuant to this Lease, shall be covered under `l'I NAN'r'S insurance or shall obtain insurance subject to the same terms and conditions as set forth herein for TENANT. All insurance policies required by this Lease, shall declare any deductible or self-insured retention (SIR) which shall specifically be approved by the County Executive Office/Office of Risk Management. TENAN I° shall be responsible for reimbursement of any deductible to the insurer. The policy or policies of insurance must be issued by ail insurer licensed to do business in the State of California (California Admitted Carrier). Santa Ana i i.:r ('hit?t>e? (LOI -R!55; ) F(InaPat%1caw6RFV i0,29a)S 20D-9 Minimtrrn insurance company ratings as determined by the most current edition of the Best's ICc;v R rr auidc/Prepc?ty-Casua.l,tyf`Onited States or ambest.com shall be "A-" (Secure Best's Rating) and "Vill" (Financial Sire Category). County Executive Office/Office or Risk Managcment retains the right to approve or reject carrier after a review ofthe company's performance and financial ratings i f it does not meet the above standards. The policy or policies of insurance maintained by the TENANTshall provide the minimum limits and coverages as set forth herein below: Coveraac Commercial General liability, to include Broad Form Property Damage Endorsement and Contractual I-iability Automobile .Liability, including all owned and hired vehicles Workers' Compensation Fmplover's Liability Property Insurance Minimum Limits $1,000,000 combined single limit per occurrence 532,000,000 aggregate $1,01;)0,000 combined single lirnit non-owned per occurrence Statutory Requirements 51,0:)0,000 per occurrence 1.00% of the Replacement Cost value of al I structures and improvements Insurance shall be in force the first day of the term ofthis lease. Except as noted, each insurance policy required. by this .Lease shall include the following provisions and/or endorsements: A. Cancellation: This insurance shall not be cancelled, limited in scope of coverage or non-renewed until after 30 days' written notice has been given to the Director. If an endorsement with such cancellation provision cannot be provided, the pre:-printed ACORI) certificate must be edited as follows to provide for an unconditional 30-day notice of cancellation: "SHOULD ANY OF TIDE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHI' EXPIRATION DATE TH REOF, THE ISSUING COMPANY WILL, I *I?DxEXVk)R 0 MAIL 30 D 1YS' WRIT t EN NOTICE TO THE CERTIFICATE VOIDER NAMED TO THE LEFT. 13UT I 1 =rrT?a"; i cE r 11a I? I.1 1 r1? 1 JI XHIO N f? r,t RR r rv r?r: rt,N ' #41 N I) (41RON '1 :k?.t , r 1 Efi r'?l I'.. ?lr r? r n? u r t x::A=prt?r " B. Additional Insured: "Orange County Flood Control District and the County ofOrange are added as insured as respects operations of the named insured at or from the Premises occupied and used by the named inured pursuant to that certain Lease issued by the Orange County Flood Control District." An additional insured endorsement evidencing that Orange County Flood Control District and C minty of Orange are additional insureds shall accompany the Certificate of Insurance. (Additional Insured Endorsement not required for Property, Worker's Compensation and Employers' Liability.) Sara Aa River € Cannel t,F OI -(21511 f Edna Par, Lease (RI A' 10.29.00 6 20D-10 C. Primary Insurance: "it is agreed that any insurance maintained by the Orange County Flood Control District and County of Orange will apply in excess of and not contribute with, insurance provided by this policy." An endorsement evidencing that the TENANT'S insurance is primary and non-contributing shall accompany the Commercial General Liability Certificates of Insurance. (Primary Insurance Endorserrent onlyl-e lured for Commercial General Liability.) D. Waiver of Subrogation: "All rights of subrogation are hereby waived against the Orange County Flood Control District and County of Orange and members of the Board of Supervisors, its elected and appointed officials, officers and employees, when acting within the scope oftheir appointment or employment." A waiver of subrogation endorsement with such language shall accompany the Certificate of Insurance. E. Property/Fire Insurance: Tenant shall obtain and keep in force during the terns of"this Lease, All Risk property insurance, covering loss or damage to the structures and improvements for the full Replacement Cost Value. THIS LEASE SMALL AUTOMATICALLY TERMINA`I'I AT TIII; SANIE -I'I1NIF TENANT'S INSURANCE COVERAGE IS TERMINATED. IF WITHIN 10 DAYS AFTER TERMINATION UNDER TFus C:'I.AUSE, TENANT OBTAINS AND PROVIDES EVIDENCE OF THE REQUIRED INSURANCE COVERAGE ACCEPTABLE TO DIREC`OR,11IIS LEASE MAY BE REINSTATED, AT THE SOLE DISCRETION OF DIRECTOR. IF REINSTATED, TENANT SHALL PAY $200 TO C OVFR THF PRO FSSING COSTS INCURRED BY DISTRICT. TENANT agrees that TENANT shall not operate on the Premises at any time the required insurance is not in full force and effect as evidenced by a certificate or official binder being in the possession of Director. In no cases shall assurances by TENAN°.I', its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. TENANT also agrees that upon cancellation, termination, or expiration of TI NANT"S insurance. that DISTRICT ntay take whatever steps are necessary to interrupt any operation f'rom or on the Premises until such time as the Lease is reinstated by the Director. TENANT further agrees to hold DISTRICT harmless for any damages resulting from such interruption of business including but not limited to damages resulting from any loss of%nco ne or business resulting frorai DISTRICT'S action. Director expressly retains the right to require TENANT to increase or decrease insurance of any of the above insurance types throughout the term of this Lease. Any increase or decrease in insurance will be deemed by County of Orange Risk Manager as appropriate to adequately protect DISTRICT. Director shall notify TENANT in writing of changes in the insurance requirements. If TENANT does not. deposit copies ofacceptable certificates of insurance and endorsements with DISTRtcr incorporating such changes within thirty days of receipt of such notice, this Lease Agreement may be in breach without further notice to TENANT. and DISTRICT shall be entitled to all legal remedies. The procuring; ol'such required policy or policies of insurance shall not be construed to limit '14"NANT'S liability hereunder nor to fulfill the inderrmification and hold harmless provisions and requirements. TENANT liability is limited to the availability of the insurance in the marketplace at the time the Lease is executed by DISTRICT. Santa Ana Rw r(`hamw l(1:4) 1-PtiSi1 kfii „ Park Lease (RI V 10.29.f A t 20D-11 17. ASSIGNING, SUBLETTING. AND ENCUMBERING PROHIBITED (PME7.3S) Any mortgage, pledge, hypothecation, encumbrance, transfer, sublease, sublease amendment, or assignment (hereinafter in this clause referred to collectively as "Encumbrance") of l"ENANf'S interest in the Premises, or any part or portion thereof, is prohibited. Any attempted Encumbrance shall be null and void and shall confer no right, title, or interest in or to this Lease. If the 'TENANT hereunder is a corporation or an unincorporated association or partnership, the Encun€brance of any stock or interest in said corporation, association, or partnership in the aggregate exceeding twenty-five percent (25%) shall be deemed an assignment within the. meaning ofthis clause. 18. HAZARDOUS MATERIALS (PMF9.1 S) A. Definition af?laza€dous Materials. For purposes of this Lease, the tern "Ifazardous Material" or "Ifazartloa€s Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or waste which is or shall become regulated by any governmental entity, including, without limitation, DISI"RIC"I', acting in its governmental capacity, the State of California, or the United States government. B. Use of fiazardous;Materials. 1 E.NANT o.r TENANT'S employees, agents, independent contractors or invitces (collectively "TENANT Parties") shall not cause or pen-nit any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed of on, under, from or about the Premises (which :for purposes of this clause shall include the subsurface soil and ground water). Notwithstanding the foregoing, TENANT may, subject to Director's prior written permissiorr, keep on or about the Premises small quantities of Hazardous Materials that are used in the ordinary, customary, and lawful cleaning of and operations on the Premises. Said permitted hazardous Materials shall be stored in a safe location and shall be disposed of in a manner provided by law. C". TENAIV"l- Oblr atic ns. If the presence of any f lazardous Materials on, under or about the Premises caused or permitted by TF..NANT or TENANT Parties results in (i) injury to any person, (ii) injury to or contamination of the Premises (or a portion thereof), or the Flood Control Channel, or (iii) in' jury to or contamination of any real. or personal property wiherever situated, TENANT, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the Premises and/or the Flood Control Channel to the condition existing prior to the introduction of'such Hazardous Materials to the Premises acrd/or to the Flood Control Channel and to remedy or repair any such injury or contamination. Without limiting any other rights or remedies of DISTRICT under this Lease, TENANT shall pay the cost of any cleanup or remedial work perfon-ned on, underor about the Premises as required by this Lease or by applicable laws in connection with the removal, disposal, neutralization or other treatment of such Hazardous Materials caused or permitted by TENANT or TENANT Parties. Notwithstanding the foregoing, TENANT shall not take any remedial action in response to the presence, discharge or release, of any IlazardOLIS Materials on, under or about the Santa Ana RiVff (' t:.nntl (FO I -RI i5: 1?.d, Park I. caw titliv 10,29,08) 20D-12 Premises caused or permitted by ` ENANT or TENANT Parties, or enter into any settlement anreemen_t, consent decree or other compromise with any governmental or quasi-governmental entity without first obtaining the prior written consent of DISTRICT. All work performed or caused to be performed by TENANT as provided for above shall be done in good and workmanlike manner and in compliance with plans, specifications, permits, and other requirements for such work approved by DISTRICT. D. Intle2n,nifcation for Hazardous Ylateriats. To the fullest extent permitted by law. TENANT ' hereby agrees to indemnify, hold harmless, protect and defend [with attorney(s) approved in writing by DISTRICT] DISTRfC`f' and County, their elected officials, officers, employees, agents, and independent contractors and the Premises, from and against any and all liabilities, losses, damages (including, but not limited to, damages far the loss or restriction of use of rentable or usable space or any amenity of the Premises or damages arising from any adverse impact on marketing and diminution in the value of the Premises), judgments, fines, demands, claims, recoveries, deficiencies, costs anti expenses (including, but not limited to, reasonable attorney fees, disbursements and court costs and all other professional or consultant expenses), whether foreseeable or unforeseeable, arising directly or indirectly out of the presence, use, generation, storage, treatment, on or off=site disposal or transportation of Hazardous Materials on, into, from, under or about the Premises by TENANT or TENANT parties. The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean-tip or detoxification of the, Premises and/or the blood Control Channel and the preparation of any closure or other required plans. lq. BEST MANAGEMENT PRACTICES (P11<tF1 1.2S) TENANT and all of rEiNANT`S, subtenants, agents, employees and contractors shall conduct operations under this Lease so as to assure that pollutants do not enter municipal store drain systems which systems are comprised of, but are not limited to curbs and nutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District and cities within Orange County, as co-pen-iittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises leased under this Lease. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. To assure compliance with, the Stortnwater Permits and water quality ordinances, the County Patties have developed a Drainage Area Management Plan (DAMP) which includes a Local Implementation Plan (LIP) for each jurisdiction that contains Best Management Practices (1?MPs) that parties using properties within Orange, County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of'stormwater runoff in a cost effective manner. These BMPs are found within the CoUMV s 1.111 in the Sterna Ana RiVCr 01:1: Mei (N)I-R1551) Perna Park Lcas: (RE 10,19.0s; 9 20D-13 form of'Model Maintenance Procedures and BMP Fact Sheet (the Model Maintenance Procedures and BMP Fact Sheet contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheet") and contain pollution prevention and source control tecluliques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. BMP Fact Sheet that apply to uses authorised under this Lease include the BMP Fact Sheet that are attached hereto as Exhibit D. 'T'hese :BMP Fact Sheets may be modified during the term of the tease; and Director shall provide TENANT with any such modified BMP Fact Sheet. "TENANT, its subtenants, agents, contractors, representatives and employees and all persons authorized by'rENANr to conduct activities on the Premises shall, throughout the term of this Lease, comply with the RMP Tact Sheet as they exist now or are modified, and shall comply with all other requirements ofthe Stormwater Permits, as they exist at the time this Lease commences or as the Stormwater Permits may be modified. TT NX\rr agrees to maintain current copies of the BMP Fact Sheet on the Premises throughout the term of this Lease. The BMPs applicable to uses authorized under this [case must be pcrfon-ned as described within all applicable E3;MP Fact Sheet. fENANI` may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Tact Sheet. Any such alternative BMPs shall be submitted to the Director for review and approval prior to implementation. Director may enter the Premises and/or review TENANT'S records at any time to assure that activities conducted on the Premises comply with the requirements of this section. "rENAN'r may be required to implement a self-evaluation program. to demonstrate compliance with the requirements of this section. 20. INDEMNIFICATION (N) 'T'ENANT acknowledges that the Premises is adjacent to the Flood Control Channel and that the Premises is subject to all hazards associated. therewith including, but not limited, to noise, dust, overflow and rapid and potentially dangerous increases in the volume ofwater in the Flood Control Channel during storm events. TENANT on behalf of itself; its assigns, and successors in interests agrees to assume all risks, financial or otherwise, associated therewith, including but not limited to, destruction ofits improvements or facilities, an(/or interruption of operations, special events or recreational activities conducted on the Premises, loss of personal property and/or injury or death to third persons, invitees, guests and agents of TENAN'r. TENANT further agrees on behalf of itself, and its assigns and successors in interest, to indemnify, defend with counsel approved in writing by DISTRICT, release and waive all claims and recourse against DISTRICT and County, ("DISTRICT' Indemnitees") including the right of contribution for loss or damage to property or injury or death of third persons, invitees, guests and agents of`I'ENAN'T arising from, growing out of or in any way connected with or related to DIS'TRICT'S adjacent Flood Control Channel and flood control operations and/or related to the tact that said Premises may be subject to flooding, overflow conditions, dust, noise, vibrations, and/or arising from or growing out of or in any way connected to TENANT'S use of the Premises for public recreational uses, except claims arising from the concurrent active or sole negligence of DISTRICT or District Indernnitces, their officers, agents, employees ar'd contractors. Santa Ana /kn'ees'( `gar= el IFO €-R1`+jl t.elnci PiJr„ I.easc (H[ V 10,'2Q,08) 10 20D-14 I HNANT shall also indemnify, defend with counsel approved in writing by DISTRICT, and hold DISTRICT Indemnitees, their respective elected and appointed officials, officers, employees and age-tits harmless from claims for penalties, liabilities, damages or losses resulting from claims or court actions directly or indirectly attributable to any damage or injury to persons or property by reason of acts or omissions of TENANT in exercising any of the privileges herein granted or in consequence thereof. The indemnity provided by TENANT in favor of DISTRICT and Cminty in this paragraph. shall not require payment as a condition precedent. The foregoing indemnity shall survive termination of this Lease, and in addition to any other rights or remedies which DISTRICTmay have under law or under this Lease. 21. NOTICES",S (I)M "I f).1 N) All notices, documents, correspondence, and communications concerning this Lease shall be addressed as set forth in this paragraph, or as the parties may hereafter designate by written notice, and shall be sent through the United States mail, with postage prepaid. Any such mailing shall be deemed served or delivered forty-eight (48) hours after mailing. Each party may change the address for notices by giving the other party at least ten (10) calendar days prior written notice of the new address. Notwithstanding the above, either party may also provide notices, documents, correspondence, or such other communications to the other by personal delivery, or facsimile and, so given, shall be deemed to have bccn given upon receipt ifprovided by personal delivery or facsimile. "ro ms'I'mcr: Orange County Flood Control District c.lo OC Public Works/Real Estate Services P.O. Box 4048 Santa Ana, CA 92702-4048 To TENANT: City of Santa Ana c/o Parks, Recreational and Community Services Agency P.O. Box 1988 Santa Ana, CA 92702 Attention: Ron Ono 22. GENERAL CONDITIONS This lease includes the General Conditions, attached hereto as Exhibit E and by this reference made a part hereof. Salta Ana "' ') I -X1551) t ctna Park Lcaic CRIN 10,2 " I 20D-15 IN WITNESS W1IERL'OF, the parities have executed this Lease the day and year first above written. JTNA:NT CITY OF SANTA ANA a municipal corporation By: City Mayo], By: City Clerk APPROVED AS 'I 'O FORM: City oI'Santa Ana Attorney By: Date: Santo Aca ] iiwr t banvo? _R! 551 trot t'3rk ; casc (RIN 12 20D-16 DISTRICT ORANGE' COUNTY FLOOD CON'rRO . D[STRK' , a body corporate and politic ,By: Chair of the Board of Supervisors Orange County, California Signed and certi#ied that a copy of this document has been delivered to the Chair of the Board per G.C. Sec. 25103, Reso 79-1535 ATTEST: Darlene J. Bloom Clerk ofthe Board of Supervisors Orange County, California APPROVED AS TO FORM: Office of the County Counsel Orange County, California By: Deputy Date: Santa Ana River (hamiel (lit}9 -R15ij ) 7 dna Park I ,ase (RJiN 1()._"'#.os 13 20D-17 EXHIBIT A PREMISES LEGAL DESCRIPTION 20D-18 That portion of the southwest quarter of Section 2, Township 5 South, Range 10 West, in the Rancho Las Bolsas, city of Santa Ana, county of Orange, State of California, per map recorded in the book 51, page 12 of Miscellaneous Maps, in the office of the County Recorder of said county, described as follows: Beginning at the southeast corner of Tract 6744 as shown on a map recorded in book 254, pages 22 and 23 of Miscellaneous Maps, records of said county; thence North 34° 48' 00" East 56.55 feet along the easterly line of said tract to the True Point of Beginning, said point being the beginning of a non- tangent curve, concave northwesterly, having a radius of 882.50 feet, a radial line to said point bears South 57° 44'42" East; thence northeasterly along said curve and said easterly line through a central angle of 25° 30' 23" , an arc length of 392.86 feet; thence continuing along said easterly line and its prolongation North 6° 44'55" East 417.48 feet to the centerline of Edna Drive as shown on said tract; thence North 89° 31'45" East 199.57 feet along said centerline to the northerly prolongation of the west line of Lot 64 of Tract 3834 as shown on a map recorded in book 133, pages 13 through 15 of Miscellaneous Maps, records of said county; thence South 0° 36'46" East 235.57 feet along said west line and its northerly prolongation to the most southerly corner of said lot; thence South 34° 49' 37" West 667.51 feet to the True Point of Beginning. EXCEPT therefrom that portion conveyed by deed recorded in book 7748, page 484 of Official Records in the office of said County Recorder. PREPARED UNDER THE SUPERVISION OF: NO. 5683 J. TIN ATE L.S. .,t Exp.9/30/09 ?TgTE OF CAL\ P 20D-19 EXHIBIT B PREMISES ILLUSTRATION 20D-20 1 Santa Ana River Channel - Edna Park Leese 4, Lease area. 89,442 SF ' / lei, Viv ?. .r ?. r` 1 ? r f ? ? 9?ir ff S loof "CA g t C ? .? a IIf1 ? ? , ??CC ?. ?. ? I (? '•Y.' ..r 5? r wr..n ,? r ? x ? µ ,#' yt., ? ?. n ?'^ r dt r, Ap Z_ -..,. r ` `? .tea ? r f t ?.? ? ?.., ?, ter. •`? OOY Jai K 4 40, 4. . '4 x F 20D-21 Project Name: Santa Ana River Project --- Edna Park Lease Project/Parcel No. E01-81551 .Job No.EF03101 EXHIBIT C LIST OF PERMANENT IMPROVEMENTS l . Restroom renovation; -new skylight -new roof -new bathroom doors, sink and toilet replacements -installation of ADA compliant railing, flooring and fixtures 2. New irrigation system (70,000 sq. ft.) 3. Installation of native plants (70,000 sq. it.) 4. Four (4) new light fixtures 5. Five (5) new park benches 6. Two (2) new bicycle racks 7. Equestrian amenities; -One (l) water trough -Two tie posts 10/11/08 20D-22 EXHIBIT D BEST MANAGEMENT PRACTICES FACT SHEETS • IC7 Landscape Maintenance • IC 10 Outdoor LoadinglUnloading of Materials R-5 Disposal of Pet Wastes • ST)-10 Site Design & Landscape Planning • SD-12 Efficient Irrigation • SD-32 Trash Storage Areas • WM-5 Solid Waste Management 20D-23 iC7. LANDSCAPE MAINTENANCE Best Management Practices (BMPs) A BMP is a technique, measure or structural control that is used for a given set of conditions to improve the quality of the stormwater runoff in a cost effective manner'. The minimum required BMPs for this activity are outlined in the box to the right. Implementation of pollution prevention/good housekeeping measures may reduce or eliminate the need to implement other more costly or complicated procedures. Proper employee training is key to the su ccess of BMP implementation. The BMPs outlined in this fact sheet target the following pollutants: Targeted Constituents Sediment x Nutrients x Floatable Materials x Metals Bacteria X Dil & Grease Organics & Toxicants Pesticides X -Oxygen Demanding x MINIMUM BEST MANAGEMENT PRACTICES Pollution Prevention/good Housekeeping • Properly store and dispose of gardening wastes. • Use much or other erosion control measures on exposed soils. • Properly manage irrigation and runoff. Properly store and dispose of chemicals. • Properly manage pesticide and herbicide use. • Properly manage fertilizer use. Stencil storm drains Training • Train employees on these BMPs, storm water discharge prohibitions, and wastewater discharge requirements. Provide on-going employee training in pollution prevention. Provided below are specific procedures associated with each of the minimum BMPs along with procedures for additional BMPs that should be considered if this activity takes place at a facility located near a sensitive waterbody. In order to meet the requirements for medium and high priority facilities, the owners/operators must select, install and maintain appropriate BMPs on site. Since the selection of the appropriate BMPs is a site- specific process, the types and numbers of additional BMPs will vary for each facility. 1. Take steps to reduce landscape maintenance requirements. • Where feasible, retain and,or plant native vegetation with features that are determined to be beneficial. Native vegetation usually requires less maintenance than planting new vegetation. • When planting or replanting consider using low water use flowers, trees, shrubs, and groundcovers. • Consider alternative landscaping techniques such as naturescaping and xeriscaping. 2. Properly stare and dispose of gardening wastes. • Dispose of grass clippings, leaves, sticks, or other collected vegetation as garbage at a permitted landfill or by composting. • Do not dispose of gardening wastes in streets, waterways, or storm drainage systems. • Place temporarily stockpiled material away from watercourses and storm drain inlets, and berm and/or cover. 3. Use mulch or other erosion control measures on exposed soils. ' EPA" Preliminary Data Summary of Urban Stormwater Best Managern ent Practices" 1C." ?.82!'(i;'ii7:>4 ?t<l9 iT?'71:S11Ct; 20D-24 4, Properly manage irrigation and runoff. 0 Irrigate slowly or pulse irrigate so the infiltration rate of the soil is not exceeded. • Inspect irrigation system regularly for leaks and to ensure that excessive runoff is not occurring. • If re-claimed water is used for irrigation, ensure that there is no runoff from the landscaped area(s). • If bailing of muddy water is required (e.g. when repairing a water line leak), do not put it in the storm drain; pour over landscaped areas. • Use automatic timers to minimize runoff. + Use popup sprinkler heads in areas with a lot of activity or where pipes may be broken. Ccnsider the use of mechanisms that reduce water flow to broken sprinkler heads. 5. Properly store and dispose of chemicals. • Implement storage requirements for pesticide products with guidance from the local fire department and/or County Agricultural Commissioner. • Provide secondary containment for chemical storage. • Dispose of empty containers according to the instructions on the container label. + Triple rinse containers and use rinse water as product. Properly manage pesticide and herbicide use. • Follow all federal, state, and local laws and regulations governing the use, storage, and disposal of pesticides and herbicides and training of applicators and pest control advisors. • Follow manufacturers' recommendations and label directions. * Use pesticides only if there is an actual pest problem (not can a regular preventative schedule). When applicable use less toxic pesticides that will do the job. Avoid use of copper-based pesticides if possible, Use the minimum amount of chemicals needed for the job. • Do not apply pesticides if rain is expected or if wind speeds are above 5 mph. » Do not mix or prepare pesticides for application near storm drains, Prepare the minimum amount of pesticide needed for the job and use the lowest rate that will effectively control the targeted pest. • Whenever possible; use mechanical methods of vegetation removal rather than applying herbicides. Use hand weeding where practical. + Do not apply any chemicals directly to surface waters; unless the application is approved and permitted by the state. Do not spray pesticides within 100 feet of open waters. • Employ techniques to minimize off-target application (e.g. spray drift) of pesticides, including consideration of alternative application techniques. • When conducting mechanical or manual weed control, avoid loosening the soil, which could lead to erosion. Purchase only the amount of pesticide that you can reasonably use in a given time period. Careful soil mixing and layering techniques using a topsoil mix or composted organic mate1al can be used as a n effective measure to reduce herbicide use and watering. Properly manage fertilizer use. • Follow all federal, state, and local laws and regulations governing the use, storage, and disposal of fertilizers. * Follow manufacturers' recommendations and label directions. » Employ techniques to minimize off-target application (e.g. spray drift) of fertilizer, including consideration of alternative application techniques. Calibr2te fertilizer distributors to avoid excessive application. • Periodically test soils for determining proper fertilizer use. » Fertilizers should be worked into the soil rather than dumped or broadcast onto the surface, • Sweep pavement and sidewalk if fertilizer is spilled on these surfaces before applying irrigation water. » Use slow release fertilizers whenever possible to minimize leaching W-7 1,aml c;ipc ,%L{ inlcnanc 20D-25 8. Incorporate the following integrated pest management techniques where appropriate: • Mulching can be used to prevent weeds where turf is absent. • Remove insects by hand and place in soapy water or vegetable oil. Alternatively, remove insects with water or vacuum them off the plants. • Use species-specific traps (e.g. pheromone-based traps or colored sticky cards). • Sprinkle the ground surface with abrasive diatomaceous earth to prevent infestations by soft-bodied insects and slugs. Slugs elso can be trapped in small cups filled with beer that are set in the ground so the slugs can get in easily. • In cases where microscopic parasites, such as bacteria and fungi, are causing damage to plants; the affected plant material can be removed and disposed of (pruning equipment should be disinfected with bleach to prevent spreading the disease organism), • Small mammals and birds can be excluded using fences, netting, and tree trunk guards. • Promote beneficial organisms, such as bats, birds, green lacewings, ladybugs, praying mantis, ground beetles, parasitic nematodes, trichogramma wasps, seedhead weevils, and spiders that prey on detrimental pest species. Training 1. Train employees on these BMPs, storm water discharge prohibitions, and wastewater discharge requirements. 2. Educate and train employees on the use of pesticides and pesticide application techniques. Only employees properly trained to use pesticides can apply them. 3. Train and encourage employees to use integrated pest management techniques. 4. Train employees on proper spill containment and cleanup. • Establish training that prov des employees with the proper tools and knowledge to immediately begin cleaning up a spill. • Ensure that employees are familiar with the site's spill control plan and/or proper spill cleanup procedures. • BMP IC17 discusses Spill Prevention and Control in detail. 5. Establish a regular training schedule, train all new employees, and conduct annual refresher training. 6. Use a training log or similar method to document training. Stencil storm drains Storm drain system signs act as highly visible source controls that are typically stenciled directly adjacent to storm drain inlets. Stencils should read 'No Dumping Drains to Ocean". References California Storm Water Best Management Practice Handbook. Industria and Commercial. 2003. www.cabmphandbooks.com California Storm Water Best Management Practice Handbooks. IndustriallCommercial Best Management Practice Handbook. Prepared by Camp Dresser& McKee, Larry Walker Associates, Uribe and Associates, Resources Planning Associates for Stormwater Quality Task Force. March 1993. King County Stormwater Pollution Control Manual. Best Management Practices for Businesses. King County Surface'Nater Management. July 1995. On-line: hftp:ffdnr,metrokc.govl`r4jlr,`dss4cm.htm Stormwater Management Manual for Western Washington, Volume IV Source Control BMPs. Prepared by Washington State Department of Ecology Water Quality Program. Publication No. 99-14. August 2001. W7 kan ;:ape tai=. ica?a 20D-26 Water Quality Handbook for Nurseries. Oklahoma Cooperative Extension Service. Division of Agricultural Sciences and Natural Resources. Oklahoma State University. E-951. September 1999. For additional information contact: County of Orange Watershed & Coastal Resources Stormwater Program {714}567-6363 or visit our website at: www.ocNatersheds.com W" Liiidscape NeNintemmcc 20D-27 IC10. OUTDOOR LOAD INGIU NLOADI NG OF MATERIALS Best Management Practices (BMPs) A 8MP is a technique, measure or structural control that is used for a given set of conditions to improve the quality of the stormwater runoff in a cost effective manner. The minimum required BMPs for this activity are outlined in the box to the right implementation of pollution prevention?good housekeeping measires may reduce or eliminate the need to implement other more costly or complicated procedures. Proper employee training is key to the success of BNIP implementation. The P MPs outliner/ in this fact sheet target the following pollutants: Targeted Constituents Sediment x Nutrients x Floatable Materials ?Metals x Bacteria Oil & Grease x Organics & Toxicants x l Pesticides x Oxygen Demandin MIN[MUM BEST MANAGEMENT PRACTICES Pollution Prevention/Good Housekeepin_a • Park vehicles and conduct loading unloading oily in designated loading."'unloading areas so that spills or leaks can be contained. • Clean load inglunloading areas regularly to rernove potential sources of pollutants. • Reduce exposure of materials to rain • Use drip pans underneath hose and pipe connections and other leak-prone spots during liquid transfer operations, and when making and breaking connections. • Inspect equipment regularly. • if possible, conduct loading and unloading in dry weather, Stencil storm drains Traininc • Train employees on these BMPs, storm water discharge prohibitions, and wastewater discharge requirements. • Provide on-going employee ;raining in pollution prevention. Provided below are specific procedures associated with each of the minimum BIVIPs along with procedures for additional BIAPs that should be considered if this activity takes place at a facility located near a sensitive watemody. In order to meet the requirements for medium and high priority facilities, the owners/operators must select, install and maintain appropriate BMPs on site. Since the selection of the appropriate BMPs is a site-specific process, the types and numbers of additional BIVIPs will vary for each facility. 1. Properly design loadinglunloading areas to prevent storm water runon, runoff of spills, etc. • Grade and/or berm the area to prevent runon. • Position roof downspouts to direct stormwater away from the area. • Grade and/or berm the load inglunloading area to a drain that is connected to a dead-end. • The area where truck transfers take place should be paved. If the liquid is reactive with the asphalt, Portland cement should be used to pave the area. • Avoid placing loading 'unloading areas near storm drains. 2. Park vehicles and conduct loading/unloading only in designated loading/unloading areas so that spills or leaks can be contained. 1 Clean loadinglunloading areas regularly to remove potential sources of pollutants. This includes outside areas that are regularly covered by containers or other materials. 4. Reduce exposure of materials to rain. Cover the load inglunloading areas. If a cover is unfeasible, use overhangs, or seals or door skirts to enclose areas. 5. Use drip pans underneath hose and pipe connections and other leak-prone spots during liquid transfer operations, and when making and breaking connections. i EPA " Prelrmrmary Data Summary of Urban Stormwater Best Management Practices" RAO i nlu<<cittnt c>E' 4l ,iritil 20D-28 6. Inspect equipment regularly • Designate a responsible party to check under delivery vehicles for leaking fluids, spilled materials, debris, or other foreign materials. • Check loading/unloading equipment regularly for leaks. 7. If possible, conduct loading and unloading in dry weather. Training 1.. Train employees on these BMPs, storm water discharge prohibitions, and wastewater discharge requirements. 2. Train employees on proper spill containment and cleanup. • Establish training that provides employees with the proper tools and knowledge to immediately begin cleaning up a spill, • Ensure that employees are familiar with the site's spill control plan and/or proper spill cleanup procedures.. • BMP IC17 discusses Spill Prevention and Control in detail. 3. Train employees on the proper techniques used during liquid transfers to avoid leaks and spills. 4. Train forklift operators on the proper loading and unloading procedures. 5. Establish a regular training schedule, train all new employees, and conduct annual refresher training. 6. Use a training log or similar method to document training. Stencil storm drains Storm drain system signs act as highly visible source controls that are typically stenciled directiy adjacent to storm drain inlets. Stencils should read "No Dumping Drains to Ocean". References California Storm Water Best Management Practice Handbook. Industrial and Commercial. 2003. www.cabmphandbooks.com California Storm Water Best Management Practice Handbooks. Industrial/Commercial Best Management Practice Handbook. Prepared by Camp Dresser& McKee, Larry Walker Associates, Uribe and Associates, Resources Planning Associates for Stormwater Quality Task Force. Parch 1993. Model Urban Runoff Program:. A How-To Guide for Developing Urban Runoff Programs for Small Municipalities. Prepared by City of Monterey, City of Santa Cruz, California Coastal Commission. Monterey Bay National Marine Sanctuary, Association of Monterey Bay Area Governments; Woodward-Clyde, Central Coast Regional Water Quality Control Board. July 1998 (Revised February 2002 by the California Coastal Commission). Stormwater Management Manual for Western Washington, Volume IV Source Control BMPs. Prepared by Washington State Department of Ecology Water Quality Program. Publication No. 99-14. August 2001. For additional information contact: County of Orange Watershed & Coastal Resources Stormwater Program (714)867-+6363 or visif our website at: mAm. ocwate rs h e d s. co m V 10 Cutdoor L, 3a title` ill Ioading ot, `yla,,%rt.,ls 2 20D-29 R-5 DISPOSAL OF PET WASTES Pet wastes left in the environment may introduce solids, bacteria, and nutrients to the storm drain. The type and quantity of waste will dictate the proper disposal method. Small quantities of waste are best disposed with regular trash or flushed down a toilet. Large quantities of wastes from herbivore animals may be composted for subsequent use or disposal to landfill. Pick up after ;Four pet? It's as easy as 1-2-3). 1) Bring a bag. ?) Clean it up. 3) Dispose of it properly (toilet or trash;). The pollution prevention activities outlined in this fact sheets are used to prevent the discharge of pollutants to the storm drain system. The activities outlined in this fact sheet target the following pollutants: Sediment + x Nutrients X Bacteria X Foaming Agents Metals Hydrocarbons Hazardous Materials Pesticides and Herbicides Other 'Ihin-,? before You disposes of any pet wastes. Remember - "I'he ocean starts at -our front door. Required Activities All pet wastes must be picked up and properly disposed of. Pet waste should be disposed of in the regular trash, flushed down. a toilet, or composted. as type and quantities dictate. Properly dispose: of unitised flea control products {shampoo, sprays, or collars). Manure produced by- livestock in. uncovered areas should be removed at least daily for composting, or storage in water-tight container prior to disposal. Never hoses down to stream or storm drain. Composting or storage areas should be configured and maintained so as not to allow- contact with runoff. Compost mcv be donated to greenhouses, nurseries, and botanical parks. Topsoil compan.es and com osting centers may also accept composted manure. Line waste pits or trenches with an impermeable layer, such as thick plastic sheeting. When possible, allow mash water to infiltrate into the ground, or collect in an area that is routed to the sanitary sewer, Confine livestock in fenced in areas except during exercise and grazing times. restrict animal access to creeks and streams, preferably by fencing. For additional information contact: County of 0range, Watershed & Coastal Resources - Stormwater Program (714)567-6363 or visit our vvebsite at: miw.ocwatersheds.com 20D-30 • Install gutters that will divert roof runoff away from livestock areas. Recommended Activities • in order to properly dispose of pc=t waste, carry bags, doper-scooper, or equivalent to safely pick up pet wastes while walking with pets. • Lathe pets indoors and use less toxic shampoos. 'Nhen possible, have pets professionally groomed. • Properly inoculate your pet in order to maintain their health and reduce the possibility of pathogens in pet wastes. • Maintain healthy and vignrnus pashrres with at least three inches of leafy material. • Consider indoor feeding of livestock during; heavy rainfall, to minimize manure exposed to potential runoff. Locate barns, corrals, and other high use areas on portions of property that either drain away from or are located distant form nearby creeks or storm drains. For additional information contact: County of Orange, Watershed & Coastal Resources - Stormwater Program 714)I67-6363 or visit our website at: www.ocwatersheds.com 20D-31 Site Design & Landscape Planning SD-10 Design Objectives Maximize Infiltration ? ? Provide Retention if Slow Runoff Minimize Impervious Land Coverage Prohibit Dumping of Improper Matenais Contain POutants Collect and Convey Description Each project site possesses unique topographic, hydrologic, and vegetative features, some of which are more suitable for development than others. Integrating, and incorporating appropriate landscape planning methodologies into the project design is the most effective action that can be done to minimize surface and groundwater contamination from stcarmwater. Approach Landscape planning; should couple consideration of land suitability for urban uses zA=ith consideration of COMMunity goals and projected growth. Project plan designs should conserve natural areas to the extent possible, maximize natural water storage and infiltration opportunities, and protect slopes and channels. Suitable Applications Appropriate applications include residential, commercial and industrial areas planned for development or redevelopment. Design Considerations Design requirements for site design and landscapes planning should conform to applicable standards and specifications of agencies with jurisdiction and be c:onsisicnt -with applicable General Plan and Local Area Plan policies. S CIA California Stormwater Quality Association lanua?y 2003 California Stormwater Bh1P Handbook 1 of 4 New Ueveloprnent and Redevelopment 4vvr:v.cabmlphandbooks.corri 20D-32 SD-10 Site Design & Landscape Planning Design iitg N'ew 17tstallations Begin the development of a plan for the landscape unit with attention to the folloxNing general principles: ¦ Formulate the plan oil the basis of clearly articulated community goals. Carefully identify conflicts and choices between retaining and protecting desired resources and community growth. Map and assess land suitability for urban uses. Include the following; landscape features in the assessment: wooded land, open unwooded land, steep slopes, erosion-prone soils, foundation suitability,, soil suitability for waste disposal, aquifers, aquifer recharge areas, wetlands, floodplains, surface waters, agricultural land:,, and various categories of urban land use. When appropriate, the assessment can highlight outstanding local or regional. resources that the community determines should be protected (e.g., a scenic area, recreational area, threatened species habitat, farmland, fish run). Mapping and assessment should recognize not only these resources but also additional areas needed for their sustenance. Project plan designs should conserve natural areas to the extent possible, maximize natural water storage and infiltration opportunities, and protect slopes and channels. Conserve Natural Areas during Landscape Planning If applicable, the following items are required and must be linplemented in the site layout during the subdivision design and approval process, consistent with applicable General Plan and Local Area Plan policies: ¦ Cluster development on least-sensitive portions of a site while leaving the remaining land ill a natural undisturbed condition. • Limit clearing; and grading; of native vegetation at a site to the minimum amount needed to build lots, allow access, and provide fire protection. a M iximize trees and other vegetation at each site by planting; additional vegetation, clus_cring tree areas, and promoting the, use of native and/or drought tolerant plants. • Promote natural vegetation by using parking lot islands and other landscaped areas. ¦ Preserve riparian areas and wetlands. AlaxirnizeNatur°al I4aterSlorageand lgfiltration Opportunities Within the flandsc(q)e I.sizit ¦ Promote the conservation of forest cover. Building; on ]arid that is already deforested affects basin hydrology to a lesser extent than converting forested land. Lass of forest cover reduces interception storage, detention in the organic forest floor layer, and water losses by evapotranspiration, resulting in large peak runoff increases and either their negative effects or the expertise of countering them with structural solutions. ¦ Maintain natural storage reser-oirs and drainage corridors, including depressions, areas of permeable soils, swales, and intermittent streams. Develop and implement policies arid 2 of 4 California Stormwater BMR Handbook January 2003 New Development and Redeveloprnent wtiaw.cahrrbf)iaarldbooks.corn 20D-33 Site Design & Landscape Planning SD-10 regulations to discourage the clearing, filling, and channelization of these features. Utilize them in drainage networks in preference to pipes, culverts, and engineered ditches. :valuating infiltration opportunities by referring to the storlnwater management manual for the jurisdiction and pay particular attention to the selection criteria for avoiding groundwater contamination, poor soils, and hydrogeological conditions that cause these facilities to fail. If Ilecessaiv, locate: developments with large amounts of impervious surfaces or a potential to produce relatively- contaminated runoff away from groundwater recharge areas. Protection of Slopes and Channels diving handscalm Design ¦ Canvey runoff safely from the tops of slopes. ¦ Avoid disturbing steep or unstable slopes. ¦ Avoid disturbing natural channels. ¦ Stabilize disturbed slopes as quickly as possible. ¦ Vegetate slopes with native or drought tolerant vegetation. ¦ Control and treat flows in landscaping and/or other controls prior to reaching existing natural drainage systems. ¦ Stabilize temporary and permanent channel crossings as quickly as possible, and ensure that increases in run-off velocity and frequency caused by the project do not erode the channel. ¦ Install energy- dissipaters, such as riprap, at the outlets of new storm drains, culverts, conduits, or channels that enter unlined channels in accordance with applicable specifications to minimize erosion. Energy dissipaters shall be installed in such a way as to minimize impacts to receiving waters. ¦ Line on-site conveyance channels where appropriate, to reduce erosion Caused bye increased flow velocity due to increases in tributary iioper? ions urea. The first choice for linings should be grass or some other vegetative surface, since these materials not only reduce runoff velocities, but also provide water quality benefits from filtration and infiltration. If velocities in the channel are high enough to erode grass or other vegetative linings; riprap, concrete, soil cement, or geo-grid stabilization are other alternatives. ¦ Consider other design principles that are comparable and equally effective. Redeveloping Existing Installations Curious jurisdictional stormwater management and mitigation plans (SLSMP, WQMP, etc.) define "redevelopment" in t.erins of anui€€nts of additional impervious area, increases in gross floor area and/or exterior construction, and. land disturbing activities with structural or iniper-6ous surfaces. The definition of" redevelopment" must be consulted to determine whether or not the requirements for new development apply to areas intended for redevelopment. If the definition applies, the steps outlined Linder "designing new installations" above should he followed. January 2003 California Stormwater BMP Handbook 3 of 4 New Devetopment and Redevelopment www,catamptiaridt5ooks.can, 20D-34 SD-10 Site Design & Landscape Planning Redevelopment may present significant opportunity to acid features which had not previously been implemented. Examples include incorporation of depressions, areas of permeable soils, and swales in ncwiy redeveloped areas. While sonic site constraints may exist dice to the status old already existing infrastructure, opportunities should not be missed to maximize infiltration, slmn,, runoff, reduce imperi ous areas, disconnect directly connected impervious areas. Other Resources A Manual for the Standard Urban Stormwater Mitigation Plan (SUS MP), Los Angeles County Department of Public Works, May 2002. Stoninvater Management Manual for Western Washington, Washington State Department of Ecology, August 2ooi. Model Standard Urban Storm Water Mitigation Plan (SUSMP) fc,-r Sari Diego County, Port of San Diego, and Cities in San Diego County, February 14, 2002. Model Water Quality Management Plan (WQMP) for County of {range, Orange County Flood Control District, and the Incorporated Cities of Orange County, Draft February 2003. Ventura County vide Technical Guidance Manual for Stormwater Quality Control Measures, July 2002. wi?ww-?iriuiwounw?w?nw win wi?n??iwww 4 of 4 California Stormwater BMP Handbook January 2003 New Developf-rient and Redevelopment www,cabmphandbooks.corn 20D-35 Efficient Irrigation SIB-12 i' M E 'o Design Objectives ? Maximize Infiltration ? Provide Retention ? Slow Runoff Minimize Impervious Land Coverage Prohibit Dumping of Improper Materials Contain Pollutants Collect and Convey Description Irrigation water provided to landscaped areas may result in excess irrigation water being conveyed into stormwater drainage systems. Approach Project plan designs for development and redevelopment should include application methods of irrigation water that minimize runoff of excess irrigation water into the stormwater conveyance Sy'steIn. Suitable Applications Appropriate applications include residential, commercial arid industrial areas planned for development or redevelopment. (Detached residential single-family homes are t ,pically excluded from this require nien .) Design Considerations Designing New Installations The following methods to reduce excessive irrigation runoff should be considered, and incorporated and implemented cohere determined applicable and feasible by the Pertnitt.ee: ¦ Employ rain-triggered shutoff de-ices to prevent irrigation after precipitation. ¦ Design irrigation systems to each landscape area's specific water requirements. ¦ Include design featuring low reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. ¦ Implement landscape plans consistent with County or City water consen,ition resolutions, which may include provision of water sensors, programmable. irritation times (for short cycles), etc. Calitornia Stormwater Quality Association Janoary 2003 California 5tormwater BMP Handbook I of 2 Nev. Development and Redevelopment www.cabmphandbocks.com 20D-36 SD-12 Efficient Irrigation ¦ resign timing and application methods of irrigation water to minimize the runoff of excess irrigation water into the storm water drainage system. ¦ Group plants with similar water requirements in order to reduce excess irrigation runoff and promote surface filtration. Choose plants with low irrigation requirements (for example, native or drought tolerant species). Consider design features such as: - Using mulches (such as wood chips or bar) in planter areas vvithout ground cover to minimize sediment in runoff - Installing, appropriate plant materials for the location, in accordance with amount of sunlight and climate, and use native plant materials where possible and/or as recommended by the landscape architect - Leaving a vegetative barrier along the property boundary and interior watercourses, to act as a pollutant filter, where appropriate and feasible - Choosing plants that minimize or eliminate the use of fertilizer or pesticides to sustain growth ¦ Employ other comparable, equally effective methods to reduce irrigation water runoff. Redeveloping Existing Installations Various jurisdictional storm water management and mitigation plans (SUSMP,WQMP, etc.) define "redevelopment" in terms of amounts of additional impervious area, increases in gross floor area and/or exterior construction, and land disturbing activities with structural or impen ions surfaces. The definition of- redevelopment" must be consulted to determine: whether or not the requirements for new development apply= to areas intended for redevelopment. If the cIt f' nition applies, the steps outlined under "designing new installations" above should be followed. Other Resources A Manual for the Standard Urban Stonnwater Mitigation Plan (StsSMP), Los Nngeles County Department of Public Works, May 2002. Model Standard Urban Storm Water Mitigation Plan (St SMI') for San Diego County, Port of San Diego, and Cities in San Diego County, February 14, 2002. Model Water (duality Management Plan (1,VQMP) for County of Orange. Orange Comity Flood Control District, and the Incorporated Cities of Orange County,, Draft February 2003- Ventura Countywide Technical Guidance Manual for StormAvater Quality Control Measures, ,July 2002. 2 of 2 California Stormwater BMP Handbook. )anua^f 2003 Nevr Development and Redevelopment ww%v.cabmpha ndbooks.com 20D-37 Trash Storage Areas SD-32 Description Trash storage areas are areas where a trash receptacle (s) are located for use, as a repository for solid wastes. Storitmatcar runoff from areas where trash is stored or disposed of can be polluted. In addition, loose trash and debris can be easily transported by water or wind into nearby storm drain inlets, channels, and/or creeks. Waste, handling operations that miry be sources of stormwater pollution include dumpsters, litter control, and waste piles. Approach This fact sheet contains details on the specific measures required to prevent or reduce pollutants in stormwater runoff associated with trash storage and handling. Preventative measures including enclosures, containment structures, and impervious Iravements to mitigate spills, should be used to reduce the likelihood of contamination. Suitable Applications Design Objectives Maximize Infiltration Provide Reteritiurr Slow Runoff Minimize Impervious Land Coverage Prohibit Dumping of 1+nproper Materials ,/ Contain Pollutants Collect and Convey Appropriate applications include residential, commercial and industrial areas planned for deve'.opment or redevelopment. (Detached residential single-family homes are typ?.cally excluded from this requirement.) Design Considerations Design requirements for waste handling areas are governed bly Building and Fire. Codes, and by current local agency ordinances and zoning requirements. The design criteria described in this fact sheet are meant to enhance and be consistent with these code and ordinance requirements. Hazardous waste should be handled in accordance with legal requirements established in Title 22, California Code of Regulation. Wastes from commercial and industrial sites are typically hauled by either public or commercial carriers that may have design or access requirements for waste storage areas. The design criteria in this fact sheet are recommendations and are not intended to he in conflict with requirements established by the waste hauler. The waste hauler should be contacted prior to the desi;In of your site trash collection areas. Conflicts or issues should be discussed iNith the local agency. Designing New Installations Trash storage areas should be designed to consider the following structural or treatment control Sh1Ps: ¦ Design trash container areas so that drainage from adjoining roofs and pavement is diverted around the area(s) to avoid run-on. This might include berrning or grading the waste handling area to prevent run-on of s ormwater. S Q A California a N-Make sure trash container areas are screened or walled to stormwater prevent off site transport of trash. Quality Association ?anuary 2003 California 5torettwa,er BMu Handbook 1 of 2 New Development and Redevelopment wwrw.cab npharidbooks.c3rr 20D-38 SD-32 Trash Storage Areas • Use lined lams or durnpsters to reduce leaking of liquid waste. ¦ Provide roofs, awnings, or attached lids on all trash containers to minimize direct precipitation and prevent rainfall from entering containers. ¦ Pave tra;l storage areas with an impervious Surface to mitigate spills. ¦ Do not locate storm drains in immediate vicinity of the trash storage area. ¦ Post signs on all durnpsters informing users that hazardous materials are not to be disp;)sed of therein. Redeveloping Existing Installations Various. jurisdictional stormwater management and mitigation plans (SL'SMP, WQMP, etc.) define "redevelopment" in terms of amounts of additional impervious area, increases in gross floor area and/or exterior construction, and land disturbing, activities with structural or impervious surfaces. The definition of redevelopment" must be consulted to determine whether or not the requirements for new development apply to areas intended for redevelopment. If the definition applies, the steps outlined under "designing new installations„ above e should be followed. Additional Information Maintenance Considerations The integrity; of structural elements that are subject to damage (i.e., screens, covers, and signs) must be. maintained by the, owwmer/operator. Maintenance agreements between the local agency and the owner/operator may be required. Some agencies will require maintenance (iced restrictions to be recorded of the property title. If required by the local agency, tnaintenarice agreements or deed restrictions must be executed by the owner/ operator before improvement plans are approved. Other Resources A :Manual for the Standard Urban Stormwater Mitigation Plan (SUSIVIP), Los Angeles Count,, Department of Public Works, May 2oo2. :Model Standard Urban Storm Water Mitigation Plan (SUSMP) for San Diego County. Port of San Diego, and Cities in San Diego County, February 14, 2002. :Model Water Quality- Management Plan (WQ1MP) for County of orange, orange County Flood Control District, rind the Incorporated Cities of' Orange County, Draft February 200,3. Ventura Countywide Technical Guidance Manual for Stormwater Quality Control Measures, ,.July 2002. 2 of C-affornia Stormwater LMP Handbook sanuar 2003 w New DEvelopment and Redevelopment vivvw.cabmphandbooks.ccm 20D-39 Solid Waste Management WM-5 ...11111? - Description and Purpose Solid waste management procedures and practices are designed to prevent or reduce the discharge of pollutants to stormvvater from solid or construction waste by proAding designated -tiiraste collection areas and containers, arranging for regular disposal, and training employees and subcontractors. Suitable Applications This I3MP is suitable for constr:action sites where the follokN ng washes are generated or stored: • Solid waste generated froze trees and shrubs removed during land clearing, demolition of existing structures (rubble), and building construction a Packaging materials including wood, paper, and plastic ¦ Scrap or surplus building materials including scrap metals, rubber, plastic, glass pieces and masonry products ¦ Minestic wastes including food containers such as beverage cans, coffee cups, paper bags, plastic,,kTappers, and cigarettes ¦ Construction wastes including brick, mortar, timber, stecl and metal scraps, pipe and electrical cuttings, non- hazardous equipanent parts, styrofoam and other materials used to transport and package construction materials Objectives EC croslon Control SE Sediment Control TC "racking Control WE Alind Erosion Control NS Non-Stormwater Management Control WM Waste Management and ? t4aten'als?oilition Control Leg . end ? Primary Objective J Secondary Objective Targeted Constituents Sediment ? Nutrients .! Trash ? Metals Bacteria Oil and Grease ? Organics ./ Potential Alternatives Pone - S G A California Stormwater Quality Association "?IIIIIMMIIIMMMIMIMIIIII IIIIIIIII?IIIIIIIIIII IIIIIIIIIIIIIM?MIM???I?MMIMMMI January 200-', Cahforn=a Stormwater BMP Handbook i 'If 4 Construction w,,v,,v.l, abr,,pt?ar€dboovs,com 20D-40 WM-5 Solid Waste Management ¦ Highway planting wastes, including vegetative material, plant containers, and packaging materials Limitations `remporary stockpiling of certain construction wastes may not necessitate stringent drainage related controls during the non-rainy season or in desert areas with low rainfall. Implementation The following steps will help keep a clean site and reduce stornrwater pollution: ¦ Select designated waste collection areas onsite. • Inform trash-hauling contractors that you will accept only watertight dumpsters for onsite use. Inspect dumpsters for leaks and repair any dumpster that is not watertight. ¦ Locate containers in a covered area or in a secondar v containment. • Provide an adequate number of containers with lids or covers that can be placed over the container to keep rain out or to prevent loss of wastes when it is windy. • flan for additional containers and more frequent pickup during the demolition phase o':' construction. • Collect site trash daily, especially during rainy and wind conditions. • Remove this solid waste promptly since erosion and sediment control devices tend to cr"Alect litter. • Make sure that toxic liquid wastes (used oils, solvents, and paints) and chemicals (acids, pestici(Ies, additives, curing compounds) are not disposed of _n dumpsters desig nated for construction debris. ¦ Igo not horse out dumpsters on the construction site. Leave dumpster cleaning to the trash hauling contractor. • Arrange for regular waste collection before containers overflow. a Cleanup immediately if a container does spill. • Make sure that construction waste is collected, removed, and disposed of only at authorized disposal areas. Education • Ilave the contractor's superintendent or representative oversee and enforce proper solid waste management procedures and practices. • Instruct vniployees and subcontractors on identification of solid waste and hazardous waste. • Educate employees and subcontractors on solid waste storage and disposal procedures. 2 of a California Stormwater BMh Handbook 7anuarv 2003 Construction www.ca brnpha nd boo ks.corn 20D-41 Solid Waste Management W?M-5 ¦ hold regular meetings to discuss and reinforce disposal procedures (incorporate: into regular safety meetings). • Require that employees and subcontractors fallow solid waste handling and storage procedures. • Prohibit littering by employees, subcontractors, and visitors. • Minimize production of solid waste materials wherever possible. Collection, Storage, and Disposal • Littering on the project site should be prohibited. ¦ To prevent clogging of the storm drainage system, litter and debris removal from drainage grates, trash racks, and ditch lines should be a priority. • Trash receptacles should be provided in the contractor's yard, field trailer areas, and gat locations where workers congregate for lunch and break periods. • Litter from work areas within the construction limits of the project site should be, collected and placed in watertight dumpsters at least weekly, retardless of whether the litter was generated by the contractor, the public, or others. Collected litter and debris should not be placed in or next to drain inlets, stormww-ater drainage systems, or watercourses. • Dumpsters of sufficient size and number should be provided to contain the solid waste generated by the project. ¦ Full dumpsters should be removed from the project site and the contents should be disposed of by the trash hauling; contractor. • Construction debris and waste should be removed from the site biweekly or more frequently as needed. • Construction material visible to the public, should be stored or stacked in an orderly manner. • Stormwater runon should be prevented from contacting stored solid waste through the use of berms, dikes, or other temporary diversion structures or through the use of measures to elevate waste from site surfaces. • Solid waste storage areas should be located at least 50 ft from drainage facilities and watercourses and should not be located in areas prone to flooding or ponding. • Except during fair weather, construction and highway planting waste not stored in watertight dumpsters should be securely covered from wind and rain by covering the wvaste with tarps or plastic. • Segregate potentially hazardous waste from non-hazardous construction site waste. • Make sure that toxic liquid wastes (used oils, solvents, and paints) and chemicals (acids, pesticides, additives, curing compounds) are not disposed of in dumpsters designated for construction debris. January 2003 California Stormwater BMP Handbook 3 of 4 Constrtxt on tvww calarnphandbooks.com 20D-42 '1111M-5 Solid Waste Management For disposal of hazardous waste, see WM-b, Hazardous Waste Management. Have hazardous waste hauled to an appropriate disposal and/or recycling facility. ¦ Salvage or recycle useful vegetation debris, packaging and surplus building materials when. practical. For example, trees and shrubs from land clearing can be used as a brush barrier, or converted into wood chips, then used as mulch on graded areas. Wood pallets, cardboard boxes, and construction scraps can also be recycled. Costs All of the above are low cost measures.. Inspection and Maintenance ¦ Inspect and verify that activity-based BMPs are in place prior to the commencement of associated activities. While activities associated with the BMP are under way, inspect weekly during the rainy season and of t,,vo-week intervals in the non-rainy season to verify continued BMP implementation. ¦ Inspect BMPs subject to non-stormwater discharge daily while non-stormtivater discharges occur ¦ inspect construction waste area regularly. ¦ Arrange for regular waste collection. References Processes, Procedure.-, and Methods to Control Pollution Resulting from All Construction Activity, 430/9" 73 -coca?, USI PA,19?g. Stormwater Quality Handbooks - Construction Site Best Management Practices (BMPs) Manual, State of Calit-ornia Department of Transportation (Caltrans), November 2000. Storinwater Management for Construc=tion Activities; Developing. Pollution Prevention Plaris and Best Management Practice, EPA 832-It-9->005; I'?SEPA, April 1992. 4 of 4 California Stormwater SMP Handbook January 2003 Construction 4b`wwxabmphandbooks.corn 20D-43 EXHIBIT E GENERAL CONDITIONS 20D-44 GENERAL C'ONDIT'IONS (PMGEI.2-29.1) 1. TIME (PMGEI.2 S) Time is of'the essence of this Lease. Failure to comply with any time requirement of this Lease shall constitute a material breach of this Leasc. 2. SIGNS (PMGE2.2 N) TENANT agrees not to construct, maintain, or allow any signs, banners, flags, etc., upon the Premises except as approved by Director. TENANT further agrees not to construct, maintain, or allow billboards or outdoor advertising signs upon the Premises. Such signs are prohibited on DISTRIC"I' property by Resolutions F60-23 and F60-65 of DIS 1 RICT'S Board ofd Supervisors. t_lnapproved signs, banners, flags, etc., may be removed by Director at TEN AN"S expense without prior notice to TENANT. 3. PERMITS ANDS LICENSES (P:MGE3.2 S) TENANT shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the operation of the Premises as set out herein. No permit, approval, or consent given hereunder by DISTRICT, in its governmental capacity, shall affect or limit TENAN`1"S obligations hereunder, nor shall any approvals or consents given by DISTRICT. as a party to this Lease, be deemed approval as to compliance or conformance with applicable governmental codes, laws. rules. or regulations, 4. LEASE ORGANIZATION (PMGE5.2 S) The various headings and numbers herein, the grouping of provisions of this Lease into separate clauses and paragraphs, and the organization hereof.. are for the purpose of convenience only and shall not be considered otherwise. 5. AMENDMENTS (PMGE6.2 S) 'T'his I-ease is the sole and only agreement between the parties regarding the subject matter hereof; other agrecimnts, either oral or written.. are void. Any changes to this Lease shall be in writing and shall be properly executed by both parties. 6. UNLAWFUL USE (PMGE7.2 N) 'I'I N,1N"I'agrees no improvements nor vending machines shall be erected, placed upon. operated, nor maintained within the Premises. nor any business conducted or carried on therein or therefrom, in violation of the terms of this Lease, or dany regulation, order of law. statute, bylaw, or ordinance of a governmental agency having jurisdiction. 7. NONDISCRIMINATION (PMGE8.2 S) T N ANT agrees not to discriminate against any person or class of persons by reason of sex, age, race,, color, creed, physical handicap, or national origin in employment practices and in the activities conducted pursuant to this Lease. TENANT shall make its accommodations and services available to the public on fair and reasonable terms. Santa Ana River (,hannel (FOI-R I5? r l Edna Park Leas (RE V 10- 19.08) 20D-45 S. INSPECTION (PMGE9.2 S) DISTRICT or its authorized representative shall have the right at all reasonable tunes to inspect the Premises to determine if the provisions of this Lease are being complied with. 9. HOLD IIARMLESS (PMGE10.2 S) TENANT hereby releases and waives all claims and recourse al ainst DISTRICT, and County of' Orange ("COI:NTY") including the right of contribution for loss or damage of persons or property, arising; from, growving out of or in any way connected with or related to this Lease except claims arising from the concurrent active or sole negligence of DISTRICT and/or COUNTY. their officers, agents. employees and contractors. TENANT hereby agrees to indemnify, defend (with counsel approved in writing by DISTRICT), and hold harmless, DISTRICTand COUNTY, their elected and appointed officials, officers, agents, employees and contractors against any and all claims, losses, demands, damages, cost, expenses or liability for injury to any persons or property. arising out of the operation or maintenance of the property described herein, and/or TE'NAN'T°'S exercise of the rights under this Lease, except for liability arising out of the concurrent active or sole nc-ligence of' DIS'T'RICT, and/or COI.N"IY, their elected and appointed officials, officers, agents, employees or contractors including the cost of defense of any lawsuit arising therefrom. If' DIS"I RICT or COUNTY is=are named as co-defendant(s) in a lawsuit. TENANT shall notifv DISTRICT of such fact and shall represent DISTRICT/COUNTY in such legal action unless DISTRICT,/C; UNTY undertakes to represent itself7themselves as co-defendant(s) in such legal action, in which event, TE'NANT' shall pay= to DIS"TRICT"/COUNTY its/their litigation costs, expenses, and attorneys' fees. If :judgment is entered against DISTRC`T/COUN'T'Y and '1 FNANT by a court of competent jurisdiction because of the concurrent active negligence of DISTRICT"'COUNTY and I-I NAND. DISTRICT and TENANT agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. TENANT acknowledges that it is familiar with the language and provisions of California Civil Code Section 1542 which provides as follows: .4 general release glow not extend to claiins which the c°retlitor roes not knob, or .carshect to exist to hisf mor at the time o e.xeculi g the release, ii,,hich, it knoiim by him, /Ylusi hate rr awrialb, ctf f€?c tt c/ Tai s .Settlerr7ertt with the clebtor. TENANT, being aware of and understanding the terms of Section 154'. hereby waives all benefit of its previsions to the extent described in this paragraph. 1.0. TAXES AND ASSESSMENTS (I1MGEU.2 S) This I,case may create a possessory interest which is subject to the payment of taxes levied on such interest. It is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable upon the Premises or upon fixtures, equipment, or other property installed or constructed thereon, shall be the full responsibility of` TENANT, and TENANT shall cause said taxes and assessments to be paid promptly. It. St?CC:ESSORS IN INTEREST (PMGE12.2 S) Unless otherwise provided in this Lease, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder. 4wnt a 1r.a Rives Channel (1.01-R]; 1 t rl r olls t Palk Least: (REV 1t) "9,178) 20D-46 12. CIRCUMSTANCES WATCH EXCUSE PERFORMANCE (PM(-,E1.3.2 S) If either party shall be delayed or prevented from the performance of any act: required hereunder by reason of facts of God, restrictive goveraumental laws or regulations, or other cause without fault and beyond the control of the party obligated (financial inability excepted), perl'orinmice of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of'such delay. However. nothing in this Clause shall excuse T1 NAN`I' from the prompt payment of any rental or other charge required of 'ITNAN"l except as may be expressly provided elsewhere in this Lease 13. PARTIAL INVALIDI'T'Y (PMGE14.2 S) If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable.. the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired. or invalidated thereby. 14. WAIVER OF RIGHTS (PMGE15.2 S) The failure of DISTRICT or TENANT to insist upon strict performance ofany of-the terms, covenants, or conditions of this Lease shall not be deemed a waiver of any right or remedy that DISTRICT or TENANT may have, and shall not be deemed a waiver of the right to require strict performance of all the terms.. covenants. and conditions of the Lease thereafter. nor a waiver of any remedy for the subsequent breach or default of any term, covenant. or condition of the Lease. Any waiver, in order to be effective. must be signed by the party whose right or remedy is being waived. 15. DE FAULT" AND REMEDIES (I'MGE16.2 N) A. Events Of Default The occurrence; of any one or more of the following events shall constitute a default hereunder by TENANT: I. The abandonment or vacation of the Premises by TENANT. 2. The failure by TENANT to make any payment of rent or any other sum payable hereunder by'I'FNANT, as and when due, where such failure shall continue for a period of three (7) days after written notice thereof from DISTRICT to TENAN` ., provided. however, that any such notice shall be in lieu of, and not in addition to. any notice required under California Code of Civil Procedure Section 1161 et sect. y The failure or inability by TENANT to observe or perform. any of the provisions of this Lease to be observed or performed by TENANT, other than specified in subparagraphs A.1. or A.2. above, where such failure shall continue for a period often (1.0) days after written notice thereof from DISTRICT to TENANT; provided, however, that any such notice shall be in lieu of and not in addition to, any notice required under California Code of t'ivil Procedure Section 1161 et sect.; provided, further, that if the nature of such failure is such that it can be cured by TENANTbut that more than ten (10) days are reasonably required for its cure (for any reason other than financial inability), then TENANT shall not be deemed to be in default if"I I NA_N'l' slaal.l con]nlence such cure within said ten (10) days, and thereafter diligently prosecGates such cure to completion. SwitaAnaRiver Channel Vdn a Park C.; gas (RIN I G.21)08 ! 20D-47 4. (a) The making by TENANf of any general assignment for the benefit of creditors:. (b) a case is commenced by or against TENANT under Chapters 7, 1.1 or 1 s of the Bankruptcy Code, Title I 1 of the United Stat s Code as now in force or hereafter amended and if so commenced against I F.NANT, the same is not dismissed within sixty (60) days of such commencement: (c) the appointment of a trustee or receiver to take possession of substantially all of TI,"NANI''S assets located at the Premises or of TI: NANT S interest in this Lease, where such seizure is not discharged within thirty (3 )0) days; or (d) TENANT'S convening of a meeting of its creditors or any class thereoftour the purpose of effecting. a moratorium upon or composition of its debts. In the event of any such default, neither this Lease nor any interests of TENANT in and to the Premises shall become an asset in arty of such proceedings and, in any such event and in addition to any and all rights or remedies of the DISTRICT hereunder or by law; provided, it shall be lawful for the DISTRICT to declare the term hereof ended and to re-cater the. Premises and take possession thereof and remove all persons therefrom, and TENANT and its creditors (other than DISTRICT) shall have no further claim thereon or hereunder. B. Remedies In the event of any default by `I'l.<N.AN`1', then, in addition to any other remedies available to DISTRICT at law or in equity, DISTRICT may exercise the following remedies: I. DISTRICT may terminate this Lease and all rights ofTENANT hereunder by giving written notice of'such termination to TENANT. In the event that DISTRICT shall so elect to terminate this Lease. then DISTRIC 'F may recover f:zoaxl TENANT: (a) The worth at the time of award of the unpaid rent and other charges, which had been earned as of the date of the termination hereof: (b) Any other amount necessary to compensate DISTRICT for all the detriment proximately caused by "FENANf'S failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, the cost of recovering possession of the Premises, expenses ofreletting, including necessary repair, renovation and alteration of the Premises, reasonable attorneti s` fees, expert witness costs, and any other reasonable costs; and (c) Any other amount which DISTRIC-F may by law hereafter be permitted to recover from TENANT to compensate DISTRICT for the detriment caused by "T°T NANT'S default. 'file term "rent" as used herein shall be deemed to be and to mean the annual rent and a1 ,I other sums required to be paid by TENANT pursuant to the terms of"this Lease. All such sums, other than the annual rent, shall be computed on the basis of the average monthly amount thereof accruing during the 24-month period immediately prior to default, except. Santa Ana Klee; Channel (F01-81551) iv Cc<f= Park I case i R F V 10.29.[)8 ) 20D-48 that ill' it becomes necessary to compute such rental before such 24-month period has occurred, then such sums shall be computed on the basis ofthe average monthly tunount. during such shorter period. As used in subparagraph B. I .(a), the "ivorth at the time of award" shall be computed by allowing interest at the maximum rate permitted by lawn. Continue this Lease in effect without terminating TENAN 'S right to possession even. though TEXNANT has breached this Lease and abandoned the Premises and to enforce all of DISTRICT'S rights and remedies under this lease, at law or in equity, including the right to recover the rent as it becomes duet under this lease. provided, however, that DISTRICT may at any time thereafter elect to terminate this Lease for such previous breach by notifying l TENANT in Nvriting that TENANTS right to possession of the Premises has been terminated. Nothing in this Section shall be deemed to affect TI NANT'S indemnity of DISTRIC'° liabilih or liabilities based. upon occurrences prior to the termination of this Lease for personal injuries or property lantage under the indemnification clause or clauses contained in this Lease. No delay or omission of DIS'TRIC'T' to exercise any right or remedy shall be construed as a waiver of such right or remedy or any default by TENANT hereunder. The acceptance by DISTRICT of rent or any ether sums hereunder shall not be (a) a. waiver of any preceding breach or default by [ ENANT of any provision thereof, other than the failure of I'T;NANT to pay the particular rent or suer accepted, regardless of DISTRICT'S knowledge of'sueh preceding breach or default at the time of acceptance of such rent or sum. or (b) waiver of DISTRICT'S right to exercise any remedy available to DISTRICT by virtue ofsuch breach or default. No act or thing done by DISTRICTor DISTRICT'S agents during the term of this Lease shall be deemed an acceptance of a surrender of the Premises. and no agreement to accept a surrender shall be valid unless in writing and signed by DISTRICT. Any installment or rent due under this tease or any other sums not paid to DISTIt1C:`T when due (outer than interest) shall bear interest at the maximum rate allowed by lawn froni the date such payment is due until paid. provided, however, that the payment of such interest shall not excuse or cure the default. All covenants and agreements to be performed by TTY:NAN'Y under any of the terms of this Lease shall be performed by TENANTat TI3NAN'l-S sole cost and expenses and without any abatement of rent. If TI NANT shall fail to pay any sure of money, other thalr refit roquired to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder. or to provide any insurance or evidence of insurance to be provided by '11"NANT", then in addition to any other remedies provided herein. DISTRICT may, but shall not be obligated to do so, and without waiving or releasing T'ENANTfrom any obligations of TENANT. make any such payment or perlbrnx any such act on T ENIANT'S part to he ni ade or porfornied as provided in this Lease or to provide such i tsurance. Any payment or performance of any act or the provision of any such insurance by DISTRICT on T'l NANT"'S behalf shall not give rise to any responsibility of DISTRICT to continue making the same or similar payments or perl'orming, the Sant i Ana River Channel I,EM-R 155 1) v Edna !'ar{:f:rsu•.a?R(sV ftt.29.08'1 20D-49 same or similar acts. All costs, expenses, and ether sums incurred or paid by DISTRIUT in connection therewith, together with interest at the maximum rate permitted by law from the date incurred or paid by DISTRICT shall be deemed to be additional rent hereunder and shall be paid by 'I'ENANI' with and at the same time as the next monthly installment of rent hereunder. and any default therein shall constitute a breach of the covenants and conditions of this Lease. 16. RESERVATIONS TO DISTRICT (PMCE18.2 N) 'I'he Premises are accepted "as is" and "where is" by I'f: NANT subject to any and all existing easements and Encumbrances. DISTRICT reserves the right to install, lay, construct, maintain, repair, and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes, and connections; water, oil, and gas pipelines; telephone and telegraph power lines: and the appliances and appurtenances necessary or convenient in connection therewith, in, over, upon, through, across, and along the Premises or any part thereof. and to enter the Premises for any and all such purposes. DISTRIUl' also reserves the right to grant franchises, easements, rights of way; and permits in. over, upon, through, across, and along any and all portions of the Premises. No right reserved by DISTRIC`f in this clause shall be so exercised as to interfere unreasonably with `I NAN,S operations hereunder or to impair the security of any secured creditor of 1I.;N-ANT°. Dls,rRIC I' agrees that rights granted to third parties by reason of this clause shall contain provisions that the surface of'the land shall be restored as nearly as practicable to its original condition upon the completion of any construction. 17. HOLDING OVER (PMGE19,2 S) In the event TENANT shall continue in possession of the Premises after the terns of this Lease, such possession shall not be considered a renewal of this Lease but a tenancy from month to month and shall be governed by the conditions and covenants contained in this Lease. IS. CONDITION OF PREMISES UPON TERMINATION (PMGE20.2 S) Except as otherwise agreed to herein, upon termination of this Lease, T I-INANE shall re-deliver possession of'said Premises to DISTRICT' in substantially the same condition that existed immediately prior to TENAN"C'S entry thereon. reasonable wear and tear, flood, earthquakes, war, and any tact of war, excepted. References to the "tennination of the Lease" in this Lease shall include termination by reason of the expiration of the lease term. 19. DISPOSITION OIL ABANDONED PERSONAL PROPERTY (PMGE21.2 S) If TENANT abandons or quits the Premises or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to and left on the Premises fifteen (15) days alter such event shall, at 61STRICT"'S option, be deemed to have been transferred to DIS"I'R.IC,T. DIS'I`RICT shall have the right to remove and to dispose of such property without liability therefor to 'I'ENAN'I'or to any person claiming under TI:'NANf, and shall have no need to account therefor. Santa Aria River Chinnel 16411-RI5 21 vi LAna Park lease 4,REN 10,29 08) 20D-50 20. QUITCLAIM OF TENANT'S INTEREST I;TPON TERMINATION (PM(aE22.2 N) Upon termination of this Lease for any reason, including but not limited to termination because of default by T NAN l , IT'NANTshall execute. acknowledge, and deliver to DIS'fRICl_, within thirty (' ) 0) days after receipt ol'written demand therefor, a good and sufficient deed or cancellation agreement whereby all right, title, and interest of TENANT in the Premises is quitclaimed to DISTRICT. Should TENANT flail or refuse to deliver the regttired deed or cancellation agreement to DISTRICT, DISTRICT may prepare and record a notice reciting the failure of T'ENANT to execute. acknowledge, and deliver such deed or cancellation agreement and said notice shall be conclusive evidence of the termination of this Lease and of all rights of TENANT or those claiming under T1:NANT in and to the Premises. 21. DISTRICT'S RIGHT TO RE-ENTER (PM(NE23.2 S) T E'NANT agrees to yield and peaceably deliver possession of the Premises to DISTRIC'T' on the date of termination of this I.,ease, whatsoever the reason for such termination. Upon giving written notice of termination to TENANT. DISTRICT shall have the right to re-enter and take possession of the Premises on the date such termination becomes effective without further notice cif anv kind and without institution of summary or regular legal proceedings. Termination of the Lease and re-entry of the Premises by DISTRICT shall in no way alter or diminish any obligation of TENAN'T' under the Lease terms and shall not constitute an acceptance or surrender. FEN ANT waives any and all right of redemption tinder any existing or future law or statute in the event of eviction from or dispossession of the Premises far any lawful reason or in the event DISTRICT re-enters and takes possession of the Premises in a lawful manner. 22. AUTHORITY OF TENANT (PMGE 24.2 S) If TI NANf i.s a corporation, each individual executing; this Lease on behalf of said corporation represents and warrants that he/she is ditty authorized to execute and deliver this Lease on behalf of said corporation, in accordance with the by-laws of said corporation, and that this Lease is binding upon said corporation. 23. PUBLIC RECORDS (PMGE25.2 S) Any and all written information submitted to and/or obtained by DISTRIC"f from TENAN'T' or any other person or entity having to do with or related to this Lease and/or the Premises, either pursuant to this Lease or otherwise, at the option of DISTRICT, may be treated as a public record open to inspection by the public pursuant to the California Records Act (Government ("ode Section 6250, etc.) as now in fierce or hereafter amended, or any Act in substitution thereof, or otherwise made available to the public and T E'NANT hereby wives, for itself. its agents, employees, subtenants, and any person claiming by, through or under 'fI NAN ". any right or claim that any such inl'omiati on is not a public record or that the same is a trade secret or confidential information and hereby agrees to indemnify and hold DISTRICT liarnilless from any and all claims, demands, liabilities, and/or obli-ations arising out of or resulting from a claim by TENANT or any, third party that such information is a trade secret, or confidential, or not subject to inspection by the public, including without limitation reasonable attornevs' fees and costs. Santa Ana Diver Channel {E0 1-11155 1) vii i?dna Pa, k Let 20D-51 24. RELA'T iONSIIIP OF PARTIES (PMC<E 26.2 S) The relationship of the parties hereto is that of DISTRIC'I'and °I ENANT. and it is expressly understood and agreed that DISTRICT does not in any way or for any purpose became a partner of. or a joint venturer with '1 NAN'I' in the conduct of l I?Nr1N1''S business or otherwise. and the provisions of this Lease and the agreements relating to rent payable hereunder are included solely for the purpose of'providing a method by which rental payments are to be measured and ascertained. 2-5. ATTORNEYS' FEES (PMGE28.1) In any action or proceeding brought to enforce or interpret any provision of this Lease. or where any provision hereof'is validly asserted as a defense. each party shall hear its own attorneys' fees and costs. 26. VENUE (PMGI+29.1) '1'hc parties hereto agree that this Lease has been negotiated and executed in the State of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Lease, the sole and exclusive venue shall be a court ofcornpetent jurisdiction located in (range County, California. and the parties hereto agree to and do hereby submit to the jurisdiction ofd such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another county. tianla Ana hives Chann l (E01-81351) VIII I dna Park I ease (REV 10 29,08) 20D-52 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING LIBRARY SERVICES AND TECHNOLOGY ACT CIRCLE OF MENTORING--PROJECT FUNDS CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment accepting Federal Library Services and Technology Act (LSTA) funds for the Circle of Mentoring Project of $5,000 in revenue account (no. 154-01-5365) and appropriate to expenditure account (no. 154-218-6391). DISCUSSION The Library Services and Technology Act awarded a "Circle of Mentoring Project" grant in the amount of $5,000 to the Santa Ana Public Library. The Circle of Mentoring Project will provide teens with opportunities to be mentored by adult role models in a variety of areas while simultaneously offering teens opportunities to serve as mentors for younger children. Funds shall be used to provide program supplies and equipment. The program will offer teens a place in the library where they feel valued and can participate in constructive and empowering ways. By establishing this mentoring program, the library will become a source of influence that actively contributes to the positive development of generations of Santa Ana teens to come. FISCAL IMPACT Approval of the recommended action will enhance the (LSTA)Circle of Mentoring revenue account (no. 154-01-5365) and the expenditure account (no. 154-218-6391) by $5,000. APPROVED AS TO FUNDS AND ACCOUNTS: 1 P chard Executive Director Library Francisco Gutierrez Executive Director Finance & Mana ent Services Agency 20E-1 20E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: APPROPRIATION ADJUSTMENT AND LEASE AGREEMENT WITH OMNIPOINT COMMUNICATIONS, INC. FOR CELLULAR ANTENNA AT EL SALVADOR PARK CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1 s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER 1) Authorize the City Manager and Clerk of the Council to execute the attached agreement with Omnipoint Communications, Inc. (T-Mobile) for 10 years with three, five-year renewal options, for the installation of a cellular monopine and equipment at El Salvador Park located at 1825 West Civic Center Drive. 2) Approve an appropriation adjustment recognizing $23,040 in the Capital Outlay Fund and Miscellaneous Recoveries revenue account (no. 51-01- 5799) and appropriating same to the Capital Outlay Park Improvements Other Than Buildings expenditure account (no. 51-250-6631). 3) Receive and file the Categorical Exemption for Environmental Review No. 2008-77. BOARD OF RECREATION AND PARKS At its meeting of May 28, 2008, the Board of Recreation and Parks recommended to approve the lease agreement with Omnipoint Communications, Inc. (T-Mobile) for the installation of a cellular monopine at E1 Salvador Park, by a unanimous vote of 7:0:1. DISCUSSION Omnipoint Communications, Inc. (T-Mobile) is proposing to install a stealth cellular antenna at El Salvador Park to improve their communication reception in the area. On March 28, 2008, staff presented T-Mobile's proposal to the Artesia-Pillar Neighborhood Association. At 20F-1 Cell Tower Lease Agreement at El Salvador Park November 17, 2008 Page 2 that meeting, staff satisfactorily addressed the neighborhood's concerns related to health issues and use of revenues from the lease. The community was pleased to learn that the revenue received would be used to fund future improvements at El Salvador Park, and approved the installation of the cell tower equipment at the proposed location. On May 28, 2008, the Board of Recreation and Parks recommended approval of the stealth monopine antenna, an equipment building, and various park improvements at El Salvador Park. The lease agreement with Omnipoint Communications, Inc. (T-Mobile) is for 330 square feet of lease area (15 foot by 22 foot equipment room). T-Mobile will build a 22 foot by 30 foot equipment building, attached to the north side of the park restroom, and a monopine antenna east of the equipment building that will be shared with a future cellular company. T-Mobile agreed to re-roof the existing park restroom and install a concrete walk around both buildings. The monthly rate for lease of park property is $2,400 per month ($28,800 per year). The City's consultant, ATS Communications, will receive 20 percent ($5,760) of the annual revenue for assisting in the negotiations and for construction administration of this lease agreement. The lease term is 10 years, with three, five-year renewal options. The agreement also indicates that the lease rate will increase by 4 percent annually for the term of the lease. The revenue from the T-Mobile lease will be deposited into a special revenue and expenditure account to be used specifically for deferred maintenance improvements at El Salvador Park. T-Mobile will provide all proper insurance and obtain necessary City permits prior to construction. The terms of this agreement are similar to the terms of other City cell tower agreements. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, Categorical Exemption No. 2008-77 will be filed for this project. 20F-2 Cell Tower Lease Agreement at El Salvador Park November 17, 2008 Page 3 FISCAL IMPACT This appropriation adjustment will enhance the Capital Outlay Fund and Miscellaneous Recoveries revenue account (no. 51-01-5799) and the Capital Outlay Park Improvements Other Than Building expenditure account (no. 51- 250-6631) by $23,040. APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency Francisco Gutierrez kl Executive Director Finance & Mgmt Services Agency 20F-3 LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND T-MOBILE REGARDING COMMUNICATION TOWER FACILITIES AT EL SALVADOR PARK This Agreement, made this 17`h day of November, 2008, between 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 designated "LESSOR" and Omnipoint Communications, Inc., as subsidiary of T-Mobile USA Inc., a Delaware corporation hereinafter designated "LESSEE". The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties". 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property commonly known as El Salvador Park (the entirety of LESSOR's property is referred to hereinafter as "the Property" and a legal description of the Property is attached hereto as Exhibit "A"), located at 1825 Civic Center Drive West, Santa Ana CA, 92703, APN:405-121-11, and being described as a 15'0" by 22'0" parcel containing 340 square feet including space for LESSEE's Equipment Shelter and access for the installation of a Monopine Communications Tower Structure located on the Property, and access for the antenna support structure for cable runs to connect LESSEE's equipment and antennas, together with the non-exclusive right for ingress and egress from and to the nearest public right-of-way, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a twelve (12') foot wide right-of-way extending from the nearest public right-of-way, to the demised premises, said demised premises and right-of-way (hereinafter collectively referred to as the "Premises") for access being substantially as described herein in Exhibit "B" attached hereto and made a part hereof. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey along with detailed site plans shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Costs incurred for such work shall be borne by LESSEE. 3. TERM. This Agreement shall be effective as of the date of execution by both parties, provided, however, the initial term shall be for ten (10) years and shall commence on the Commencement Date (defined below). 4. RENT. After the Commencement Date, rental payments will be due in an annual rental amount of twenty eight thousand eight hundred ($28,800.00) to be paid in equal monthly installments of two thousand four hundred dollars ($2,400.00) per month on the first day of the month, in advance, to LESSOR or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall commence upon the issuance of the building permit for LESSEE's Facilities (as defined below), or twelve (12) months after the full execution of this agreement, whichever occurs first ("Commencement Date"). If rent is not paid within fifteen (15) days after the due date and provided LESSOR has complied with all applicable notice and cure provisions herein, LESSEE agrees to pay a late charge equal to six percent (6%) of the then-current monthly rent. Rental amounts attributable to partial months shall be prorated on a daily basis. All Rent and Deposits shall be deposited according to the directions outlined in Exhibit "G". 5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental increase of four percent (4%) per year, to be increased on each anniversary of the Commencement Date. 6. INITIAL PAYMENT. In recognitions that the Commencement Date may not occur concurrent with the execution of this Agreement by all parties, LESSEE hereby agrees to pay to LESSOR a one-time, non- recurring, non-refundable payment equal to one (1) months rent, within thirty (30) days after the Commencement Date. Notwithstanding the above, Lessor shall refund Lessee the initial payment in the event Lessee is unable, due to the sole fault and unreasonable delay of Lessor, to obtain all Approvals necessary to construct Lessee's facilities, within 6 months after the full execution of this agreement. 7. EXTENSIONS. The Lease Agreement may be extended for up to three (3) additional five-year (5) terms (each a "Renewal Term"). Each Renewal Term shall be on the terms and conditions as set forth herein Site No: LA03009C Page 1 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-4 as follows: (i) six months prior to the expiration of the initial term, if LESSOR, in its reasonable discretion determines that LESSEE's continued tenancy is not in conformity with LESSOR's intended use of the Property, LESSOR shall provide written notice to LESSEE that the Lease will not be extended. (ii) Thereafter, each subsequent renewal shall be subject to the following procedure: If LESSEE determines that it desires to extend the term LESSEE shall provide written notice six (6) months prior to the end of the then current term,; Within sixty (60) days of receipt of LESSEE's notice, LESSOR shall determine whether such extension is in LESSOR's best interest and, if not in LESSOR's interest, LESSOR shall deny such extension request. If Lessor does not respond within sixty (60) days, the lease is deemed renewed for an additional Renewal Term. If neither party provides notice as set forth above, the lease shall continue on a month-to-month basis. 8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or local authorities as well as satisfactory soil boring tests which will permit LESSEE's use of the Premises as set forth herein. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action, which would adversely affect the status of the Property with respect to the proposed use by LESSEE. Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LESSEE's Facilities (defined below) and for the purpose of preparing for the construction of LESSEE's Facilities. In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE will be unable to use the Premises for its intended purposes or LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties shall have no further obligations including the payment of money, to each other. 9. APPROVAL OF PLANS. Prior to commencing construction of LESSEE's Facilities (defined below), LESSEE shall obtain LESSOR's approval of LESSEE's work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within fifteen (15) working days of LESSOR's receipt of LESSEE's work plans. If LESSEE does not receive such approval or request for changes in writing within such fifteen (15) working day period, LESSOR shall be deemed to have approved the plans. LESSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LESSEE's plans. 10. USE/MAINTENANCE. LESSEE may use the Premises for any lawful activity in connection with LESSEE's provisioning of its mobile/wireless communications services, including without limitation, the transmission and the reception of radio communication signals on various licensed frequencies. Accordingly, LESSEE shall have the right to construct, maintain, install, repair, and operate on the Premises its radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("LESSEE's Facilities"). All improvements shall be at LESSEE's sole expense and the installation of all improvements shall be at the discretion and option of LESSEE, with LESSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LESSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 9 above, and LESSEE agrees to submit architectural and engineering drawings ("Plans") of the equipment to be installed. LESSEE agrees that the installation and maintenance of LESSEE's Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise LESSEE's Facilities for the purpose of repairing or upgrading the communications capabilities of LESSEE's Facilities, with notice to LESSOR, so long as the equipment, cables or antennas remain within the original physical parameters of the Premises. LESSEE shall not make any substantive Site No: LA03009C Page 2 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92123 -5 physical and/or aesthetic changes to the Premises without the prior approval of LESSOR which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 13 contained herein below. LESSEE shall be responsible for the cost of any and all damage to the Property including but not limited to concrete and/or asphalt, buildings and/or appurtenances caused by LESSEE. LESSOR at its discretion may require LESSEE to repair and or replace said damages or contract for said services and bill LESSEE. The cost of said repairs can be subtracted from any deposits retained by LESSOR. LESSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law. LESSEE's Facilities shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. LESSOR shall provide LESSEE, LESSEE's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to LESSEE. LESSOR represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to LESSEE to the extent required to construct, maintain, install and operate LESSEE's Facilities on the Premises, and to remove them therefrom. LESSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LESSOR. Except in cases of emergency, LESSEE agrees to provide twenty-four hours notice to LESSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the repainting of LESSEE's Facilities, such maintenance must be completed by LESSEE within thirty (30) days. 11. INDEMNIFICATION. A. LESSEE's Indemnity. LESSEE shall indemnify, defend and hold LESSOR its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ("Claims") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSOR, its officers, agents, employees, successors, assigns, or contractors; (ii) violation of law by LESSOR, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSOR under this Agreement; or (iv) any condition relating to the Premises which LESSEE has no obligation to repair or maintain. B. LESSOR's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ("Claims") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSOR, its officers, agents, employees, or contractors, including, but not limited to City Business as defined in Section 17 below, except for Claims arising out of (i) the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors; (ii) violation of law by LESSEE, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSEE under this Agreement; or (iv) any condition relating to the Premises which LESSOR has no obligation to repair or maintain. 12. INSURANCE. A. In accordance with the provisions of Section 3300 of the Labor Code, if LESSEE has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing performance of this Agreement, LESSEE agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If LESSEE has no employees, nor workers' compensation coverage, it must execute a Declaration available from LESSOR, and update as is necessary. B. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name LESSOR, its officers, agents, representatives, employees and volunteers as additional insureds (see sample Exhibit C); (2) be primary with respect to insurance or self-insurance programs maintained by LESSOR, except claims resulting from LESSOR's negligence or misconduct; (3) contain standard separation of insured's provisions; and (4) give to LESSOR prompt and timely notice of claim made or suit instituted arising out of LESSEE's operations hereunder. LESSEE shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to LESSOR which shall clearly evidence all coverages Site No: LA03009C Page 3 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 927Q3_ _6 required above; (b) provide that such insurance shall not have its required limits reduced or terminated except on thirty (30) days prior written notice to LESSOR; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. 13. INTERFERENCE. LESSEE's Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date this Agreement is fully executed ("Pre-Existing Communications"), or public safety communication operations, as may be upgraded periodically, and LESSEE's Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LESSEE's use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party causing any alleged interference and/or immediately terminate this Agreement. Notwithstanding the foregoing, Pre-Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LESSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of this Section and shall obtain LESSEE's written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LESSEE's consent may be withheld if interference with LESSEE's transmissions, receptions, operations, or use of frequency will result due to such use, whether or not such interference is with LESSEE's frequencies or otherwise. The City Manager shall determine whether consent is unreasonably withheld and may require LESSEE to consent subject to the above conditions. In the event of any interference with LESSOR's public safety communications operations, LESSEE shall have twenty-four (24) hours after receipt of notice to cure the interference, and if LESSEE fails to do so, LESSOR has the right to require that LESSEE cease operating LESSEE's Facilities (except for intermittent testing to determine the source of the interference) until LESSEE is able to recommence operations without causing such interference. If LESSEE's Facilities interfere with LESSOR's public safety communications operations during an emergency, LESSOR may require that LESSEE immediately cease operating LESSEE's Facilities and if LESSEE fails to do so, LESSOR has the right to shutdown the electricity supply to LESSEE's Facilities. LESSEE shall reimburse LESSOR for any actual, reasonable costs that LESSOR incurs to cure any interference with LESSOR's public safety communications operations caused by LESSEE's Facilities. 14. REMOVAL UPON TERMINATION. LESSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove LESSEE's fixtures and all personal property and otherwise restore the Premises substantially to its original condition, at LESSEE's sole expense, reasonable wear and tear, and casualty excepted. Underground conduits, foundations and structures may remain at LESSOR's option. LESSOR agrees and acknowledges that all of the equipment and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same, excepting the building structures erected on the property. If such time for removal causes LESSEE to remain on the Premises past the aforementioned ninety (90) day period after the expiration or earlier termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. Antenna support structure and all utilities cabling and wiring shall remain at LESSOR's option in its as-is condition. 15. RECORDING AND QUITCLAIM DEED. If requested by LESSEE, LESSOR agrees promptly to execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit "F". LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of LESSEE's interest in the Property upon the expiration or termination of this Agreement. 16. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of the portion of this Property underlying the right-of-way herein granted shall be under and subject to the right of LESSEE in and to such right-of-way. LESSOR shall obtain for the benefit of LESSEE a reasonable non-disturbance agreement from the present and any future mortgagee(s) or holder(s) of a deed of trust confirming that LESSEE's right to quiet possession of the Premises during this Agreement shall not be disturbed, so long as LESSEE is not in default under this Agreement. Site No: LA03009C Page 4 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-7 17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall have the right and privilege to conduct City Business on the Property, as necessary. "City Business" shall include, but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City sponsored events, located near the Premises, so long as the City Business does not interfere with or impair the operation of LESSEE's Facilities. 18. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, judgments or impediments of title on the Property or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth above. 19. NO LIENS. LESSEE will not permit any mechanics' or materialmen's liens on the Property for any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its own expense. If LESSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. 20. MISCELLANEOUS LESSEE RESPONSIBILITIES. A. Maximum Permissible Exposure - LESSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues directly applicable to its operation of LESSEE's Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LESSEE's indemnity contained herein, LESSEE, on behalf of itself and its successors and assigns, shall indemnify LESSOR from and against all claims of personal injuries due to violation of MPE to the extent such personal injuries are actually caused by LESSEE's Facilities on the Premises. B. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to the Premises necessitated to keep the Premises safe. LESSOR may require LESSEE to make repairs to and/or replace damaged equipment of LESSEE's Facilities and/or any parts thereto regardless of fault (including but not limited to damage caused by vandalism or acts of god not later than one (1) week after said damage is reported to LESSEE, except for damage caused by LESSOR. This time period may be extended with written authorization from the City Manager. In the event such authorization is not given and repairs are not made in one week, LESSOR may cause such repairs to be made including making said repairs and/or hiring a consultant to make said repairs. LESSOR may charge LESSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours notification to LESSEE by LESSOR. If said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill LESSEE for the cost of services. C. LESSEE shall pay all personal property taxes assessed directly against its equipment and all increases in LESSOR's real property taxes or assessments directly attributable to installation of LESSEE's equipment or LESSEE's use of the Premises, within sixty (60) days after receipt of satisfactory documentation indicating calculation of LESSEE's share of such real estate taxes and proof of payment provided that such amounts are in fact due within the said sixty (60) day period. LESSEE has the right to challenge any unreasonable tax assessment. D. LESSOR grants LESSEE the right to obtain utilities for the operation of LESSEE's Facilities. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE for its use of the Premises. LESSOR shall cooperate with LESSEE in its efforts to obtain utilities from any location provided by LESSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. E. LESSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and tear excepted. 21. EMERGENCY USE OF SITE. LESSEE shall make available to the police, fire and emergency services of the City of Santa Ana space on its communications tower at no cost to LESSEE or said entities, subject Site No: LA03009C Page 5 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92JQ3 _ -8 to structural analysis. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LESSEE's communications operations. As to any future subleases, their respective installations will be permitted only at such locations that will not cause interference with LESSEE or LESSOR and the City's operations. The City entities will be afforded 24-hour access to its equipment at the Property. In addition, the City will be provided "power backup" by LESSEE, if available at the Premises. 22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 23. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County. 24. ATTORNEYS' FEES. The substantially prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. 25. ASSIGNMENT AND CO-LOCATION. a. LESSEE will not assign or transfer this Agreement without the prior written consent of LESSOR, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that LESSEE shall have the right to assign its rights under this Agreement, to any of LESSEE's (i) partners, parents, subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of LESSEE's FCC authorization for the geographic area in which the Premises are located or of majority of LESSEE's network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LESSEE's property. b. LESSEE acknowledges and agrees that the City policy is to provide for co-location on communication tower facilities and will reasonably facilitate any co-location subject to the conditions outlined in Paragraph 13 (INTERFERENCE). LESSEE further agrees that LESSOR shall retain ownership of any further lease rights with respect to space for additional communication facilities on the Property. Further, LESSEE shall enter into a TOWER LEASE AGREEMENT, subject to all permits and approvals from all governmental agencies having jurisdiction thereover, with a future tower co-location user, subject to LESSOR receiving fifty percent (50%) of the tower rent received by LESSEE. LESSEE shall provide for LESSOR'S consent on any TOWER LEASE AGREEMENT and copies of the executed agreement. The Party's intent in allowing LESSEE to collect rent is to provide a means by which LESSEE can recoup its cost of construction and maintenance of said tower facilities on a pro-rata basis with subsequent users. The Parties intend that LESSOR, and not LESSEE, should benefit financially, from any future tower co-location agreement. Additionally, LESSEE shall deliver to LESSOR a copy of any Inter- carrier Co-location Agreement which relates to the Premises. 26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Santa Ana Executive Director Parks, Rec. & Community Services (M-23) 888 W. Santa Ana Blvd. Santa Ana, CA 92702 Site No: LA03009C Page 6 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-9 Courtesy City of Santa Ana - Office of the City Attorney Copies to 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 and ATS Communications 22642 Lambert Street, Suite 402 Lake Forest, California 92630 Attn: Tony Ingegneri LESSEE: T-Mobile USA, Inc. 12920 SE 381n Street Bellevue, WA 98006 Attn: PCS Lease Administrator With a copy to: Attn: Legal Dept. And with a copy to: Attn: Lease Administration Manager Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above. 27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors, administrators and assigns of the Parties hereto. 28. RELOCATION RIGHT. A. Anytime within the initial term, LESSOR shall have the right to cause LESSEE to relocate LESSEE's Facilities to alternate space on the Property; provided however, that such relocation shall (1) be at LESSOR's cost and expense which shall be limited to reasonable expenses of moving and re-installing the tower structure and accompanying equipment, including the cost of City permits and fees which LESSOR may legally pay, (2) be performed by LESSEE or its agents, (3) not result in any interruption of the communications service provided by LESSEE on the Property, (4) not impair, or in any manner alter, the quality of communications service provided by LESSEE on and from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LESSEE's Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LESSOR, to operate and maintain LESSEE's Facilities. B. LESSOR shall exercise its relocation right under subsection A above by (and only by) delivering written notice (the "Notice") to LESSEE. In the Notice, LESSOR shall propose an alternate site within or on the Property to which LESSEE may relocate LESSEE's Facilities. LESSEE shall have sixty (60) days from the date it receives the Notice to evaluate LESSOR's proposed relocation site, during which period LESSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails to disapprove of such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to have approved such proposed relocation site. If LESSEE disapproves such relocation site, then LESSOR may thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site which LESSOR and LESSEE agree upon in writing shall be referred to as the "Relocation Site." LESSEE shall have up to twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate LESSEE's Facilities to the Relocation Site. Upon relocation of LESSEE's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE, and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises. Except as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE's Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. Site No: LA03009C Page 7 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-10 C. Should the parties fail to agree on a suitable Relocation Site, LESSOR may pay LESSEE the depreciated value for LESSEE's Facilities and equipment, based on a ten-year lease period. 29. DEFAULT. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, the non-defaulting party shall give the defaulting parry written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non-defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Section. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 30. ENVIRONMENTAL. A. LESSEE shall not bring any Hazardous Materials onto the Premises/Property, except for those contained in its back-up power batteries and common materials used in telecommunications operations. "Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat and dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with all federal, state and local laws and regulations. B. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of LESSEE. C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (including but not limited to payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: (i) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from conditions caused by LESSEE; and (ii) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has not commenced the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. If LESSEE decides not to terminate this Agreement, Rent shall be abated proportionally to the reduction of use. 32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may terminate this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LESSEE under condemnation law (but not Site No: LA03009C Page 8 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-11 for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 33. SUBMISSION OF LEASE. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. 34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described herein in accordance with applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of the Premises. 35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance subsequent to the termination, or expiration of this Agreement shall also survive such termination or expiration. 36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS To the extent that such rules are not inconsistent with or do not interfere with LESSEE's rights herein, LESSEE agrees to abide by all rules and regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D, attached hereto, as the same may be changed from time to time upon reasonable notice to LESSEE. These rules and regulations are specific to the Facilities site and are imposed to insure the proper maintenance, good order and reasonable use of the Premises and Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto. 38. POWERING DOWN DURING MAINTENANCE / REPAIR. LESSEE agrees that during all maintenance on the Communications Facility by the LESSOR or other lessees or users of the Facility, while following the procedures and guidelines set forth by the Occupational Safety and Health Administration (OSHA) and the FCC implementing the National Environmental Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards promulgated by a governmental authority having jurisdiction over LESSEE) due to radiation, the effected transmitters of LESSEE will be turned off until the unsafe condition no longer exists. The earliest practicable notice will be given to LESSEE using the information in Exhibit E, as applicable. 39. TERMINATION. A. Compelled Termination: If, during the lease term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LESSEE's operations that LESSEE's use of the Premises poses a human health hazard which cannot be remedied and that LESSEE must cease all operations on the Premises, then LESSEE shall immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination which is final and non- appealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding that LESSEE's use as set forth in this Agreement presents a material risk to the public health or safety and that LESSEE must cease all operations on the Premises, LESSOR may terminate this Agreement upon fourteen (14) days notice to LESSEE. B. Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if (i) LESSEE does not obtain all permits, consents, easements, non-disturbance agreements or other approvals (collectively "approval") reasonably desired by LESSEE or required from any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LESSEE's Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE, or (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or Site No: LA03009C Page 9 of 23 Site Address: ] 825 Civic Center Drive West, Santa Ana, CA 92703 20F-12 (iii) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) above or (iii) above as the result of LESSOR's default. C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to cure as set forth in Section 29. 40. 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 each party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred 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. C. LESSOR shall not have unsupervised access to LESSEE's equipment and LESSEE's Facilities, except in cases of exigent circumstances or emergency situations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: LAURA SHEEDY Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager LESSEE: Omnipoint Communications Inc., a subsidiary of T-Mobile USA Inc. Printed Name: DAVID GALLACHER Its: Area Director Date: By: Site No: LA03009C Page 10 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-13 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY APN: 405-121-11 All that certain real property located in the County of Orange, State of California, being more particularly described as follows: PARCEL A: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF ARTESIA STREET, AS SAID LINE WAS ESTABLISHED BY DEED RECORDED IN BOOK 545, PAGE 55 OF DEEDS OF ORANGE COUNTY, CALIFORNIA, 217 FEET NORTH OF THE NORTH LINE OF HICKEY STREET (NOW EIGHTH STREET), THENCE NORTH ALONG THE WEST LINE OF ARTES.IA STREET 92 FEET MORE OR LESS TO A POINT IN THE SOUTH LINE OF THE LAND CONVEYED BY BENJAMIN WALKER AND WIFE TO DEBORAH CARTER TRUI4 N BY DEED DATED November STH 1924 AND RECORDED December 3RD, 1924 IN BOOK 552, PAGE 227 OF NEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE WEST ALONG THE SOUTH LINE OF THE LAND SO CONVEYED To DEBORAH CARTER TRUMAN AND THE EXTENSION THEREOF 245 FEET TO A POINT, THENCE SOUTH PARALLEL WITH THE WEST LIME OF ARTESIA STREET 92 FEET MORE OR LESS TO A POINT 217 FEET NORTH OF THE NORTH LINE OF HICKEY STREET (NOW ENGLISH STREET); THENCE EAST PARALLEL TO THE NORTH LINE OF HICKEY STREET (NOW EIGHTH STREET) 24.5 FEET MORE OR LESS TO THE POINT OF BEGINNING, PARCEL B: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL is BEGINNING ATA POINT IN THE WEST LINE OF FAIRLAWN STREET, AS SHOWN ON MAP CFTIHE FAIREAWN PARK TRACT,. RECORDED IN BOO 4, PAGE 46 OF MISC FL.LANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, IF SAID STREET WAS EXTENDED NORTHERLY, 125 FEET FROM THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET) SAID POINT BEING IN THE NORTH LINE OFTHE LAND ODNVEYEDTO WALTER G. DAVIS AND WIFE, BY DEED RECORDED AUGUST" 24TH, 1923 IN BOOK 486, PAGE 184 OF DEEDS OF ORANGE COUNTY, THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID EIGHTH STREET 101.5 FEET, THENCE NORTH 184 FEET; THENCE EAST PARALLEL WITH THE SAID NORTH LINE OF EIGHTH STREET 101.5 FEET TO A POINT IN THE SAID EAST LINE OF FAIRLAWN STREET', IF EXTENDED, THEME SOUTH ALONG THE WEST LINE 164 FEET TO THE POINT OF BEGINNING. ALSO A RIGHT OF WAY OVER A STRIP OF LANES 25 FEET WIDE IMMEDIATELY ADJOINING THE ABOVE DESCRIBED LAND ON THE EAST FOR STREET PURPOSES. PARCEL 2: BEGINNING AT A POINT WHICH IS 401.6 FEET WEST OF THE WEST LINE OF ARTESIA STREET (AS SAID ARTESIA STREET EXISTED PRICER TO September 1ST, 1924, BEING 50 FEET WIDE:) AND 355 NORTH OF THE NORTH LINE OF HICKEY STRE=ET; THENCE EAST ON A LINE PARALLE=L WITH THE NORTH LINE OF HICKEY STREET A DISTANCE OF 100.5 FEET, THENCE SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF ARTESIA STREET, A DISTANCE: OF 46 FEET, THENCE= WESTON A LINE PARALLE=L WITH THE NORTH LINE OF HICKEY STREET A DISTANCE OF 100.5 FEET; THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF ARTESIA STREET A DISTANCE OF 46 FEET TO THE POINT OF BEGINNING. Site No: LA03009C Page 11 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-14 PARCEL. C: BEGINNING AT A POINT 125 FEE'L' NORTH OF THE INTERSECTION OF THE CENTER LINE OF FAIRLAWN STREE-" AND THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET) SAID POINT BEING IN THE NORTH LINE OF THE LAND CONVEYED TO G. A. DEME, RIOU April 22ND BY DEED RECORDED IN ?K 423, PAGE 16 OF DEEDS OF ORANGE COUNTY; THENCE NORTH ALONG THE SAID CENTER LINE OF FAIRL._AWN ST'RFF*, AS SHOWN ON A MAP OF FAIRL.AV! N PARK TRACT RECORDED IN BOOK 4, PAGE 46 OF MI5C1' LLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, IF THE SAME WERE PROJECTED, 234 FEET; -HENCE EAST PARALLEL WITH THE NORTH LINE OF EIGHTH STREET, 142.4 FEET, MORE OR LESS TO THE NORTH-WET CORNER OF THE LAND CONVEYED TO F. H. LINDEN AND WIFE BY DEED RECORDED MAY 17TH, 19:29 IN BOOK 278, PAGE 102 OF OFFICIAL RECORDS; THENCE SOUTH ALONG THE WEST" LINE OF THE LAND CONVEYED TO LINDEN AND WIFE AND ITS SOUTHERLY EXTENSION TO THE NORTH-WEST CORNFR OF THE LAND C:ONVEYE TO L. E. GOFFMAN, AND OTHERS, BY DEED RECORDED Dunbar 11TH, 1929 IN BOOK 335, PAGE 104 OF OFFICIAL RECORDS; THENCE SOUTH ALONG THE WEST LINE OF THE LAND SO CONVEYED TO THE SOUTH-WEST CORNER THEREOF; THENCE WEST ON THE NORTH LINE OF SAID DEMETRIOU LAND AND PARALLEL TO THE NORTH LINE OF SAID) EIGHTH STREET 142,4 FEETTO THE' POINT OF BEGINNING. PARCEL D: ALI THAT REAL PROPERTY SITUATED IN THE CITY OF SANTA AIWA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLC? : COMMENCING AT A POINT ON THE WEST LINE OF ARTESIA STREET AS SAID S'T'REET WAS ESTABLISHED BY DEED TO THE CITY OF SANTA ANA, DATED December 19TH, 1924 AND RECORDED IN BOOK 545, PAGE 55 OF DEEDS, WHICH POINT IS 125 FEET NORTH OF THE POINT OF INTERSECTION OF SAID LINE WITH THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET); RUNNING THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF EIGHTH STREET 125 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID ARTESIA STREET 46 FEET, THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF EIGHTH STREET 125 FEET TO THE WESTERLY LINE OF SAID ARTESIA STREET; THENCE NORTHERLYALONC SAID WESTERLY LINE 138 FEET MORE OR L LESS TO THE SOUTH LINE OF THE LAND CONVEYED TO DEBORAH CARTER TRUMAN BY DEED RECORDED December 3RD, 1924 IN BOOK 552, PAGE 227 OF DEEDS; THENCE WESTERLY ALONG SAID SOUTH LINE 125 FEET; THENCE NORTHERLY PARALLEL. TO THE SAID WEST LINE OF ARTESIA STREET 46 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF EIGHTH STREET 271.6 FEET TO THE NORTH-WEST CORNER OF THE LAND CONVEYED TO SENMAMIN WALKER AND WIFE BY DEED RECORDED MAY 18TH, 1923 IN BOOK 473, PAGE 73 OF DEEDS, THENCE SOUTH ALONG THE WEST LINE OF THE LAND CONVEYED TO BENMAMIN WALKER AND WIFE BY SAID DEED 230 FEET TO A POINT 125 FEET NORTH OF THE NORTH LINE OF EIGHTH STREET; THENCE EAST PARALLEL WITH SAID NORTH LINE OF EIGHTH STREET, 271.6 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION OF SAID LAND LYING WITHIN TRACT NO. 521, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, IMAGE 32 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA. PARCEL E: PARCEL 1; BEGINNING AT A POINT IN THE CENTER OF ARTESIA STREET, 380 FEET FORTH OF THE INTERSECTION WITH THE CENTER LINE OF HICKEY STREET, RUNNING THENCE WEST PARALLEL WITH THE CENTER LINE OF HICKEY STREET, 832,39 FEET, MORE OR LESS, TO LAND CONVEYED TO J. H. YOUNG BY DEED RECORDED December 10, 1903 IN BOOK 98, PAGE 198 OF DEEDS; THENCE NORTH 318 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID YOUNG'S LAND; THENCE EAST 542.52 FEET; THENCE SOUTH 292.71 FEET, THENCE EAST 289.87 FEETTO THE CENTER LINE OFARTE.SIA STREET; THENCE SOUTH 26.89 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Site No: LA03009C Page 12 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-15 PARCEL 2: BEGINNING AT A POINT 36.90 CHAINS WEST- OF THE EAST LINE OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN AND 6.165 CHA NS NORTH OF THE NORTH LINE OF THE CHAVES ALLOTMENT IN THE RANCHO SANTIAGO) DE SANTA ANA, SAID POINT BEING IN THE CENTER OF ARTESIA STREET AND RUNNING THENCE WEST 4.392 CHAINS; THENCE, NORTH 4.435 CHAINS TO THE LAND NOW OR FORMERLY OWNED BY BEN FALLERT; THENCE EAST 4,392 CHAINSTOTHE CENTER OF ARTESIA STREET AND THENCE SOUTH 4,435 CHAINS TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION INCLUDED IN LOTS F AND C AND LOTS 12, 13, 15 AND 16 OF TRACT NO. S21, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS MAPS, RECORD OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION OF PARCEL 2 NOW SUBDIVIDED AS LOT 14 OF SAID TRACT NO. 521, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS MAPS, Site No: LA03009C Page 13 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-16 RECORDS OF SAID ORANGE COUNTY, CALIFORNIA EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE SANTA ANA UNIFIED SCHOOL DISTRICT IN THE DEED RECORDED January 29, 1973 AS INSTRUMENT NO, 23886 IN BOOK 10533, PAGE 194 OF OFFICIAL RECORDS. PARCEL F: THE NORTH 145 FEET" OF THAT POR71ON OF THE: SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP S SOUTH, RANGE 10 TEST, S.B.B.&M,, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEET WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED PRIOR TO September 1ST, 1924, RUNNING THENCE WEST 130,8 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET TO THE POINT OF BEGINNING, PARCEL G. THAT PORTION OF THE JACOB ROSS ALLOTMENT, DESCRIBED AS FOLLOWS. BEGINNING 803.2 FEET WEST OF THE INTERSECTION OF THE WEST LINE OF ARTESIA STREET WITH THE NORTH LINE OF HICKE'Y' STREET, AS SAID ARTESIA STREET" EXISTED PRIOR TO September 1, 1924, BEING 50 FEE'T IN WIDTH; RUNNING THENCE EAST ALONG THE NORTH LINE OF HICKEY STREET 70 FEET TO A POINT; THENCE NORTH PARALLEL TO ARTESIA STREET 355 FEET TOO A POINT; THENCE WEST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 70 FEET` TO A POINT; THENCE SOUTH 355 FEETTtO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE SANTA ANA UNIFIED SCHOOL DISTRICT IN THE DEED RECORDED January 29, 1973 AS INSTRUMENT NO. 23886 IN BOOK 10533, PAGE 194 OF OFFICIAL RECORDS. PARCEL H : THAT PORTION OIFTHE SOUTHWEST QUARTER. OF SECTION 11, IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 602,4 FEET WEST" OF THE POINT" OF INTERSECTION OF SAID LIME WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED PRIOR TO September 1,1924; RUNNING THENCE WEST 130,8 FEET THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET, THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET 130.8 FEET'; THENCE SOUTH PARALLEL WITH THE WEST" LINE OF ARTESIA STREET` 355 FEET TO THE POINT OF BEGINNING; EXCE MNG THEREFROM THE EAST 75 FEET" TO THE SOUTH 150 FEET; ALSO EXCEPTING THEREFROM THE SOUTH 125 FEET THEREOF; ALSO EXCEPTING THEREFROM THE NORTH 145 FEET THEREOF, PARCEL I: THAT CERTAIN REAL PROPERTY IN THE QTY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE NORTH 25 FEET OF THE EAST 75 FEET OF THE SOU'rH 150 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 1.0 WEST, S.B.B. & M., DESCRIBED AS FOLLOWS: Site No: LA03009C Page 14 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-17 BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEET WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET', AS IT EXISTED WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED PRIOR TO September 1ST, 1924, RUNNING THENCE WEST 130} 8 FEET; TI TENCE NOR-F4 PARALLEL W M-1 THE WEST LINE OF ARTESIA STREET 355 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE: OF WEST EIGHTH STREET 130,8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET TO THE POINT OF BEGINNING. PARCEL 1 ALL THAT REAL PROPERTY SITUATE IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: COMMENCING ON THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, AT A POINT 401.6 FEET WEST OF THE INTERSECTION OF SAID HICKEY STREET, NOW EIGHTH STREET, WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTE;SIA STREET EXISTED PRIOR TO September 1, 1924; RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, 200.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTE IA STREET, 355 FEET; THENCE EAST 200,8 FEET; THENCE SOUTH 355 FEET" TO THE POINT OF BEGINNING, T XCEP RNG THEREFROM THE EAST 50 FEET OF THE SOUTH 194 FEET THEREOF; ALSO EXCEPTING THEREFROM THE SOUTH 125 FEET OF THE WEST I SO.8 FEET. PARCEL 2: THAT PORTION OF SECTION 11, IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF ARTESIA STREET AS SAID STRUT WAS ESTABLISHING BY DEED TO THE CITY OF SANTA ANA, DATED September 19, 1924, AND RECORDED Ocbober 17, 1924 IN, BOOK 545, PACT: 55, DEEDS, RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING 125 FEET NORTH OF THE INTERSECTION OF SAID LINE WITH THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET); THENCE NORTHERLY ALONG SAID WEST LINE: OF ARTE51A STREET 134 FEEL MORE OR LESS, TO THE SOUTH LINE OF THE LAND CONVEYED TO DEBORAH CARTER TRUMAN BY DEED RECORDED December 3, 1924 IN TOOK 552,, PACE 227, DEEDS, RECORDS OF SAID ORANGE COUNTY OF SAID ORANGE COUNTY; THENCE WESTERLY ALONG SAID SOUTH LINE 125 FEET; THENCE NORTHERLY PARALLEL TO THE SAID WEST LINE OF ARTESIA STREET, 46 FEET; THENCE WESTERLY PARALLEL TO THE NORTH LINT= OF EIGHTH STREET, 271,6 FEET TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO BENJAMUN WALKER AND WIFE BY DEED RECORDED MAY 18, 1923 IN BOOK 473, PAGE 73 OF SAID DEEDS; THENCE SOUTH ALONG THE WEST LINE OF THE LAND CONVEYED TO BENJAMIN WALKER AND WIFE, BY SAID DEED, 230 FEET TO A POINT 125 FEET NORTH OF THE NORTH LINE OF EIGHTH STREET; THENCE EAST AND PARALLEL WITH SAID NORTH LIME OF EIGHTH STREET 396.6 FEET TO THE POINT OF BEGINNING, EXCEPTTNG THEREFROM THE EASTERLY 125 FEET. PARCEL K: THAT PORTION OF THE JACOB ROSE ALLOTMENT DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET, DISTANT THEREON 677.4 FEET WEST OF THE INTERSECTION OF SAID NORTH LINE WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO September 1, 1924, BEING 50 FEET IN WIDTH, AND RUNNING THENCE WEST ALONG THE SAID NORTH LINE. OF EIGHTH STREET, 65.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 125 FEET; THENCE EAST PARALLEL WITH SAID NORTH LINT= OF EIGHTH STREET, 65.8 FEET, THENCE SOUTH 125 FEET TO THE POINT OF BEGINNING. PARCEL L: THE EAST 50 FEET OF THE SOUTH 194 FEET OF THE FOLLOWING: Site No: LA03009C Page 15 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-18 THAT POR71ON OF THE JACOB ROSS ALLOTMENT, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH _INE OF HICKEY STREET, (NOW 8TH STREET) 401.6 FFETWEST OF THE INTERSECTION OF SAID NORTH LINE OF HICKEY STREET (NOW 8TH STREET) WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO September 1, 1924, RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET (NOW 8TH STREET) 200.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 35S FEET, THENCE EAST 200.8 FEET; THENCE SOUTH SOUTH 355 FEETTO THE POINT OF BEGINNING. PARCEL M. THAT PORTION OFTHE JACOB ROSS ALLOTMENT BEGINNIN G AT A POINT IN THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, 300 FEET WEST OF THE INTERSECTION OF THE WEST LINE OF ARTESIA STREET WITH THE NORTH LINE OF HICKEY STREET, AS SAID STREETS, AS SAID STREETS EXISTED ON November 20, 1906; THENCE WEST ALONG THE NORTH LINE OF HICKEY STREET 101.6 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA -STREET, 125 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 101.6 FEET; AND THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 125.00 FEET TO THE POINT OF BEGINNING, PARCEL N: THAT PORTION OF THE JACOB ROSS ALLOTMENT DESCRIBED AS FOLLOWS: BEGINNING ATTHE INTERSECTION OF THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO September IST 1924, BEING 50 FEET IN WIDTH; THENCE NORTH ON THE WEST LINE OF SAID ARTESIA, STREET, 125 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 100.4 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST PARALLEL WITH THE NORTH LINE OF HICKEY STREET` 50 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET TO A POINT IN THE NORTH LINE OF HICKEY STREET, NOW EIGHTH; THENCE EAST ALONG SAID NORTH LINE, 50 FEET, THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET TO THE TRUE POINT OF BEGINNING,. PARCEL O: THAT PORTION OF THE JACOB ROSS ALLOTMENT DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET) 150.4 FEET WEST OF THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO September 151, 1924, BEING 50 FEET IN WIDTH, THENCE NORTH, PARALLEL WITH THE WEST LINE OF ARTESIA STREET 125 FEET TO THE NORTH LINE OF EIGHTH STREET`, THENCE EAST ALONG THE NORTH LINE OF EIGHTH STREET, 86 FEET TO THE PC)INT OF BEGINNING,. PARCEL P: THAT PORTION OF THE JACOB ROSS ALLOTMENT, DESCRIBED AS FOLLOWS: BEGINNING ATA POINT IN THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET) 238.4 FEET WEST OF THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIAN STREET EXISTED PRIOR TO September 1ST, 1924, BEING 50 FEET IN WIDTH; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF EIGHTH STREET, 61.6 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET TO THE NORTH LINE OF EIGHTH STREET; THENCE EAST ALONG THE NORTH LINE OF EIGHTH STREET, 61,6 FEETTO THE POINT OF BEGINNING. PARCEL Q: THE EAST 75 FEET OF THE SOUTH 125 FEET OF THE SOUTH 125 FEET OF THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION ELEVEN, TOWNSHIP FIVE SOUTH, RANGE TEN WEST, S.B.B.&M., AS DESCRIBED AS FOLLOWS: Site No: LA03009C Page 16 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-19 SEG:NNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET, 602.4 FEET WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET AS IT EXISTED PRIOR TO September 1S71 1924; THENCE WEST 130.8 FEET; THENCE NORTH PARALLEL WITH THE NEST LINE OF ARTESIA STREET 355 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET, 130,8 FEET; THEM SOUTH PARALLEL WITH THE WEST LINE OF WEST EIGHTH STREET, 130.8 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 355 FEET TO THE POINT OF BE ;INNING. PARCEL R: THE SOUTH 125 FEET OF THE WEST 150.8 FEET OF THE FOLLOWING: COMMENCING ON THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET'-, AT A POINT 401.6 FEET WEST OF THE INTERSECTION OF SAID HICKEY STREET NOW EIGHTH STREET, WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO September 1, 1924, RUNNING THENCE WEST ON SAID NORTH LINE O HICKEY STREET, NOW EIGHTH STREET, 2017.8 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 355 FEET; THENCE EAST 200.8 FEET; THENCE SOUTH 355 FEET TO THE POINT OF BEGINNING, End of Legal Description LESSOR INITIALS: LESSEE INITIALS: Site No: LA03009C Page 17 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-20 EXHIBIT B LEGAL DESCRIPTION OF THE PREMISES SITE PLANS/ DESCRIPTIVE RENDERINGS However, it is expressly agreed and understood by and between the LESSOR and LESSEE that the exact and precise location of the LESSEE's Facilities are subject to review and approval by the planning and/or zoning Boards having jurisdiction over the "Premises". Therefore, it is expressly agreed and understood by and between LESSOR and LESSEE that the precise location of the Premises as shown on Exhibit "B" may be modified by the LESSEE in order to comply with and obtain necessary planning and/or zoning approvals, and any and all other approvals necessary for LESSEE's intended use of the property. The Premises as described herein may therefore be modified by the LESSEE to reflect the final engineering design. An amended Exhibit "B" (if necessary) will be provided by the LESSEE and attached to the lease in place of the existing Exhibit "B", a copy of which will be provided to the LESSOR for review prior to being incorporated into the Agreement. LESSOR INITIALS: LESSEE INITIALS: Site No: LA03009C Page 18 of23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-21 T • •Mobile SITE NUMBER: LA03009C CITY: SITE NAME: EL SALVADOR PARK COUNTY: SITE TYPE: RAW LAND JURISDICTION: PROJECT SUMMARY: STF ADDIM eas cnx cDrrln oR v SNRA NIA G 93]OJ PROPERTY lR. CITY a' -RA Jr11 30 CM ANA. M G PLAZA SNRA A S2)Dt COiRACF. l0O P1101C pu) ne-Dm] ,Lcu T-Y$E USA 3 aPEDU1 pROLElNDE SIDE 1100. SIMA ANA G 9Z)m PEPRES)IEAT WLE // ZONING uANNaoc JOE )H OEh].WLQ w W917S.e113 CONSiAI1Cf4N YNYOER DUNNIS DE OE MARCO ]]11144-M 00 JT YAN1Gpk PROTECT DUW OM W11x®! IVRSIIA OE 4ND0 ]11.!50 D102 PROJECT DESCRIPTION, 7H ADJFCT ENTNIR 1NE WSTAWIIDN Di NEW T-YOm.E EOMPAE]tt CNRNETS IN$OE A NEW T-WBLf CYU PNCIDSWE NEM TO F%ISTMO 9ULDNG (ENSfIXO BULOHO ROOF ro IE REgACf TO WTCH COLOR ANO TYPE ro NEW T-MOBNE ROOF 1 Yf1Y T-YOBM1E IMFNNAy TO aE MOUNTED OH A NEW m' NNiI R 1 I?n N =Liu •wGDGU` Y CLA9S1fA1N11! UNN-D )FLECOIMUMC1nOVS FA 11'PE OF COHRIRUCIION IOC( 01 i OYCTPUCIDN: pGq V° ?AT10N: M3' E6spQ PAPCFL NWBFR 1Db121-,1 UIINOE J] 1Y OP.6' XDR1H b3' PEST 1 ,1T (ro Lma DESCRII>flgt R- suR1ET' oruvlxm DN s1EET Fi CONSULTING TEAM: cen n0 L?r/PFR?E,RnHC. PMSONS -M a3a1 IAR+ G pxT 11211" m. 12M ARCHITF T INA. t FN 'N FRIH ADD AggFIEC13 MC. ]o EDEAPRISE mo -Em 1 PNpC yS-a11x Af91S) CONT D E FOP6E G. 611 PHONE <aK) )ta-SGW M REW m: RICIEN FAY (Na) ]P)-1)m coNTACr: GA67aF1 swIEN suRVrr. Aco ARLt61ECTS INC. De,w EJJIERPItlsE eoo LNF TI 1>?tW (W) 7 H (616) ]I&-99b F TAY (616) 26)-1786 KRum" ENGINEER NE1R SRP DE90N, NC I61 TO E11,FAPRISE WAY, SiE 100 LND: i0 a B20.D 0-) PHONE Iwa) alawa FAR: (9181 ?a]-qT3 OONTACf: st?T EEfNIL RT W SHEET INDEX: SHEET 11 NTTMRE f1) R DESCRIPTION TRLE SHEET C-1 (n TCEVDRAPxC suRYEY c-E (n TOPOCRAPIYC WU A-, A-2 (2) ( n 5RE PVN iS? A-D ( Z ) IAR? SRE PLIN ARCJDECNNN EL WATDNS L-i L- D LAND-PE DETNLS ! IRgGIJX1N N016 E L-J GFNERAI O4EI- NOTES t HM & IRPoGATION SITE PVN (Z) DOMOOTESS/RL?S REWIRED FOR SANTA ANA ORANGE CITY OF SANTA ANA ? •,? ?,? VICINITY MAP: ?,( ' _,• --PROJECT A ?. APPROVALS: THE Fp10NNp PARn6 xFAEe! AAPRQE ANp ACCEN THEME 000l6EH i3 AND AMIOW3E TMC COHOOC1011 ro PROCFfD Mfill TXE WNSDiUC11CN DFSOamD HEREIN. ALL ODIETRUCIDN NLYIAEMS ARE sLarcT ro REVE\Y IR nx IJ]GL BUEDND DEPANrYENT ANO ANY CIWDES AfD MODIFIGTDN9 THEY MAY aIPmE PfdNE NAA1[ CI NA R Dm LANDLORD PRECON. MGR DEVELOP. MGR CONST. INSP. ME MGR RF ENGINEER OPERATIONS SAC/ZONING REP LITILMES RF CONFIGURATION INFORMATION _ xOTE Anumn 5xaw Arc Im TIF.TUVrs ,,, SECTOR -14- CENTERLINE { NF_ NRE ANTENNA MODEL ONCOA% COAXER COAX LENGTH A ry?la-RbT (txarn T/a' Aw (xae17 b' a ev-6• TYDD- I -nal (I n) )/s• Aw RaE>) so'4 xTe 66'-Y TYDw-aslsRal R3ux1 T/a' Aw paa]) ro•-o' Dr_pr _IaON_pN A/x xx'-v' r rA? 26170 ENTERPRISE 0600 LAKE FOREST, CA. 92650 FNDNE: (419) 716-9410 FAX. (44q) 297-4788 EL SALVADOR PARK LA03009C 1- CIVIC CENTER DR. W. SANTA ANA. CA SR)m SFAL I DTRELTDNS FROM T-Ym6E 0f - MOYAS eTOE MCI REDDk 0RN1LE COMITY SHEET TRLE: SDVR AT T-YOBIE DEi1CE GOING TOWMO FlRSf AIEAf• 1 ab Y® PAGE R C-] 11Y.T, 00 0.1 YL TURN RDNT ON MMMDNR ELW.. CO 1.1 YL 'URN MGM ON BR670L ST., DO J.B `°"°' w MI, TURN (FET OH `""?' PPLICABLE CODES CEN,Eit OR. SNRA )iE RIGHT. A ANA ON N TITLE SHEET wlromM AJRIx6,1NTME CODE 200) CAtJfOWRA SUININO CWE U YImIWY('AE CODE POWER. TELCO UTILITY CONTACTS w& AN AN oo?EnRU Rl uatrK coop "EPA-1p1 sxEE'r xuYeER: mIT11Ele1 W1fONA EDIEOX AT'aiT? nt: I6o0) aaa-1xs ,EL: (e°D) xv-moo DonrAm as1oTRR sDIMLE pDfTACE aslaDR SmN¢ 0000 NATIgVE EIEL'IRIC CODE lDC L BUIIIIIxG - xAxcET OT'/- 0--c. _ WEST IM.-STREET- - _ • i BOUNDARY DETAIL ?. SCALE; 1" = 80• 1 j 'O"P 77 ?... ? .. InrP ,M. aqn ? ??'y1•YY rsN'• CIVIC CENTER DRIVE -'•a a awc I ?faj cmna •w a r?P:v m >u[ '? n giM1 usew?uYE?r? A-rsr AvPns ? g W ? Ali o, a?. v% ? `eiq aa?r -_ ) uuN ?Pn? ?- GRAPHIC SCALE ,iv mIA .scar AyN'• ?- V nrPDe W ,a R euero arts wnPa 9URVgY IJ3GPND ??r a a?mw. ? rurw s LESSOR'S LEGAL DESC_REMON EE EET3 C-2 T E.f x f e, PLANS PREPARED SY. J??'%%tp/ Ny rtrt ARCHITECTS.-•. 26170 ENTERPR15E E600 0- Ia,rtPT-1 LAKE FOREST, CA 97630 PNCNE: (949) 716-°940 FAk (949) 2-7-4788 ?s I u<sorvmwr NO.TM FINAL 5LON: GY:--OESCAI g.r I 04/D3/0? PRELIM SURVEY NS FINAL SURVEY lA / 3 a/,fi/OJ CLIENT REVISION Ns CI IF.NT RFYI110N N5 { SIZE INFOg4ATON: LEGAL DESCRIPTION EL SALVADOR PROJECT PARK FROl G ELEVATIONS AND GEgD COTES ARE ESTABLISHED GEOID PSDERIVED NS, OMETRIC HEIGHTS, APPLYI% NG ' ° - GENTROL SEPARATIONS, CWSTNA RAIN'ING TO WE LA03009C CLEVATI sT (NAVE 83) 4W- 420' (NAVOSB) BASIS OF BEARING 1826.- CENTER- BEARNG.. SHOWFD HEREON ARE ESTABLISHED BY U5 -A-, 9270. H?wa.cura ,1 STATE PLANE NADI COORDINATE 5TSTFM - STAIEPIANE0004]-SYSIEMZONEI, OBTAINED BY GAS ?STMP: vuAr / w ur-? mce o <PVe:s A nN I mE I ' I I DESIGNATION 15 MADE TO THE TITLE REPORT ORDER 901-725105313, ,SSUEp BT FIDELITY NATIONAL TITLE INSURANCE CLMPANT, DATED APRIL 24, 2007 ANY AND ALL EASEMENTS DISCLOSED WITHIN SAID TITLE REPORT AFFECTING THE IMMEDIATE AREA ENCOYPA551NG THE LEASE AREA ARE DEPICTED ON THIS SHEET (-EPT FOR LEASE AREAS LOCATED ON ROOFTOPS AND WITHIN BUILDINGS) SURVEYING COMPANY HAS NOT EXECUTED A SEARCH OF PUBLIC RECORDS TO DETERMINE ANY DEFECT WITHIN SAID TITLE REPORT. THE BOUNDARY PLOTTED SHEET TILE: HERECNI DOES NOT CONSTITUTE A BOUNDARY SURVEY. MODIFICATKNS TO THIS SURVEY WITHCUT CONSENT BY 5URVET COMPANY RELIEVES SURVEY COMPANT OF ANY AND ALL LIABILITIES. UTILITY NOTES TOPOGRAPHIC SURVEY SURVEYING CgMPANT DOE5 NOT GUARANTEE THAT ALL DTILITI ES AND THEIR EIfACT LCCATIONS ARE SHOWN. IT 15 THE RESPONSIBILITY OF THE CONTRACTOR AND DEVELOPER TO CONTACT ANT AND ALL INVOLVED AGENCIES TO LOCATE rSNEET NUMBER: ALL UTILITIES PRIOR TO CONSTRUCTION. REMOVAL, RELOCATION HID/ OR REPLACEMENT OF ANY AND ALL /? ITILITIE5 IS THE RESPONSIBILITY OF THE CONTRACTOR NOT ¦ -1 THE SURVEYING COMPANY. ?/ ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SAMA ANA, CONTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FDLLCWS. BEGINNING AT A POINT ON THE WEST LINE OF ARTESIA STREET, AS SAID LINE WAS ESTABLISHED BY DEED RECORDED IN BOOK 54S, PAGE 55 OF DEEDS OF ORANGE CONTY, CALIFORNIA, 211 FEET NORTH OF THE NORTH LINE OF HIGOEY STREET (NOON EIGHTH STREET); THENCE NORTH ALONG THE WEST LINE OF ARTESIA STREET V FEET MORE OF LESS TO A POINT IN THE SOUTH LINE OF THE LAND CONVEYED BY BENJAMIN WALKER AND WIFE DEBORAH CARTER TRUMAN BY DEED DATED NOVEMBER 5TN, 1924 AND RECORDED DECEMBER 3RD, 1924 IN BOX 552, PAGE 22T OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA THENCE WEST ALONG THE SOUTH LINE OF THE LAND SO CONVEYED TO DEBORAH CARTER TRUMAN AND THE EXTENSION THEREOF 245 FEET TO A POW; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET A2TH FEET MORE OR LESS TO A POINT 211 FELT NORTH ON E NORTH LINE OF HICKEY STREET (N- ENGLISH STREET); THENCE EAST PARALLEL TO THE NORTH LINE aF HICKEY STREET (NOW EIGHTH STREET) 245 FEET MORE M LESS TO THE POINT OF BEGINNING PARCEL B: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL I: BEGINNING AT A POINT IN THE WEST LINE OF FAIRLAWN STREET, AS SHOWN ON MP OF THE FAIRLAWN PARK TRACT, RECORDED IN BOOK 4, PAGE 46 OF M15CELLANEOIS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, IF SAID STREET WAS EXTENDED NORTHERLY, :25 FEET FROM THE NORTH LINE OF EIGHTH STREET (FORMERLY HICKEY STREET) SAID POINT BEING IN THE NORTH LINE OF THE LAND CONVEYED TO WALTER G. DAVIS AND WIFE, BY DEEP RECORDED AWUST 24TH, 1923 IN BOOK 406, PAGE 104 OF DEEDS OF ORANGE CONTY; THENCE WEST PARALLEL WIN THE NORTH LINE OF SAID EIGHTH STREET 1015 FEET; THENCE NORTH IN FEET; THENCE EAST PARALLEL WIN THE SAID MONTH LINE OF EIGHTH STREET 101.5 TO A POW IN THE SAID EAST LINE OF FAIRLAWN STREET, IF EXTENDED; THENCE 50UTH ALONG THE WEST LINE 104 FEET TO THE POINT OF BEGINNING ALFA A RIGHT OF WAY OVER A STRIP OF LAND 25 FEET WIDE IMMEDIATELY ADJOINING THE ABOVE DESCRIBED LAND ON THE EAST FOR STREET PURPOSES PARCEL 2: BEGINNING AT A PONT WHICH 15 4016 FEET NEST OF THE WEST LINE OF ARTE514 STREET (AS SAD ARTESIA STREET EXISTED PRIOR TO SEPTEMBER UST, 1924, BEING 50 FEET WIDE) AND 355 NORTH OF THE NORTH LINE of WICKET STREET; THENCE EAST ON A LINE PARALLEL WITH THE NORTH LINE OF HICKEY STREET A DISTANCE OF ION 5 FEET; THENCE SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF ARTESIA STREET, A DISTANCE OF 46 FEET; THENCE WEST ON A LINE PARALLEL WITH THE NORTH LINE OF HICKEY STREET A DISTANCE OF 1005 FEET; THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF ARTESIA STREET A DISTANCE OF 46 FEET TO THE POINT OF BEGINNING PARCEL C: BEGINNING AT A POINT US FEET NORTH OF THE INTERSECTION OF THE CENTER LINE OF FAIRLAWN STREET AND THE NORTN LINE OF EIGHTH STREET (FORMERLY HICKEY STREET) SAID POI.YT BEING IN THE NORTH LINE OF THE LAND CONVEYED TOGA. DEMETROI APRIL 22ND BY DEED RECORDED IN BOOK 423, PAGE I6 OF DEEDS OF ORANGE COUNTY; THENCE NINTH ALONG THE SAID CENTER LINE OF FAIRLAWN STREET, AS SHOWN ON A MAP pF FAIRLAWN PARK TRACE RECORDED IN BOX 4, PAGE 46 OF MISCELLPNEQUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, If THE SAME WERE PROJECTED, 230 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF EIGHTH STREET, 142.4 FEET, MORE OR LESS TO THE NORTH-WEST CORNER OF THE LAND CONVEYED TO F N. LINDEN AND WIFE BY DEED RECORDED MY 11TH., IR29 IN BOCK 210, PAGE 102 O "'F"A" RECORDS; THENCE SOUTH ALONG THE WEST LINE OF THE LAND CONVEYED TO LINDEN AND WIFE AND ITS SOUTHERLY EXTENSION TO THE NORTH-WEST CORNER OF THE LAND CONVEYED TO L.E. GOFFMAN, AND OTHERS, ST DEED RECORDED DECEMBER I;N FOR IN BOX 335, PAGE IN OF OFFICIAL RECORDS; THENCE SOUTH ALONG THE WEST LINE OF THE LAND SO CONVEYED TO THE LQUTWWEST CORNER THEREOF; THENCE WEST ON THE NORTH LINE OF SAID DEMETRIQU LAND AND PARALLEL TO THE NORTH LINE OF SAID EIGHTH STREET 1424 FEET TO THE PONT O BEGINNING PARCEL C: ALL THAT REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY ON ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS: COMMENCING AT A PONT ON THE NEST LINE OF ARTESIA STREET AS SAID STREET WAS ESTABLI5HED BY DEED TO THE CITY OF SANTA ANA, DATED DECEMBER MTW, IR24 AND RECORDED IN BOX 545, PAGE 55 OF DEEDS, ONION NOW IS 125 FEET NORTH OF TOE POINT OF INTERSECTION OF SAID LINE WIN THE NORTH LINE OF EIGHTH STREET (FORMERLY WICKET STREET); RUNNING THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF EIGHTH STREET IN FELT TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID ARTESIA STREET 46 FEET; THENCE EASTERLY PARALLEL WITH TO' NORTHERLY LINE OF EIGHTH STREET LA FEET TO Ni WESTERLY LINE OF SAID ARTESIA STREET; THENCE NORTHERLY ALONG SAID WESTERLY LINE LD FEET MORE OR LE55 TO THE SOUTH LINE OF THE LAND CONVEYED TO DEBORAH CARTER TRUMN BY DEED RECORDED DECEMBER 3RD, 1924 IN BOOK 552, PAGE 117 OF DEEDS; THENCE WESTERLY ALONG SAID SOUTH LINE 125 FEET; THENCE NORTHERLY PARALLEL TO THE SAID WEST LINE OF ARTESIA STREET 46 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF EIGHTH STREET 271.6 FEET TO TIRE NORTN-WEST CORNER CK TOE LAND CONVEYED TO BENJAMIN WALKER AND WIFE BY DEED RECORDED MY 10TH, 1923 IN BOCK 473, PAGE T3 OF DEEDS; THENCE SOUTH ALONG THE WEST LINE OF THE LAND COVETED TO BENJAMIN WALKER AND WIFE BY SAID DEED 230 FEET TO A POINT 125 FEET WORN OF THE NORTN LINE OF EIGHTH STREET; THENCE EAST PARALLEL WIN SAID NORTH LINE OF EIGHTH STREET, 2716 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION OF SAID LAND LYING WITHIN TRACT NO. 521, AS S Al ON A MP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MISCELLANEOUS PAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA PARCEL E: PARCEL I: BEGINNING AT A POINT IN THE CENTER OF ARTESIA STREET, 380 FEET NORTH OF THE INTERSECTION WITH THE CENTER LINE OF HICKEY STREET, RUNNING THENCE WEST PARALLEL WITH THE CENTER LINE OF WICKET STREET, 032.39 FEET, MORE OR LESS, TO LAND CONVEYED TO J.H. YOUNG BY DEED RECORDED DECEMBER 10, KOS IN BOOK 95, PAGE 1% OF DEEDS; THENCE NORTH 30 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID YOUNG'S LAND; THENCE EAST 54252 FEET; THENCESOUTH 29271 FEET; THENCE EAST MR. BY FEET TO THE CENTER LINE OF ARTESIA STREET; THENCE 50J1 aV FEET, MORE OR LESS, TO THE TRUE PONT OF BEGINNING PARCEL 2: BEGINNING AT A POINT 3690 CHAINS WEST OF THE EAST LINE OF 5ECTION 11, TOWNSWIP 5 50UTW, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN AND 6165 CHAINS NORTH OF THE NORTH LINE OF THE CHAVES ALLOTMENT IN THE RANDWO SANTIAGO Of SANTA ANA, SAID POINT BEING IN THE CENTER OF ARTESIA STREET AND RUNNING THENCE WEST 4392 CHAINS; THENCE NORTH 4.435 CHAINS TO THE LAND NOW OR FORMERLY DINNED BY BEN FALLERT; THENCE EAST 4.392 CHAINS TO THE CENTER OF ARTESIA STREET AND THENCE SOUTH 4.435 CHAINS TO TWO POINT OF BEGINNING. EXCEPTING THEREFROM TWAT PORTION INCLUDED IN LOTS F AND G AND LOTS 12, 13, 5 AND 16 OF TRACT N0. 521, AS SHOWN ON A MP THEREOF RECORDED IN BOOK 23, PAGE 32 OF MI5CELLANE0J5 PAPS, RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION CF PARCEL 2 HOW SUBDIVIDED AS LOT 14 QE SAID TRACT NO 521, AS PAGE 32 M32 ` ON A MP THEREOF RECORDED IN BCVIC 23, OF MISCELLANEOOS MOPS, RECORDS aF SAID ORANGE COUNTY, CALIFORNIA EXCEPTING THEREFROM TWAT PORTION OF SAID LAND CONVETED TO THE SANTA ANA UNIFIED SCHOOL DISTRICT IN THE DEED RECORDED JANUARY 29, qIS AS INSTRUMENT NO 23606 IN BOOK IM33, PALE 194 OF OFFICIAL RECORDS PARCEL F: THE NORTH 145 FEET ON THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, 50B4M, DESCRIBED AS FOLLOWS: BEGINNING AT A POW IN THE NORTH LINE OF WEST EIGHTH STREET 02.4 FEET WEST ON THE POINT ON INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET, A5 IT EXISTED PRIM TO SEPTEMBER IST, 1924, RUNNING THENCE WEST 130,8 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET 130.6 FEET; THENCE SOUTH PARALLEL WITN THE WEST LINE Of ARTE5IA STREET 355 FEET TO THE PONT OF BEGINNING PARCEL G THAT PORTION OF THE JACOB ROSS ALLOTMENT, DESCRIBED AS FOLLOWS: BEGINNING 8032 FEET WEST O THE INTERSECTION OF THE WEST LINE OF ARTESIA STREET WITH THE NORTH LINE O' HICKEY 5TREET, AS SAID ARTE5IA STREET EXISTED PRICK TO SEPTEMBER 1 1924, BEING W FEET IN WIDTH; RUNNING THENCE EAST ALONG THE NORTH LINE OF HICKEY STREET TO FEET TO A POINT; THENCE NORTH PARALLEL TO ARTESIA STREET 355 FEET TO A PONT: THENCE WEST PARALLEL WITN THE NORTH LINE ON NICKEY STREET, 70 FEET TO A POINT; THENCE EXCEPTING THEREFROM THAT PORTION OF SAID LAND O NVETED TO THE SANTA ANA UNIFIED SCHOOL DISTRICT ;N THE DEED RECORDED JANUARY 29, 1973 AS INSTRUMENT NO 23086 IN BOOT( 10533, PAGE IN OF OFFICIAL RECORDS PARCEL N. THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 11, IN TOWNSHIP 5 SOUTO, RANGE 10 WEST, SAN BE_RNARDINO BASE AND MERIDIAN, CLNNTT OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POW IN THE NORTH LINE OF WEST EIGHTH STREET 602.4 FEET WEST OF THE POINT OF INTERSECTION OF SAID LINE OF ARTESIA STREET, AS IT EXISTED PRIOR TO SEPTEMBER I, 1924; RUNNING THENCE WEST 130.0 FEET THENCE NORTH PARALLEL WITH THE WEST LINE ON ARTESIA STREET 3% FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHTH STREET, 130.0 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 555 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE EAST 75 FEET TO THE SOUTH ISO FEET; AL50 EXCEPTING THEREFROM THE SOUTH 125 FEET THEREOF; ALSO EXCEPTING THEREFROM THE NORTH 145 FEET THEREOF PARCEL I: THAT CERTAIN REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE NORTH 25 FEET OF THE EAST T5 FEET OF THE SQUTI 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION aF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 10 WEST, 5 B B 4M, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET 6024 FEET WEST OF THE POINT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED WITH THE WEST LINE OF ARTESIA STREET, AS IT EXISTED PRIOR TO SEPTEMBER 15T, 1924, RUNNING THENCE WEST W b FEET; THENCE NORTH PARALLEL WIN THE WEST LINE OF ARTESIA STREET 3% FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF WEST EIGHT STREET 80.0 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 1% FEET TO THE POINT of BEGINNING PARCEL J: ALL THAT REAL PROPERTY SITUATE IN THE CITY OF SANTA ANA, COUNTY OF GUNGE, STATE OF CALIFORNIA, DE-SCRIBED AS FCLLOW PARCEL I: COMMENCING ON THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, AT A PONT 4016 FEET WEST OF THE INTERSECTION OF SAID WICKET STREET, NOW EIGHTH STREET, WITH THE WEST LINE OF ARTESIA STREET AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER I, 1924; RUNNING THENCE WEST ON SAID NORTH LINE OF WICKET STREET, NOW EIGHTH STREET, 2W.0 FEET; THENCE NORTH PARALLEL WIN SAID WEST LINE OF ARTESIA STREET, 355 FEET; THENCE EAST 207.8 FEET; THENCE -4 355 FEET TO THE PONT OF BEGINNING; EXCEPTING THEREFROM THE EAST W FEET OF THE SOUTH IN FEET THEREOF; ALSO EXCEPTING THEREFROM THE SOUTH 125 FEET OF THE WEST 150 B FEET PARCEL 2: THAT PORTION OF SECTION 11, IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF ARTESIA STREET AS SAID STREET WAS ESTABLISHING BY DEED TO THE CITY OF SAWA ANA, DATED SEPTEMBER 1% 1924, AND RECORDED OCTOBER IT, 1924 IN BOOK 545, PAGE 55, DEEDS, RECORDS OF SAID ORANGE COUNTY, SAID PONT BEING 125 FEET NORTH OF THE INTERSECTION OF SAID LINE WITH THE NORTH LINE OF EIGHT STREET (FORMERLY HICKEY STREET); THENCE NORTHERLY ALONG LAID WEST LINE DF ARTESIA STREET 134 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE LAND CONVEYED TO DEBORAH CARTER TRUMAN BY DEED RECORDED DECEMBER 3, 1924 IN BOOK E52, PAGE 227, DEEDS, RECORD5 OF SAID ORANGE COUNTY OF SAID ORANGE COUNTY; THENCE WESTERLY ALONG SAD SOUTH LINE 125 FEET; THENCE NORTHERLY PARALLEL TO THE SAID WEST LINE OF ARTESIA STREET, 46 FEET; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF EIGHT STREET, 271.6 FEET TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO BENJAMIN WALKER AND WIFE BY DEED RECORDED MT 10, 1923 IN 60.-K I13, PAGE 73 OF SAD DEEDS; THENCE 5, ALONG THE WEST LINE OF THE LAND CONVEYED TO BENJAMIN WALKER AND WIFE, BY SAID DEED, 230 FEET TO A POW N25 FEET NORTH OF THE NORTH LINE Of EIGHT STREET; THENCE EAST AND PARALLEL WITH SAID NORTH LINE OF EIGHT STREET 3966 TO THE POINT OF BEGINNING EXCEPTING THEREFROM THE EASTERLY 125 FEET PARCEL K: TWAT PORTION a: THE JACOB ROSE ALLOTMENT DESCRIBED AS FOLLOWS.. BEGINNING AT A POW IN THE NORTH LINE OF WEST EIGW7 STREET, DISTANT THEREON 6774 FEET WEST OF THE INTER5ECTICN OF SAID NORTH LINE WITH THE WEST LINE OF ARTESIA STREET, AS SAD ARTESIA STREET EXISTED PRIOR TO SEPTEMBER I, 114, BEING SO FEET IN WIDTH, AND RUNNING THENCE WEST ALONG THE SAID NORTH LINE OF EIGHTH STREET, 65.0 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 125 FEET; THENCE EAST PARALLEL WITH SAID NORTH LINE OF EIGHT STREET, 650 FEET, THENCE SOUTH 125 FEET TO THE PONT OF BEGINNING PARCEL L: THE EAST 50 FEET Of THE SQUTH IN FEET OF THE FOLLOWING: THAT R'NtTION OF THE JACOB ROSS ALLOTMENT, DESCRIBED AS F O 5: COMMENCING AT A POINT ON THE NORTH LINE OF 1; INUN e1H STREET) 4016 FEET WEST ON THE INTERSECTION ON SAID NORTH LINE OF HICKEY STREET (NOW ON STREET) WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER I, WN, RUNNING TNENCE WEST ON SAD NORTH LINE OF HICKEY STREET (NOW BTH STREET) "15 FEET; THENCE NORTH PARALLEL WITH SAID WEST LINE OF ARTESIA STREET, 355 FEET; THENCE EAST 200.0 FEET; THENCE SOUTH 1% FEET TO THE POINT OF BEGINNING. PARCEL M: THAT PORTION OF THE JACOB ROSS ALLOTMENT BEGINNING AT A PONT IN THE NORTH LINE OF WICKET STREET, WOK EIGHTH STREET, 300 FEET WEST OF THE INTERSECTION OF THE WEST LINE OF ARTESIA STREET WITH THE NORTH LINE WICKET STREET, AS SAID STRUTS, AS SAID STREETS EXULTED ON NOVEMBER 20, 1906; TH-NCE WEST ALONG THE NORTH LINE OF HICKEY STREET 1016 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF WICKET STREET, V 6 FEET; AND THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 12500 FEET TO THE KINT OF BEGINNING PARCEL N: THAT PORTION OF TIRE JACOB R055 ALLOTMENT DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, WITH THE HEST LINE ON ARTESIA STREET, AS SAD ARTESIA STREET EXISTED PRIOR TO SEPTEMBER UST, 192a, BEING 50 FEET IN WON; THENCE NORTH ON THE WEST LINE OF SAID ARTESIA STREET, 125 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF HICKEY STREET, 100.4 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST PARALLEL WITH THE HORN LINE OF HICKEY STREET, 50 FEET, THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET TO A POINT IN TWO NORTH LINE OF WICKET STREET, NON EIGLI N; THENCE EAST ALONG SAID NORTH LINE, SO FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET TO THE TRUE POINT OF BEGINNING PARCEL 0: THAT PORTION OF THE JACON ROSS ALLOTMENT DESCRIBED AS FOLIOWS. BEGINNING AT A PONT IN THE NORTH LINE OF LIGON STREET (FORMALLY WICKET STREET) 1504 FEET WEST OF THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR RO SEPFEPIBER UST, 1924, BEING 0 FEET IN WIDTH: THENCE NORTH, PARALLEL WITH THE WEST LINE OF ARTESIA STREET 125 FEET TO THE NORTH LINE OF EIGHTH STREET; THENCE EAST ALONG THE NORTH LINE OF EIGHTH STREET, BS FEET TO THE POW OF BEGINNING. PARCEL P: THAT PORTION OF THE JACOB ROSS ALLOTMENT, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF EIGHT STREET (FORMERLY HICKEY STREET) 2364 FEET WEST OF THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIAN STREET EXISTED PRIOR TO SEPTEMBER UST, 1924, BEING 50 FEET IN WIDTH; THENCE NDNN PARALLEL WITH THE WEST LINE OF ARTESIA STREET, 125 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF EIGHTH STREET, 616 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF ARTE5IA STREET, 125 FEET TO THE NRTN LINE OF EIGHTH STREET; THENCE EAST ALONG THE NORTH LINE OF EIGHTH STREET, 616 FEET TO THE POINT OF BEGINNING PARCEL 0: THE EAST 7S FEET OF THE SOUTH 12S FEET OF THE SOUTH 125 FEET OF THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION ELEVEN, TOWNSHIP FIVE SOUTH, RANGE TEN WEST, SBHI AS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF WEST EIGHTH STREET, W2.4 FEET WEST OF THE PONT OF INTERSECTION OF SAID LINE WITH THE WEST LINE OF ARTESIA STREET AS IT EXISTED PRIOR TO SEPTEMBER UST, 1924; THENCE WEST IWO FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARTESIA STREET 355 FEET; THENCE EAST PARALLEL HIT" THE NORTH LINE OF WEST EIGHTH STREET, WIT FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF WEST EIGHTH STREET, 130.0 FEET; THENCE SOUTH PARALLEL WIN THE HEST LINE OF ARTESIA STREET, 355 FEET TO THE POW OF BEGINNING PARCEL R: THE SOUTH 125 FEET OF THE WEST IWO FEET OF THE FOLLCWING. COMMENCING ON THE NORTH LINE OF "I STREET, NON EIGHTH STREET, AT A POINT 40.6 FEET WEST OF THE INTERSECTION OF SAID WICKET STREET NOW EIGHTH STREET, WITH THE WEST LINE OF ARTESIA STREET, AS SAID ARTESIA STREET EXISTED PRIOR TO SEPTEMBER I, 1924; RUNNING THENCE WEST ON SAID NORTH LINE OF HICKEY STREET, NOW EIGHTH STREET, 2W.0 FEET; THENCE PARALLEL WITH SAID WEST LINE OF ARTESA STREET, 355 FEET; THENCE EAST 2008 FEET; THENCE SOUTH MS FEET TO THE POINT OF BEGINNING LFSSOR'S LEGAL DESCRIMON SEE THIS SHED PROJECT ELEVATCNS AND CLOG -HATES ARE ESTABLISHED FROM GPS DERIVED ORTOOMETRIC HEIGHTS, APPLYING GEOID 99 SEPARATIONS, CONSTRAINING TO NG5 CONTROL STATION WTI ELEVATION- 420 (NAVOOB) BASIS OF HEARING BEARINGS 5WOWED HEREON ARE ESTABLISHED BY IS STATE PLANE WAD03 COORDINATE SYSTEM CALFORIM S? MOANECOQVOTRTESYSUEYZONU,, OBTAINED BY GP5 DESIGNATION 15 MDE TO THE TITLE REPORT ORDER X07-125105313, ISSUED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY, DATED APRIL 24, 200T. ANY AND ALL EASEMENTS DISCLOSED WITHIN 5410 TITLE REPORT AFFECTING THE IMMEDIATE AREA ENCOMPASSING TWE LEASE AREA ARE DEPICTED ON THIS SWEET (EXCEPT FOR LEASE AREA'S LOCATED ON ROOFTOPS AND WITHIN BOLONGS) SURVEYING COMPANY HAS NOT EXECUTED A 5EARCH Of PUBLIC RECORDS TO DETERMINE ANY DEFECT WITHIN SAID TITLE REPORT. THE BOUNDARY PLOTTED HEREON DOES NOT CONSTINTE A BQUNDART SURVEY. MODIFICATIONS TO THIS SURVEY WITHOUT CONSENT BY SURVEY COMPANY RELIEVES SURVEY COMPANY OF ANY SURVEYING CCMPAW DOES NOT GUARANTEE THAT ALL UTILITIES AND NOR EXACT LOCATIONS ARE SHOWN IT ;5 THE RESPONSIBILITY Cl' TOE CONTRACTOR AND DEVELOPER TO CONTACT ANY AND ALL INVOLVED AGENCIES TO LOCATE ALL UTILITIES PRIOR TO CONSTRUCTION. REMOVAL, RELOCATION AND/ OR REPLACEMENT OF ANY AND ALL UTILITIES IS THE RESPONSIBILITY OF THE CONTRACTOR NOT PIANB PREPARED By. ¦ ARC W ITE CTB - INC. 26170 ENTERPR15E -- LAKE FOREST, CA 92630 PHONE (949) 716-9940 FAX. (949) 297-4708 N0. 1 GATE: DESCRIPTION: BY: 1 04/OJ/01 PRELIM SLR- N1 2 05/09/07 INAL $UR y LP 1 &TE INFORMATION: EL SALVADOR PARK LA03009C 1ffiS C- CENTER OB. 9AWA ANACA - TOPOGRAPHIC SURVEY NOTES: Q NEN T-MCDILE e'-a , aa'-v (moo sa FT.) E411Pl91T LFABE AREA NI7N NFlN T-MCBRF nEra RO'F ro nAra canR kb TYPE 70 ADUACBfT EIOBTING BULDING ROW O NEw T-PIOMLE i5'-0' NNSi MONCRNE AND LOCATNN W NBI r-eueu.E Axreaus. O 00071NG TREFS. 7YPNAL O EXI8TIN4 BlSEa1t.L FIELD. 06 IXmnNG woL AREA. O FRPL9IGNIRDWE. AOOBB EA3ET1pi7 O IX81TkIG ~OfA(E'f6LL1 CNRT. OD IXDTNW GRAJ6 AREA O9 IXL9TWG PUTGRgA1D AREA. O IXIBTING 6-3' NIW LNiR 57ANDARD ® E708TING 3i'd NNiI R.Y FYE.E i0 BE RE1DfJ~Tm ® IXIBTING PId7P6tTY LME 19 E785TING THLO GBINt7 AND PAG POR TELCO. O NEM T-M]B8E TEECO CABII$T N/fiBLK. ® NEFI T-ECdIE 7E7G0 TRDCH FOR I-7 PVO 14PIAL RWE AND TD(A LR8 FPOn NDI TFLCO CABINL7 TO EQIBTFNT OABWEfO FNOIDEURE APPROA',. 470'-0'. O IXIBTENi H7&R TRANN~IC1pl. OM IXISTING Putt 80N, O IXIBTING TREE TO BE RB'IWED, (NOf TO lE RE-PUNfFD) ® NEM T-nC81LE ABPVyyT PAVING SITED 50. Fi. ® E700TING 811EDHG. MOF TD BE REPIIGE AND TIATOI COLOR AND TYPE TO N94 T-MOBILE BUILOINf. Q E1fEiT11Y. BUILDING wrtN Hera RWF. T-M®ILE ra MATCH C0.Qt AND TTPE R7R NBN i-MLBNE ROW. ® NEN T-FK61LE (7) E' NNiI MTN 4p' yp( (aNARf gUFb PINE (PN10 GVURIENT40) TO BE PLANTED AAUCDlT TO NFw T-nOBILE I'KNOPIIi liWIGfLIRE. GONiRALTQt TO VFRIFT IXA4T LOGATN71. SITE PLAN i I ........ ,.,. r 9 ND76 ; ~ v ~ .l ~ .. Asnutr N uu aP tNE ~ f, •I C~ ~ , ~ ~, I CRlDRNNi TO PLWT I aa> vsr cwsn aao ~ 1 ~.,.. _._,,' ~ w8.'BR.u t ~ NEW TANS PREPMEO BY: T-MOBILE ~~ ~ ~. ~~ P `'-~ SEE ENWLGED •-••~ ~ ~ ^ '' I 810 90. PT. EOJIPMENT PlN! 10 I ON A-7 (• \ ~- ~ ' ARCHITE CTB -INC. g` ~~ I •:. a " a I ~ "' I ..' K fii I r 16170 ENTERPRISE >1iW I i ... :. n - ., ` ` ~ L~wRESr, u. 97630 _~ .. to I ~ ` '~ ~ ~ (949) 716-9940 { ':~-' AXE 949, 1R7-4780 \j~ ~ ~~ 1 } ____ _ __. ". ~ ( I~ ! ~ `! J ~ ~, 1 ii ~ DONSULTIN6 Df10l1Pi I / '{\ G ~ ~~ ire <~~~0 f "^ `~ ~ .. { _.... ~_... __ _ ~ i ~,.. _ ~ ..._.. .. ./ ,~ ~ -- I O. D SCR ~ ;- _ _. _. _i. L._ ___. I i ~~\ I ~ N t O] 2/08 DEiORRE]'VDIEW eYMY _„ [ I ~ / ~ /~ ~. ~ ' ~ ~ ~, ~ ~ ILL T 1 OJ/13/OB FOR REVIEW M I i,t I ~ I 1 ~ ~ I i ~ "~ 3 07/20/08 REVISIW~45 NC o ~ i I ~~ ~ ~ 4 08/21/08 REVim~oNS ~ II ' J I; { ~ 1 I I 5 05/28/08 LWDBGWE + ~ ~ .C .. _ j ~ ~ .:'' a o]/oe/oe ~~ FN r _ ~ / Y I ~~ .... .... - 1 ] Oe/Ot/OB RCLIENi /% r GI5 I i - .. . ~ ~. REDl1NES I' i ., . ~. / :~~ .. ~_ J ~ 8 08/10/08 -t , alENr ~. I REDLINES n, ... _ - >t~ ~~ ~ ' ~ ~ e l0/o1/oB CLIEM aY I{r ~ ~ 111 .. ~ ~ RE04NES ' ~ ~. ~ ~ ~ . ~ ~ : _ & - SIZE INFORMATION: VA R o, '. ~ ~ S ~, E AL D ~, jI ... ti :~i ~ j PARK I ~~ ~ ,' •~ `~ s ~ ~ ;,` LA03009C I ' _ ( i ' J ~i S* - ~ ~ ~ ~: 1R5 GWC CE ~RDfl. W. _,_ r _ .. . . (i..' ~ _.. SMITA MU. tli0.l I _ ~ - ~ y _ _.- • ? : M1"-~ -'~ ~ n ... J ~_~ ~- ' 1 ~~ -_ . b'. y4. .. _.. .. 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AN) (2) TMAS PFR SELTCR ® IX LOCATxN W PENS G71ROC71 ® Nw T-PLELLF PETIEITFD (4) PMEL ANTFHIAG P!R SECTOR 'A' AT 9tl Ail'SIiN 1 2 iTU'S. OW Nw T-WlnILE PEEMLT) (1) PAIffi AIITBdUS P9t •#OfGR 'B' AT EO' ALMIIDI / 2 TMAS. ® Nw T-MmNE PCUNTED (1) PANEL ANTEMK9 PER SEROR Y' AT T1V A2IPAlIV1 1 2 mAS. Ii Nw T-M[LIIE EL.EGiRIUL WL TRFNW Wt1N A 4' CRdIR fRR1 Nw T-Fx81LE PCEBR PETER TO EOIEPEIIf ENOOSURE. '~( I N '~' i' ~ ~~ i I ~~ L4 I ~~ .. - tys ........AE _... f. iAL (AID( ~~) ® Mw T-P1G[RLE OUdEB AND BP9TON IVY ~ 17 Nw T-M796E 6PS ANTENNA (PARINDY1CISfi16 TRIDISPIDA7A) [RMi1NG ~ ® IXISTNG la'ER KTQB. v>rm WrNlx Nw .1'zr aIm RANIm ® Nw T-11'.BILE WALL PIDNTED N-PRIME 0 Nw T-rxenE eusuB3 ANO BOSTLN n~ (PARTH]lOGI55US TRICUSgDArA) ONNING PCNER PETER. ® FNISTING PULL BOIf IV1R POWER. VW9 WIYIIN IXISTEW R.VTf9t. ' ®Nw T-EYEILE HP ROOF WI7N STARTER PELT O Nw T•PCNLE TELCO TRENCH FOR I-7 AND PETAL RAuNNG FCR WEAT4Ela%tlRNG. ~T m r Tiw~c~TS ~ Q la T-nmLE ExPlrala .nrrr Plum To v APP%M. 479'4 ® IXISiRIG TRFFe AN) SIRB4. 7TPICy.. FE11911 ~71NT. PAINT AND TEMLRE TO PGITOI O Exlsrrrr GRASS AREA. 37 Nw T-K91LE ]MA'S P!R BER011. TTP. O EkISTNG B-0' HW LGHf STANNVtD ® IXSTWG CPU Y1ALL FRO1 IXL9TIN6 GUIDING. 0 IX6TNG eulLOn+G To REn1w w PEIOE. R07F TO BE REPIKE AND PNTW COIDR IND TYPE To Nw T-rImE.E BlxuxNC. O ~F~ BTESaICr GBIFRATOR ® Nw T-HOBI.E PAR7RNN WALL DMpN: Nw RW1 To co-LOUrE EaLwnENr Pa wnEEe USE Rp91 M BIRLeTURAi 91aTa Fca cetNU. ® Nw T-PImIEE A"AYLT PAVHNi 13199 50 PT. O ExtliING TREE 10 BE RQ1UV®. (H1F TO BE RE-PLINffD) 31 RIME A' NOE IOCES6 00.8 TO MORE Cq0-FGUIRIEM R00!'I. ® Nw T-PCBILE (]) 76' WW YNTN Ae' EW( LY1ARf 19I.N1) PPLE (PINTS CANIItltRSls) TO FE PEANfFO IDA'OENf To LEN TiIfBILE PDNO%N[ s7alc'rIB¢ tDNTRACia to V9tlfY IXAGT LOCATIOPL ENLARGED SITE PLAN . ¢ ', / I I / SE[~_TLR 'G' I 1)0' AZAZ YI,'4 1 f ' , a y~ / ~/ ~ ~ ~ ea' / C A /• ~ I a-~ 111 l 2 ...~ / ~~ I ~ ) I I ~ y ~ I ~ ( ,~ ~~ . - f i -._ e= _. .. D I I ~ ~.}__..... ~. .. j-...... ., __i_ I I j 1 ~~~ ~ I 1 W ~( , I j I~. I ~ ;~ I ~ ~~ I i I I ~ ~ ~ ~ ~ ~ I~ 1 a -- \ I \ ~ ` -~ e y E - N Lr u' ~ ~ ( e -~ luG-rl ;~ I`` ~ ~ ~ ~ I ~' . . I._'' !\ ", ~ .. `} , ~f i ~Fp I J // '~ ~Y / . ~" ~#~ ~ - .'3i Yil~l' w, ~a+T art~U wA SWIE 100 ARCHITECT6-INC. XI70 ENTERPRISE Nf00 LAJ(E FOREST, CA. 9X30 PHONE (949) 71G-9940 FAX. (M9) 247-dTBB EL SALVADOR PARK LA03009C ime crvlc LErrten ox w 9AMAANA, CA 92/OJ ENLARGED SITE PLAN A-2 _- - -_. -' ,. :;,~ ~T~ I'%BILE nQILPINE. -------- ~ G -- ---NON T-K&LE GPS ANMWNA MMJiFD a ANfPON BRACXET. _•. ' '` ~ ----------_ -----.~..." VK' A L. o NEW T-PO&LE (,) AMENNA ' N'~~ ' ~ ~~ _. - - ' ' ' E. . $ PFR 90CTCR Y 1 • • 9-TMA'$ MURffED CN NEW K' lE6Vl 1101CPI1E AT 770' J! ~ ~ NEW T-I ILdIE (x) x6 NIGH wRN ,E EOi( fNUARY 191110 %NE N W ]9v usr wASll AB•n, svbc zm oNrwbo a vl~si ~ A211ATRE PAP97FD GRF73! TO I'NTCII NFN MAIKHES - - -- (PI US G NOBBU$) TO EE PLAYfm ADJACENT TO NEW T-MWIIE . . ~ , __ _ _ ~. . ~ _ TA. NEW T-MOBILE PANEL ANTENNAS. _/ •~. ~lN-OT A41. - - _ _ _. _. _ . , ~ , .. ~RAD CFN7ER OF MEW T-MOBILE PN~1. ANlBY1V. ~ ~ y+ .'.~-- ' ~ 55'i'A61. ___ _______ ~€' _._ --_ . .._ MONOPWE STPIKTIIRE. WIIAALTGR TO YERIFT o1ACr LGUnw, _. OO$TIN6 36' HIGH FU6 PLLE TO BE RELOCATED. -_ - EXISTING TREE . Ti'PK11. P UN$ PREPMEG ey: . ARCHITE CTfi IHC. NEW i-MOBILE (,) ANIENN9 PER SEGTpt 'A' 1 ' ___.... __EYJSTIN6 TftFE TO EIE RRI x6170 ENTERPRISE lG00 ~ 7-TnA S ItlUNfED W NBV K' HIW fpIOPINE AT 90' _. ~ •; AZE RI ' WE ANO NOf Rp7AGE LAKE FOREST, CA. 9x630 Xl PAINTED 6REd TO MA7 OI NEN BR/OILIIES ~` ~ ~~~4a £ ~ _ , -_ - NH, T-110011E 30'-0' % 19'-0' LO-LOCATIOLE ODILDOIG AND LCOATION FCR NFW LEASE AREA PHONE: (419) 716"99'10 iAX: (949) 247-,706 18i T-MCBILE (,) ANTBlNl4 PER SFLiOR 13' 1 ~~ a ._--. k '_ R'AOF TO MATCH CLLQt AND TTPE 70 IXI$TRI6 AD IICENT 001DNG METAL R0.'F 9-TITAS MOLNTFD RL NEW K' Nltll l1RY%NE AT 60' A2AMH. PAINIID fJIDI TO MA7LlI N0N BRANOIFS. - '^ `~'~' ~ + . . ILLATION LE (i) 7NA: EOJIPMENT CA9NET5 oNSULTiNG GROUP: NBN T-M09LE K' HYyI CANART ISL.NlD MONOPME WTH M. "4~ '~ - NW T-MLBIIE Ni'-0"Y1x' LEASE AREA 9RNLATED BARK 7RlT AND (17) NFW T-MGBILE PANFl ONTE/kU-9 a , +}_ ~ I li -NEW T-MWIIE HIP RWF. r9~r : I ~ ~ jam- ~ ~ tX15T9i6 BUIlDW6. ROLE TO BE REPVLE TO MATCH CgDR AND TYPE TO NEW T-ti~IlE EXISTING 16'-3' NIW LIGHT POST I C H;y _ ~ ROOT BUILDING NO. GATE: DE$CRIPNON: ' 8Y: C+- ' ~ ~~ 1 03/IZ/OH 80F ZD 8 FOR RENEW My V k 1 " S ~. _ __ _ PXI$TWG PC/NER MEfER3 _A.1 ~-:, .i~ ~ ~ 2 03/13/08 i0R RENEW M J~IXIST@i GRADE LEVEL. I t ~ ~'~, •` '1 : i ' ~+ ~ ,~ NEW T-M001LE %M'ER ME1SE. • ~ 3 03I20ID0 RENSIONS MC YfT-C AG.L. _- _ . "-': ,' ~/- CLIEM \ ~ NBN T~'1001LE d-7P X 10'-0' VBIT. 4 OS/xt/OB RENSIONS FN N0, T-M(EIIE BIfJ7E9 Alb B09TCN M PARTHBL S 05/29/08 UNDSCAPE REVISION9 M ( OCgBUS TPoCU9PIDATA) CRUiIW. NNE9 WTNIN NEN ,OC CURB PLANTgt. B 07/08/08 REOU ES ~ WEST ELEVATION scALE 7 08/01/08 RE~LEINES CJS : 1/8' = 1'-0' ~ 8 OB/x0/O8 cuENr REOUNES Jy 6 1o/ox/oa cuENr REDLINES ~. NFW T-FORCE GP$ AN7BNA MOLN7E0... _ - - - a A4TFNIA ewcXEr - _ _ _.. _ _ _ _ _ _ _ TD. NBN T-1O91E ML/OPWE ~. f _~ 7~. SITE INFORMATION: NEWT-MOBILE(„ANfWN9 PER 9FLTg1 '8`, -- - - ~ EL SALVADOR 9-iMAY fA3W7FD a NBI K' WW 110A]PNE AT iP AOHIIII. PAWTFO 6BHl TG MATOI !sr ERNIOIES ~ T_0. NEN T-KBLE PANEL ANi04415. __ _ _ 11 -46'-~GL - - - - - Y PAR K r:y - ~ RAO ~t1ER aF M0Y i 1'ImILF `"r1 ANilNlM1S NEW T-FLOE! K' MOI CANART pE.W MONOPIME-- _ ~ NVi A61 LA03009C W17N 9MMATED MPl( TREE AND O9) NFw T-1%OILE PAf76 ANi@lIMD H~ - 'p M T'9~ M (ED W e9b CMC CENTER GR. W. ~ "~ - ' 9• l Fg f ON ' Hill MOIIO%NE AT b SAMA ANA. CA !9703 E%L9TRY. !P-0' NkiN FLAG IOIE TO BE R80GTED. ~':. ~ • ~a '. ~ ATE1JiH. PANTED GPE8l TO FNTCN 181 P.RAN043. -- -NEW TACOIIE (9) E' W W WiN N' OLpf TEAL: NO, T-LCOEL !C-d X 97-0' CO-ILGTMI.E ENLWi AID LaATMN TOR NON IPAU AREA. xal Roue m rura railF AND 7TPE TD ,. U9l'RT LMANO PRE' (PFAN3 CANARIFNlB) TO BE PWL1eD AOL@ff i0 NBi T-PIm6E I6xIWIK S7AUCRRE CW7RKTgl i0 VBtlFT Ewa IffATXN AD.LLBR d1RDN6 Y11N METAL ROOF. - ~.:.~,r> . N[N T-1Y.BRE HP RO7F. ~yt NOb T-1EOIlE IV %97 LEASE IAFA. , ~ - :r - IXISTIW b'-0' 111411 llMlT PWT PXISIIN6 BMLOIW. ~ - . ` \ ROCf 700E ~ RBIILE TO FLATCH ~ TT~ - '~, r. I'I SHEET TREE: mnR Arb TTPE - - - ? 0 _ roNEwr-1XBEE t _ I - - '. ' T ~ ~~ ~ '~ ARCHITECTURAL l} a Ali t . ~.{.~-... ~ ~~~ +~ ELEVATIONS _ NON T-FI6pILE (6) 9X6 mllPttxr G0NE7$ / \ `-NEW T-W0311E d-K X M/-a' VBTf. F%BRN6 GRADE LEVEL. 0'-0 7GL L0G71RL ~ NBY T-FLlRE lJ51® Ilb HOS70N N1' (PARiNOWpDl/b TRK1pP¢A1TA) OI.WJNG VRES NRIRN N[N 17O'CLPB PLANTER SHEET NUMBER: EAST ELEVATION scALe ~-~ 2 I ALL MAIN LINE LATEIVL RPIWi Alm CQ77RCL wRES UNDER 4 WRES TO CRTDm1.LEit {; d ~4' PAYWG bINLL BE NSTALLED IN SEPARATE 9LEEVES~ IWPLNE Alm / NATERPRLYF WIRE L .. A LITERAL LINE SLEEVES 9HeLL BE A MwMMT W TNCE (2K) 7HE VALK, CURB, IEADR, ETC. IXI9TING WATER SOJRCE ~~ 11C) (~-- ~ ~~. ~, .. . DWNEIBR W THE RPE TO H SLEEVED GNTR0. WRE 9LEEVMG SWW. BE 9UFFlGENT 9(ff FQE THE RFGIRRED NUPEER a WRE9 FINISH (BADE AND-SIPNGI VALVE LNDER PAVNG _ yyT ypp 2 ALL LITERAL LINE PPMG UNOBt PAVRAG SWILL BE BGEOLIE b 3• - oxrxeo, a e PYC %PE AND SNALL BE NSTALLm PRIOR TO PAVNG. - -~ W'LE ~~ PlANB PflEPAREO BY: i nPE 51TFS sLUt rcNFaw tD TmeE 9KSN cN TILE DRAraNGS __ - NO SU64TTVTKIK Oi SMALLER 9~ WLL BE PERMITTED BIJ( a. • 1, - -... PAINT E?ATaFD P/C - ^ SUB'STTMK1Ne Q 1.1~.ER Sfffi MAT BE APPAOIED. ALL PAMAGCD _ _ ~` Fes- PtP-I.P NEAO Y`~'l'~ PIPE WBLLVER PAINT AND REFLTED PIPE SHALL BE RBiW® fRQ1 THE SITE AT THE J~ y,. Itp ~ THE ~ SAID REJE<Tld. SGL L&EL ARCMITECT9 -INC. /. NBN VALVES SHALL BE LpNFLTEp TO EXISTNG GIfKK. ~~ Q PVC SCH. BO RISER __ 5 "-~ ~MARLE% STREET ELL ~'~ ~~~~ SGN i. ALL SPRN(LER NFA05 9NALL BE SCi POEPdDKAIUR TO FNeN /PVC TEE lIR ELL METAL PIPE AND Fll'TMGS LAKE PDRF5T. LA 91180 GRADE UN.BS ODIBIWSE fiPEGF1ED. (// ~ PVC LATERAL GALY. BRASS OR COPPER Q ~ F'410NE: (949) 716-99b T FWSN AND PA115T ALL BPRIHtiHt HEADS Nm VALVES FOR TO Y.{LVE ~ ~ ~ RPE FAK: (949) 297-4788 OPTP9R1 CG/ERAGE WTN MINIMIl. OIEIt SPRAY CNTO MAUC4~ sTRFET3. 4NLL, ETC DOUBLE SV N J INT CONBULTIHO ONOIw: e. R 6 711E RESI'ORl®IU7T a THE IRRNN7TON G7NTRAROR TO PVL ~ ~-. --~ FAMNJAPBEE NPL9FlF WITH ALL .BADE DIFF9lENCETry lOUTKN R WMLS~ RRABWG WALLB~ STRUCTURES AND UTLRIO. THE TD IRRIGATICN~ IRRKATmX CQTTRALTp! 71lALL REPNR d REPLYE ALL REM Dl9'DI AS INDIUTED DAMAG® 0T NIB NORK 9 W NOT NAIENLY NSTALL TE SPRINKLER 575781 As 51IaaI NOT ~p SD/NBNTE POP-LQ BCDY A-.,.NTS ANTI-SIPHON VALVE 5GN5Nrs H ON TIE DRANING9 IiIEN R 19 OBVKVB IN THE FlBD THAT UNDIGt! ODSTRUCTKNg, GRADE DFPERENCES CR pFFERENCn N 7NE AREA N -~_.. _. .. - _- __ _ DRBISKW EXIST TNT MIGHT NOT HIVE BEd CONSIDERED A.RNG - ~ DESClIIPTId Gii py RAD 3 1 3 S7TBeL nFG. ~¢ ~~ xo. DATE: OFBCgIPTION: BY: 141GPIEfR1IG, SIKAI CBBTRUCTIOIB d OIFfERENCES 9NDILD BE ^N ! WATER METER _. _. _ ~~ ~ _1 ~ BOZ ZD'S _ ~~- - O ® 1 07/12/08 FOR REVIEW BRGIGIT T01HE ATTBTTQI Of 7NE OWIEES AUTNgtDED I ~ - -- ~ REPR~@ITATP/E ATm ilE Ott LA7b5UPE ARC4ITFLT. IN THE - _ LINE SRE BRA56 GTE VALVE M BOX BELCW GLIDE _.. 100E ZD'S EVENT iHlB NOMFlUITW B NOT PCW0101ED~ 7HE IRRIGATON 0 RAPBBm EFB-CP ELE'CTRK - _~- I 2 0.S/1J/OB FOR REVIEW ~ - _ CCNTR0.VALVY M PVC 8Wf EIELCW GRADE ~ ~ .+E -O 7 07/20/08 RENSmNS OONTRIL'TQt fi11A11 ASSUME FULL RtlPds®RTTT FOR AVD _. ._ _. - MG REVLLGb NEC%9.ART. © RANBIRp '~ BP SERIES /-STA7HN GLDLK - 01lTDC17R 7T'PE WITH RAM BIRD 'RAN CHECK' 4 OS/21/08 CIJEM ~ D. ALL SPRBSSygI Fd149'HTT NOT OMERNSE DETAILED OR AUTRIATIL 541!7-CfF OENCE ON LLOGC ^ RE~1510N5 5PK67ED 511111 E NSTALLED AS PER MANUFACTIRfltl ~-- - IDOL4TNN VALVE ~ ~ _ l - V 5 05/29/08 LANDSCAPE ~, ~ RANBIRD _ RENSmNe REEDTFFEImA7EDl5 AND 5PEf1FYATaxs. _ _ . _ _ . - 1 _ n. REFER TG rEaFUAtmxB rca ADgTIR1LL DETARED =' '~ ~ ur[RAL uNE ea. a sOE As 541dN 12' BE_lw GRADE ._ - -- ... ® e o7/oe/oe cuENT FN REDLINES 11QCNTKII. MAN LME IS PVC. CL 36 21' IAIDER PAVING IN SLEEVES - Q. ANTI-qNN VALVE (AW.) AS SNOW! IN THE DCTAILI MAT NOF 2 77FIE5 pA. W PWE ~- _ . ~ 7 08/01/08 CUEM GJS BE RFp1R®d ALL 1[ADB. PRKBi TO UBTALU7YBi~ TIE _ _ _ - _ _ ~ ~ REDLJNES CgTTRACTpE SHALL VERPT TIE QI 9RE GRADES. E i1lERE Ei M! d RAPEIRD 5G-0 BL~I.FR S SO Ib f 5 e II B 08/20/08 REDLINES 'R _ _ LUEM _ _ ELNATNIN DBPERBICE W 11 fYNES GE TYmRE BETWEBI iNE e ~ - - .._.. - - ~ _ NIG41B1T KAD AND 1VE LCENEST NERD W TIE STSTETI~ THE ~(. RANNRD 5N-B BUBBLER -... _- 9 10/02/08 CLIENT b S, I. RAMC VALVE BOK WRN 7. RFPIOTE CR1R20. VALVE flEOCNES '~ VALVE SHALL BE NSTALLFD PER 14E DETAIL. _ 10 SO IOCKPIG CWER. a MALE ADAPTER B. TE DE61GN USED oL1GPA1fIAM. ALL PD4NG. VALVES, ETG.~ P ~ RAREIRD ION-U POP-UP NERD - _. - _ CP/FR £IULL BE BPANDED TO 4 A' Di 9NOEN WIT4f1 PAYED AREAS I6 FOR DESIW CIARIF7UTNN ONLY _._ .f 90 e~.. IDENTIFY RFEY7TE GdiRDL VALVE. M, b2'XI'1f5i' REUNWD B EDGE Alm SHALL EE IIL4TNJ.ED IN PLANTING AREAS WEREVER PC66IBlE 1 RANNim KD-U ~ PoP-UP HEAD -_ _ -- _ ~ ~ ei 2 EPWfY TILLED COENKTGffi Of B[Df PARALLEL. Mm OPPC6ITE THE CRTTRALTgt SHALL LOUIE ALL VALVES IN SIR.B ARELS, i ~ RANBEED ~ VANi VMU~HIli SRNT _ - --_-- _ __ i IDdTIFlU17GI TAGS OF FKAI OTNFR. N. TIE CQfIR/~LTCR 9NlL YERIFF 11E 87ATK; PRE-0lRE TD BE -_. - i -~-.-_ ' _ A_ 'b _-~i' J 1. CQITR0. WRH (I'INEIUM KI II. 9O E31 BrtE IxPOgNAnOx: WRAPS DN 1'PYC RPE, D.. MARLINE EL SALVADOR A9 BTAIED d THE 579781 RFaNRB1IXT. SIIOI/LD TNe STATm ~ CMTRILiQt SHALL MODIFY NOtD2 BEIFCTILN AS NECESSARY TO PREVENT OVER SPRAT d UNDER SPRAT. 5. PUT GRAVEL B. FlNISH GRADE FReSetBe ExcEm pf of TIE DESIGN PRE98URE. INSTALL A uEAO SPACING 91NLL BE ebi DP RAD115 ae F41AL. f GRAS WPPLE (TT'P.) YN~BW~ ~;LY DaYffi7RFATT E°~~(TwEI P. ~~ LA~ASCAPE srAIBOLS PAR K SCNFf WTB REMOTE CONTROL VALVE 9CAlE NTs 711E REGIIATNG VALVE H HYIIFR THAN 7NE STATED 575781 REGIRtElBlTS SIg1LD T4E STAY[ RZf9dBE pE Leas TIUN TE LA03009C STATED PReBNBE~ NOTFY nE a+IERS REPRESBITATIVE FEttURES, LEff 4000 UNVERSAL CONTROL IIVIT (CELT 4000) --- +BRS GIVIG CENTEq Dfl, w. MIFDUITFLY. I. REIXIIRB NO K PdER NR701P. BITTERNS OR CONV@TTRIIL SANTA ANq GA RZIW B. All STATED GAl1AWiE MID VALVE CALL-0UTS ARE R0.NDED 9G.AR PANELS NETT CGNELTm TO LEIM OR LESA SERIES MKFD ~~~--~r - '1M~ ~E sEAL: UP TO THE NGREST GALLCN, POYBt ACiWTOR3 d RKIT SENSING RELAY MIERPACE PWULES ~I o (OPTIaUL) \~ tl. ALL BHRIA BPRAT NERDS SHALL BE HGNTFD W i' EGp-Lpi WING 9ClATROL Lpi VOLTAGE CIBLE (B Qt I6 ANG) ~ ~~TIX ~E I 2. FNICTIONS DIY A!m NqR M ANT 4/EATCi Alm YIRTULLLT \1 (OPTILWL) ANr auroocR Ix1Ta - e. ALL ~ ro PROVIDED Br AN IxrEmuL, uL7RA I1GII i ~°~ APPLY iEF1AI TAP[ TO ALL TNRFALED PIPE CON8710N5 EFFK]PNC1' PHDTg41TK MODULE AND MKR4LFGTRWIC ENERGY RtWT /-~ N1NLL III FNtUGGB@/7 575781 FUELED Bl' AMBIENT LNiR. Rl~JRiFS L1VLT Y ) F)~ORIRE TO l1Wf LEVELS ND NAiEA TINN THE ~UIVALE/7T d RATE 2Se Q TIC' ATDIENT LNM lEV¢ AT 55 DFQtFE4 UTTTI.mE ` I. 6GL Mp(TAE AND ANFTDMDtT ADORIVH BOOING GR.T UNDER MI-TEAR NORST-Gl9E 41EAT41[R GQmfTKFlB (WORST WIT 1. AGPOlQfL eOE. RBYM FRGN A IJHORATUEF SIOIR7ED MU61BiED IN M>TFAR PERKD). '~ .WTFlNA MGMTING TO TIE Cf1T PRKR lb m'PENBRR q I.NIWO.IPE NSTAIUIIRI 4. NT DIRECT 9N11G1T q REOJIRm. CGLIA'N 3. Sq. ANALTIEI ELRi17m 1b TIE GTY NLWON-. iNE F41C/'1NG e. REAgLT ALYPi9 TO NSTAWTAb 1191Nf. CCNVDITIOTIAL try ~~ BHEEf TILE: SGL R%RIRF, PF%LIVt~E Q pY.ANIC MA17pt SG.DmlD6 PoNFFED BT tlW K qt 11W K HDXUPo. __ 9GL IIFLTRA RAT[ pN Alm TOOL EGJCE 8/LTb\ f. CQPATBIE 4U1N M04T STTL® um SDES W -- 9epPILL Sql a AMaEIr of oREM1c kxrnrmE MID SAL cGmRlGat REQNRFD vuvEe (sEE LBIAAESI sPFOPKAtK7I SIFtTB FDR DEruW) = -_' mmBeARr FaeT LANDSCAPE DETAILS & FOR PRE-PW1V MSULUTKN (ueE'amW-RMBr) T. EASILr PRDCRVr®vu senE sKET FRaT PANEL - - -- e. 'HPLP' KET WIKiI ALTS LIKE ABUILT-N USER MANI.VL, CLNCREIE 4 DFGRADABLETOCREATEALm-uNET7A.TK,DTTRAL i IRRIGATION NOTES FuxiGe'uxr 5T5TBr ANrrlnE. rKUNrwc 815E m caLTROLS a STATTRI9 (EXPANDABLE iG n,M aR 21 srATRNs WIEN EQIPPED NffN AN 7GCR EXPANDBt I'IODULE). Ti1fFS ~ ~ SHEET NUMBER: 8. CCTTIROU B, D. r~ & OR S7 9TATIpp MIEN EGMPPED W11N I. PROVIDE RAN SNROFP 9NITd~ IF CGYPATmt.E. AN RMT K-VALVE S76TE1T ApiPi9t. (RB'AIIREq YypN SERIES 2. THE LBT IftlO IS M,WATS CQRETELT MHIFNT UGNf-F]ERGRFD ew9 vavE sTTETETI RNER SLPR.r. REU,ROLesB ¢ ilur AUEBGORIES ARE usm wTH rr. ~- RRIGATION NOTES SrAIb NTS ' NOT USED BGNP NTS PEDESTAL MOUNTED CONTROLLER s.Ae NTS 1. QEAN BVJPI(4 - 9D3) O.IWAGfN7N RRi%RED - YE 9PFG9 3 esNO (TYPICAL) 4. NRFPRESSURE LATEfNL LINE / SLEEVE (SITE PFR CHART) fi. CONiRaI. WIRE SLEEVE ADd1CD1T TO MANUNE SLFF/E (SRE PER 61ART) i. PRLSI.RE SUPPLT LWE / SLEEVE (SOE PER C1Wlf) NOTES ALL SLEEVES TO EE 96110 PVC 8DE ALL SL.EF/E4 PER 9LFEYNG 6NRT QV PIANi EXTBID SLEEVES 17 BETLND EDGE GF NARDSGPE CN BvfN ENDS. R56AV£D WAThR 9LEEYp TO K MNPI6T IE'-4N PEEP (6E PEA WA1ER 014-fRICf STANDARDS) WVERE AP%.IGrIE. RIGATION SLEEVES ec4rns OONFER( aFULr rwEC EN.r N+i'~ GBU m /EpTR WGK 61NOeD TrApc AR1eO nNtf Tp a TK WC A! OgGW4 fRAR A A.1Nf N POf OQAT[ WArot ACAAO TREE - - ERtlsIED elAOf GM@lLLY RBKA[ 1p UR o eALAP a CNfHBI Er ONfA16t N InFawucc, Rem fanErex) OJf EEVLLIL L1R N 111G41C fONfAOFR TO FAONATE Rplf PCe1RATE11 AOq'C NfTtti fOREERT I. ,G1loL fiY $E EEC 2 YNTER TIG(141PLT AFTeI NSfAIlATbI E. DNAVATE ptIEE eNe Rm b EbIN a FRpxcT DRANNCS. BoTry I. INBTALLATIGN TO a CQIPLET® IN ACCORDMICE wrH MAN..FAGTI1RERb xalPlunONS. 3. W NOT EGLE pRAWINGg RUB DETAIL-POTTED scNrnrs NOT USED -- - W NOf DNVGE CR Off LEADER 7 T-P/1L NIW gTAKES, I.5' % I.5' % 02' (3g % 3s I % Smm) 9'-2.4 (7600nn) LQY. LOCATED STARES 7AT (MOrEn) ANAY F%M TREE TRUNC, W11N OEE ON 9mf OF iREYNLNG WNDS FASTEN 7R1NC TO 9TA%ES WRN TFEE RING, oR p.u' (ssr,.,,) (9 u.) w.vANZED NRE N 0.5' (CtrmH PLASTIC H09E [PAIN W ROOF 8111 SHALL p BEAR SAME RELATgN TO FlNSNED GRADC AS R DID TO PREYICUB GRADE MUIGH CREATE G4lCEIEE AROUNp TRFE i'(ISOrEn) i'(I60nYn) PIN$IED GRADE UJT AIm RB10VE iCP j ¢ BUIIAP PR6T RQ?f 641 BIB ROOF 841. E CQIPALTED TW 901E MOE AS SPFCRIED BEI.W 14k gf.WFY %T BDfTat (19RfuM i') ~V(IFIG~](~ 1. W NOf DAMAfd MAW RCOfS OR DESTROY RWf BALL MIEN W9TAWNG TRR STNCE 1. INTER TEbA0U6L7 AFfFR NSTALGTRN. 3. RF7'IOVE TREE RIXfd AND 9TAKp TWO TFlBA AFTER INSTAl1ATKNS 1. PROJIDFD DRANAGE FOft PIANfWG PIT W kFEAEEA$E 96L 5. TCPS6L MIX, SCE SPEC. 7~ L IN9TMUTKN TO BE CR19.ETED N ACGQtIW1CE NfIH MANfFALi1NB9'S SPFLPIGT14L5. 2. 00 NOT 9CAL[ ORAIeIYA. (TREE DETAL srasnra NOT USED scasnra NOT USA SUirnTS 3 NOT USED . PlNf7FR, GRA°.9 OR TOP 96L RApVS EDGE - TTP WEEP IIDIE W/ GRAVEL I ~-_ ~ ~ POCKET R 2ao nIH. __ ~ ~ ~-_ \• ? EtlST. AC PAVINO TF L~I II-III-,!LLILI I f~RE{E [Ip8 TOP AND BOff?~ ~ ~~lf i g ~. GEN]iA1 NOf6 I. E%PANSNN .IONTg TO EE SPACED AS DNFCTED BT 1NE ENGINEER. 2. EY14itl10N J0IN15 WILL 6E RFVO. AT TANYdMM PWNfS, PAEP91 INLETS. S. CANtWLTNN .%117X5 TO BE CVT WTO LIRA EVERT b FEET To A pEP7H OF D/4, YYB+E D EAW.S TIE TNN.FTIESS 6 THE 9ECT161 THE 9PAGNG Oi b FEET MAT EE REDUCED AT 6D9UREg 6Vf NO gEGfiW OF CI,IaB 51Ny,L BE LE9g TNA1I i FEET. suirnrs ~ PLANTER ararnra ~ NOT ~kTa ~ IMOT USED SCATS NT$ ECAIE~NTa scar nfs ~P ~:~_ ,fie 1 t~ ~zs~ cw9n BMD. sort Sao NGRp. G RI'!51 LANg PREPAEEO BY: ~ ^ ARCMITE CTB - INC_ 2LI70 ENfERPRi9E 8000 LAKE FOREST, U. 92L30 PIYINE (944) TG-9910 FAX (949) 247-4788 CUENT REDLINES EL SALVADOR PARK LA03009C 1RE3 pVN: CEWT£R p0. W. gANtwgNA, cA Rnw •SFAL LANDSCAPE DETAILS ABER: L-2 SCIRE 6 wsR I. THE WLRK INCL IN TIFSE bPFIAFiUTXM4 SHALL ClXbIST Of ALL LABO{ T045~ PNTFRINB: PFRMT9~ TAXE9~ AND ALL OTHER 00679: RIRFSEEAgI.E AND 4fLR- IN9 TION OF 7NE L/.VDbfAPN' AbAS ~IEitEN 9PELFIED CNuKEQ'PANI'l1Y RJ45. 1. CaTRILTCR MALL CCIFIRII HATER FREbIIRE PRkat TO N6TALL Alp REOIE9T FLIW GHNKfS~ F v<rcmARY TO PROVIDE I6R COhRAff AT I'NX. ffFXDENA. i. ~T 4 M ' Fl TVE LARDSf.WE AAOiTfiT WILL NIE(OFE7 THE MFINING OF INI' PARE OF 7HE PLANS AND SPECIFk:11W83 A801/7 WBCN ANY FINRpLRSTANON6 MAY AREf~ Alp HIS DESEWI HILL H FINAL. 1.8~7{E ~RA~TpR NULL [NECK Hp VEpFY ALLRpANIIDS~Alpp~SPIF~LI~6gTm Q! ATiE ^"' ~• THE CNO4OLIR~AGTAt N4LL KRIOYA.E~E THAT NE HAgbpVRER~I~FIED AADNpryl lgp~~EII~yI~FRp~I~~~ AAANl1OppE6~II~~N,A.LLyA(~EOE~[CRP~pT9CHREEpPW~~ERATd7gI(~~ THE bFER C, IF PIE LAE~tfRALT~T ~G''~~; ,, F_~~ TWE ROf R.AN WRIK117FRKNf TO COI4Q1BA71aN FOR ~""~"NF639JFT ADDITNN3. a. THe caITRAtrw NWL CAMlY xECE341ID' YALFawu STATE TAMRILTORa LE. CR CkAT. PoR TYPE OF WO6C U9TED bIICH A6 411 4. N° °~"~` m'i.5~. THE f/lIiRILTpL 9NW. CARRT ALL t•ELEdARY CRPNLSATKN Alp LUBLLITY aLRIRANCF TO YWER Hlb 1'tlRp4B1 AND WOI6C TO FULT PPOfFLf THE LialFR FROT ANY POSSHE bllf OA IFN. E. l~IIEDLE 6 NTG R Va ASNA4FD TUT THE CLNiRACrpi NA8 VYaITED iNE BITE NID FAWLiVIQED HPSEIf W711 9RE CONDRIONS~ AND N1LL1 VHFIED ALL Da'IEN9NN5 AND OillNt FACTORS APPECT87G T11E WRK. i- ItlBF69E2f®L F EXTRA WX4K CR CIIAlLGF9 WLL RENAi N ANY NOtEASED Lm19 OVER TE EQORKT F$NRTHpEO WNER 9W4L SIW TIE CONfRAL'fCRS YFmFN P~tl1791 CONiRACTtIt N4LL faTAIN AND PAY FOR ALLYNECE9b1RY PlW4f8 q (~ INeTALLATXN f rUTERUI9 NULL BE N PER ILX.1L cwEa Alp LRD- INANCE9. R.RC AND NRCS NWl NOf H CO114TRUFD A4 WAMNG AN! ffiKAI RRif9. GENERAL NOTES N ES: Q NEW rtIRILL ca x aro (m 6D. rr.) ~JIPMENf LEASE AREA BYILi FROT EXISiNG 9ELDNG NRH l8N TtEdLE IETAL ROOF 10 MATCH L0.0N Alp TYPE TO AD.YLENT F703TNG NNLDNG ROCF. O1 o03FRIG Y' NNiH MI.E fIAG TO of REIOGTED. O3 N61 T-FXBLE 4MD CLW% [A9.E Ra FROM lei MOtlRq.E TO !WI'MOIf N1C1o91AE (AFPRWL IOi'-0) Alp CDAX G$E TRENa (AITf~( 3F.p) O/ N[W T-FVAILE 4'-0' WIDE ACCESS W7R. O ExrerNG LOUIICN cF Mar6 oATNR0O1 ENTRANCE. Oi N6N T~TWIIE (T) 76' IEGII WffN 4D' BLDC CANARY 2 ol.1HD RIE (FRAl6 CANARIENNb) TO BE RANTED e ADA1CBIf TO NEW T-MOBILE FDNOPNE 37RUCTURE. L-2 C014IRAC'fOR TO V88A EXALT LOCATNN O7 NEW T-IYEEE NnIEb Alp BOSTa IVY (PARf11EN0UFB18 TRICUYIDATA) CRIIiNG VINES LQ WTNW NEW ar LIAa6 PLANTER. O TAP TO E7fI6TNG 2UTER 9LFRY (LANDIORD TO PRDNDE) Q uXUa1a vuvE ®ANTI NRYN VALVE L41 II ROWfE CLTfIRO. VALVE(S) Lil O PEDESTAL MOUNTED COHTRgl91e e L_I O NDN TRH BI.IaBLEiL SI (M OF 1) O 181 T~XBILE 4'-0' X 70 PIINTFR e Ohio AROIM Np LhE BIeIF3, L_O ® MIA.TRE IR' IRRX:ATION LA1DtAL EWES TO o1.®I.ERS ® I-UY 21AN HATER LINE (BUIBED 7 ox 4RFATER) Qn xsv T-PImLE rro WDE ACGt88 RME FR01 PUBLIC RM. ® rev r-lXF1u amlEb Alp sera Ivr (PARf1e40D9N19 TRN018RLATA) CRAWJNG VNE9 WTTNN ENIStI11G PLM/1ER. ® rev T-IY81LE cb'O HIGH rTOi7PINE Alm IOCATNN OF NEW T-FILBNE PINEL ANiEHLLS~ (.1) µTgaUg /10 ~)) 7M4S ~ (D) ANIHNAS TOYAL IRRIGATION SITE PLAN 9. CdYINGFSS TIE 01'NER bNA1.L NAVE THE RIWT TO MAID MNOR 64V .E6 N THE LANDSOAPE DE9X7l Arp N9TALLATION 10 NbI1RE PRALPCALm IND FOR AF9TETIC REAbffl>~ AT NO AWRIpUI. E(gT6. ~. GBdOEYc GRALL ALL AREAS BY fELNG AlmYOR RF7XATNG BURRDB 801E Ab ME®8D TO 11~i111tE PpOpER f.RADED Alp DRANALE A9 INpCA7ED 0X THE FLAILS. IMFlG OINEAW9E 11OfED~ FlNISHED GRAOF;.s NULL H BflLN NARD9fi1PE A9 fC41d6~ M M uWNp COYER: 1' N LAYN ARPEAS. SqL RlEOARATa 1 EACKF81 FRi ALL 9NW.o3 9W1 OlINbT LF TIE F' KING INT9DK PER p CU YD. TIBIL 51YIDUa~T-_- __-:__-- -a ~krD. A __ _____., ____ S~ JN9TIILATX81 I DVLIWMTIC~ A11 lRE5 6NALL gE IN RAMING ARFA$ iFENEVER R / a. --NA 1. MANLRE N6TALI.ATXN NEW. 8E AS FCLLGWS~ LATEPAL LNEb N411 H FWSNED I~FwoR ToNE-svuAPa cv uEAn9. pLAIR TWW PivltRaN~rAlxm~ilp A°DwNR'a TT~WIr,NE PE NEPicu a PL(i~rTra axE~R. PlAlti (ROVfI TO H NJGNP.T NKiIER T4N 1T'6 NAT. GROWNG HENiR IFfH SETTLEI'ENT. (NFL69 ALT) 2 ALL FWITS SHRL BE WATERm MIEDIATaY~ BC¢R oKTfILLNG PIANPNG PITS.. _D_9_E_PAL~ARNITF~PNryMyDIRKT~ILTG IRNAINATAIYgELEBEOSL WTIi~W4I~iER9g01~ PREP.. MN ~yy g~D~S TRFFfi. 1 PER I GL~R PFR 6 GALTb P9L 6PWL Np~~1p L~AREg~~ gQ6E BOA WIDIII b. PROVDE A WATEAEI~ BLSN AROND 6 X N TNE9 ELNTNXER ~7EPoAL iA.RSCARIFT THE S~ OFfi EAOI RWL oALL PRKF TO PIANiING OF RWT BLLL F GFLUAR ROCK LRaTN IS EYIDBR: IP CRLULAR ROOF GRWTH FXbTQ RANTS WLL H REFLTID. fAYL.E'fICN OF TIE YLOP.K 111E CaTRK.T]R SHVJ. PROPERLT CLEW AND TDT ALL W1RK Alp THE NlbYARANG AREAS UOED BY HIM Alp REMOVE ANY OR oIRECr° n~ar"iawER~a4 w°~alscwED~A~rtaT~ ~ ae 61sPOSE a Bu~E Ab 2. ~iFA3yDWTPp1~1~WFI'p~pSNALL~BE LQRE'FE pgkXt R~W7'ING Of ALL LWpSUpE TO 1HE 91719FILTIQI ~ THE u ~ PR~IOIR~1 T~0 RI~MLI~~~4 M~B PERIOD 91411 NOf oBi1N aTR1 ENrFE N6TALLATNN ib ACCEPTED BT BY TIE CWER f01Jf114aiG TE 11A1K-PFD. 1. MANE. PFRKO NYLL H FOR 7NE FCLLGWNG RIRATKW~ yD DAYe. 3. TIIE SHALL KEW BITE N® FREE CLEAR W DEHRIS AND AD.NST STSTETI AS FID. L.1Ye1S BHALL of PRLFETD.'I Alp ALL CDTTXK4 REMP/ED FRCtI OFAO F0.4LE REFp/ED FRCR PLANTS Alp BTAAIK(E8~~ (F TREES 9NN1 H ADJASIED F NECE90ARY. ANY OYNEIE F113T I'IANTAIN RAtITING AFiH OIE YEAR I. CO ~H IEALTYT FTANr E6TABlIblpe7f FOt A PERIOD CF 1? MATHS AND NULL Not K RPSPCYEId.E FQi DAMAOE ClE TO EXTREME WND QL FWH6WE RAIN W1N-ftF a Noi PLANTED GROIrtp COYER IRFAb. SLNN NATFAL DAIWiE' NUL~L~I49NEGREpAIRFD AT TD1E ANp M~ITERIAL ]. NJ TInO 9WLT BE~RERGXDAR®ARB{fEECRT~ AT t ~7gpIlUA~L WER- 3.1~C~QR~RILDTryd9pLUNJNDLU~IELEAND A4UItlT D~EFECfIOE PEART9 F 0.~T~uTKN FOR A.91W1 RS6i6~f1 T~ ryq~E~6 W/~MNAW, VKygE NLi'S~FOR OCONi%1LE~R9Np NID CP6tATa MAWALS FOIL Al1TOlATK fLMRCl1fR5 IND VALVES ~ y y L CRAPEIIC 3CAI.R ~ I~ 3~ 4' ~ ~.I!_ v /,-~- -, '~-~ ~i ,E D `` I~ r ~' _ I Y I ~. 4 ~ .. ~ :. 7 O i I \\` 3 l It ~Q' I W i~ q I o I I I ~ y I I I g`) ~\ 1 q / ~ I~ I l ~ ~\ e T I //' I i I I I , ~ , i - - _._ L 1 T. ~Y' : I ~ ~ u'10.` p I,; fk ,2- ~-_~ II >Ili 4 L ~ k i `} I lit a ~ ~:~i~ ~\ i* o •J , s 1 ` 7 .~-~ N l -0 , W g i fllr S ~. xALE , w' - r-a T~ - :~'17i::. i' .. ]66) OMMp ~; SUIE 20D 4RC MITE CT6 -INC. 2Ln0 ENTERPRISE 8400 LANE FORESTS CA. 4M30 PNaE: (949) TL-99/0 FAX: (949) 197-4785 L/Y REDLJNES EL SALVADOR PARK LA03009C 1126 CINC CENTEq OR W. SANTA ANA G 92MX1 - GENERAL NOTES & IRRIGATION SITE PLAN L-3 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT 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 92702; its officers, employees, agents and volunteers 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 canceled, 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 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative Site No: LA03009C Page 19 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-31 EXHIBIT D PROPERTY SPECIFIC ACCESS RULES/REGULATIONS 1. LESSOR shall have the unilateral right and privilege to undertake all normal items and operations associated with the current use of the Property, including, but not limited to public events and City business, which may include high powered electric lights and food services, arrange for the televising of any public event to be held at the Property, and ability to contract with other interested parties. 2. City business may also include minor landscaping, minor maintenance and minor construction proximately located near the Premises, so long as the City business does not interfere with or impair the operation of LESSEE'S Facilities. 3. LESSEE's access to the Premises shall be limited when the Premises is being used for a public event, and the four (4) hours before and after any such event. LESSEE will obey any procedures set by LESSOR regarding notification before visiting the Premises, checking in on-site, parking, gates, etc. Site No: LA03009C Page ZO of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-32 EXHIBIT E CONTACT INFORMATION: LESSOR'S TECHNICAL CONTACTS: Name: City of Santa Ana Administrative Services Address: 888 W. Santa Ana Blvd., 2nd Floor, (P.O. Box 1988) Santa Ana, CA 92702 Daytime Phone No.: 714-571-4220 Facsimile No.: 714-571-4209 24-Hour Contact N/A No.. Dispatch Center: N/A 2. ATS Communications Tony Ingegneri 22651 Lambert Street, Suite IOlA Lake Forest, CA 92630 Phone: Facsimile: LESSEE'S TECHNICAL CONTACTS: Name: Address: Daytime Phone No.: Facsimile No.: 24-Hour Contact No.. Dispatch Center: Operations Center Site No: LA03009C Page 21 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-33 EXHIBIT F MEMORANDUM OF LAND LEASE AGREEMENT THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of , 2008 by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor") and Omnipoint Communications, Inc., a subsidiary of T-Mobile USA, Inc. ("Lessee"). WITNESSETH: That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain real property (the "Property") in the State of California, County of Orange, City of Santa Ana commonly known as 1825 Civic Center Drive West, Santa Ana, CA, 92703, a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded Land Lease Agreement by and between Lessor and Lessee dated by Lessor , 200_, and incorporated herein by reference (the "Agreement") for an initial term of ten (10) years, commencing on the Commencement Date, as defined in the Agreement, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the Agreement. The Agreement provides for grant of non- exclusive right of way for rights of access to the Property and to electrical and telephone facilities serving the Property. IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written. LESSEE: Omnipoint Communications, Inc, a subsidiary of T-Mobile USA, Inc. By: DAVID GALLACHER Area Director LESSOR: City of Santa Ana By: Title: Address 20 Civic Center Plaza (M-29), P.O. Box ] 988, Santa Ana, California 92702 [FORM DOCUMENT, PLEASE INITIAL ONLY -NOT FOR EXECUTION] Owner Initials Lessee Initials Site No: LA03009C Page 22 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-34 EXHIBIT G RENT MONIES DEPOSIT DIRECTIONS Please have the remittances sent to the following address: Pacific Southwest Realty Services Attn: Mary F. Nauert 8840 Complex Drive, Suite 101 San Diego, CA 92123 Account Name Pacific Southwest realty Services ITF / ATS Communications-Munici al Lockbox Account Account Number 2460052935 Bank Contact Name Mary F. Nauert mnauert@psrs.com Phone# 858-522-1420 FAX# 858-514-2105 Owner Initials Lessee Initials Site No: LA03009C Page 23 of 23 Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703 20F-35 20F-36 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: CONTRACT RENEWAL FOR BRASS, GALVANIZED, AND PVC IRRIGATION SUPPLIES (SPEC. NO. 06-139) ~' ~'w l ~ CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Ferguson Waterworks for irrigation supplies for a one-year period in an annual amount not to exceed $27,000. DISCUSSION The City maintains over 50 buildings, in excess of 34 parks, and miles of landscaped traffic medians. Irrigation supplies such as pipes, valves, bushings and fittings are used extensively in the maintenance of the irrigation systems at these locations. The materials are purchased through the Central Stores warehouse for distribution. The contract for irrigation supplies is designed to provide quality products at a significant savings based on quantity pricing. On November 7, 2007, the City Council awarded a contract to Ferguson Waterworks, a Santa Ana vendor, for a one-year period with provision for four, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract; however, the vendor has requested a six percent increase due to the rising costs of fuel and raw materials. Staff verified that the increase is consistent with the market and the vendor continues to offer a competitive price. Staff recommends the second renewal of the contract. 22A-1 Contract Renewal for Irrigation Supplies November 17, 2008 Page 2 FISCAL IMPACT Funds are available in the various departmental Other Materials & Supplies accounts (object code 6391). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ Gerardo Mouet Executive Director Parks, Rec. & Comm. Svcs. Agency Francisco Gutierrez 1' Executive Director Finance & Mgmt. Services Agency Ja s G. Ross E cutive Director blic Works Agency GM/JR/WO/06-139R2.89: 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: CONTRACT AWARD FOR SODIUM HYPOCHLORITE GENERATION UNITS (SPEC. NO. 08-051) -~ ~2 CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15i Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Process Solutions, Inc., for the purchase and installation of thirteen sodium hypochlorite generation units in the amount of $725,000. DISCUSSION The Public Works Agency's Water Resources Division operates 21 water wells that provide approximately 70 percent of the City's water supply. The Agency is replacing the sodium hypochlorite generation units in service at 13 water wells. Sodium hypochlorite is a water disinfectant produced by the generation unit through the combination of table salt, water and electricity. The engineered life of the generation units is 7 years. The current units have been in operation for 8 years and are in need of replacement. Replacing the sodium hypochlorite generation units is part of a regular preventative maintenance program used to ensure the water system remains in compliance with standards set by the California Department of Public Health. The notice inviting bids was advertised on July 30, 2008 and bids were solicited. A summary of the bid invitations and bids received is as follows: 6 Invitations For Bid mailed 1 Invitation For Bid mailed to a Santa Ana vendor 3 Bids received 22B-1 Contract Award for Sodium Hypochlorite Generation Units November 17, 2008 Page 2 Bids were received, opened on September 17, 2008 and evaluated (Exhibit 1) The bid received from Process Solutions, Inc. is responsive to the specifications and meets the City's requirements. FISCAL IMPACT Funds are available in the Water Production and Supply account (no. 64- 574-6291). APPROVED AS TO FUNDS AND ACCOUNTS: cutive Director lic Works Agency c~XFrancisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22B-2 JGR/WO/08-051.9: ABSTRACT OF BIDS - CONTRACT AWARD FOR THE PURCHASE AND INSTALLATION OF SODIUM HYPOCHLORITE GENERATION UNITS IFB# 08-051 Vendor Process Pacific MMC Inc. Solutions, Inc. Hydrotech Corp. Location Campbell Perris LaPalma Total Cost $725,000.00 $1,153, 500.00 $1,284, 574.63 Exhibit 1 22B-3 22B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: CONTRACT AWARD FOR TRAFFIC LINE PAINTING AND TRAFFIC SIGN MAINTENANCE (SPEC. NO. 08-060) .<z CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to Orange County Striping Service, Inc., for roadway striping and markings and traffic sign maintenance for a one-year period, with provision for three, one-year renewals in an annual amount not to exceed $490,275. DISCUSSION The Public Works Agency's Roadway Marking and Signs Section manages approximately 400 miles of streets within the city of Santa Ana. Contracts are required for the installation and removal of traffic stripes, pavement markings, curb markings and raised pavement markers, as well as the installation and removal or relocation of traffic signs. To minimize impact on traffic flow, roadway striping and sign maintenance is conducted at night. The notice inviting bids was advertised on September 10, 2008 and bids were solicited. A summary of the bid invitations and bids received is as follows: 10 Invitations For Bid mailed 2 Bids received Bids were received, opened on September 24, 2008, and evaluated. Bid results are as follows: Vendor: Orange County Striping Service PCI Striping & Sealcoat CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For Amount: $508,094.00 $623,882.60 Location: Orange Long Beach 22C-1 Contract Award for Traffic Line Painting and Traffic Sign Maintenance November 17, 2008 Page 2 The bid received from Orange County Striping Service is responsive to the specification and meets the City's requirements. The annual amount is based on past usage and staff's projection for the next year. FISCAL IMPACT Funds are available in the Public Works Roadway Markings and Signs account (no. 11-623-6291). _ APPROVED AS TO FUNDS AND ACCOUNTS: J me G . R s ` 5r Francisco Gutierrez xe tive Director Executive Director u is Works Agency Finance & Mgmt. Services Agency GR/WO/08-060.9 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: CONTRACT AWARD FOR WATER BOOSTER PUMP SYSTEM (SPEC. NO. 08-061) /,_ ;'' ~~ ~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on is` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Murray Company for the installation of a water booster pump system in the amount of $45,389. DISCUSSION City Hall utilizes a water booster pump system to provide water pressure to the building's restrooms, drinking fountains, and kitchens. The existing system is 37 years old and is no longer cost effective to maintain. The contract will provide for the replacement of the existing pump system. The notice inviting bids was advertised on September 10, 2008, and bids were solicited. A summary of the bid invitations and bids received is as follows: 6 Invitations For Bid mailed 2 Bids received Bids were received and opened on October 6, 2008, and the results are as follows: Vendor: Location: Cost: Murray Company Compton $45,389 Caliagua, Inc. Chino $89,458 The bid received from Murray Company is responsive to the specification and meets the City's requirements. 22D-1 Contract Award Booster Pump November 17, 2008 Page 2 FISCAL IMPACT Funds are available in the Building Maintenance Building and Other Contractual Services account (no. 73-105-6291). \ _ y, ~iFrancisco Gutierrez ~'~ ~ Executive Director Finance and Management Services Agency BP 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 CONTRACT AWARD FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT (SPEC. NO. 08-064) .,.fix. k" ~,3~4, /~~~` CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For! CONT4NUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Micon Construction, Inc. for the installation of playground equipment in the amount of $46,415. DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) maintains and operates 42 City Parks, which provide a wide variety of programs and activities for the community. Twenty eight of the City Parks are equipped with playground equipment. The life span of playground equipment is about 20 years. PRCSA has been systematically replacing older playground equipment, often through grant funds. This action will use grant funds to replace the equipment at Portola, Thornton and Sandpointe parks. The notice inviting bids was advertised on September 24, 2008 and bids were solicited. A summary of the bid invitations and bids received is as follows: 12 Invitations For Bid mailed 9 Bids received Bids were received, opened on October 9, 2008, and evaluated (Exhibit 1). The bid received from Micon Construction, Inc. is responsive to the specifications and meets the City's requirements. A contingency has been included for unanticipated minor modifications. 22E-1 Contract Award for the Installation of Playground Equipment November 17, 2008 Page 2 FISCAL IMPACT Funds are available in the Parks Capital Projects Robert Z'Berg-Harris Grant Improvements account (no. 161-270-6631). APPROVED AS TO FUNDS AND ACCOUNT: / v`V ` _ Gerardo Mouet Executive Director Parks, Rec. & Comm. Svcs. Agency GM/WO/08-064.8: ~~ c~ rancisco Gutierrez i Executive Director Finance & Mgmt. Services Agency 22E-2 ABSTRACT OF BIDS CONTRACT AWARD FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT IFB# 08-064 Vendor Micon Kleen Play Great Western Construction Playground Const. Park & Playground Location Placentia S. EI Monte Wellsville, UT Total Cost $37,135.00 $42,150.00 $43,000.00 Vendor OC Sunny Fleming Heisler Inc. Environmental Landscape Location Huntington Beach Buena Park Orange Total Cost $43,744.00 $44,000.00 $47,200.00 Vendor R.E. Schultz Casron Services Childs Play Construction Corporation Location Silverado Westchecter Costa Mesa Total Cost $49,449.00 $58,907.00 $72,213.90 Exhibit 1 22E-3 22E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: CONTRACT AWARD FOR CELLULAR PHONES, ACCESSORIES, AND AIRTIME SERVICE (SPEC. NO. 08-065) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award contracts for cellular phones, accessories, and airtime service based upon State of California contracts for a period of three-years in the annual aggregate amount not to exceed $315,000 with the following vendors: Nextel Communications Verizon Wireless DISCUSSION The City of Santa Ana utilizes cellular equipment and services for field personnel and for staff required to respond to immediate or emergency situations. Verizon Wireless provides a variety of analog and digital cellular equipment and services designed to meet the requirements of various staff. Nextel Communications provides a dual system phone that functions both as a mobile phone and two-way radio, providing a link between field personnel and office operations. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive process. Recently, the State of California awarded contracts for cellular phones, accessories, and airtime service to Nextel communications and Verizon Wireless. The contracts were awarded based upon a competitive bid process, at a substantial discount from the list price. 22F-1 Contract Award Cellular Equipment and Service November 17, 2008 Page 2 FISCAL IMPACT Funds are available in the various departmental Communications accounts (object code 6211). T ~~M ~ C ~ 4~ ~~ V~~l i F Francisco Gutierrez Executive Director Finance & Management Services Agency EG 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 17, 2008 TITLE: CONTRACT AWARD FOR INSTALLATION OF VIDEO SURVEILLANCE SECURITY SYSTEM (BID SPEC. 08-059) .•" ,. ~ ~ CITY ANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ {mplementing Resolution ^ Set Public Hearing For! CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to LDM Engineering Inc. to provide labor for the installation of a video surveillance security system in an amount not to exceed $325,358. DISCUSSION On November 5, 2007, the City Council accepted an $11.07 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the Office of Disaster Preparedness. The Santa Ana Police Department would be front-line responders in any terrorist-related incident within the Santa Ana urban area. On July 7, 2008, the City Cauncil awarded a contract for the purchase of video surveillance equipment to upgrade to a technologically advanced perimeter security camera system. The existing computer and radio service room has been expanded to house the security camera system upgrade. The final phase of this project is the installation of the video surveillance equipment. In order to allow prospective bidders an equal opportunity to submit bids, a mandatory job walk was conducted on September 5, 2008. Prospective bidders were given a tour of the job site at the police facility, questions were asked and addenda issued. 22G-1 Contract Award for Installation of Video Surveillance Security System (Spec. No. 08-059) November 17, 2008 Page 2 The notice inviting bids was posted on September 19, 2008, and bids were solicited. A summary of the bid invitations and bids received is as follows: 18 Invitations For Bid mailed 2 Bids received Bids were received and opened on September 26, 2008. The bid received from LDM Engineering Inc. is responsive to the specifications and meets the City's requirements. Bid results are as follows: Vendor: Amount: LDM Engineering Inc. $ 327,358.00 Moore Electrical Contracting, Inc. $1,131,726.00 In order to enhance protection and mitigation capabilities of the Santa Ana Police Department building in the event of an act of terrorism, staff recommends Council approval of the recommended action. FISCAL IMPACT Funds for the installation services are available in the Office of Emergency Services (OES) Urban Areas Security Initiative (UASI) 2007 Police Grant account (no. 125-337-6641). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police PMW/TO/08-058.7: Z 5~ Francisco Gutierrez ~~ Executive Director Finance & Mgmt. Services Agency 22G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: CONTRACT AWARD FOR OFFSET PRINTING SERVICE (SPEC. NO. 08-066) ~~ "~ ~' CITY M NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2id Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Anytime Printing for offset printing service for a three-year period, with provisions for two one-year renewals, in an annual amount not to exceed $100,000. DISCUSSION The Central Services Section of the Finance and Management Services Agency supervises the duplicating and printing of letterhead, NCR forms, flyers, posters and envelopes for various City agencies. Jobs of less than 2,000 copies are produced in-house. Higher volume and enhanced jobs are cost- justified for offset printing by a third party vendor. The offset printing service typically requires a maximum completion period of three days. The contract for offset printing service is designed to provide quality products in a timely manner and at a significant savings based on quantity pricing. A Request for Proposal was solicited October 17, 2008. A summary of the requests sent and offers received is as follows: 20 Requests for Proposals mailed 10 Requests for Proposals mailed to Santa Ana vendors 4 Proposals received 1 Proposal received from a Santa Ana Vendor 22H-1 Contract Award for Offset Printing Service November 17, 2008 Page 2 Proposals were received and opened on October 30, 2008. Proposals were evaluated on the specifications, quality of print samples, print quotes of sample jobs, and references provided. The offer from Anytime Printing, a Santa Ana vendor, received the highest percentage in the scoring process and meets or exceeds the evaluation criteria. The bidder evaluation results are as follows: Vendor: Location: Score: Print jobs Anytime Printing Santa Ana 980 $ 3,086.20 Navigator's Printing & Design Newport Beach 90% $ 3,706.69 Ready Productions, Inc. Los Angeles 69% $ 5,038.93 Eighth Avenue Enterprise Alta Loma 46% $10,078.93 The annual amount is estimated based on work performed in the prior year. FISCAL IMPACT Funds are available in the various departmental Other Contractual Services accounts (object code 6291). Francisco Gutierrez ~jtiX Executive Director Finance and Management Services Agency FG/KM/08-066 22H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 17, 2008 CONTRACT AWARD FOR WATER VALVE INSTALLATION EQUIPMENT (SPEC. NO. 08-069) i? CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Advanced Valve Technologies, LLC for water valve installation equipment in the amount of $57,291. DISCUSSION The Public Works Agency' s Water Resources Division oversees the supply of fresh water to the city covering 450 miles of pipeline and 21 groundwater production wells. Valves are used to control the flow of water throughout the system. Installation of a water valve normally requires 2 to 4 hours to complete. New installation equipment available from Advanced Valve Technologies, LLC allows a water valve to be installed in 45 minutes. Utilizing the new equipment will result in a lower cost for water valve installations and will also minimize the disruption of water service. Staff surveyed the market and Advanced Valve Technologies, LLC is the sole source provider of the water valve installation equipment. FISCAL IMPACT Funds are available in the Water Systems Maintenance Machinery & Equipment account (no. 64-575-6641). APPROVED AS TO FUNDS AND ACCOUNT: ,~ Ja s G. Ross yc~Francisco Gutierrez' ~ Ex cutive Director Executive Director P rks, Rec. & Comm. Svcs. Agency Finance & Mgmt. Services Agency JGR/WO/08-069.9: 221-1 221-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: CONTRACT AWARD FOR GRAND CENTRAL ARTS CENTER TENANT IMPROVEMENTS (PROJECT NO. 7170) CITY CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15i Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ ~~ CONTINUED TO RECOMMENDED ACTION FILE NUMBER 1. Adopt a resolution of the City Council making certain findings for the Community Redevelopment Agency to assist in the payment for the tenant improvements needed at Grand Central Arts Center. 2. Award a contract to Thomco Construction, Inc., the lowest responsible bidder, in accordance with unit bid prices plus add-on alternate one in the estimated amount of $222,150 for construction of the Grand Central Arts Center Tenant Improvements project. 3. Approve a Funding Analysis with a total estimated construction cost of $299,700. 4. Authorize the City Manager and the Clerk of the Council to execute the first amendment to the Cooperative Agreement with the Community Redevelopment Agency of the City of Santa Ana (Agency) in the amount of $299,700, for a total amount of $334,700, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION The 1924 Grand Central Arts Center building, home of California State University, Fullerton Graduate Arts Program, was completely remodeled and opened in 1999. There are 27 studio apartments, three art galleries, a live performance theater, classroom space and the Gypsy Den Restaurant. The building, which is located on the southeast corner of Broadway and Second Street, is in need of building repairs to continue to preserve the integrity of this historic building (Exhibit 1). On August 18, 2008, City Council approved a Cooperative Agreement for emergency building repairs and termite treatment at Grand Central Arts 23A-1 Grand Central Tenant Improvements November 17, 2008 Page 2 Center in the amount of $35,000. The building has experienced leaking on the roof deck to the apartments as well as in the light wells to the basement. In addition, the flooring of the first floor is cracked and in disrepair creating a potentially unsafe condition. This project provides for replacement of the roof deck, repair of the waterproofing around the light wells and replacement of the flooring on the first floor of the building. The cost for these additional repairs is estimated to be $299,700 for a total project cost of $334,700. The Notice Inviting Bids was advertised on September 19 and 22, 2008, and bids were opened on October 9, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 0 Contractors requesting bidding documents: 7 Bids received: 5 Bids received from Santa Ana Contractors: 0 NAME OF BIDDER CITY BASE BID AMOUNT $156, 927 $190,420 $212,800 BASE BID PLUS ALTERNATE $222,150 $278,777 $275,114 1. Thomco Construction, Inc. Anaheim 2. Caltec Corporation Westminster 3. Big West Construction Irvine Corporation 4. Hoffman Finn Development Costa Mesa Company, Inc. $236,659 $302,291 A total of five bids were received and all but one were responsive. Unique Performance Construction, Inc. did not comply with the bidding documents by failing to sign List of Sub-Contractors and Contractor's Licensing Statement, thereby making their bid non-responsive. Thomco Construction, Inc. submitted the lowest base bid plus add-on alternate one in the amount of $222,150, which is below the Engineer's estimate of $500,000. ENVIRONMENTAL IMPACT Environmental Review ER 2008-214 has been completed and a categorical Exemption will be filed for the Project pursuant to the California Environmental Quality Act. 23A-2 Grand Central Tenant Improvements November 17, 2008 Page 3 FISCAL IPACT The Funding Analysis shows a total estimated construction cost of $299,700 (Exhibit 2). Funds are available in the Merged Capital Improvements account (account no. 570-936-6621). APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~ ~ James G. Ro s rancisco Gutierrez ~'., Executive Director ~xecutive Director Public Works Agency Finance & Mgmt. Services Agency Cynthia J. Nel on Deputy City Manager for Development Services Community Development Agency H:\ACTIONS\2008 7170\JT CC-CRA 11-17-08 Grand Central Tenant Improv 30 WD .doc 23A-3 i PROJECT LOCATION ~ s~Er EXHIBIT 1 SANTA ANA T~~' P~1 non GRAND CENTRAL ARTS BUILDING ~~, niov. n, Zoos ROOF REPAIR - (PROJECT 7170) ~~~ '_.;~ r,:111 23A-4 FUNDING ANALYSIS PROJECT N0. 7170 GRAND CENTRAL ARTS CENTER TENANT IMPROVEMENTS Construction Contract Contract Administration Inspection and Testing Contingencies $222,150 11, 020 22,100 44,430 TOTAL ESTIMATED CONSTRUCTION COSTS $299,700 Exhibit 2 23A-5 10/31l08LES RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA CONSENTING TO THE PAYMENT OF THE COST OF IMPROVEMENTS TO A PUBLICLY OWNED IMPROVEMENT, THE GRAND CENTRAL ARTS CENTER, BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, PURSUANT TO SECTION 33445 OF THE HEALTH & SAFETY CODE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Project Area (the Redevelopment Plan"), in the area formerly known as the Inter City Project Area. B. Section 33445 of the Health & Safety Code, part of the California Redevelopment Law, provides that the Agency may pay for all or part of the cost of installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without the project area, upon the consent of the City Council of the City of Santa Ana ("City"), if the following findings can be made: 1. That the public improvement is of benefit to the project area or the immediate neighborhood in which the project is located; 2. That no other reasonable means of financing the public improvement is available to the community; and 3. That the payment of funds for the cost of the public improvement will assist in the elimination of one or more blighting conditions inside the project area. C. The City is the owner of the Grand Central Arts Center building which is located downtown in the City's Artist Village. 1 23A-6 D. Since the renovation of the Grand Central Arts Center in 1999, comprehensive maintenance has not been performed. This project will include replacement of the roof walking deck, repair of the waterproofing around the light wells and total replacement of the flooring on the first floor of the building. E. The improvements to be made to the Grand Central Arts Center will be of benefit to the merged Project Area (and the former Inter City Project Area) as well as benefit the immediate neighborhood. F. The City lacks funds to pay for the reconstruction, repairs and improvements needed by the Grand Central Arts Center at this time, and there are no other reasonable means of financing the improvements. G. Reconstruction and repairs to the publicly owned building will assist in the elimination of one or more blighting conditions in that the new deck and flooring will replace the old dilapidated and unsafe deck and flooring and provide the City with a more safe and sanitary building. Section 2. In accordance with California Environmental Quality Act, environmental review has been completed and a Categorical Exemption, Environmental Review No. 2008-214, will be filed for this project. Section 3. The City Council hereby consents to the additional payment by the Agency of up to $299,700.00 in Agency funds from the Merged Project Area for this publicly owned improvement. The Cooperative Agreement that was executed on August 18, 2008, will be amended to include this increased scope of work and compensation, and will be executed by the Agency and the City. Section 4. The City Manager is hereby authorized to take all steps, and to sign all documents and instruments necessary to implement and carry out the Resolution on behalf of the City. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. 2 23A-7 ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2008- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 3 23A-8 FIRST AMENDMENT TO COOPERATNE AGREEMENT FOR THE PUBLIC IMPROVEMENTS AT THE GRAND CENTRAL ARTS CENTER BUILDING THIS FIRST AMENDMENT is entered into this day of November, 2008, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body corporate and politic (the "Agency"), 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 (the "City"). WITNESSETH A. The Agency and City entered into that certain agreement titled the "Cooperative Agreement for the Public Improvements at the Grand Central Arts Center Building (the "Agreement") on or about August 18, 2008. B. The Agency contracted with the City for the City to provide for the emergency building repair (performed in January 2008) and pest control at the Grand Central Arts Center Building in order to repair the building and treat the building for termites and termite related damage. These repairs will keep the building habitable for the occupants of the building which include the California State University, Fullerton Graduate Arts Program, studio apartments, art galleries, classroom space and the Gypsy Den Restaurant (referred to hereinafter as "Publicly Owned Improvements") in connection with the Agency's redevelopment activities. C. The Agency agreed to pay for all or part of the repairs and maintenance of such Publicly Owned Improvements to the City. D. The parties hereto now want to amend the Agreement to increase the Scope of Work of the Agreement and increase the amount of the compensation by the Agency due to unforeseen additional costs. WHEREFORE, in consideration of the mutual and respective promises hereinafter contained and made, and subject to all the terms and conditions of said Agreement as hereby amended, the parties do hereby agree as follows: 1. The "Scope of Work" section of the Agreement shall be amended to increase the dollar amount by an additional $299,700.00 in order to cover the updated costs due to the increase in the Scope of Work. The additional project work will include replacement of the roof walking deck, waterproofing around the light wells and total replacement of the flooring on the first floor of the building. The total project cost pursuant to the Agreement and this Amendment shall not exceed $334,700.00. 2. All other terms and conditions included in said Agreement shall have the same force and effect and remain unchanged. 1 23A-9 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said Agreement the date and year first above written. ATTEST: Patricia E. Healy Clerk of the Council ATTEST: Patricia E. Healy Secretary APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Agency Counsel Lisa E. Storck Assistant City Attorney Assistant Counsel CITY OF SANTA ANA By David N. Ream City Manager COI\~IlVILJNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA By Cynthia J. Nelson Executive Director 2 23A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 17, 2008 TITLE: CONTRACT AWARD FOR TIERRA DE LAS PAMPAS EXHIBIT (PROJECT NO. 07-6002) CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Readin ^ Ordinance on 2"d Readir ^ Implementing Resolutior ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to Tek-up Construction, the lowest resp nsible bidder, for the base bid plus alternates one, two, and th ee, in accordance with lump sum prices in the amount of $589,950 for construction of the Tierra De Las Pampas Exhibit. 2. Approve a Funding Analysis with a total estimated construction cost of $815,488. DISCUSSION This project includes construction of new grassland exhibit areas at the Santa Ana Zoo at Prentice Park (Exhibit 1) The project will ad a new anteater exhibit and a new rhea and guanaco exhibit area. Impro ements include construction of an anteater holding facility, fencing, pa hways, irrigation, and landscaping. The Notice Inviting Bids was advertised on October 6 and 8, 20( bids were opened on October 29, 2008. A summary of the bid invi mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 23 Contractors requesting bidding documents: 25 Bids received: 15 Bids received from Santa Ana Contractors: O1 8 , and tations 23B-1 Tierra De Las Pampas Exhibit November 17, 2008 Page 2 NAME OF BIDDER 7,. Tek-up Construction, Inc. 2. Patscheck Construction 3. Horizons Construction Co. 4. C S. Legacy Construction 5. Zusser Company, Inc. 6. Hondo Company 7. Thomco Construction 8. Unique Performance 9. Fleming Environmental l0.JRH Construction 11.Caltec Corporation 12. Faris Construction 13. Alma Construction 14.Y & M Construction 15. Newman Midland Corp. CITY Woodland Hills Costa Mesa Anaheim Chino Los Angeles Santa Ana Anaheim Costa Mesa Buena Park Tustin Westminster Dana Point Colton Gardena Los Alamitos Base Bid Base Bid Plus Plus Alternates Alternate One, Two, and One Three $589,950.00 $665,820.00 $677,410.17 $708,615.00 $820,000.00 $787,022.00 $778,500.00 $s6l,oo0.00 $880,000.00 $847,487.00 $904,422.00 $898,000.00 $1,040,539.00 $1,030,010.00 $1,006,007.00 $546,700.00 $615,820.00 $646,592.17 $647,615.00 $670,000.00 $735,422.00 $748,300.00 $760,000.00 $815,000.00 $819,143.00 $831,422.00 $838,000.00 $927,839.00 $961,660.00 $971,167.00 A total of 15 bids were received and all were responsive. The lowest total base bid, plus alternates one, two, and three was submitted by Tek- up Construction for $589,950 which is below the Engineer's estimate of $750,000. The amounts in the column of base bid plus alternates one, two, and three appear to be out of order because bidding documents require that the lowest responsible bidder be selected based on the lowest total base bid plus alternate one and those are the amounts that staff used to make the comparison. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act the proposed project has been determined to be adequately evaluated in previously prepared negative Declaration No. 2002-304. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $815,488 for the project (Exhibit 2). Funds are available in the Land and Water Conservation Account (account no. 156-247-6631), California 23B-2 Tierra De Las Pampas Exhibit November 17, 2008 Page 3 State Park Bond Account (account no. 169-270-6631), and the Special Fees and Donations Account (account no. 22-231-6631). ation APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ro Francesco Gutierrez ,',.P/ Executive Director ~xecutive Director ""~ Public Works Agency Finance & Mgmt. Services Ages J~~~~ Gerardo Mouet Executive Dire for Parks & Recreation Services Agency K:\Construction\RFCA-draft\11-17-08 TierraDe 07-6002 BA.doc 100 WD 23B-3 i i .~ t ~ 1 ~' i ___ ~T~ ~ ~ LOCATION ~ ~,~ ~ ~~~ i r ~ ~ ; '•~ ~ ., SANTA ANA ZOO AT i ~ ~ w PRENTK;E PARK ~ •~''~••~• ~ --~~ ~ •.: ~ ~ CHESTNUT AV ___ ~ -~; I I ~~ ~! EXHIBIT 1 J~Pt~oN ~~ SANTA ANA T~~e° P~1 am CO~~ TERRA DE LAS PAMPAS EXH~fT Ac~NDA DATE (PROJECT 07-6002) Nov. n, Zoos ~~~ 23B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: AMENDMENT TO AGREEMENT WITH CIVIC COLLECTIONS, INC. FOR ANIMAL LICENSE FEE COLLECTION PROGRAM ~-- ,~ ~~~ ~ ~ CIT MANAGER RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with Civic Collections, Inc. by $75,000 for collection of new and delinquent dog license fees and penalties, for a total aggregate amount not to exceed $100,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DTSC'i7GGTAN On May 21, 2007, City Council approved the renewal of a dog license fee collections agreement with Civic Collections, Inc. (CCI) for a one year term. In order to maintain continuous service, a not to exceed $25,000 agreement was executed on October 15, 2008. Staff recommends an amendment to this agreement in order to extend the agreement to a full one-year term. CCI has performed satisfactorily during the previous agreement terms and is willing to provide collection services for renewed dog license fees, penalties, and new dog license fees. Under the terms of the agreement, CCI is compensated in the amount of fifty percent for each dog license fee collected, fifty cents for each new dog license sold, and fifty cents for each rabies vaccination certificate issued. CCI is projected to generate $120,000 for the City during the fiscal year based on current estimates. FISCAL IMPACT Approval of the recommended action will enhance the Dog License revenue account (no.011-01-5951-100) as funds are received. APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency~.~ CLERK OF COUNCIL USE ONLY: 25A-1 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on the 17`" day of November, 2008, by and between Civic Collections, Inc., a California corporation (``Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The parties entered into Agreement #N-2008- 141, dated October 15, 2008, (hereinafter "said Agreement") by which Contractor has provided dog license fee collection services. B. In accordance with the terms and conditions of said Agreement, the parties wish to increase compensation to provide for services during the term of said Agreement. Wherefore, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: Section 2, COMPENSATION, shall be amended to increase the maximum compensation by $75,000 to pay for services provided by Contractor. Total compensation shall not exceed $100,000.00 during the period from July 1, 2008 through June 30, 2009. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney DAVID N. REAM City Manager CIVIC COLLECTIONS, INC. DOUG SHAW Owner 25A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: AGREEMENT WITH WILLDAN HOMELAND SOLUTIONS CONTINUITY OF OPERATIONS PLANS DEVELOPMENT ,= -~ CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of Council to execute the attached agreement with Willdan Homeland Solutions, an operating division of Willdan Group, Inc., to provide development of Continuity of Operations Plans for the cities of Santa Ana, Anaheim, Fullerton, Huntington Beach, and Irvine in an amount not to exceed $750,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. UASI provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for anti- terrorism equipment, planning, training, and exercises. Santa Ana has been designated as an Urban Area Core City for the fifth year. The City of Santa Ana has fiscal responsibility for the FY07 UASI grant for the Santa Ana/Anaheim Urban Area which encompasses the 34 jurisdictions in Orange County. In August 2008, a request for proposals (RFP) was issued for the development of Continuity of Operations Plans (COOP) and related consulting services. (Describe what a COOP is and who requires it) Eight proposals were received and evaluated for compliance with minimum requirements, overall responsiveness to the RFP, experience, references, and total project cost. Willdan Homeland Solutions met all of the listed specifications for this mandated training. It is anticipated that the current scope of services developed by the consultant will differ or expand as the consultant coordinates planning meetings that seek stakeholder input from the five jurisdictions in the 25B-1 Agreement with Willdan Homeland Solutions November 17, 2008 Page 2 Santa Ana/Anaheim Urban Area affected by this planning. The final determination of COOP consulting services may be adjusted in writing, and executed by the City Manager and Chief of Police, and by Willdan Homeland Solutions. FISCAL IMPACT Funds are available in the FY 2007 UASI Grant fund account (no. 125-337- 6291-37161). Paul M. Walters Chief of Police Police Department ~ 6 / ~`~ ,~e~Francisco Gutier•(r~e•/_.zc v Executive Director Finance & Mgmt. Services Agency 25B-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 17`h day of November, 2008 by and between WILLDAN HOMELAND SOLUTIONS, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. City, acting through the Santa Ana Police Department in its capacity as a Core City and lead agency for the Anaheim /Santa Ana Urban Area under the FY07 Urban Areas Security Initiative ("UASI"), has applied for, received and accepted a grant from the federal Department of Homeland Security, Office of Domestic Preparedness, through the State of California, Office of Homeland Security, to enhance countywide emergency preparedness, hereinafter referred to as "the Grant". B. The City desires to contract with an expert in the field of developing Continuity of Operations Plans ("COOP") for municipal governments. C. Consultant represents that they have the necessary skills and experience to provide assistance in developing such COOP's. D. Consultant has submitted a Proposal which identifies the scope, tasks and general time lines for providing the services and the costs thereof. 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 provide COOP planning, training, and exercise service to the Cities of Santa Ana, Anaheim, Fullerton, Huntington Beach, and Irvine in accordance with Consultant's Proposal, attached hereto as Exhibit A, and incorporated by reference. All services required hereunder shall conform in all respects to standards for such COOP development issued by the U.S. Department of Homeland Security. The parties anticipate that additional planning meetings, training and exercises will be planned and executed during the term of this Agreement. The City Manager and Chief of Police for the City of Santa Ana are hereby authorized to approve such additional meetings, training and exercises, in writing, as they determine will fulfill the objectives of the Grant. 25B-3 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $750,000 during the term of this Agreement. b. Payment by City shall be made following receipt of proper invoice evidencing the completion of milestones as set forth in Exhibit A, subject to the following process: 1. Consultant shall deliver a detailed invoice to the City of Santa Ana 2. At the time of delivery to City, Consultant shall deliver a copy of each invoice to the Designated Point of Contact for each Agency for which services were rendered. The effected Agency shall, within ten days of receipt, notify City of any discrepancies in the billing, or unsatisfactory delivery of services or materials. 3. If City does not receive a challenge from any Agency, City shall pay the invoice within thirty (30) days of receipt of the invoice, subject to City accounting procedures. c. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. USE AND OWNERSHIP OF DOCUMENTS It is understood by and agreed to between the parties that all documents, outlines, materials distributed during classes, and any other written papers or materials prepared for the presentations hereunder, paid for with Grant funds, or composed utilizing information provided by Santa Ana, shall be the property of Santa Ana and shall be delivered to Santa Ana upon completion of the services hereunder. Santa Ana shall grant Consultant a license to utilize such property for its own business purposes so long as such use is not contrary to the interests of Santa Ana. 4. TERM This Agreement shall commence on the date first written above and terminate on satisfactory completion of all training and exercises and submission of required evaluation and After Action Reports to the City, which the parties agree should be substantially complete on or before March 1, 2010. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create anemployer-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 25B-4 applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any covered act or occurrence arising out of Consultant's operations in the performance of this Agreement. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement to be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional Liability Insurance. Consultant shall provide professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and not less than $2,000,000 annual aggregate. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled without thirty (30) days prior written notice to the City. Ten (IO) days notice if cancellation is due to non-payment of premium. e. 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. 25B-5 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, ager. employees, and special counsel from liability for personal injury, or just compensation, arisin out of claims for personal injury, including health, and claims for property damage, to the extE they arise from the negligent or willful misconduct in the performance of operations or errors omissions 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. Inasmuch as measures to prevent or mitigate the effect of any act or terrorism are unit to the act, and the actions that may be taken in controlling, preventing or suppressing acts of terrorism are unique to the act, Consultant is not responsible to City for designing or advising or otherwise taking measures to prevent or mitigate the effect of any act of terrorism or any action which may be taken in controlling, preventing, suppressing or in any way relating to ar act of terrorism. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information o 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 mean . 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. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, dire or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person 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: 25B-6 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 With courtesy copies to: Santa Ana Police Department UASI /Homeland Security Division 60 Civic Center Plaza P.O. Box 1981 (M-97) Santa Ana, California 92702 Telefacsimile (714) 245-8745 Attn: Enrique Esparza and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Consultant: Jim Bailey Willdan Homeland Solutions 2401 East Katella Avenue, Suite 220 Anaheim, California 92806 telefacsimile (714) 940-4930 A party may change its address by giving notice in writing to the other party. Thereaftler, 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 beef 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 purposed of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City an~ Consultant, and supersedes any and all other agreements, oral or written, between the parties. $n the event of a conflict between the terms of this Agreement and any attachments hereto, the ', terms of this Agreement shall prevail. This Agreement may not be modified except by written' instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant r~or 25B-7 the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract withaut 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. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement 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. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services 25B-8 hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ma 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. 17. CONSULTANT CERTIFICATIONS a. Audit Records -With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and/or their dull authorized representatives for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and main(ain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. b. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. c. Section 504 of the Rehabilitation Act of 1973 (Handicapped) -All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractr~rs, assignees or successors. d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply vi,~ith all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity -None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation oflthe provisions of the "Hatch Act". f.. Civil Rights Compliance and Notification of Findings -Consultant will comply, and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights At of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR 25B-9 Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disab lity discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or tate administrative agency, or the Consultant makes a finding of discrimination after a due pro ess hearing on the grounds of race, color, religion, national origin, sex, or disability again t a recipient of funds, the Consultant will forward a copy of the findings to the City which wil , in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, .S. Department of Justice. 18. 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 Agreem nt, 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 forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date year first above written. CITY OF SANTA ANA, a municipal Corporation of the State of California ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: DAVID N. REAM City Manager WILLDAN HOMELAND SOLUTI JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney JIM BAILEY Vice President Tax ID# 25B-10 EXHIBIT A PROPOSED ACTIONS Willdan is committed to providing the five cities supported under the Continuity of Operations Plan (COOP) project with the same outstanding level of practical, responsive, and forward -looking support the Anaheim/Santa Ana Urban Area has received in the past. We can make this assertion, in part, because our proposed Project Manager, Jim Bailey, and his core team staff-including Wendy Kleinman, Mike Hooper, and Alberto Martinez-have served as the primary contractor support staff to the ASAUA homeland security exercise program for the past 3 years. Supporting Willdan on the COOP project is SRA International who brings local COOP planning experience proven and refined on projects throughout southern California. Together, their insights into the ASAUA's needs, objectives, and operating procedures are unrivaled, and their ability to advise and support tha ALAI IA matrhlacc in itc rlanraa of nrartiralifii anri ni iality The Willdan team will provide the following COOP planning, training, and exercise services to the Cities of Santa Ana, Anaheim, Fullerton, Huntington Beach, and Irvine during the period of performance ending October 30, 2009: A. Phase I- Planning. The planning phase of this project will be conducted over a 7- month period that is subdivided into 5 events or milestones. 1. Initial Planning Meeting. The purpose of the initial planning meeting will be to introduce the members of the Willdan team, review the approach and timeline, and discuss project roles and responsibilities. Members of the Willdan Team and the jurisdictional Stakeholder Project Managers will participate in this meeting. The outcome of this meeting will be an agreement between the Willdan Team and Stakeholder Project Managers on the approach and timeline of the project. The Willdan project manager will facilitate this meeting and his staff will coordinate the invite and track the RSVP's. Willdan will provide all of the planning materials for these meetings. 2. Kick Off Meeting. Each of the five cities will conduct a project kick off meeting. The purpose of the meeting will be to provide a larger audience, comprised of city department heads and planners, with a project overview/approach, COOP overview, project requirements, and planning team roles and responsibilities. These meetings will produce comprehensive project understanding among the planning participants at multiple levels. Willdan will coordinate and facilitate these meetings and provide all of the required reference materials. 3. Departmental Meetings. Willdan will coordinate and facilitate a series of planning meetings to develop each city's departmental COOP. We anticipate that approximately three planning meetings will be required for each city department. Moreover, each city will require one jurisdictional planning meeting to develop the overarching city COOP for each jurisdiction. Willdan, working in concert with each jurisdictional stakeholder project manager, will coordinate, facilitate, and provide the materials for each of these planning WiIJ{~~n ~op~ji~ry For Official Use Only meetings. The data gathered by Willdan will be entered into the COOP Planning Development Portal (CPDP) by Willdan personnel and provide back to each department for review. Additionally, Willdan will provide a single point of contact for each jurisdiction through which they may receive planning related information throughout the planning phase. 4. Mid- Project Review. Willdan will coordinate, facilitate, and conduct amid- project review during the planning phase. The purpose of this meeting will be to review the project's progress, identify areas for improvement, and provide each stakeholder project manager with a status of their jurisdictional plans. Willdan will be responsible for providing all required planning materials in support of this planning event. 5. Draft jurisdictional COOP plans delivered for review. Willdan will draft 5 jurisdictional COOP plans for review in accordance with the guidance provided in FEMA Preparedness Circular- 65. The jurisdictional plans will include each city's departmental COOP and an overarching city COOP. Each stakeholder project manager will be afforded 30 days to review their respective plan and provide changes/comments back to Willdan. Willdan will be responsible for providing the personnel and materials necessary for each jurisdiction's COOP development. Total Cost Phase I: $428,171.00 B. Phase II- Training. The training phase of this project will be conducted over a 3- month period that is subdivided into 3 events or milestones. 1. Develop Training Materials. Willdan will develop the training materials required to deliver a three to four hour training session for each jurisdiction for a total of five training deliveries. Materials developed will include instructor and student manuals, multimedia PowerPoint presentations, and participant evaluation forms. Each student will receive a student manual for their use during the course and follow on reference. 2. Stakeholder Project Manager's Meetings. Willdan will provide the training materials for stakeholder project manager review prior to delivering the training sessions. Willdan training staff and members from the planning team will review the materials produced and seek approval for those materials prior to training delivery. Stakeholder project managers will ensure the training is focused and meets the jurisdiction's requirements. Feedback from the project managers will be provided to Willdan for incorporation into final documents. 3. Conduct Training Sessions. Willdan will conduct five COOP training sessions (one per jurisdiction). Willdan will provide an instructor manual, student manuals for each participating student, and the staff required to deliver each training session. Willdan will develop and deliver training session invitations and track the RSVP's for each session. Participant registration support and light refreshments will also be provided by Willdan 2 Wi1J~~~opZi~t~ry For Official Use Only staff. Willdan will provide a copy of the participant registration form to each stakeholder project manager upon training completion. Total Cost Phase II: $56,793.00 C. Phase III- Tabletop Exercises. The exercise phase of this project will be conducted over a 3-month period that will include the standard planning events required by the U.S. Department of Homeland Security, Homeland Security Exercise and Evaluation Program (HSEEP). Conduct Tabletop Exercises. Willdan will design, develop, and deliver five tabletop exercises in accordance with the guidance and direction provided by HSEEP doctrine. Each exercise will be three to four hours in length and will be conducted in a hybrid full plenum/breakout group format. Willdan will provide the facilitators and staff to conduct the exercise, as well as, the materials (Situation Manuals, badges, participant evaluation forms, etc.) required to support the exercises. The lessons learned from the exercises will be incorporated into the final draft of each jurisdiction's COOP. Total Cost Phase III: $139,739.00 D. Phase IV- COOP finalization. The final phase of this project will be conducted over a 2-month period that is subdivided into 3 events or milestones. 1. Incorporate Suggested TTX changes. The Willdan team will incorporate the changes gathered during the tabletop exercises into the draft COOPs. These changes will represent the final modifications to the plans prior to submission to the stakeholder project managers. 2. Deliver Draft Plans with Changes. Willdan will deliver a final plan to each jurisdiction. Each jurisdiction will receive three hard copy plans in 3-ring binders and two electronic copies of plans on CD ROM. Moreover, Willdan will provide electronic copies of all training and exercise materials as well. 3. Conduct Final Planning Meeting. Willdan will coordinate and facilitate a final planning meeting with each jurisdiction to review completion and quality of deliverables. Total Cost Phase IV: $64,402.00 Total Project Cost: $689,105.00 WiL~~~pI J y Page 11 of 11 25B-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: AGREEMENT RENEWAL WITH ALL CITY MANAGEMENT SERVICES, INC. FOR ADULT CROSSING GUARD PROGRAM CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to renew the attached agreement with All City Management Services, Inc. for the Adult Crossing Guard Program for an additional one-year term, in an amount not to exceed $815,764, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 5, 2007, Council approved a one-year agreement with All City Management Services, Inc. (ACMS), to staff the Adult Crossing Guard Program per the requirements specified in a Request for Proposal. The Adult Crossing Guard Program ensures safe pedestrian movement of children around elementary schools within Santa Ana. The Police Department's evaluation over the past year has determined that ACMS has met all the requirements of the agreement. Staff recommends a one-year renewal of this agreement as the consultant has performed satisfactorily during the previous agreement period. FISCAL IMPACT Funds are available in the Police Department, Traffic Division, Other Contractual Services account (no. 11-333-6291). APPROVED AS TO FUNDS AND ACCOUNTS: i~ ~ ~~ /// ~_ Paul M. Walters Chief of Police Police Department ~~ ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ~~~ 25C-1 THIRD AMENDMENT TO CONSULTANT AGREEMENT THIS THIRD AMENDMENT TO CONSULTANT AGREEMENT is entered into on November 17, 2008 by and between All City Management Services, a California corporation ("ACMS") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement N-2007-008, dated February 1, 2007, (hereinafter "said Agreement") by which Consultant has provided crossing guard services. B. Said Agreement was first amended by agreement number A-2007-054, dated March 5, 2007, to extend the term and increase compensation to pay for services during the extended term. Due to a clerical error, said Amendment was identified as the Second Amendment to Agreement N-2006-019. C. A second amendment of said Agreement, A-2007-273, was executed on December 3, 2007. The second amendment of said Agreement was incorrectly identified as the Third Amendment of Agreement N-2006-019. D. In accordance with the terms and conditions of said Agreement N-2007-008, the parties wish to increase the Scope of Services by including an additional intersection at which Consultant will provide crossing guard services, extend the term of said Agreement and increase compensation to pay for services during the extended period. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended by replacing Schedule l , Crossing Guard Locations, with a new Schedule 1.1, Crossing Guard Locations, attached hereto and incorporated into said Agreement by this reference. 2. Section 2.a., COMPENSATION, shall be amended to add $815,764.00 to pay for crossing guard services, at the hourly billing rate of $14.41, during the extended period from March 1, 2009 through February 28, 2010. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on March 1, 2006 and terminate on February 28, 2010, unless terminated earlier in accordance with Section 12, below." 25C-2 4. Except as herein amended, all terms and conditions of said Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Consultant Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager ALL CITY MANAGEMENT SERVICES BARON FARWELL President 25C-3 SCHEDULE 1.1 CROSSING GUARD LOCATIONS Elementary School Location of Crossing Guard Schedule School Total Total Sch. Days/Yr Hrs/ Hrs/Yr Dist. Da 1 Adams St. Gertrude &Raitt Traditional 180 4 720 S.A. 2 Carver Santa Ana & Hes Brian Traditional 180 5 900 S.A. 3 Carver 5` St. & Pacific (N/E Traditional 180 5 900 S.A. Corner 4 Carver/Romero-Cruz Santa Ana & Forest (S/E Traditional 180 3 540 S.A. Corner) 5 Diamond Center & Borchard Traditional 180 5 900 S.A. 6 Diamond Edin er & Greenville Traditional 180 5 900 S.A. 7 Fairhaven Fairhaven & Old Grand Year-Round 232 4 928 Org. South Side of Street) 8 Fairhaven Fairhaven & Grand (S/E Year-Round 232 4 928 Org. Corner 9 Fairhaven Fairhaven & Grand (S/W Year-Round 232 4 928 Org. Corner) 10 Franklin Broadway & Cubbon (S/E "D" Cycle 180 4 720 S.A. Corner) I 1 Fremont Civic Center & English Traditional 180 4 720 S.A. N/E Corner 12 Fremont Civic Center &Raitt (N/W/ Traditional 180 4 720 S.A. Corner 13 Garfield 6` St. & Lac (S/E Corner) Modified 180 4.5 810 S.A. 14 Garfield Santa Ana & Lacy (N/E/ Modified 180 4.5 810 S.A. Corner) 15 Garfield / St. Joseph Civic Center & Lacy (N/E/ Modified 180 5 900 S.A./ Corner Priv. l6 Greenville Raitt & MacArthur Traditional 180 4 720 S.A. 17 Harvey Pomona & Center (S/W Traditional 180 4 720 S.A. Corner 18 Harve Greenville & Pomona Traditional 180 4 720 S.A. 19 Hazard School Crosswalk Traditional 180 4 720 G.G. 20 Hazard 5` St. & Hu lars Ln. Traditional 180 4 720 G.G. 21 Heninger Walnut & Broadway (S/E Traditional 180 5 900 S.A. Corner 22 Heninger Walnut & Main (S/W Traditional 180 5 900 S.A. Corner) 23 Heritage Newhope &Camile (West Traditional 180 4 720 G.G. side of the Street) 24 Heritage Newhope &Camile (S/E/ Traditional 180 4 720 G.G. Corner 25 Jackson McFadden & Fairview Traditional l80 5.5 990 S.A. S/W Corner 26 Jackson McFadden & Fairview (S/E Traditional 180 5.5 990 S.A. Corner 27 Jackson McFadden & Fairview Traditional 180 5.5 990 S.A. /W/Corner 28 Jackson McFadden & Fairview Traditional 180 5.5 990 S.A. (N/E/ Corner) 25C-4 29 Jefferson Adams &Raitt Traditional 180 4 720 S.A. S/W Corner 30 Jefferson Adams &Raitt (S/E Traditional 180 4 720 S.A. Corner 3l Kennedy McFadden & Standard (S/E Modified 180 4 720 S.A. Corner 32 Kennedy McFadden & Standard (N/E Modified 180 4 720 S.A. Corner 33 King McFadden & Graham (N/E Traditional 180 5 900 S.A. Corner 34 King McFadden & Graham (S/E Traditional 180 5 900 S.A. Corner) 35 Lincoln Willits & Sullivan (N/E Traditional 180 4.5 792 S.A. Corner 36 Lincoln Willits & Sullivan (N/W Traditional 180 4.5 792 S.A. Corner 37 Lincoln Willits & Diamond (N/W Traditional 180 4.5 792 S.A. Corner 38 Lincoln Willits &Raitt (N/E Traditional 180 4.5 792 S.A. Corner 39 Lowell /Pio Pico Flower & Bishop Modified 180 4.5 810 S.A. S/W Corner 40 Lowell /Pio Pico Flower & Highland (S/W Modified 180 4.5 810 S.A. Corner) 41 Madison Hobart & Standard (S/W Traditional 180 5 900 S.A. Corner 42 Madison Edinger & Standard (N/W Traditional 180 5 900 S.A. Corner 43 Martin School Crosswalk Traditional 180 4 720 S.A. 44 Martin Flower & Wilshire (N/W Traditional 180 4 720 S.A. Corner 45 Martin Edinger & Towner (N/E Traditional 180 4 720 S.A. Corner 46 Monroe Central &Halladay (N/W Traditional l80 4 720 S.A. Corner 47 Monte Vista Monte Vista & Townsend Modified 180 4.5 810 S.A. N/W Corner 48 Monte Vista Monte Vista &Raitt (N/W Modified 180 4.5 810 S.A. Corner 49 Monte Vista Monte Vista &Raitt (S/E Modified 180 4.5 810 S.A. Corner) 50 Newhope Newhope & Kent (East Side Traditional 180 4 720 G.G. of the Street) 51 Newhope Newhope & Kent (West Traditional 180 4 720 G.G. Side of the Street 52 Remington 4` St. & Grand (N/E Traditional 180 4 720 S.A. Corner 53 Roosevelt Chestnut &Halladay (N/E Traditional 180 4.5 792 S.A. Corner 54 Roosevelt Chestnut & Standard (S/W Traditional 180 4.5 792 S.A. Corner 55 Rosita School Crosswalk Traditional 180 4 720 G.G. 56 Rosita 5` St. &Rosita Traditional 180 4 720 G.G. 57 Russell Charlaine & Jackson (S/E Traditional 180 5 900 G.G. Corner 25C-5 58 Russell Camile & Jackson (S/W Traditional 180 5 900 G.G. Corner 59 Santiago Santa Clara & Baker (S/W Traditional 180 4 720 S.A. Corner 60 Santiago Bristol & Santa Clara (S/W Traditional 180 4 720 S.A. Corner 61 Sepulveda Poplar & St. Andrew (N/E Traditional 180 4.5 792 S.A. Corner 62 Taft Flower & MacArthur (S/E Traditional 180 4 720 S.A. Corner 63 Taft Flower & MacArthur (N/E Traditional 180 4 720 S.A. Corner) 64 Thorpe Alton & Greenville (S/E Traditional 180 4 720 S.A. Corner 65 Walker/Roosevelt Bishop & Standard (N/W Year-Round 238 5 1190 S.A. Corner 66 Washington Flower & Anahurst (S/W Year-Round 238 4.5 1071 S.A. Corner 67 Washington Flower & Warner (N/W Year-Round 238 4.5 1071 S.A. Corner 68 Washington Flower & Warner (S/W Year-Round 238 4.5 1071 S.A. Corner 69 Wilson Washington & Baker (S/E Year-Round 238 5 1190 S.A. Corner) School Schedules Santa Ana Unified School District (SAUSD) 1. Traditional Schedule -Schools within the SAUSD assigned to the traditional school schedule operate an average of 180 days per year beginning in September and ending in June. 2. Modified Calendar Schedule -Schools within the SAUSD assigned to the modified calendar schedule operate on a schedule similar to the traditional school schedule but include extended holiday periods. The modified calendar schedule begins in August and ends in June. 3. "D" Cycle Schedule -Franklin Elementary School is the only school in the SAUSD that operates on the "D" Cycle schedule. This operates for an average of 90 days and then takes a break for 90 days. Garden Grove Unified School District (GGUSD) 1. Traditional Schedule -All schools in the City of Santa Ana that are within the GGUSD are assigned to the traditional schedule. Traditional schedule schools are open an average of 180 days per year beginning in September and ending in June. Orange Unified School District (OUSD) 1. Year-Round Schedule - Fairhaven Elementary School is the only school in the City of Santa Ana that is governed by the OUSD. The school operates an average of 232 days per year based on a schedule that begins in July and ends the following June. AhhrPViatinnc N/E Northeast S.A. Santa Ana Unified School District N/W Northwest G.G. Garden Grove Unified School District S/E Southeast Org. Orange Unified School District S/W Southwest Priv. Private School 25C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: AGREEMENTS FOR BUILDING PLAN CHECK SERVICES AND APPROPRIATION ADJUSTMENT S -~ r ~ ~ l --~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONL1Y: CONTINUED TO APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Readin< ^ Ordinance on 2"d Readin ^ Implementing Resolution ^ Set Public Hearing For FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached agreements with Scott Fazekas and Associates, Inc.; Tmad, Taylor & Gaines; and Nabih Youssef & Associates, subject o non- substantive changes approved by the City Manager and City Att rney in an aggregate total amount not to exceed $120,000. 2. Approve appropriation adjustments recognizing aggregate total amounts not to exceed $120,000 in the 2008-2009 FY revenue acco nt for building plan check (account no. 011-01-5401) and appro riating various amounts not to exceed $120,000 to the Planning and uilding Agency 2008-2009 FY budget allocation in the account for con ractual services (account no. 11-508-6291) for payments to the con ultants contracted to complete building plan checks of various project . DISCUSSION The City experienced an uneven work flow in development over t several years, in part due to the number of high-rise projects. to keep up with plan check service demands, the City contract various consultants on an as needed basis. In August 2007, City approved $300,000 for these contracted services for fiscal year With the decline of high-rise projects, it is anticipated that t for contracted plan check services will not be required to t degree as in the past few years. Accordingly, the current regL decreased to $120,000 for the current year. This request is primarily for the purpose of maintaining a thz turn-around time for all plan submittals. Over the past 18 mon Planning and Building Agency has strived to reach this standard, a the past year over 90% of the plans submitted for first revi~ ze last n order 'd with Council 007-08. ze need ie same Est has ee-week the the nd over ,w were 25D-1 Plan Check Agreements and Appropriation Adjustments November 17, 2008 Page 2 completed within thre contracted plan check submitted or when one time. e weeks or less. This has been achieved y services when an inordinate amount of pl n: or more large projects enter plan check at he Of eight consulting firms that responded to the original Reques Proposal, three consulting firms continue to meet the City's requ: for availability of qualified engineering staff, turn-arounc locale, and fees. One of these recommended firms, Scott Faze Associates, Inc., will provide complete plan check services at a ~ to exceed 70~ of the City's plan check fee charged to each proje receive. The other two recommended firms, Tmad, Taylor & Gai Nabih Youssef & Associates, will provide structural only plan cl- selected projects at a rate not to exceed 40~ of the City's pla fee charged to the project. All contracted firms will proc required plan revisions and deferred submittals at acceptable rates. All three firms have agreed to no other add-on costs. FISCAL IMPACT Plan check fees paid to the City for each project contracted out plan check will fund the cost for the consultants at an amount exceed 705 of the plan check fee paid to the City. In cases why structural plan check is provided by a consulting firm, the fee wi amount not to exceed 40% of the total plan check fee paid to t] These amounts will be recognized in the revenue account for build: check (account no. 011-01-5401) and a like amount appropriated Planning and Building Agency account for contractual services no. 11-508-6291), not to exceed a total amount of $120,000. APPROVED AS TO FUNDS AND AC ,~ Jay Trevino Ex c tive Director Planning and Building Agency SB:rb sb\rfca's\2008-09\Plan Check Services Nov-OB Francisco Executive Finance & 25D-2 Gutierrez Director Management Services using are same for a rements time, :as and ate not ~t they ies and ~cks on z check ass any hourly or full not to re only 1 be an e City. ng plan to the account S: =Y~.i CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 17`}' day of November, 2008 by and between SCOTT FAZEKAS & ASSOCIATES, INC., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized 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 municipal plan check services. B. Consultant represents that Consultant is able and willing to provide such services to City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such material may n be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty- free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 25D-3 COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, seventy percent (70%) of the applicable plan check fee charged by City. The total sum to be expended for Plan Check services by all Consultants during the term of this Agreement shall no exceed the $120,000.00 aggregate amount approved by City Council on November 17, 2008. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Consultant may charge fifty percent (50%) of the total fee upon submission of the initial plan check report and the balance upon completion of Plan Check for the project. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate when allocated funds have been expended, unless terminated earlier in accordance with Section 12, below. 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, 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 a wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Worker's Compensation Insurance. In accordance with the provisions of Section 33 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured agar 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. b. Professional liability (errors and omissions) insurance, with a combined single limit not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. 2 25D-4 c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procure and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approva of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect 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. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief 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 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 ma; make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written 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 25D-5 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) through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building Agency Building Safety Division City of Santa Ana 20 Civic Center Plaza (M-19) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5897 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Scott Fazekas & Associates, Inc. 9 Corporate Park, Suite 200 Irvine, California 92606 4 25D-6 telefacsimile (949) 475-2560 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consult compensation for all services performed by Consultant prior to receipt of such notice of terminate subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to delive 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. 25D-7 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approval: waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. // // // // 25D-8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager SCOTT FAZEKAS & ASSOCIATES, SCOTT FAZEKAS President Tax ID# 25D-9 EXHIBIT A SCOPE OF SERVICES General Description Building Safety Division of the City of Santa Ana foresees submittal of several large projects in the near future. Therefore, the City is seeking the services of professional consultants to support the efforts of City staff in the area of plan checking. Scope of Services Consultant shall perform the following services for each assigned building plan review. 1. Detail review the mechanical, plumbing, electrical and building (architectural/structural) plans. Review supporting documents for industrial, commercial, residential and public buildings and determine compliance with applicable building standards as related to existing and proposed buildings. 2. Review the plans for compliance with California state-mandated regulations for energy conservation, disabled access and City Adopted Ordinances. Review the plans for compliance with Federal Flood Plain regulations for projects in the special flood hazard area designated on the flood insurance rate map (FIRM) as zone A0 or AE. 4. Recheck and approval of final plans and supporting documents to be provided without additional charge for recheck. Submittal of approved plans and all supporting documents to the City of Santa Ana. 6. Provide all necessary liaison with applicants via fax, phone, a-mail or in person to expedite the review process and consult on complex code issues with City of Santa Ana Building Official. 7. Plan review report to be customized for each project and be delivered via fax, mail or e- mail to City and the applicant. Structural portion of the plans to be reviewed by California Licensed Civil or Structural Engineer. Plan reviewer to be consistent, accurate, available and responsive to the City and the applicant via phone, fax, a-mail and meetings. Also, the plan reviewer shall be available to the Building Official and his staff to help answer Code questions arising from review. 25D-10 Plan reviewer shall provide assistance in evaluation of alternate materials, design and methods of construction proposed by applicant. 10. Plan reviewer shall be available, at no expense to the City of Santa Ana, to meet at the City office with owners, architects, engineers and contractors to discuss the Plan Check issues. 11. Plan reviewer to verify that the job description, square footages, occupancy classifications and type of construction, on the permit application agrees with the plans and specifications. Plan reviewer will also verify the building valuation based upon valuation costs used by the City of Santa Ana. 12. Initial Plan review to be complete within fifteen (15) working days and recheck within five (5) working days. 13. Deferred submittals, trusses, stairs, curtain walls, etc. to be plan checked on an hourly rate of $85.00/hour. 14. Consultant fee for review services to be 70% of the City of Santa Ana Plan Check Fee. 25D-11 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 17`" day of November, 2008 by and between TMAD, TAYLOR & GAINES, a California corporation (hereinafter "Consultant"), ani 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 municipal plan check services. B. Consultant represents that Consultant is able and willing to provide such services to City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide structural plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such material may n be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty- free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, forty percent (40%) of the applicable plan check fee charged by City. The total sum to be 25D-12 expended for Plan Check services by all Consultants during the term of this Agreement shall exceed the $300,000.00 aggregate amount approved by City Council on November 17, 2008. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Consultant may charge fifty percent (50%) of the total fee upon submission of the initial plan check report and the balance upon completion of Plan Check for the project. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate when allocated funds have been expended, unless terminated earlier in accordance with Section 12, below. 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, 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 a wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Worker's Compensation Insurance. In accordance with the provisions of Section 3301 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured agains 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. b. Professional liability (errors and omissions) insurance, with a combined single limit not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 25D-13 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its 'I 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 approva~ of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,', employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for ', personal injury, including health, and claims for property damage, which may arise from the direct or indirect negligent operations of the Consultant or its contractors, subcontractors, agentslb employees, or other persons acting on their behalf which relates to the services described in '~, section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims '' for damages, just compensation, restitution, judicial or equitable relief suffered 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 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 ma~ make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written 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) through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful 25D-14 possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building Agency Building Safety Division City of Santa Ana 20 Civic Center Plaza (M-19) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5897 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Tmad, Taylor & Gaines Attn: Terry Tsang 800 N. Ferrari Lane, Suite 100 Ontario, California 91764 telefacsimile (909) 477-6916 25D-15 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consult compensation for all services performed by Consultant prior to receipt of such notice of terminate subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to delive 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. 25D-16 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. // // // // // 25D-17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney TMAD, TAYLOR & GAINES TERRY TSANG Vice President Tax ID# 25D-18 EXHIBIT A SCOPE OF SERVICES General Description Building Safety Division of the City of Santa Ana foresees submittal of several large projects in the near future. Therefore, the City is seeking the services of professional consultants to support the efforts of City staff in the area of plan checking. Scope of Services Consultant shall perform the following services for each assigned building plan review. Provide structural only plan check and review the supporting documents industrial, commercial, residential and public buildings and determine compli with applicable building standards as related to existing and proposed buildings. 2. Recheck(s) and approval of final plans and supporting documents to be done additional charges for recheck. Submittal of approved plans and all supporting documents to the City of Santa Ana. 4. Provide all necessary liaisons with applicants via fax, phone, a-mail or in person expedite the review process and consult on complex code issues with City of Sa; Ana Building Official. Plan review report to be customized for each project and be delivered via fax, mail e-mail to the city and the applicant. Structural portion of the plans to be reviewed by a California Licensed Civil Structural Engineer. 7. Plan reviewer to be consistent, accurate, available and responsive to the City of S Ana and the applicants via phone, fax, a-mail and meetings. Also, the plan revif is to be available to the Building Official and his staff to help field code questions surface. Also provide assistance in evaluation of alternate materials, design methods of construction proposed by applicant. Plan reviewer to be available, at no additional expense to the City of Santa Ana, meet at the city office with owners, architects, engineers and contractors to disci the plan check issues. 9. Plan reviewer to verify that job description, square footages, occ classifications and the type of construction set forth in the application for 25D-19 agrees with the plans and specifications. Also the plan reviewer shall verify building valuation based on valuation costs used by the City of Santa Ana. 10. Initial plan review to be done within 15 working days and recheck within 5 days. 11. Deferred submittals, trusses, stairs, curtain walls, etc. to be done on an hourly rate $85.00/hour. 12. Consultant fee for structural plan review services to be 40% of the plan check fee City of Santa Ana charges. 25D-20 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 17`h day of November, 2008 by and between NABIH YOUSSEF & ASSOCIATES, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized 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 municipal plan check services. B. Consultant represents that Consultant is able and willing to provide such services to City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide structural plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such material may n be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty- free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, forty percent (40%) of the applicable plan check fee charged by City. The total sum to be 25D-21 expended for Plan Check services by all Consultants during the term of this Agreement shall exceed the $300,000.00 aggregate amount approved by City Council on November 17, 2008. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Consultant may charge fifty percent (50%) of the total fee upon submission of the initial plan check report and the balance upon completion of Plan Check for the project. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate when allocated funds have been expended, unless terminated earlier in accordance with Section 12, below. 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, 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 a wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Worker's Compensation Insurance. In accordance with the provisions of Section 3 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured aga 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. b. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 25D-22 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procure and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approva of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect 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. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief 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 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 ma; make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written 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) through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful 25D-23 possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building Agency Building Safety Division City of Santa Ana 20 Civic Center Plaza (M-19) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5897 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Nabih Youssef & Associates Attn: Nabih Youssef 800 Wilshire Boulevard, Suite 200 Los Angeles, California 90017 telefacsimile (213) 688-3018 4 25D-24 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consult compensation for all services performed by Consultant prior to receipt of such notice of terminate subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to delive 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. 25D-25 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. // // // // // 25D-26 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney NABIH YOUSSEF & ASSOCIATES NABIH YOUSSEF Principal Tax ID# 25D-27 EXHIBIT A SCOPE OF SERVICES General Description Building Safety Division of the City of Santa Ana foresees submittal of several large projects in the near future. Therefore, the City is seeking the services of professional consultants to support the efforts of City staff in the area of plan checking. Scope of Services Consultant shall perform the following services for each assigned building plan review. 1. Provide structural only plan check and review the supporting documents industrial, commercial, residential and public buildings and determine compli with applicable building standards as related to existing and proposed buildings. 2. Recheck(s) and approval of final plans and supporting documents to be done without additional charges for recheck. 3. Submittal of approved plans and all supporting documents to the City of Santa Ana. 4. Provide all necessary liaisons with applicants via fax, phone, a-mail or in person expedite the review process and consult on complex code issues with City of Say Ana Building Official. 5. Plan review report to be customized for each project and be delivered via fax, mail e-mail to the city and the applicant. 6. Structural portion of the plans to be reviewed by a California Licensed Civil Structural Engineer. 7. Plan reviewer to be consistent, accurate, available and responsive to the City of S Ana and the applicants via phone, fax, a-mail and meetings. Also, the plan revie is to be available to the Building Official and his staff to help field code questions surface. Also provide assistance in evaluation of alternate materials, design methods of construction proposed by applicant. 8. Plan reviewer to be available, at no additional expense to the City of Santa Ana, meet at the city office with owners, architects, engineers and contractors to disc the plan check issues. 9. Plan reviewer to verify that job description, square footages, occ~: classifications and the type of construction set forth in the permit application 25D-28 with the plans and specifications. Plan reviewer to verify that the building is based on the valuation costs used by the City of Santa Ana. 10. Initial plan review to be done within 15 working days and recheck within 5 days. 11. Deferred submittals, trusses, stairs, curtain walls, etc. to be done on an hourly rate $85.00/hour. 12. Consultant fee for structural plan review services to be 40% of the plan check fee City of Santa Ana charges. 25D-29 25D-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-11 FOR THE PROPERTY LOCATED AT 904 NORTH OLIVE STREET.. ~ __ i- CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S1 Readinc ^ Ordinance on 2"d Readin ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Cindy Carcamo and Michael Mello for the st ucture located at 904 North Olive Street, subject to non-substantive hanges approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and C erk of the Council to execute the attached agreement with Cindy Carc mo and Michael Mello for the structure located at 904 North Olive treet, subject to non-substantive changes approved by the City Manager a d City Attorney at its October 2, 2008 meeting by a vote of 5:0 (D'ckman, O'Callaghan absent). DISCUSSION After the public hearing on October 2, 2008, the Historic Re ources Commission reviewed the proposed Historic Property Preservation Ag Bement (Mills Act Contract) and concluded that the resulting potential p operty tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both th owner and the community (Exhibit A) Additionally, the agreement p events inappropriate alterations. 25E-1 HPP Agreement No. 2008-11 November 17, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement revenue to the City by an estimated $88.83 period of not less than ten years. will reduce the prope$~ty tax to $444.13 annually, for a APPROVED AS TO FUNDS AND AC Jay M. Trevino Francisco Gutierrez o xecutive Director Executive Director Planning & Building Agency Finance & Management Services HS:rb hs\historic info\milla act agreements\904_N_Olive\hppa08-ll.cc yf~ 25E-2 REQUEST FOR Historic Resouroes Commission Action Hsrawc r~souRCES ooi~.ssioN ~rrvo DATE OCTOBER 2, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-11 FOR THE PROPERTY LOCATED AT 904 NORTH OLIVE STREET APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske Exec ive rector Planning Ma ger RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Cindy Carcamo and Michael Mello for the structure located at 904 North Olive Street, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicants, Cindy Carcamo and Michael Mello, request the approval of Historic Property Preservation Agreement No. 2008-11 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single story Spanish Colonial Revival residence and a detached, two-car garage located at 904 North Olive Street (Exhibit 1). The property is within the Washington Square neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25E-3 HPPA No. 2008-11 October 2, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in September 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Spanish Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with recommended action is Section 15061 (b) (3) , from further review. project. the California Environmental Quality Act, the exempt from further review under General Rule and therefore, the recommended action is exempt A Notice of Exemption will be filed for this ~- Ha ly boleske Associ e Planner HS j m hs\historic info\mills act agreements\hppa08-ll.hrc Sergi Princ 25E-4 2~Ois 20~ w 1~ ~ 2a3 ~ t#1 ~~ S saos 220i 21~ 136 ~ 21i3 133 ~ 21l1 1 125 13.9 12 133 11 '1 ti ~ a o ~ ~- ~ ~ ~ 2an Q 3 _~ K ~ '~ [7 Z0iD1 19 19.28 1920 1909 191 1913 1 1919 91! 1916 ._._ 19iS 500' RADIUS HPPA-2008-11 904 South Olive Street PLANNING AND BUILDING AGENCY ~~i~ EXECUTIVE SUMMARY GRANT HOUSE 904 North Olive Street Santa Ana, CA 92703 NAME Grant House REF. NO. ADDRESS 904 North Olive Street CITY Santa Ana ZIP 92703 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SSl Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red the roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The Grant House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Mission/Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the Mission/Spanish Colonial Revival style in the Washington Square neighborhood, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003 SSl: Individual property that is listed or designated locally. EXHIBIT 2 2~~ 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 3 _ Resource name(s) or number (assigned by recorder) Grant House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 0053 Date: *c. Address 904 North Olive Street City Santa Ana Zip 92703 *e. Other Locational Data: 405-183-37 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one-story stucco-clad house displays signature features of the Spanish Colonial Revival style. Rectangular in plan, the house is primarily side-gabled, framed by two unevenly sized front gables that cap projecting side wings. Clay tiles cover the gables and slightly sloped portion of the roof in the rear of the building. Between the two wings, a central patio is enclosed by a low stucco wall whose design incorporates a Mission Revival-inspired arch, accented with a decorative iron grillwork. Elevated on one step, the entry is located within asouth-facing archway, opening onto the patio from the north wing. A tripartite wood-framed window, consisting of a trxed center light flanked by three-light casements, overlooks the patio. On the north portion of the facade, the projecting side wing features a trxed pane window flanked by two narrow double-hung sashes, topped with an arched four-light transom. Attic vents formed of clusters of clay pipes project from the gable apexes and exterior walls above the windows. Fenestration on the south wing is provided by three-light casement windows, deeply recessed within an arched wood frame. Side elevations are similiarly fenestrated with casement and double-hung, wood- framed sashes in a variety of configurations. Sheltered beneath an awning, a secondary entrance elevated on three steps marks the south elevation. A stucco-clad chimney with a flared base projects from the exterior wall of the north elevation. Approached by a pathway that bisects a front lawn landscaped with mature trees, the house is substantially unaltered and is in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other -~; 5 ^ V..~ None. P5b. Photo: (view and date) East elevation August 2008 *P8. Date Constructed/Age and Sources: ^historic 1927/City of Santa Ana Building Permits *P7. Owner and Address: Vidal Alvarado 904 N. Olive St. Santa Ana, CA 92703 *P8. Recorded by: L. Heumann and D. Howell-Ardila Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: August 13, 2008 *P70. Survey Type: Intensive Survey Update *P17. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) 2 5 ~g~~of 4 *Required information State of California-The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 *Resource Name or #: Grant House 61. Historic Name: Grant House B2. Common Name: Same B3. Original Use: Single-family Residence 84. Present Use: Single-family Residence *65. Architectural Style: Mission/Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1927 August 31, 1927. Residence and garage, $5,000. October 28, 1941. Reroof, $130. October 13, 1948. One fixture installed, $90. March 9, 1953. Termite repairs, $110. October 17, 1969. Wafer heater installed. August 21, 1987. Two electrical fixtures installed. March 13, 1989. Repair bath floor, replace drywall, and instal! two plumbing fixtures. November 14, 1991. Add bathroom and walk-in closet and rear of residence, 96 square feet total (permit to replace BP#55941). October 12, 1999. Tear off cap sheet and apply new cap sheet and reroof, $2,320. *67. Moved? ^No Yes DUnknown *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: 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 Grant House is architecturally notable as an intact and representative example of the Spanish Colonial Revival style. According to the original building permit, the house and garage were built in 1927 for Mrs. Margaret Grant for a cost of $5,000. City directories indicate that Mrs. Grant, the widow of Alex Grant, occupied the residence for nearly a decade, until circa 1937, when the home was purchased by Elizabeth M. Campbell. Campbell, a title searcher with the Orange County Title Company, remained in the home until at least the early 1960s. (See Continuation Sheet 3 of 3.) 611. Additional Resource Attributes: Gist 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.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: August 13, 2008 (This space reserved for official comments.) DPR 5236 (1/95) Date: Original Location: ~~e~ Sketch Map 904 N. Olive St. 405-083-37 ~ O .CO O O ~ ~, N ® O ~ ~O ~ O ® 0 0 0 U00 t a s ~ © ® ~o®o ~ a~vr *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Grant House "Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date August 13, 2008 ~ Continuation ^ Update *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Grant 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 of 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 ll. 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 ("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 Grant House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Typical features of this style illustrated by the house include its materials of file and stucco, casement windows, use of arches, and incorporation of a patio into the plan. Additionally, the house has been categorized as "Contributive" because if `contributes to the overall character and history" of Santa Ana, and, as an example of the Spanish Colonial Reviva! style `is a good example of period architecture." Character- defining exterior features of the Grant House that should be preserved include, but may not be limited to, materials and finishes (stucco, tile); roof configuration and detailing; original windows and doors where extant; chimney; patio, architectural details such as the Mission Revival-influenced arch and circular clay pipe vents. "B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Hisfory. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Depf. of the Inferior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Orange County Plat Maps, 1912. Historic Maps, Santa Ana History Room, 1923, 1932, 1955. Santa Ana and Orange County Directories, 1926-1961. DPR 523E 'f MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this November 3, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Cindy Carcamo and Michael Mello, (hereinafter referred to as "Owners"), owner of real property located at 904 North Olive Street, Santa Ana, California, 92703 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 904 North Olive Street, Santa Ana, CA, 92703 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- E$1~T'~ Q MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 3, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25E-11 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25E-12 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25E-13 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 904 North Olive Street, Assessor Parcel Number, 405-183-37, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Cindy Carcamo and Michael Mello 904 North Olive Street Santa Ana, CA 92703 -5- 25E-14 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 2~E-15 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: By: CITY OF SANTA ANA DAVID N. REAM City Manager Cindy Carcamo Date: By: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney Michael Mello -7- 25E-16 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 Exhibit A N TR 455 LOT 36 Assessor Parcel No. 405-183-37 -8- 25E-17 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25E-18 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- 25E-19 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 Exhibit C (photographs attached) -11- 25E-20 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 -12- 25E-21 MILLS ACT AGREEMENT 904 North Olive Street Santa Ana, CA 92703 -13- 25E-22 904 NORTH OLIVE STREET PHOTO LOCATION MAP OI ive Street i NORTH 50' I I O DRIVEWAY I O O I I O • I I I • • I 112.0' I • I I • I • I • I L • 25E-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-12 FOR THE PROPERTY LOCATED AT 2345 NORTH HELIOTROPE DRIVE i ~ ', `~, C~" CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Cathy Dawes for the structure located at 2345 North Heliotrope Drive, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Cathy Dawes for the structure located at 2345 North Heliotrope Drive, subject to non- substantive changes approved by the City Manager and City Attorney at its October 2, 2008 meeting by a vote of 5:0 (Dickman, O'Callaghan absent). DISCUSSION After the public hearing on October 2, 2008, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25F-1 HPP Agreement No. 2008-12 November 17, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $97.98 to $489.89 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: a M. Trevino Executive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency,~r- 1 HS:rb hs\historic info\mills act agreements\2345_N_Heliotrope\hppa08-12.CC 25F-2 REQUEST FOR Hisfioric Resouroes Commission Action Hsrowc ~souRCES oon~ussiori n~rr~c QATE OCTOBER 2, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-12 FOR THE PROPERTY LOCATED AT 2345 NORTH HELIOTROPE DRIVE Prepared by Hally Soboleske Hsrowc RESOUr~s c~onnM~ssioN sECr~ raRlr APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO _ :, \ ~_, Executive Director Planning M ager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Cathy Dawes for the structure located at 2345 North Heliotrope Drive, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, Cathy Dawes, requests the approval of Historic Property Preservation Agreement No. 2008-12 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single story minimal traditional residence and a detached, two-car garage located at 2345 North Heliotrope Drive (Exhibit 1) The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25F-3 HPPA No. 2008-12 October 2, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in September 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Minimal Traditional styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the communi ty. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with recommended action Section 15061 (b) (3) , from further review the California Environmental Quality Act, the is exempt from further review under General Rule and therefore, the recommended action is exempt A Notice of Exemption will be filed for this HPPA-2008-12 2345 North Heliotrope Drive PLANNING AND BUILDING AGENCY E~~IT~ EXECUTIVE SUMMARY WADDELL HOUSE 2345 North Heliotrope Drive Santa Ana, CA 92706 NAME Waddell House REF. NO. ADDRESS 2345 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1940 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Minimal Traditional During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented astripped-down version of the historic-eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture "a standard, low-cost, minimum house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57). In a reflection of the Tudor and English Revival styles they mimic, Minimal Traditional homes are typically rectangular in plan and one-story in height, often with afront-gabled wing and prominent attached chimney. In contrast with the preceding styles, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi-light casement, double- hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes display decorative wood shutters and porch-roof supports. Subtypes of the Minimal Traditional home include the Two-Story Variant, which displays added ornamental detailing and represents a late example of traditional eclectic styles, such as the Colonial Revival or Monterey styles. By the 1950s, the Minimal Traditional home was replaced by the Ranch House as the style of choice for middle-class housing and large tract-house developments. (McAlester, pp. 476-78). SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Waddell House has been listed in the California Register of Historical Resources. The Waddell House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Minimal Traditional style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and, as an intact and characteristic example of the Minimal Tradition style, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents thi work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. E f5 __ 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) Waddell House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2345 North Heliotrope Drive City Santa Ana Zip 92706 "e. Other Locational Data: 007-071-07 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Finished in smooth stucco, this one-story residence displays the characteristic features of the Minimal Traditional style. A low-pitched, cross-gabled roof, detailed with thin vergeboards and shallow eaves, caps the building. Comprising the north half of the fagade, a projecting, front-gabled wing features a bay window with atwelve-light fixed pane flanked by rectangular double-hung sashes with wood frames. A pent roof caps the bay window, which is centered beneath ahalf-circle vent piercing the gable apex. Accenting the fagade, porch, and side elevation windows, ornamental shutters consist of two slightly rounded wood planks fastened with a rounded wood tie, decorated with pineapple-shaped perforations. Located in the intersection of the cross gables, the entry consists of a paneled wood door sheltered beneath a covered porch. Six-over- six double-hung sashes overlook the porch, which rests on thin wood posts adorned with overlapping half-circles made of wrought iron. Extending the home on the south, a lower side-gabled wing is slightly recessed behind the primary side gable. Fenestration on the south wing echoes the pattern on the facade, with six-over-six double-hung sashes framed by ornamental shutters with a pineapple motif. The north elevation displays an attached brick chimney with a corbelled cap. Located to the southeast of the residence, astucco-clad garage is capped with afront-gabled roof of low pitch. Further enhanced by mature trees and landscaping, the residence has no visible alterations and is an intact, highly representative example of the Minimal Traditional style. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) West elevation August 2008 *Pti. Date Constructed/Age and Sources: ^historic 1940/City of Santa Ana Building Permits *P7. Owner and Address: Cathy Dawes 2345 N. Heliotrope Dr. Santa Ana, CA 92706 *P8. Recorded by: L. Neumann and D.Howell-Ardila Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: August 13, 2008 *P10. Survey Type: Intensive Survey Updafe *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) ~ ~ ~~5 *Required information *P11. Report Citation: (Cite survey report and other sources, or enter "none") State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 2D2 *Resource Name or #: Waddell House 61. Historic Name: Waddell House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Minimal Traditional *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1940 November 19, 1940. Residence and garage constructed, $6,000. November 13, 1953. Installation of one plumbing fixture, $75. May 11, 1965. Installation of water heater. July 20, 1992. Installation ofair-conditioning unit. July 20, 2004. Addition to existing detached garage, $5,300. August 25, 2004. Tear off and re-roof for garage roof, $1,400. *67. Moved? ^No DYes DUnknown Date: Original Location: *B8. Related Features: None. 69a. Architect: Unknown b. Builder: Allison Honer *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Waddell House is architecturally significant as an intact and representative example of the Minimal Traditional style. According to the original building permit, dated November 19, 1940, the residence and garage were constructed of a cost of $6,000 for Floral Park developer Alison Honer. In 1945, when the house first appears in the city directory, the occupants were Mrs. Helen Waddell and her husband William F., a partner in the transport company C & W Transportation, located at 1125 Parton Street in Santa Ana. The Waddells remained in the house until circa 1952, when retiree Charles J. Truscott and his wife Inez resided in the home. By 1956, the property was the address for James M. Briggs, an account executive with the Los Angeles firm Merrill, Lynch, Pierce, Fenner & Beane. Briggs and his wife Nora resided in the home until of least the early 1960s, after which ownership changed hands on several occasions. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) 613. Remarks: *614. Evaluator: Leslie J. Neumann *Date of Evaluation: August 13, 2008 (This space reserved for official comments.) Sketch Map o per. `~O ~ 2345 N. Heliotrope Dr. 0 002-071-07 W ,~ ~ yx Q ~, O s ~ ~ ~ _ ~ n ~ _ ~ ~ U ~ ~ ~ ~ Q _____ ,., a -. ~ O - , N DPR 5236 (1195) ~ C ~~cQof 5 *Required infonnation State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET rrinomiai Pane 3 of 4 Resource Name or # (Assigned by recorder) Waddell House *Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date August 13, 2008 ~ Continuation ^ Update *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Waddell 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 Counfv Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2008), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Waddell House lies in the northern section of Floral Park known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that: `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "' Under the regulations implementing the California Register of Historical Resources, the Waddell House, which is a contributor to the National Register district, has been listed in the California Register. The Waddell House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Minimal Traditional style. Typical features of this style illustrated by the house include ifs one-story massing and rectangular form; prominent front-gabled wing and attached chimney; low- pitched roof with shallow eave overhangs; a minimal use of ornamental detail, apart from wood-plank shutters and decorative wrought-iron porch supports; the smooth stucco cladding. Additionally, the house has been categorized as "Contributive" because, as an intact example of a Minimal Traditional residence in the Floral Park neighborhood, `is a good example of period architecture." Character-defining exterior features of the Waddell House that should be preserved include, but may not be limited to, materials and finishes (stucco and wrought-iron); roof configuration and detailing; original windows where extant; chimney; minimal use of applied ornament; architectural details such as the decorative porch supports and pineapple- shaped perforations accenting the shutters. *B72. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide fo American Houses. New York: Alfred A. Knopf, 1984. (See Continuation Sheet 4 of 4.) ' Determination of Eligibility, February 25, 1980. A ~ ~~~ of 5 DPR 523E L State of California -The Resources Agency Primary # II DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial '~ Page 4 of 4 Resource Name or # (Assigned by recorder) Waddell House "Recorded by Leslie J. Heumann and Deborah Howell-Ardila "Date August 13, 2008 ~ Continuation ^ Update *B12. References (continued): National Register Bulletin 16A. `How to Complete the National Register Registration Form. "Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `7nstrucfions for Recording Historical Resources." Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal September 21, 1981. `Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. `History of Floral Park." http://www.floral-park.com/page2.html. Santa Ana and Orange County Directories, 1932-1954. DPR 523E ~q~~'~ 0 MILLS ACT AGREEMENT 2345 North Heliotrope Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this November 3, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Cathy Dawes, (hereinafter referred to as "Owner"), owner of real property located at 2345 North Heliotrope Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2345 North Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E1~'F ~ 1 MILLS ACT AGREEMENT 2345 North Heliotrope Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 3, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: ~~F-12 MILLS ACT AGREEMENT 2345 North Heliotrope Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 2~F-13 MILLS ACT AGREEMENT 2345 North Heliotrope Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by 2~F-14 MILLS ACT AGREEMENT 2345 North Heliotrope Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2345 North Heliotrope Drive, Assessor Parcel Number, 002-071-07, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Cathy Dawes 2345 North Heliotrope Drive Santa Ana, CA 92706 2~F-15 MILLS ACT AGREEMENT 2345 North Heliotrope Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 2~F-16 MILLS ACT AGREEMENT 2345 North Heliotrope Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Cathy Dawes APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney Z~F-17 MILLS ACT AGREEMENT 2345 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A Lot 10 of Block B of Tract No 1035, as per map recorded in Book 33, Page 46 of Miscellaneous Maps, in the office of the County Recorder of said Orange County. Assessor Parcel No. 002-071-07 2~F-18 MILLS ACT AGREEMENT 2345 North Heliotrope Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with 2~F-19 MILLS ACT AGREEMENT 2345 North Heliotrope Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Z~F-Zo MILLS ACT AGREEMENT 2345 North Heliotrope Drive Santa Ana, CA 92706 Exhibit C (photographs attached) 2~F-21 MILLS ACT AGREEMENT 2345 North Heliotrope Drive Santa Ana, CA 92706 -12- 25F-22 MILLS ACT AGREEMENT 2345 North Heliotrope Drive Santa Ana, CA 92706 -13- 25F-23 MILLS ACT AGREEMENT 2345 North Heliotrope Drive Santa Ana, CA 92706 -14- 25F-24 ~ ~ 2345 NORTH HELIOTROPE DRIVE PHOTO LOCATION MAP HELIOTROPE DRIVE NORTH 60.08' I I O ^ DRIVEWAY I I ^ I I 4 . I I ^ I 120.32 I ^ I I • I O 3 O I O I I ^ I L 25F-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-13 FOR THE PROPERTY LOCATED AT 2402 NORTH BONNIE BRAE C , CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Kathy Lea Pascoe for the structure located at 2402 North Bonnie Brae, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Kathy Lea Pascoe for the structure located at 2402 North Bonnie Brae, subject to non- substantive changes approved by the City Manager and City Attorney at its October 2, 2008 meeting by a vote of 5:0 (Dickman, O'Callaghan absent). DISCUSSION After the public hearing on October 2, 2008, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A) Additionally, the agreement prevents inappropriate alterations. 25G-1 HPP Agreement No. 2008-13 November 17, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $128.05 to $640.26 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: M. Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agenc HS:rb hs\historic info\mills act agreements\2402_N_BOnnieBrae\hppa08-13.cc 25G-2 REQUEST FOR Historic Resoun~es Commission Action OCTOBER 2, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-13 FOR THE PROPERTY LOCATED AT 2402 NORTH BONNIE BRAE Prepared by Hally Soboleske Msror~c ~sou~s mow sEC~ra~r APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Executive Dire for Planning Manager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Kathy Lea Pascoe for the structure located at 2402 North Bonnie Brae, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, Kathy Lea Pascoe, Property Preservation Agreement No. property owner and the City of Santa requests the approval of Historic 2008-13 (Mills Act) between the Ana. Property Description The subject property includes a two story Italian Renaissance Revival residence and a detached, two-car garage located at 2402 North Bonnie Brae (Exhibit 1) The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25G-3 HPPA No. 2008-13 October 2, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Key in September 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Italian Renaissance Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project . ll ~ ~ ~ _ a ly oleske Sergio K of AI Associ e Planner Princi a P1 n HS:jm hs\historic info\mills act agreements\hppa08-13.hrc 25G-4 315 ~.9?8 '~ i +~ a •?3i1 .?331 92S 2~ ^ ~ z3?0 9i9 1MNK ~ NDRTH P LVD 3311 l5 '~ ~ w 3911 ~ .9ri9 u sa s/ F, _ l ~ ~) 4 i SANTA CiARA AV .~.~ .7~?18 .7.73(1 2?i4 15 i 9.710 1 ~ 1 ~3~ 2908 ~ r ~~' IIOk ~~ ~ !nom ~~,,, Nil 500' RADIUS H P PA-2008-13 2402 North Bonnie Brae PLANNING AND BUILDING AGENCY E~~T 5 EXECUTIVE SUMMARY VAN DIEN HOUSE 2402 North Bonnie Brae Santa Ana, CA 92706 NAME Van Dien House REF. NO. ADDRESS 2402 North Bonnie Brae CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1929 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Italian Renaissance Revival The late 19th and 20th century revival of the Italian Renaissance style, also known as the Italian Renaissance Revival, was popular from the late 19th century until 1930. It was inspired by the designs of the palazzi of northern Italy and popularized by American architects McKim, Mead, and White. Utilized on public buildings and ornate homes, the vocabulary of the style also influenced the appearance of commercial buildings. Characteristic features generally include masonry construction, often with different treatments on lower and upper stories; stringcourses or belt courses between stories; flat roofs screened by parapets or hipped roofs; cornices, dentils, pilasters, quoins, and other classical details; and a balanced, often symmetrical appearance. Taller, more elaborate buildings often feature terracotta facade cladding or ornamentation while more modest one to three-story examples utilize bricks of contrasting colors as trim. Ground floors of multi-story buildings often housed banking rooms; more modest buildings may contain storefronts with recessed entries and large plate glass display windows with transoms and bulkheads. Upper story windows are most commonly one-over-one wood framed double-hung sash. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Van Dien House has been listed in the California Register of Historical Resources. The Van Dien House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Italian Renaissance Revival style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as an example of the Italian Renaissance Revival style in the Floral Park neighborhood (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. E Pa ~~'6 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 3 Resource name(s) or number (assigned by recorder) Van Dien House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad: TCA1725 Date: *c. Address 2402 North Bonnie Brae City Santa Ana Zip 92706 *e. Other Locational Data: 002-123-05 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Rectangular in plan, this two-story residence displays the signature features of the Italian Renaissance Revival style. The home is capped with a hipped and tiled roof, terminating in broad open eaves accented with carved wood brackets. Circular pipe vents arranged in rectangles pierce the wall beneath the eaves. Sheathed in smooth stucco, the building is trimmed with quoins at the comers. Regular though not symmetrical in composition, the primary (west) elevation is organized around an elevated entrance bay, capped with a projecting wood gable resting on decoratively carved wood supports. Fenestration treatment varies on all visible elevations, with multi-light casement windows in a variety of configurations set within deeply- recessed, square openings. Second-story windows are accented with painted cast-stone frames. Projecting from the northwest corner of the residence, awrought-iron balconette with a scalloped edge encloses a set of three-light casements with wood frames. Extending east on the north elevation, two full-length multi-light windows are set within two prominent, graduated arches. Occupying the northwest corner on the second story is a covered balcony with exposed wood beams. The balcony roof rests on a corbelled frieze and a single column topped with a modified classical capital. Echoing this decorative motif, two similarly styled pilasters accent the balcony corners. Marking the west elevation, a bay window wifh multi-light wood-framed windows is capped by a pent roof. Alterations include the addition of a second story in the rear elevation of the property (which is not visible from the street), the extension of fhe living room on the northwest elevation (obscured from view by landscaping), and the replacement of the original garage. Otherwise highly intact and in excellent repair, the house is enhanced by matures trees and landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) Northwest elevation August 2008 *P6. Date Constructed/Age and Sources: ^historic 1929/ Source: City of Santa Ana building permits. *P7. Owner and Address: Kathy Pascoe 2402 N. Bonnie Brae Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: August 13, 2008 *P10. Survey Type: Intensive Survey *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (IistZ ~~~~ * DPR 523A (1/95) 2 Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S1 *Resource Name or #: Van Dien House B1. Historic Name: Van Dien House B2. Common Name: Same B3. Original Use: Single-family Residence 64. Present Use: Single-family Residence *B5. Architectural Style: Italian Renaissance Revival *B6. Construction History: (Construction date, alterations, and date of alterations): August 3, 1929. Residence and garage constructed for $15,000. December 30, 1944. Addition to residence by Allison Honer Company, $200. May 18, 1945. One electrical fixture and one gas outlet installed, $120. January 25, 1962. Eight electrical outlets and four fixtures installed. January 24, 1962. Interior alterations, $1,000. February 9, 1962. Three plumbing fixtures installed. August 12, 1965. Water heater installed. December 6, 1993. Remove clay tile, install new felt, and replace original tile, $4,000. March 20, 2001. Interior remodel. September 10, 2002. Install one new window in bathroom, $250. December 11, 2002. New detached two-car garage, $12,564. March 3, 2004. Extend existing living room, $25,000. June 14, 2004. Interior remodel and addition of second story and deck in rear elevation, $172,505. *67. Moved? ^No Yes DUnknown Date: *Bt3. Related Features: None. Original Location: 69a. Architect: Unknown b. Builder: Unknown *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Van Dien House is architecturally significant as a example of the Italian Renaissance Revival style in Floral Park. According to the original building permit, dated August 3, 1929, the residence and garage were constructed for Horace 8. Van Dien and his wife Clara for a cost of $15,000. Van Dien was the proprietor of Van Dien-Young Company, a building materials and trucking company located at 508 East Fourth Street. The Van Diens owned the property for nearly a decade, until circa 1938. Succeeding the Van Diens was Emil Wagner, the owner of Brown & Wagner Colonial Mortuary, and his wife Mildred, who remained in the home through the early 1940s. By 1944, Harry G. Huffman, a prominent Santa Ana surgeon and physician, and his wife Vyvian purchased the property, where they remained until at least 1956. Huffman, one time president of the Orange County Medical Association, retired in 1960. By 1962, the home was the address of J. V Landau, the vice president of Sta-Hi Color Service, and his wife Betty. Ownership has since shifted in subsequent decades. (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 3.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann (This space reserved for official comments.) *Date of Evaluation: August 13, 2008 Sketch Map ,J ~- On i L«J --------- 2402 N. Bonnie Brae • ~ ~ 002-123-05 e --- - w -: ------ - O O a w ® °' f 0 s n • s ~ O ~\ =O ~ '~i' ~Oi ~~ ~ \"/ Cpl DPR 5238 (1/95) ~g~~~V *Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned 6v rerorderl Van Dien Huse *Recorded by Leslie J. Neumann and Deborah Howell-Ardila 'Date August 13, 2008 ^D Continuation ^ Update *B10. Significance (continued): The Van Dien House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange Countv Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 1! 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 Van Dien House lies in the northern section of Floral Park historically known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "~ Under the regulations implementing the California Register of Historical Resources, the Van Dien House, which is a contributor to the National Register district, has been listed in the California Register. The Van Dien House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Italian Renaissance Revival style. The rectangular, regular massing beneath glow-pitched hipped roof, the wide overhanging eaves accented with carved wood brackets, and the generous use of quoining for emphasis are notable in this regard. Additional features reflecting the Italian Renaissance Revival style illustrated by the house include its use of full-length arched windows and multi-light, wood-framed casements deeply recessed within cast-stone surrounds. Additionally, the house has been categorized as `Key" because it has a `distinctive architectural style and quality." Character-defining exterior features of the Van Dien House that should be preserved include, but may not be Limited to, materials and finishes (stucco, wood, and wrought-iron); roof configuration and detailing; original windows and doors where extant; architectural details such as the styling and configuration of the balcony and ba/conefte, the use of quoining and classical capitals and pilasters. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. `Alison Honer Dies at 84,"The Santa Ana Journal, September 21, 1981. `Builder of Honer Plaza Dies," Orange Countv Register. September 15, 1981. `History of Floral Park." http.//www.iloral-park.com/page2.html `Prominent Santa Ana Doctor Dies at 66,"Santa Ana Register. April 28, 2004. Armor, Samuel. History of Orange Countv. Los Angeles: History Record Company, 1921. Orange County Directories, 1928-1952. ~ Determination of Eligibility, February 25, 1980. DPR 523E ~~4 MILLS ACT AGREEMENT 2402 North Bonnie Brae Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this November 3, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Kathy Lea Pascoe, (hereinafter referred to as "Owner"), owner of real property located at 2402 North Bonnie Brae, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2402 North Bonnie Brae, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. ~~o MILLS ACT AGREEMENT 2402 North Bonnie Brae Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 3, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: 2~G-11 MILLS ACT AGREEMENT 2402 North Bonnie Brae Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 2~G-12 MILLS ACT AGREEMENT 2402 North Bonnie Brae Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25G-13 MILLS ACT AGREEMENT 2402 North Bonnie Brae Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2402 North Bonnie Brae, Assessor Parcel Number, 002-123-05, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Kathy Lea Pascoe 2402 North Bonnie Brae Santa Ana, CA 92706 10. General Provisions. 2~G-14 MILLS ACT AGREEMENT 2402 North Bonnie Brae Santa Ana, CA 92706 a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. 2~G-15 MILLS ACT AGREEMENT 2402 North Bonnie Brae Santa Ana, CA 92706 No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Kathy Lea Pascoe APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney 2~G-16 MILLS ACT AGREEMENT 2402 North Bonnie Brae Santa Ana, CA 92706 Exhibit A Lot 12, Tract 761, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 22, Page 35 of Maps, in the office of the County Recorder of said Orange County. Assessor Parcel No. 002-123-OS 2~G-17 MILLS ACT AGREEMENT 2402 North Bonnie Brae Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with 2~G-18 MILLS ACT AGREEMENT 2402 North Bonnie Brae Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io - 25G-19 Exhibit C (photographs attached) -11- 25G-20 MILLS ACT AGREEMENT 2402 North Bonnie Brae Santa Ana, CA 92706 -12- 25G-21 MILLS ACT AGREEMENT 2402 North Bonnie Brae Santa Ana, CA 92706 MILLS ACT AGREEMENT 2402 North Bonnie Brae Santa Ana, CA 92706 1 G -. YA -13- 25G-22 ~ r ~~ MILLS ACT AGREEMENT 2402 North Bonnie Brae Santa Ana, CA 92706 -14- 25G-23 2402 NORTH BONNIE BRAE PHOTO LOCATION MAP BONNIE BRAE i i -•-•- NORTH 77.35' I O • DRIVEWAY 4 I O I I O 149.79' I O I O I I . . ~ REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-14 FOR THE PROPERTY LOCATED AT 2468 NORTH RIVERSIDE DRIVE 7 ~ ~ '~ / CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Gary N. Kawabuchi and Shirley A. Dutchover- Kawabuchi for the structure located at 2468 North Riverside Drive, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Gary N. Kawabuchi and Shirley A. Dutchover-Kawabuchi for the structure located at 2468 North Riverside Drive, subject to non-substantive changes approved by the City Manager and City Attorney at its October 2, 2008 meeting by a vote of 5:0 (Dickman, O'Callaghan absent). DISCUSSION After the public hearing on October 2, 2008, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25H-1 HPP Agreement No. 2008-14 November 17, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $72.33 to $361.67 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: J M. Trevino Executive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agenc ,(~ HS:rb hs\hiatoric info\mills act agreements\2468_N_Riverside\hppa08-14 .cc 25H-2 REQUEST FOR Historic Resour+oes Commission Action OCTOBER 2, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-14 FOR THE PROPERTY LOCATED AT 2468 NORTH RIVERSIDE DRIVE HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske t~.0ut..Q~ Executive irector k-~.~,c..Q~t~c.. 1---~ Planning Ma ager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Gary N. Kawabuchi and Shirley A. Dutchover-Kawabuchi for the structure located at 2468 North Riverside Drive, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicants, Gary N. Kawabuchi and Shirley A. Dutchover-Kawabuchi, request the approval of Historic Property Preservation Agreement No. 2008-14 (Mills Act) between the property owners and the City of Santa Ana. Property Description The subject property includes a one story English Tudor Revival residence and a detached, two-car garage located at 2468 North Riverside Drive (Exhibit 1). The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's EXHIBIT A 25H-3 HPPA No. 2008-14 October 2, 2008 Page 2 assessed value, thereby resulting in potentially significant property tax savings for the owner. One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in September 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this English Tudor Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with recommended action is Section 15061(b)(3), from further review. project . the California Environmental Quality Act, the exempt from further review under General Rule and therefore, the recommended action is exempt A Notice of Exemption will be filed for this Ha ly S oleske Associa e Planner HS:jm hs\historic info\mills act agreements\hppa08-14.hrc Sergio PrinciJ 25H-4 ~ ~ ~ z , ~ ~ ; ~ ~ ~ ~_.._.... _ _ J PARK Lyr'~ ~.4 __. ~~ _w_ --~-_ i ~~ 21 s I ~~' ~ ~ ,~ .. r ~~ ~' J 4 ~_ ~ OI ~~ a~~v a. _ JaNQUIL Rp RAWC LN € ~ ~ -- ~ ~ ij ~+. 5~ n - } ... .e..a ~ y~~ Di; ___ _ ._ __ i _. 11~ Ei~.VD I._ W~ ~; 500' RADIUS ~? avrvNl~ s~ HPPA-2008-14 2468 North Riverside Drive PLANNING AND BUILDING AGENCY ~Bf3' 1 EXECUTIVE SUMMARY HANSON HOUSE 2468 North Riverside Drive Santa Ana, CA 92706 NAME Hanson House REF. NO. ADDRESS 2468 North Riverside Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1931 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the facade and are often multi-paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Hanson House has been listed in the California Register of Historical Resources. The Hanson House also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and, as an intact and characteristic example of the English Revival style, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. ~~u°:~° 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) Hanson House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2468 North Riverside Drive City Santa Ana Zip 92706 *e. Other Locational Data: 002-064-04 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Finished in smooth stucco, this L-shaped, one-story residence features the asymmetrical composition typical of the English Revival style. Across-gabled roof of intermediate pitch caps the residence, which has shallow overhanging eaves with rolled edges, meant to suggest thatching. An additional feature highlighting the Medieval roots of the English Reviva!/Tudor style is the use in the gables of unhewn logs, which are exposed at the gable ends. The principal design element on the fagade is a projecting front-gabled bay with a deeply recessed arched window ringed by a multi-light transom with wood frames. A narrow rectangular vent with horizontal louvers pierces the apex of the front gable end, which is accented with applied heraldic ornament. Placed at a 45-degree angle from the intersection of the front and side gables, an imbedded conical tower capped with wood shingles shelters the entry. Deeply recessed within an arched opening, the entry is characterized by a wood door with a small arched light screened behind an iron grill. Applied heraldic ornament and an iron sconce adorn the wall of the entry tower, which is elevated on three steps. Fenestration on the facade is provided by a set of wood-framed twelve-light casement windows on the east wall of the projecting wing. Overlooking the patio, similar twelve-light casements frame a fixed eighteen-light window. Side elevations are also fenestrated with wood-framed casement and double-hung sash windows in a variety of configurations. The north elevation features an attached stucco-covered chimney with a flared base. Alterations to the property include the replacement of the original garage door. In excellent repair, the residence is otherwise highly intact and further enhanced by mature trees and landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) North elevation August 2008 *P6. Date Constructed/Age and Sources: ^historic 1931/City of Santa Ana Building Permits *P7. Owner and Address: Gary Kawabuchi 2468 N. Riverside Drive Santa Ana, CA 92706 *P8. Recorded by: L. Neumann and D.Howell-Ardila Sapphos Environmental, Inc. 430 North Halstead Street Pasadena, California 91107 *P9. Date Recorded: August 13, 2008 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) *Required information ~~~~ State of California-The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 2D2 ~Kesource Name or #: Hanson House B1. Historic Name: Hanson House 62. Common Name: Same 63. Original Use: Single-family Residence 64. Present Use: Single-family Residence *B5. Architectural Style: English Revival *66. Construction History: (Construction date, alterations, and date of alterations): Constructed 1931 October 13, J931. Residence and garage constructed for $5,000. December 9, 1944. One fixture installed, $75. March 31, 1982. Plumbing permit, piping installed. July 3, 1989. Electric service meter installed. December 5, 1990. Air-conditioner and furnace installed. October 6, 1993. Replace gas piping. October 26, 1994. Tear off wood shake roof and re-roof with terra shake, $12,500. *B7. Moved? ^No DYes Unknown Date: Original Location: *Bti. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Hanson House is architecturally significant as an intact example of the English Revival style. According to the original building permit, dated October 13, 1931, the residence and garage were constructed for 1. S. Sklar at a cost of $5, 000. When the house first appears in city directories, Fred F. Fein, manager of Fein's Millinery, and his wife Margaret were listed as the residents. By 1933, the property was the address of Lars Hanson, a supervisor with Alpha Beta Food Markets, and his wife Gertrude. By 1956, Hanson had refired. He and his wife remained in the home until at least the early 1960s. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: August 13, 2008 (This space reserved for official comments.) Sketch Map ~ 'l snar£r 2468 N. Riverside Dr. 4 002-064-04 ~,~ ~'~, O F .`• O \ \~ !\ O4 O u ~O \•,~ O O ~~ O O , a O ~ i ~ v= a m C ~~ c ~ ~ DPR 5236 (1/95) *Required information 2R#~-~ 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) Hanson House *Recorded by Leslie J. Neumann and Deborah Howell-Ardila *Date August 13, 2008 D Continuation ^ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Hanson House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and Wesf Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 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 Hanson House lies in the northern section of Floral Park historically known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the Nationa! Register found that `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "' Under the regulations implementing the California Register of Historical Resources, the Kelly House, which is a contributor to the National Register district, has been listed in the California Register. The Hanson House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Typical features of this style illustrated by the house include its asymmetrical composition; use of unhewn logs in gables; medium-pitched roof with wood shingles; smooth stucco lrnish; wood-framed casement and double-hung sash windows; and attached chimney with flared base. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an intact example of the English Revival style in the Floral Park neighborhood, `is a good example of period architecture." Character-defining exterior features of the Hanson House that should be preserved include, but may not be limited to, materials and finishes (smooth stucco trnish); roof configuration and detailing; original windows and doors where extant; attached chimney; architectural details such as the arched multi-light transom and conical entry tower imbedded at the intersection of the front and side gables. ' Determination of Eligibility, February 25, 1980. DPR 523E ~ ~ 4~5 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial rage 4 of 4 Resource Name or # (Assigned by recorder) Hanson House *Recorded by Leslie J. Neumann and Deborah Howell-Ardila *Date August 13, 2008 (] Continuation ^ Update B72. References (continued): Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Chain of Title, 2429 N. Heliotrope Drive. Available at the Planning Division, Santa Ana City Hall, Santa Ana, CA. Franklin, Don. `7VW 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 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. Of><ce of Historic Preservation. "Instructions for Recording Historical Resources. "Sacramento: March 1995. Santa Ana and Orange County Directories, 1932-1954. Ward, Cynthia, Anaheim. `Hanson House Primary Record and Building, Structure and Object Record,"May 2007. Whitten, Marcus. American Architecture Since 1780. Cambridge: M1T Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies,"Orange County Register. September 15, 1981. `History of Floral Park." http://www.floral-park.com/page2.html. DPR 523E /~ ~ 5 ~ O MILLS ACT AGREEMENT 2468 North Riverside Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this November 3, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Gary N. Kawabuchi & Shirley A. Dutchover-Kawabuchi, (hereinafter referred to as "Owner"), owner of real property located at 2468 North Riverside Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2468 North Riverside Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new -I- E~~ 1 MILLS ACT AGREEMENT 2468 North Riverside Drive Santa Ana, CA 92706 building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 3, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25H-12 MILLS ACT AGREEMENT 2468 North Riverside Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25H-13 MILLS ACT AGREEMENT 2468 North Riverside Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are -4- 25H-14 MILLS ACT AGREEMENT 2468 North Riverside Drive Santa Ana, CA 92706 available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2468 North Riverside Drive, Assessor Parcel Number, 002-064-04, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Gary N. Kawabuchi & Shirley A. Dutchover-Kawabuchi 2468 North Riverside Drive Santa Ana, CA 92706 -5- 25H-15 MILLS ACT AGREEMENT 2468 North Riverside Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. -6- 25H-16 MILLS ACT AGREEMENT 2468 North Riverside Drive Santa Ana, CA 92706 No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Gary N. Kawabuchi Date: By: Shirley A. Dutchover- Kawabuchi APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25H-17 MILLS ACT AGREEMENT 2468 North Riverside Drive Santa Ana, CA 92706 Exhibit A Lot 19 of Tract 751, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 22, Page(s) 37 of Miscellaneous Maps, in the office of the County Recorder of said Orange County. Assessor Parcel No. 002-064-04 -g- 25H-18 MILLS ACT AGREEMENT 2468 North Riverside Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25H-19 MILLS ACT AGREEMENT 2468 North Riverside Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - to- 25H-20 Exhibit C (photographs attached) -~~- 25H-21 MILLS ACT AGREEMENT 2468 North Riverside Drive Santa Ana, CA 92706 -12- 25H-22 MILLS ACT AGREEMENT 2468 North Riverside Drive Santa Ana, CA 92706 MILLS ACT AGREEMENT 2468 North Riverside Drive Santa Ana, CA 92706 -13- 25H-23 MILLS ACT AGREEMENT 2468 North Riverside Drive Santa Ana, CA 92706 -14- 25H-24 2468 NORTH RIVERSIDE DRIVE PHOTO LOCATION MAP Riverside Drive u~ i I 50.0' I 3 O . I R~ NORTH I ~ I I I I I 135.0' I I I I 5 O I I I I ~•-•-~-~-•-•-•-~-•-~I 25H-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: SECOND AMENDMENT TO AGRgEMENT FOR AS -NEEDFsD PAVEMENT Es~TALUATION SERVICES I CITY MANAGER ~~ ~ l t ~ CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a second amendment to the agreement with LaBelle Marvin to provide as-needed pavement evaluation services in the amount of $200,000 for a total contract in the amount of $400,000 subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION In December 2007, the City Council approved a $100 million program to improve streets citywide. In addition to the residential street program, several arterial streets are scheduled for improvements as part of 2008/09 Capital Improvement Program. To better assess the alternate methods for pavement rehabilitation, coring and testing of existing pavement surfaces are needed. LaBelle Marvin has been performing an excellent job providing these services for the City. In addition to coring and testing, they will provide comprehensive reports providing engineering recommendations for pavement overlays and reconstruction. Staff recommends an amendment to the existing contract with LaBelle Marvin, for an additional $200,000 for a total contract amount of $400,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 251-1 Second Amendment to Agreement For As-Needed Pavement Evaluation Services November 17, 2008 Page 2 FISCAL IMPACT Funds to pay for the pavement evaluation services will be charged to the various projects in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: _ ,, James G. Ross Executive Director Public Works Agency r~3 Francisco Gutierrez Executive Director Finance & Management Services Agency 251-2 SECOND AMENDMENT TO CONSULTANT AGREEMENT THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered into on November 17, 2008, by and between LaBelle Marvin., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement A-2004-154, dated August 2, 2004, (hereinafter "said Agreement") by which Consultant has provided pavement structural evaluation services on an as-needed basis. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services, to more clearly define the testing which will be provided, and to add compensation to pay for continuous pavement evaluation services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to replace the description of the pavement analysis process set forth in Consultant's Proposal, with the processes set forth in Exhibit A-1, attached hereto and incorporated by reference to said Agreement.. 2. Section 2.a., COMPENSATION, shall be amended to add $200,000 for a total amount not to exceed $400,000 during the term of said Agreement. 3. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. // // // // 251-3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Consultant Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager LABELLE MARVIN STEVE MARVIN President 251-4 EXHIBIT A-1 SCOPE OF SERVICES ~¢¢cttori ~nt.~ at¢ritafs ~~n~~sti~c~tit~n G'O~L 1~ icltl Si rvircti t';s,,•r-st~nt i?rvfic~lott {~+lrctr;;th~ "I't~•ti,r~; :~ltttt; l~.~ititn~; kitkkttlr~`~t~s° • ;tiorr-tlcstt•urti~°r pavertrtat c!s•t~<cti+sn tl€ata ~;Is:sil }se l;atheretl f~•atrs thr right +r.~ltrcl path al cxa~*!t thrtau~tr tr;~~=elect !an€ nt sei€ct interr~;rls t,,rsc*cl uparr rc,ad»a~ Irnt;th to clrtanc prrsrn€ raas34s;rt, strc nt;th. • :cce~i~c•€ct ~trens~tl:~ ~c°ill bt tt~sca~urc•ti utilirin~; thr J1[~`±; ~"aiii,s~ '4~eit~lst 1)cflecta,~xtrtc°r, in,i3~,sir,~ A ~c•rie~ ,ri'9.t)El~l;') aurr~ laasI~ p~s• {:alifarnia'1'rt ~letlctrcl lift. ti~ Data sit>tarned N"rll ~f.'. ~"t~t#tlllr#t at tt`It ~ ittl 51'lltiOr llTC ltt1lf tta sp~<tccd t~" to 12" an rrntrr at+eaclt teat ly+>is-t ctvtitri„~ tlsi pay°c~rttcnt drltcrtic,tr l~:csisr under lc,acti,s„;, ., 1isu.il pxscnsent cc>ntlltiasts ztnetr`crr cli~itrrs~+, rra:~s streets, preseucr ar alreznc of cant encl. ~;uttsrr, crttcl c>ttsrr t;crrlr r ltsrrti~atians shat! lrc darut-tcrstrd~ J C'arrrlatitrg d~sta will inclnetr pa~•€rrsrest ~;urfarr ternprs•scts,re and C~l!~; spatial loratiacr at rarh test point. ~> l irid data cultc:6ttd slcatt I>r returtrc:d tt, e,ur tsl'lrr 1'ar• {•„r„putrr me>clelin attci anal~~sis9 Yap°in~+en€t Ctkr,t+ ~an~~tin~; ~ritttitt l~:xistitk~ Rttatlivtt • 1.a13rlle ;"t~lar4~°ita t4°ill t-~tctin a 'tiff F•re ~;strrc~ssrhst~ent t'grrn9t fresrra thr C`itti• l'if rerluirectl, a~herln#~ to tfir ('"itk rrycrirentcrrts far 1`raftir Central, hours cjfope,•aticarts, ntawthc>ct of patchir,l;, etc. • lteprryrrstatikreore sars,plc~ lacatiarrs » ili tsc• wriertccl ntac-keel csrr the psa~rnte,tt surtaee and Lttderrouttd S~ r l isc ~t4,°t nc>ti~trl t<t :s~ui,t cc,rtltict ~~ith lsurlicl s,tiiitl~s, • Care anrtstc l€,catans mvill lar relacatc~i i~ Jsirh is,s~o interf`er€ li ith !star it'tl .iiJrrs c,r piptti, C`orlrr~ and suhsuefstce sanrtplln~ w ill be perfcrrt~ted at pr,~-tip t<~:c~•~l Inratc>ns tc> deternxinr the. thirknc~ss of tare ecictissk; structt,ra3 scrtuan inrlctclin~ hat rsut tin~itrc3 to asphalt. runercte la~•cr{s~, 251-5 fort#and rrnrrnt caurretr ia~°er{s} if :rn~, and +t;~„rc „;~~te Erasr la~,~er, if and°. • (ltrrin#:s Ertl tart cxlwnc#ec1 extc~rxd tier a n~rtxirxrurn Error' (~'1 t`ofrt depth front the surface to otrtrritt truti sartr}aie:s of the trnc#crt;-zn; suErl;rad€w gaits. • #3uEle <utrt;rat#c soli sanrp#e~ e>"°iEi tre piarrd in pia'~lic t~a~~~, crtec#, xnd transported to ottr la#>aratorv fdr further trnal}°sis. • I:rr#3rttc ~t:rr~ }n, !nr„shalt prcrvidt traffic cerntro# arc#ettta;rte trr prerlert the tt•a+eEinl; puEriic and work far+ee, cans}strut ~s~ith the I<,ncraachntent t"ermit r~uirenients. • f1,tt sampEr loraritrns tivill he trACkftiEtd aria }?atct,cd isr acrtra-c#unrc with t;ne"rcrrrritrnerrt Fr:rtnit rc~~tuiretnents prior to Eea~ inl; lire rite- t_a~crrattrr~ "1"cstr'i • #3trti 1trt3;rade soil sarrrpEes.+ili #rc ~isua#I~ rt.~.itic<l acrd t#tr irr- situ rrr„i,turr~ r°arrtrnt t#etermincr# [[pert, +ct~ipt in tt,i t<rt~+,c'.it<,r;. #tc~~r~°si ~rf:~ii~c= srr~~raei~ sanrpicfs~ 3~'i]} t~4 tc tecit~t3 xnd ta~rc;ai`r~r° Et-'4"srluc strrn;;th anci aid in defittin~ the tnra,t trrcrtratrl€~~, t~,n;~ tc~rnr maistttrr runddittatts folEtrw~in<ri canstrcertion. ~nt;ixti~erin~; ~txe~ices • Perform site. re.rernnaissunre, .: cortrpfire tiettE ronditicrns ~ iih measured. pa~'rnteni strengths c#eterm}ned during; tteftertian testing. _~ ctrntpare fic#d rattditions v~ith thirkne~s deta crtrtzrinetl dur•in~ rare srzrnlr#iu~?. ~a rastrpar•r i~r#d ccrnditi~7n, ~~}t1~ rcrnrpanent zrnsatysi~ lr,,sed an tabtrratal`~°,~~t,};r.,tlc ~rrrn;,~th tc tiny;. • #>ata deset4rped during; ~-[slur te~tin~ ~riil Ere. ttrilirix} t{, nrnject lrrahaErtc~: iic~tt# support etrnt#itions dua•i~i*,; cor~titr~racri<,i, ,ncl hi};hli~hr s~he•rt~ x~pprapriate speci~i +~ax r ma-~ t~• a ec},rir~d ctsrri»} rcr;rdw,rr trr•r~},:rr•srtion. • t";~aluat}crn of the pr°esertt psrticnyetrt ttrirktressrc trtita~n,;; romptrnent ana#t~sis r~ith !t;-taiue strength data[ rri#! Ere rrrrrrhittrit 251-6 ~~itit fuinrc tra3'fie esiitn;ai+~s {"T ~~a~l'~e it~€its pr€>+ic3~•<l hG~ City} fi>r desi;n anti cievclaprne~t of auit:tbie :€lter.ttis c• rc ~flaee nic~nt seetitrns. !^-i€•Icl 1tr~c,~g;t (dctieci~n) €iaiti ~hifii he rt•~ is+ti zd far esiai~l'msiri~~~ rci-reu•~etati~~ax statistical car~tpl€: linfii4 (fi(ttie t~crc€~ntiic tiefectian) ante snail include: ~~ "i"ai>ulat{an afaii drficct~tn naeasur•zmenis at ul(sensurs at each tc i iatatiana c~ i~.quisaient't`ravclin~ 1)ef~ectonae#cr tlelleciit}tt ~•aiue at the laa€iinl; paint» ,1ti ~el€i nrries iar~xtinl; ertass sheets, pertinent latt€ln~aris, ~ci€i ea€tclitictr~s, et€. ;-~ i'a~ entent surFace ter~tir€>ruture nxeusuretnents ail €ach test. iueatian. c3 {:;it-lt~i l'nsiti„n ~i,st€ni {{r~l'~} spatial tlxrta eart-espt~n€iinl to cash test t+~eatiun» ~'intil ~tey~nrt 'i`hc i~inal Itepart Dili irtelude: • ,~`!i( data dc1ciaprd durint; the imcati~;atitrn. ~- '+trtfetursti :rn~~l} sis with alternate rchal7ilitatian recanf ntenti~ t i+,n.» • lteliiacemeni ~t•riit-n r€:errnsn~enclatitans f«r zart~as a1` recunstrueti€~n. • ,ill .erg°iecs wilt be superF~isetl h~ C"i~ ii F:n{;ineer slx~ciaisrin.~ n the esalnatun anti tlesil;n €rf iaa~•c~r~ent s~st€:tns anei {#e•~;i.tercct Cn fire 4#ate ufi{:'alli~r~tiu. ~~ • ~1~~ 251-7 ~) 1'rtar' rta initiati+rrn raf ~elrt ze+~tis itit~ a rrr,-cn~f larprmit will lae tahtstirr~•rl frtanr the C.`it~'. ~ianetale ltac,etlcarr~; e-ill tae rtaarl,ect and l.nrferl;rcaeanri `~rrrsct .~lcrt ceantactexl t~ n€atii~~ ctarrrcr'neti rrtilities. ~.arnple ttrcatiurrs which rru~ i~ntcrfcre with buried littcs err ~itaes rv°ill iac relcresrtect, ~~ C'or•int; aerect bcarinl; ,'till tae perfcar-mcd at select relarestiretati>r~e lcac:atictns„ l3tarire~s will lat c~>tetrtletl a taaaixirnetna rletatte taf frrur {~') fret frcaraa rFre t~trrl`:ace tea cabtaira serve{ales taf the ticrbt;rurtc, Sartrplc:a silt lac plsrced iat plxtir tams„ st?~ted, ttnet trtarts~trrtcd tea our labtarattar°~~ fear frrrther ovals°~i~. t't itar tfa teue9tr~ fihc site. ;ttt atnrptc• IacAtcans x~ilt be backiilled ~rtcl t>atclr~ct, l,ti3elle "vlarvtn, ttri~.. sttatl Carta. itle trseffie rrantr~l acleyrtate t~+ ~rcrtcet the trit~~tirr~„ ~uhtie aztd wtrrlC Puree. .~) Lits~n recci~t ite flee labcaratur•r~, saraaples Witt tae r~isuatty- cla~ifiecl xrecl the iu-sitct neceisture ccrnterrt ~f esefi detcrminect„ tnefi~~iduat ,rnti~or et;rn~atasite saraa}aEr~~til milt trc ~elerctcd aced sabjcetcc# to It-~"aloe cteterreeiteatisara i~,~r use i;ta structur:et sectean dect;ra. :lstabalt s:eneplcs a<sitt lae creashecl area rttitt•rl «ith the srtil ~carnf3tcs, Ceneenf trc~ted szemples will he fabrCreted rrt tlerct (? {acrcentx;cs of cement, after trurint;, tanconlirtcd ceantressiau ts'jtira ; a+it1 tae ~crformecl Tarr thx: srenetales. } ~~ !tc¢;islerecl C'i~tl ~`rrt;ia=er shstlt supcRt~~~ise ail arti~'ities, a c~3 i.•~t rt,r,1~. +ti'tr~rira~, erect prelaa~rc a reparrt of leis fintlin~s, tsresentin~ ~trttcitarat scctiun rcctrntenclsrtiraus free r•etrrttailttatican utiti~in~, pul~'eri~xtiare anti cerrtent r r•eai neeae t„ ~~ +~ a~1'r~~ 251-8 (~rus~ied ~In-~uc~ Iec~?cC~ t~~p~ l ~ Pt•ior tr> initiation r~#` Feld aeti~~itie~ sample locations «'ill lae nr:srlierl and lnder~rr3rrnd Ssr~~iet ~~lcrt contaeterl and infortned n(sxniple locR~tir~ns. ft `no cyst' permit ~°ill ter retained frtrn~ the t;it~° if' retlulrerl, 2} ~'orinl; will lae pr:rt'r-rrtrt:d at srlcet at apprr~ximatelw ~5i1` ixrfier`~~als nrr desil;rrat€~cE roarlw°ax s to determine ttrr~ ihirkness of tltc esistin~ structural sertior~ {asphalt concrete and srkl;rcl;ate lrasr, if`l~rescnt}. :# sarnpir of the sirh~radc will tre obtained and r,nis~raily ident~i~ed +~yith a comment on the moisture appearance. `1'Irc sulrl,;rade sarnl~le tiiill he placed in a sealed plastic lral; and returned to the lal~orator~ Crrr a pcrir~d of ihirt~ {3{l) rla} s should tltc: City request that actual iri-{zlaee nroistrrre e+anclitiona of the sail Ise drterrniric~cl, 4j ;~ lctl of tickuc~s misi~t,i•enrents and s°isual r~Frysera €rtiaaxr5 Mill 1>e ltrraaarerl and suk~rrtittcd t~> the C'it~~. ~~ll'.~t' ~ 1~''! 251-9 251-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: AGREEMENT TO PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER-RELATED ISSUES ' / CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 'I 51 Reading ^ Ordinance on 2"`' Reading ^ Impleme:nting RE;solution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with the Municipal Water District of Orange County subject to non-substantive changes approved by the City Manager and City Attorney to provide water-related educational services to Santa Ana schools for a one year term, with the option to extend for a second one year term in an amount not to exceed $30,000 per year. DISCUSSION The City has been offering a water education program to Santa Ana schools since 1996. This program has been developed and made available to kindergarten through high school grades through a contract with the Municipal Water District of Orange County. The program consists of visits to the schools to give presentations, complete with visual aids and handouts. The program has been recognized for excellence, well received by the schools in Santa Ana, and is a recognized component on the list of best management practices for ensuring acceptable levels of water conservation. To continue providing this excellent program to all schools, staff recommends that $30,000 be approved for a one year period for funding of this program, with the option to extend for a second year. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25J-1 Agreement to Provide Educational Services to Santa Ana Schools November 17, 2008 Page 2 FISCAL IMPACT Funds for the present fiscal year in the amount of $30,000 are available in the Water Quality and Measurement Fund (account no. 64- 578-6251) . APPROVED AS TO FUNDS AND ACCOUNTS: utive Director is Works Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ~i 1 25J-2 AGREEMENT TO PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER-RELATED ISSUES THIS AGREEMENT, made and entered into this day of , 2008, by and between the CITY OF SANTA ANA, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the MUNICIPAL WATER DISTRICT OF ORANGE COUNTY, hereinafter referred to as "MWDOC". WHEREAS, the CITY desires to obtain, and MWDOC desires to provide, educational services to Santa Ana schools on subjects related to water; NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein contained, the parties hereto agree as follows: SERVICES TO BE PROVIDED BY MWDOC A. MWDOC shall give notification of its offer of water education services to all schools serving grades one (1) through five (5), both public and private, within the city limits of Santa Ana, at least one time per year. B. Educational services offered by MWDOC shall include, but shall not be limited to, teacher training, classroom and assembly presentations, science fair exhibits, films and slide shows, student workbooks, and teachers' guides. C. Educational programs provided by MWDOC shall include, but shall not be limited to, the current and future supply situation for the region and for the Santa Ana area, water distribution and treatment within Orange County and Santa Ana, water conservation, new technologies and information supplied by the CITY about its water utility. D. MWDOC shall supply trained education specialists through Discovery Science Center to plan, organize, and conduct water education programs. E. MWDOC shall supply classroom materials, e.g., workbooks, slides, and films. F. MWDOC shall provide the CITY with monthly reports specifying which schools were visited, what activities were done, and the number of students participating in the program. 25J-3 2. SERVICES TO BE PROVIDED BY THE CITY A. The CITY may provide supplemental information from its water utility for distribution to teachers and students. B. The CITY may provide tours of Santa Ana water utility facilities in coordination with MWDOC's program on request. 3. COMPENSATION TO MWDOC A. The City agrees to pay, and MWDOC agrees to accept as total compensation for services and materials rendered pursuant to this Agreement, the rate of $4.10 per student participating in the educational services program in the 2008-09 school year. This charge is subject to change for subsequent school years. A revised per-student charge for the 2009-10 school year shall be provided to the CITY at least ninety (90) days before the end of the term specified in this Agreement. B. Full and complete payment for all services provided in accordance with this Agreement shall not exceed $30,000 per year. C. MWDOC shall invoice the CITY semi-annually in January and June, and the CITY will pay the full amount due on an undisputed invoice within thirty (30) days of receipt of the invoice. 4. TERM A. This Agreement shall become effective on July 1, 2008 and shall continue for a period of one year. The parties may mutually agree, in writing, to renew this agreement for an additional one-year term. B. The CITY or MWDOC may terminate this Agreement upon giving thirty (30) days written notice, as provided in Section 9 of this Agreement, to the other party. C. In the event of termination, the CITY shall pay MWDOC for all services performed in accordance with this Agreement up to and including the date of termination. 25J-4 D. In the event of termination, MWDOC agrees to deliver to the CITY all reports called for in Section 1(F) of this Agreement within thirty (30) days. 5. INSURANCE A. The performance of MWDOC's services hereunder shall be in the capacity of an independent contractor and not as an officer, agent, or employee of the CITY. B. Any and all of MWDOC's personnel shall be employees, agent, or subcontractors of MWDOC and not employees of the CITY, nor shall the employees, agents, or subcontractors of the CITY be deemed employees or agents of MWDOC. C. Neither the CITY nor MWDOC shall have authority, express or implied, to perform any act or make any promises, representation, or commitment which would be binding upon the other. D. MWDOC shall provide Workers' Compensation insurance for its employees as required by California statutes. E. MWDOC shall provide the CITY, upon request, certificates of insurance for Workers' Compensation and general liability covering its performance pursuant to this Agreement. MWDOC shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital statue, national origin, ancestry, physical handicap, or medical condition. 6. INDEMNITY Each of the parties agrees to indemnify, defend, and hold harmless the other party, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of or in connection with the provision of MWDOC's services under this Agreement, resulting from the willful or negligent acts or omissions of the indemnifying party's officers, agents, employees, representatives and/or volunteers. ENTIRE AGREEMENT 25J-5 This writing constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all oral or written representations or written agreements which may have been entered into between the parties. No modification or revision shall be of any force or effect, unless the same is in writing and executed by the parties hereto. 8. COMPLIANCE WITH LAWS All services performed by MWDOC pursuant to this Agreement shall comply with all Federal, State and local laws and regulations, including those of the CITY OF SANTA ANA. 9. NOTICE All notices pursuant to this Agreement shall be given in writing by personal delivery or sent by U.S. mail, postage prepaid, and addressed to the parties as follows: Mr. James Ross, Executive Director City of Santa Ana, Public Works Agency 20 Civic Center Plaza, Ross Annex Santa Ana, CA 92701 Mr. Kevin P. Hunt, General Manager Municipal Water District of Orange County 18700 Ward Street Fountain Valley, CA 92708 Notices personally delivered shall be deemed communicated on delivery. Mail notices shall be deemed communicated 48 hours after deposit in the U.S. mail, postage prepaid and addressed to the indicated above. // // // // // // // // // 25J-6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date hereinafter respectfully se forth. CITY OF SANTA ANA, a Municipal Corporation of the State of California David N. Ream City Manager MUNICIPAL WATER DIST T ORANGE CO K vin P. unt General Manager ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney APPRO S TO FOR Dan Payne Legal Counsel RECD MENDE OR Ja es G. ss, E ec P blic Works Agency 25J-7 25J-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: AMENDMENT TO AGREEMENT FOR TEMPORARY ENGINEERING AND TECFIIJICAL SUPPORT SERVICES CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"~ Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO CITY FILE NUMBER ~tECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an amendment to the consultant agreement with PDS Technical Services for temporary engineering and technical support services in the amount of $150,000 for a total agreement amount not to exceed $300,000 subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION In November 2005 the City Council approved an agreement with PDS Technical Services for temporary engineering services. These services will augment services provided by City staff and are required to complete the design of the City's Capital Improvement projects due to funding deadlines. PDS has been providing temporary staffing for several key positions in the Public Works Agency. Staff recommends approval of an additional $150,000 to assist staff with the completion of projects funded in the Capital Improvement Program. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The proposed amendment will have a limit of $150,000 for a total amount of 25K-1 Temporary Engineering and Technical Support Services November 17, 2008 Page 2 $300,000. Funds to pay for the Design Engineering services will be charged to the various projects in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: ames G. Ross Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25K-2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on November 17, 2008, by and between PDS Technical Services, a California corporation ("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 parties entered into that certain Agreement A-2005-, dated November 7, 2005, (hereinafter "said Agreement") by which Consultant has provided on-call technical and engineering labor services. B. In accordance with the terms and conditions of said Agreement, the parties wish to continue providing services pursuant to said Agreement and to increase the compensation to pay for the services provided. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "a. Consultant shall provide temporary engineering and technical services on an on- call basis for the Santa Ana Public Works Agency. Said service shall be provided at the written request of the Executive Director of the Public Works Agency." 2. Section 2, COMPENSATION, shall be amended to increase compensation by 150,000.00 to pay for services, at the rates and charges set forth in Exhibit A to said Agreement, during the extended term. The total amount to be expended pursuant to said Agreement shall not to exceed $300,000.00. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. // // // 25K-3 1N WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and yeaz first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager PDS TECHNICAL SERVICES DJENGLERT Branch Manager 25K-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: AGREEMENT ~iITH GROUP, INC. THE PETERSON CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15i Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO ~~~~._-- ----~ FILE NUMBER MANAGER 'RECOMMENDED ACTION Authorize the City Manager attached agreement with The public education services California Edison Energy exceed $390,000 subject to Manager and City Attorney. DISCUSSION and the Clerk of the Council to execute the Peterson Group, Inc. to provide marketing and to the Public Works Agency for the Southern Efficiency Partnership in an amount not-to- non-substantive changes approved by the City On November 5, 2007, the City Council adopted a resolution supporting an energy partnership with Southern California Edison and executed an agreement to deliver energy efficiency information and educational programs in 2008 to promote energy efficiency initiatives and policies that enhance our environment. Professional marketing and public educational services are currently required to develop promotional materials for distribution to the public. The partnership staff, comprised of Edison and City members interviewed two marketing firms. The Peterson Group was chosen based on their experience in developing public education materials and experience working on municipal programs. The Peterson Group will develop a partnership logo and create and deliver an Energy Efficiency Program Kit to approximately 41,000 residences in the City by the end of the calendar year at a cost of approximately $145,000. The City has received preliminary approval for the upcoming 2009 partnership cycle. Once finalized, approximately $250,000 can be spent in each calendar year to develop additional public education materials. Staff is recommending a 14 month contract with The Peterson Group at a not to exceed cost of $390,000 to develop program information and energy 25L-1 Agreement for Marketing and Public Education Services November 17, 2008 Page 2 efficiency public education materials through December 31, 2009. Each project in 2009 will be developed and approved by the City. Expenses for public education and marketing services will be reimbursed by Edison through the partnership. FISCAL IMPACT Funds to pay for the public education services will be paid from the Public Works Administration account for contractual services (account no. 101-601-6291) and subsequently reimbursed from the Partnership funds. APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Management Services Agency ~- 25L-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 17th day of November, 2008 by and between The Peterson Group, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RF.CiTAi.S A. The City desires to retain a consultant having special skill and knowledge in the field of marketing and public education. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall create and deliver marketing and public education services for the Santa Ana Energy Efficiency Partnership, as set forth in Exhibit A to this Agreement. The Parties anticipate that additional funds will be made available for additional Energy Efficiency Partnership marketing and educational projects. If such funding is made available, future projects may be approved, in writing, by the Executive Director of Public Works or his designated representative. 2. WARRANTIES -OWNERSHIP -WORK FOR HIRE Consultant warrants and represents that it has the absolute right to enter into and perform this agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant's performance hereunder, including all suggestions, ideas or other contributions to the Project, and the resulting works, including without limitation visual concepts, logos and slogans, that result from the Project, shall be deemed "works made for hire" as defined in the United States Copyright Act, and City will be deemed, as to the creation of such work, the sole and exclusive author thereof. To the extent that any portion of the works from the Project is determined not to be a "work made for hire", then Consultant hereby assigns and transfers to City all worldwide right, title and interest in and to 25L-3 such work and shall execute any and all documents reasonably necessary to effect or evidence such assignment and transfer. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $390,000.00 during the term of this Agreement. Consultant acknowledges that $250,000 of the total funding for the project is contingent on CPUC approval. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2009, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 2 25L-4 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25L-5 7. 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 health, 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 proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25L-6 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M-21) P.O. BOX 1988 Santa Ana, California 92702 Fax 714- 647-5069 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Consultant: Alan Peterson, Jr. The Peterson Group, Inc. 180 Newport Center Drive, Suite 270 Newport Beach, California 92660 Fax 949-721-8434 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 5 25L-7 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 25L-8 15. 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. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. /// /// /// /// /// /// 25L-9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager THE PETERSON GROUP, INC. ALAN PETERSON, JR. President/CEO Employer ID # or Individual SS # 25L-10 ~. 'k ; . f3, ~ ~ ~ E' 1 t~ EXECUTIVE SUMMARY EXHIBIT A f j , ~ S ~ c~ ~ ~ ~ a 1 A~ ~Cj e''~: ~:'t ~ The Peterson Group (TPG) has been engaged by the City of Santa Ana (City) in partnership with Southern California Edison (SCE) to develop an "Energy Efficiency Partnership Program Kit" and distribute these kits to each single family household by the end of this year. TPG will develop the Energy Efficiency Kit program and its components and coordinate and manage the production and distribution. The City and SCE are seeking to take a leadership role in the move toward energy efficiency and conservation. The program's goal is to reduce consumption of electricity among Santa Ana residents and businesses by promoting the cost, convenience and environmental benefits of products and practices that promote energy efficiency via an effective public education program and activities. The Energy Efficiency Program Kits will serve as an opportunity to raise awareness and encourage participation. Kits will be delivered to approximately 41,000 single-family homes in the City of Santa Ana. PROGRAM COMPONENTS The recommended Energy Efficiency Program Kit would consist of the following components: • Discovery and Strategic Conceptualization: TPG will conduct situational discovery, strategy development and tactical planning for the program to determine the Partnership's specific needs, goals, benchmarks, expectations and budget. • Visual Concept/Logo/Slogan: Development of an overall "look at and feel" (color scheme, fonts, image, style, etc.) as well as a dynamic logo and memorable slogan for use on all program-related materials. Ongoing communications, including strategic in-person consultations and presentations - as needed -will facilitate the development of powerful visual and messaging elements that can support the campaign throughout its entire lifecycle. • Recyclable Bag: A branded bag with the Energy Efficiency Program logo and slogan prominently displayed. One-color and two-color option. TPG will source a creative solution for a recycled content plastic, paper or content bag that will further theme the "green" and "conservation" effort of the overall program. The bag will hang from the door of resident's home and contain a number of promotional items, including a CFL, nightlight, magnet, sticker and informational brochure. • CFL: Individually packaged CFL in a branded box that features the Energy Efficienry Program logo and slogan to promote immediate adoption of community energy reduction. Magnet: Development of a magnet that may be in the shape of a CFL. The magnet is a fun way to promote the program and key contact information and can easily be displayed in homes and businesses. 9 25L-11 Sticker: Development of an eye-catching sticker that promotes the program and includes the program logo and slogan as well as a contact number for further information. Stickers could be vinyl with non-permanent stick surfaces so that they could be moved at will without leaving adhesive damage. • Brochure: Development of a 6-x-9-inch, four-color tri-fold brochure that tells the Partnership story in an emotionally compelling manner, explaining its goals and describing the role residents and local businesses will play in its success. Designed to engage target audiences and promote program adoption. Fact Sheet: Development of a one- to two-page document that describes the City of Santa Ana/Southern California Edison Partnership and provides essential background information to both internal and exterior audiences. Fact Sheet information could include the program's official name, mission statement, principal objectives, key contacts with email addresses and phone numbers, times and locations of scheduled events, etc. 25L~ 12 PROGRAM INVESTMENT SUMMARY TPC RFaTCO~ S~QICES 1=0R 1~FVE.I.OPI-dBNT ©F PI~GB RANGE. 'rxB ExE1tGY EPFICIErrC1' PRC)cia SrTS DISCOVERY AND PRELIMINARY PROGRAM $4,000-$5,000 DEVELOPMENT: TPG will conduct situational discovery, strategy development and tactical planning to determine the Partnership's s ecific needs, oals, benchmarks, ex ectations and bud et. VISUAL CONCEPT/LOGO/SLOGAN: Development of an $7,000-$8,000 overall "look at and feel" (color scheme, fonts, image, style, etc.) as well as a dynamic logo and memorable slogan for use on all program-related materials. On-going communications, including strategic in-person consultations and resentations - as needed. BROCHURE(S)*: Development of a brochure that tells the $4,000-$5,000 Partnership story in an emotionally compelling manner, explaining its goals and describing the role residents and local businesses will play in its success. Designed to engage target audiences and promote program ado tion. MAGNET(S)*: Development of a magnet that could be in the shape $800-$1,200 of a CFL to romote the ro ram. STICKER(S)*: Development of a program sticker to promote the $800-$1,200 ro am and disseminate ke contact information. FACT SHEET: Development of a one- to two-page, 8.5 x 11 $2,500-$3,000 document that describes the City of Santa Ana/Southern California Edison Partnership and provides essential background information to both internal and exterior audiences Estimated Total Investment for TPG Services: $19,100-$23,400 BSAT~p PAt?DU4"1'~oP+T COSTS F€aR ItE(~QMMENDED ENF,BCi]t F33TIMA'I Ei3 PItICB EFFIGtENGY PIL(!!G$AA~ 1~Y'I' CAMPONENTS BAG(S): Recyclable, branded bag with the Energy Efficiency Program $14,000-$18,000 logo and slogan prominently displayed. Range reflects one-color and two-color o tion. BROCHURE(S)*: 6" x 9", tri-fold in four-color. Paper stock is FSC $7,000-$7,500 certified with a minimum of 25 ercent consumer waste content. MAGNET(S)*: Printed on recycled paper. Range reflects one and $10,000-$12,000 two color o tion. STICKER(S)*: Static cling decals to adhere without adhesive to $3,500-$5,000 smooth surfaces. Ran e reflects one and two color o tion. **CFL(S): Individually packaged CFL in a branded box that features $55,200 the Ener Efficienc Pro ram to o and slo an. Estimated Total Investment for Printing Services: $89,700-$97,700 11 25L-13 $82I~ATBD A$SILY' AND ~}I$T$'~BUTIUN Cosx'S F(5~ LNY F4STI~dATBD PRICId EF1wTGIENCY PB~M+OrTTON ANTI SIT9 ASSEMBLY: Assembly and final boxing of 40,000 Energy Efficiency $12,000-$17,000 Pro ram Kits. DOOR HANGER DISTRIBUTION: Door to door delivery of $14,000-$18,000 40,000 Energy Efficiency Program Kits. Estimated Total Investment for Assembly and Distribution $ Services: $26,000-$35,000 F.,~TIh/ATBn TOTAL PR4GRAA+I IN1riENT FUH ESi'tlTBH I'BICE ENE~tGY SFlrICIENCY PROGRAM DEVBLOPM~?NT, PRUDUCTI©N wNp I?ISTRIBITfION Estimated Total Program Investment: $ $134,800-$156,100 ~I'hese tools could be adapted to promote subsequent Enemy E~czency programs and events. ** Pricing shown is provided by Edison. TPG will seek and propose to the City optimal products fmm its sources to optimise pricing and program ~ectiveness. Therefore, TPG may be able to reduce these prices by using alternative sources. Pricing is based on preliminary concepts. Estimates will not exceed the range shown, or a specified "not-to-exceed cost, "without the approval of the City of Santa Ana. The program components and concepts are subject to change pending further discovery and strategic conceptualization to maximize program effectiveness and City approval Category Rate Account Coordinator $ 130.00 Administrative Su ort $ 70.00 Chief Executive Officer $ 342.50 unior Co riter $ 130.00 unior Gra hic Desi ner $ 130.00 Pro ram Mana er $ 152.50 Proofreader $ 107.50 Senior Co riter $ 185.00 Senior Gra hic Desi er $ 185.00 12 25L-14 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 13 25L-15 14 25L-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: AMENDMENTS TO AGREEMENTS FOR ON- CALL ENGINEERING SERVICES FOR WATER AND SEWER PROJECTS / / CITY MANAGER ~tECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15i Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute amendments to the agreements with Tetra Tech, Inc. and Psomas Engineering for water and sewer engineering services in the amount of $200,000 for each firm, for total contract amounts of $500,000. DISCUSSION On July 17, 2006, City Council awarded contracts to Psomas Engineering and Tetra Tech, Inc. to perform water and sewer engineering services on an "as needed" basis. Each contract was for $300,000. To date, the City has completed design and began construction on over 70,000 feet of water and sewer infrastructure improvements having a value of nearly ten million dollars. There is currently $65,000 remaining in the contract with Psomas Engineering and approximately $45,000 remaining in Tetra Tech's contract. Staff recommends that each contract be increased by $200,000 for a total not to exceed amount of $500,000 for each firm. Both these firms have done an excellent job and have responded quickly and effectively to the City's needs. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25M-1 Amendments to Agreements for On-Call - Engineering Services November 17, 2008 Page 2 FISCAL IMPACT Funds are available in the Water Utility Capital Projects Fund (account no. 66-579-6635) and the Sewer Connection Projects Fund (account no. 55- 532-6631). APPROVED AS TO FUNDS AND ACCOUNTS: s ss Francisco Gutierrez utive Director Executive Director lic Works Agency Finance & Management Services Agenc~ 25M-2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on November 17, 2008, by and between Tetra Tech, lnc., a Delaware corporation ("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 parties entered into that certain Agreement A-2006-177, dated July 17, 2006, (hereinafter "said Agreement") by which Consultant has provided engineering services. B. In accordance with the terms and conditions of said Agreement, the parties wish to increase available compensation to allow continued provision of services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 3, COMPENSATION, shall be amended to increase compensation by $200,000.00, to pay for additional services, as set forth in Exhibit A to said Agreement. The total amount available for services shall not exceed $500,000.00. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager TETRA TECH, INC. TOM EPPERSON, P.E. Divisional Vice President 25M-3 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on November 17, 2008, by and between Psomas, Inc., a California corporation ("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 and Psomas (previously known as Daniel Boyle Engineering, entered into that certain Agreement A-2006-178, dated July 17, 2006, (hereinafter "said Agreement") by which Consultant has provided water and sewer engineering services. B. In accordance with the terms and conditions of said Agreement, the parties wish to increase available compensation to allow continued provision of services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 3, COMPENSATION, shall be amended to increase compensation by $200,000.00, to pay for additional services, as set forth in Exhibit A to said Agreement. The total amount available for services shall not exceed $500,000.00. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager PSOMAS, INC. THOMAS B. HOOKER, JR., P.E. Vice President 25M-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: AGREEMENT WITH CROSSTOWN ELECTRICAL & DATA, INC. FOR CITYWIDE COMMUNICATION AND CCTV SYSTEMS MAINTENANCE AND SUPPORT SERVICES / -CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"`' Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached two-year agreement with an option to extend the contract for one additional year with Crosstown Electrical & Data, Inc. in an amount not to exceed $50,000 per year, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Traffic Management Center (TMC) is a computerized traffic signal system that controls all traffic signals and Closed Circuit TV's (CCTV) in the City. This system utilizes twisted pair cables, fiber optic cables and other methods to provide communication between the TMC and field equipments. These communication systems require routine maintenance and emergency repair due to malfunctions or damage occurring during construction. City staff and our current signal maintenance contractor do not have the expertise and equipment to perform these specialized services. Crosstown was one of the original contractors that installed the City's communication system. They have been performing repair and maintenance of the system for past ten years. Based on the City's experience with Crosstown, staff considers Crosstown to be the most qualified maintenance company to perform the required services based on their knowledge of the City's communication systems, their experienced staff and the exceptional services they provide. The rates charged by Crosstown are very competitive in the industry. To ensure that costs are minimized, all work will be specifically authorized by the Public Works Agency staff. Based on these circumstances, staff recommends an agreement for maintenance and operational support with Crosstown for a period of two years, with a provision for a one-year extension by mutual agreement. 25N-1 Agreement with Crosstown For Citywide Communication and CCTV Systems November 17, 2008 Page 2 $NVIRONMSNTAL IMPACT In accordance with the California recommended action is not considered environmental documentation is required. FISCAL IMPACT Environmental Quality Act, the a CEQA project. Therefore, no Funds for communication and CCTV systems maintenance and support services in the amount not to exceed $50,000 for Fiscal Year 2008-09 are available in the Public Works Agency account for other traffic signal maintenance (account no. 29-621-6271). The remaining contract funds will be included in the proposed FY 09-10 year budget. APPROVED AS TO FUNDS AND ACCOUNTS: L C ~G ~k~ James G. Ross Executive Director Public Works Agency ~~~ttL L~~ ~ 'Y o Francisco Gutierrez Executive Director Finance & Management Services Agency 25N-2 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 17th day of November, 2008 by and between Crosstown Electrical & Data, Inc., a California corporation (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of maintenance and repair of CCTV, Communication Systems, CMS, TMC equipment, twisted pair and fiber optic cables. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide on call maintenance and repair of for the Santa Ana Traffic Management Center (TMC), including CCTV, Communication Systems, CMS, TMC equipment, twisted pair and fiver optic cables, as set forth in Exhibit A to this Agreement. Said services shall be provided on an on-call basis, upon the written request of the Executive Director of Public Works or his designated representative. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $50,000.00, per year, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 25N-3 3. TERM This Agreement shall commence on the date first written above and terminate on November 15, 2010, unless terminated earlier in accordance with Section 12, below. In order to provide uninterrupted service, those services provided at the request of the Executive Director of Public Works since October 3, 2008, shall be included within the Scope of Services of this Agreement. The term of this Agreement may be extended for an additional one-year period upon a writing executed by the Executive Director of Public Works and the City Attorney, for City, and Consultant's representative for Consultant. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against 25N-4 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 provides professional services, such as architect or engineer, it shall submit 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 Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, 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 proceeding. 25N-5 7. CONFIDENTIALITY [f 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. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of the Public Works Agency Traffic Engineer City of Santa Ana 20 Civic Center Plaza (M-43) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5616 4 25N-6 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Crosstown Electrical & Data, Inc. David P. Heermance 5463 Diaz Street Irwindale, California 91706 telefacsimile (626) 813-6604 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 25N-7 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall 25N-8 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: CITY OF SANTA ANA PATRICIA E. HEALY DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CROSSTOWN ELECTRICAL & DATA, INC. DAVID P. HEERMANCE Regional Director Tax ID# 7 25N-9 EXHIBIT A September 24, 2008 Mr. Vinh Nguyen City of Santa Ana Public Works Agency,M43 P.O. Box 1988 Santa Ana, CA 92702 Dear Mr. Nguyen: Per your request, following is a proposal to provide on-call troubleshooting, repair, splicing, and consultation service for network equipment at the TMC, Fiber Optic Cable Plant, Twisted pair copper cable plant, CCTV Systems, Communications Systems, and changeable message signs for the City of Santa Ana. Eight hours per day (07:00 - 3:30), Five Days per week (M-F) On-Call Service: Troubleshooting, repair, and splicing - $105.00 per man-hour, 3 hour minimum, includes service truck, tools, safety gear, and test equipment. Does not include bucket truck or crane. Second technician on same service truck (when necessary) - $80.00 per man-hour. Crosstown-owned 47' Bucket Truck - $25.00 per hour, 3 hour minimum. Saturdays, Sundays, and Overtime (premium pay) not included. Parts, rental equipment, replacement or procurement of equipment -cost plus 15%. Please call me if you have any questions concerning this proposal. Sincerely, ~avirC". 77eermance David P. Heermance Regional Director 25N-10 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ,this endorsement form as a part of Policy # _ Issued to Named Insured Countersigned by Authorized Representative 25N-11 10 25N-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: AMENDMENT TO AGREEMENTS FOR RIGHT-OF-WAY SERVICES I ~ / ~, _ CITY MANAGER COMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to amend the agreement with California Property Specialist (CPSI) and Overland-Pacific & Cutler (OPC), in the amount of $800,000 and $300,000 for not to exceed contract amounts of $1,850,000 and $650,000 respectively, subject to non- substantive changes approved by the City Manager and City Attorney. DlscvssloN On March 6, 2006, the City Council awarded contracts to CPSI and OPC for right-of-way services for Phase I of the Bristol street widening project. Phase I is part of the overall Bristol Street widening project between Warner Avenue and Seventeenth Street which is funded by the Orange County Transportation Authority (OCTA). As the City moves forward towards the future phases of this project and begins construction of Phase I between Pine and McFadden, the consultant agreements for right-of-way services must be amended to maintain continuity, efficiency, and to meet the project schedule. The consulting firms of CPSI and OPC coordinated the acquisition, appraisal, relocation, and property management for the properties affected by the widening. Completion of right-of-acquisition for Phase I is expected in spring 2009. These firms have performed an excellent job negotiating with property owners and in managing the other right-of-way support consultants to keep the project ahead of schedule and under budget. With additional funding anticipated for Bristol Street Phase II between Third Street and Civic Center, and several other intersection widening projects funded by OCTA, CPSI and OPC will provide overall right-of-way 250-1 Amendment to Agreements For Right-of-Way Services November 17, 2008 Page 2 services, including acquisition, relocation and property management for the widening project. Staff recommends an amendment to the agreement for right-of-way services with the firms as follows: • An additional $800,000 for CPSI for a total contract of $1,850,000. • An additional $300,000 for OPC for a total contract in the amount of $650,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611) . APPROVED AS TO FUNDS AND ACCOUNTS: ~~ ames G. Ross Francisco Gutierrez xecutive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 250-2 SECOND AMENDMENT TO CONSULTANT AGREEMENT THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT, made and entered into this 17th day of November, 2008, by and between California Property Specialists, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City and Consultant entered into Consultant Agreement, A-2006-048 dated March 6, 2006 ("Agreement") to assist the City in the field ofright-of--way acquisition management and contract administration services. B. The parties hereto now desire to amend the Scope of Services and the Compensation sections of said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereby agree as follows: 1. Section 1 "Scope of Services" shall be deleted in its entirety and replaced with the following: "Consultant shall perform property acquisition services on an on-call basis, as set forth in Exhibit A-2, attached to this Second Amendment to Agreement and incorporated by reference. Said work shall comply with the timeline set forth in Exhibit A-1, attached to the First Amendment to Agreement." 2. Section 2 (a) "Compensation" shall be amended to increase compensation by $800,000, to read as follows: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B-2, attached hereto and incorporated herein. The total sum to be expended under this Agreement shall not exceed $1,850,000.00 during the term of this Agreement." 3. Except as hereinabove modified, the terms and conditions of the Agreement remain in full force and effect. // // // 250-3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Lisa E. Storck Assistant City Attorney CALIFORNIA PROPERTY SPECIALISTS, INC. GEORGIA MARQUIS Vice President Tax ID# 250-4 EXHIBIT A-1 Scope of Services Right of Way Coordination, Project Management, Acquisition, Relocation and Property Management Services PROJECT UNDERSTANDING AND APPROACH TO STATEMENT OF WORK This section presents California Property Specialists' (CPSI) understanding of the project assignment, the statement of work and our approach to the accomplishment of the scope of services. These procedures assure that CPSI services will be provided in such a manner as to ensure project success. Key responsibilities included: coordination, monitoring and implementing City of Santa Ana (City) right of way activities; consultant oversight and coordination; real property acquisition; relocations services, property management, in-house right of way coordination and other real estate related services as assigned by City staff. CPSI's Project Director will meet with City staff to review the City's requirements for requested right of way services. CPSI will focus on budget and the City's requirements as to day-to-day coordination with City staff, relevant consultants, and governing authorities. Discussions will also include progress reporting, deliverables, documents preparation, and file format. Upon City approval, CPSI proposes to take apro-active approach. This will include critical task assignments as opportunity purchases, assistance with community outreach meetings, preliminary title work, preparation of offer packages, and coordination and implementation of relocation activities. CPSI's Right of Way Project Director will implement a tracking system for all acquisition, relocation and property management consultants. This will ensure early identification of potential problem situations and an additional tool to assist in meeting project milestones on a timely basis. Additional Progress Summary Reports will be prepared, in addition to weekly Progress Summary meetings, in accordance with City requirements and submitted on bi-monthly basis. In addition to summary reports, a Progress Meeting will be scheduled on a weekly basis. STATEMENT OF WORK CPSI is very experienced and knowledgeable in right of way appraisals, acquisition and relocation services under both federally, state, and locally funded projects. This will ensure the City's full compliance of existing and/or the latest promulgated regulations. We recommend that CPSI's role include, but not be limited to the following: project oversight, procurement compliance, acquisition, relocation, property management and other general real estate support duties. UALITY CONTROL PLAN CPSI has a work ethic and commitment to excellence that is translated to high quality work product and a tremendous client satisfaction. All work performed by CPSI will be performed in accordance with applicable rules and regulations, and in a high quality and professional manner. CPSI will establish standards for quality and monitoring to assure that the City receives accurate, comprehensive and properly documented data. In addition, the CPSI Quality Control Plan will establish a process whereby the Right of Way Project Manager directs and/or reviews all work products prior to submittal to the City. PROJECT RECORDS 250-5 CPSI will prepare, maintain and submit correspondence, records, reports, analyses, schedules and databases as required by the City. Project files, including copies of all correspondence, reports, documents, and electronic files, are property of the City. SCOPE OF SERVICES 1.0 GENERAL LI GENERAL DESCRIPTION OF SERVICES California Property Specialists, Ina (CPSI) Santa Ana team will provide right of way services in connection with various City of Santa Ana Projects and general real estate related duties as duected by City staff. CPSI professionals will be responsive and maintain excellent working relationship with the public, City staff and other City's consultants. CPSI will provide professional real estate consulting services including project management, oversight, coordination of appraisal, title, Phase I and II ESA's, acquisition services, relocation assistance, property management activities, in-house right of way coordination, and other miscellaneous right of way work. PROJECT COORDINATION AND MANAGEMENT TASK NO. 1.2 Meetings Attend meetings with the City and consultants. Meeting minutes, agendas and reports will be provided and distributed as directed by City. 1.3 Status Reports Provide and maintain a title, appraisal, acquisition, relocation, and property management Status Reports for all project personnel to access. 1.4 Sub Consultant Management Provide management and coordination of services for all consultants. 1.5 Monitor and Control Budget Expenditures Prepare, monitor and track project budget expenditures and assist the City with funding reimbursements. 1.6 Escrow Coordination Provide coordination services with the Escrow Company, including ordering Preliminary Title Reports, Litigation Guarantees, if required, opening escrows, and facilitating escrows for both acquisition of the subject property and replacement property. 1.7 Schedules Prepare and provide to the City project schedules as needed. 1.8 QA/QC Management Provide Quality Control Management for all areas of the project, including coordinating efforts with the City to ensure a successful and compliant project. 1.9 Project Close Out Provide services required to finalize and close out the project according to City directions. 2.0 TITLE AND SERVICES TASK NO. 2.1 Preliminary Title Reports Order and monitor completion of Preliminary Title Reports and receipt of supporting documents, Title reports produced for each parcel will at a minimum establish legal owners and all valid liens, 250-6 encumbrances and easements of record. A Title Report Summary will be completed by the CPSI and with a copy distributed to the City file, and City Attorney's office. 2.2 Litigation Guarantees Order as directed by the City Attorneys office Litigation Guarantees identifying the legal owners and all interests affected in the proposed litigation. Copies of the report will be placed in the City file and a copy distributed to the City Attorney's office. 3.0 PHASE I AND II ESA AND DEMOLITION ASBESTOS SURVEY TASK NO. 3.1 Phase 1 Environmental Site Assessment Survey Coordinate a Phase I study to be performed in compliance with the standard practices of the American Society for Testing and Materials (ASTM) Phase I ESA Process (Standard: E 1527-00). Monitor to see that: reasonable attempts are made to interview the existing and former owners of the properties; a visual survey of the site and adjacent sites is made; reasonable attempts are made to contact local government officials regarding conditions in connection with the property; a review of site and area land use history is completed; and a review of site area for geology and subsurface/surface potential for pollutant transport from public sources. Review complete report to assure contents of inspections and interviews, site characteristics, record and historical review information and potential contamination issue, and conclusions and recommendations for any work required. Copies to be distributed to City file, City Attorney and Property Management consultant, if required, on the site. 3.2 Phase 11 Environmental Site Assessment Survey Review with City staff the Phase I ESA to determine the need for a Phase II ESA Survey. If necessary, coordinate the completion of a Phase II ESA. Upon receipt of the Phase lI report, prepare recommendation to for additional environmental analysis. Distribute the Environmental Site Report and written recommendations to City staff and City Attorney's office. 3.3 Demolition Asbestos & Follow Up Surveys Coordinate, or assists the Property Management Consultant with the coordination and completion of asbestos and lead surveys. Coordinate distribution of these reports to applicable consultants. Perform afollow-up inspections before the beginning the demolition process. 4.0 PUBLIC MEETINGS TASK NO. 4.1 Public Information Hearing Facilitate and or conduct Public Meeting as required by City to address acquisition, relocation and related issues. 5.0 APPRAISAL TASK NO. 5.1 Facilitate Distribution of appraisal assignments using the City approved Contract appraisers. Prepare Request for Proposal for obtain fee proposals for given assignments. 5.2 Coordinate Meet with the selected appraiser to review and discuss USPAP, Uniform Act, and California Code of Regulations, Title 25 requirements. Coordinate with City staff and the City Attorney's office the type of reports required and the required written notice of inspection to the owner. In all cases 250-7 a complete appraisal is required. The format and level of documentation for an appraisal report depend on the complexity of the appraisal problem. Complex property assignments are to be reported in aself-contained, narrative format. A summary report in conformance with USPAP Standards Rule 2-2(b) is permitted in cases, which, by virtue of their low value or simplicity, do not require the in-depth analysis and presentation necessary in aself-contained appraisal report. A summary report may be acceptable on complex property assignments on a case-by-case basis as determined by the City 5.3 Complete Appraisal Summary Statement Obtain appraisals for each acquisition prepared in accordance with the State of California Laws and USPAP, date stamp, record information and properly disperse reports. Review appraisal report and prepare an Appraisal Summary Statement, in accordance with applicable regulations, including Assembly Bi11237. These Appraisal Summary Statements will be utilized as part of the "Offer Letter." 5.4 Tenant Owned Improvements Coordinate and review completeness and accuracy of fixtures and equipment appraisals. During the initial appraisal process, coordinate with fee appraiser, FF&E appraiser, fee owner and tenant identification and ownership of tenant owned improvements. if necessary Specialty Appraisals shall be ordered, and a copy submitted to the appraiser for inclusion in the appraisal and appraisal review analyses. 6.0 APPRAISAL REVIEW/ESTABLISHMENT OF JUST COMPENSATION TASK NO. 6.1 Appraisal Review If funding is involved with Phase I, coordinate and obtain reviews of the appraisals referenced above in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions, other applicable Federal Laws, State of California Laws, Public Law 91-646, Title III, and USPAP. 6.2 Just Compensation Coordination Upon completion of the appraisal and if applicable the appraisal review, the completed reports will be submitted to the City for review and establishment of Just Compensation. 7.0 PREPARATION OF OFFER PACKAGES TASK NO. 7.1 Parcel Files Establish and maintain an accurate and complete working file for each parcel in a format approved by the City. 7.2 Subsequent Review Title Reports Before the "Offer Package" is prepared, complete a second review of County Assessor information and title reports, paying particular attention to ownership and easement lien, and encumbrances. 7.3 Review Right of Way Drawings Review project plans becoming familiar with the project and its impact on the various properties. Verify information on the project plans, correspond to the legal descriptions, plants, and information contained in the appraisal reports 7.4 Offer Package Prepare "Offer Package" in accordance with City approved format. At a minimum, the "Offer Package' will include a receipt form (listing contents of Offer Package) offer letter, appraisal summary statement, acquisition brochure, Title VI information, Tenant Information Statement, Language Translation and language translation for. Before distribution to the acquisition agent, the complete Offer Package will be submitted to the City Attorney's office for approval. 250-8 7.5 Acquisition /Negotiations on Full-Take Residential Parcels Coordinate and track communications, negotiation progress, and Consultant success, via an approved tracking report. Offers to out of area owners will be mailed Certified Return Receipt Requested. 7.6 Acquisition /Negotiations on Full-Take Commercial Parcels Complete the acquisition function including performing the necessary field assignments to acquire these parcels. Coordinate and track communications, negotiation progress, and Consultant success, via an approved tracking report. Offers to out of area owners will be mailed Certified Return Receipt Requested. 7.7 Administrative Settlement Proposal Recommendations For unresolved cases, review and provide a written recommendation together with support documentation on all counter proposals submitted by the property owners to the City for review and approval/disapproval. 7.8 City/Owner Liaison Provide liaison duties between the City, Consultant and property owners. 7.9 Contact Documentation Thoroughly document all contacts with the acquisition consultant, property owner and/or their representative indicating attendees, time and place of meetings. Documentation will include thorough diaries and copies of all correspondence and emails. Diaries should be updated immediately after each contact, if possible, and retained in the permanent acquisition file. 8.0 RELOCATION ASSISTANCE TASK NO. 8.1 Prepare Relocation Plan Complete Relocation Plan in accordance with applicable State guidelines. This will include, by not limited individual interview of potential displacements, identification of relocation needs and obstacles, and mitigation measures to support a successfully relocation assistance program. All State of California procedures for obtaining City Council and adoption of Relocation Plan will be followed. Any deviation from this procedure must be approved by the City staff and City Attorneys office. 8.2 Residential Relocation Packages Prepare "Relocation Package" in accordance with City approved format. At a minimum, the "Relocation Package' will include a receipt form (listing contents of Relocation Package) General Information Notice, Relocation Brochure, Title VI information, Certificate of Occupancy Statement and Language Translation Statement. Before distribution to the relocation agent, the complete Relocation Package will be submitted to the City Attorney's office for approval. 8.3 Relocation Oversight on Residential Displacements Distribute Relocation Packages in accordance with City staff directives. Coordinate and track communications, progress via an approved tracking report. 8.4 Purchase Price Differential or Rental Assistance Payment Entitlement Review entitlement packages submitted to the City for approval, in accordance with applicable rules and regulations. This will include but will not limited to market data, selection of most comparable properties, completion of necessary data forms and calculation of entitlements. Coordinate approval of the relocation assistance entitlements and document the file accordingly. 8.5 Moving Options Review requested moving entitlements based on room-count or if necessary, submitted moving bid estimates. Determine moving option, prepare moving agreement, obtain signatures, if 250-9 required, and monitor move. 8.6 Prepare and Deliver Notices Prepare and deliver residential entitlement letters, 90 Day Notices to Vacate and if applicable 60- Day and 30-Day Letters. 8.7 Relocation Advisory Assistance Provide advisory services consist of providing housing referrals, determining relocation needs, explaining benefits, performing housing inspections, providing transportation as needed to displacees searching for replacement housing, providing counseling or advising of other sources of assistance that may be available. 8.8 First Level Appeals Coordinate and handle first level appeals, if required. 8.9 Relocatee Contact Documentation Thoroughly document all contacts with the displace. Documentation will include thorough diaries and copies of all correspondence and emails. 8.10 Relocation Payment Packages Review claim packages, process and submit to City staff for approval. File documentation will be maintained to assure compliance, audit and payment verifications. 9.0 BUSINESS RELOCATION ASSISTANCE -COMPLETED BY OVERSIGHT TEAM TASK NO. 9.1 Relocation Payment Eligibility Determine potential eligibility for relocation payments by reviewing eligibility criteria and case data. Document in case file if displacee is entitled to business relocation payments. including moving and related expenses, Re-Establishment payment (maximum $10,000) and aSite-Search payment (maximum $1,000) or In-Lieu payment, (maximum $20,000.) 9.2 Business Relocation Packages Prepare "Relocation Package" in accordance with City approved format. The "Relocation Package' will include a receipt form (listing contents of Relocation Package) General Information Notice, Notice of Eligibility, Relocation Brochure, Title VI information, Certificate of Occupancy Statement, Language Translation Statement, and Loss of Goodwill Statement. Before distribution to the relocation agent, the complete Relocation Package will be submitted to the City Attorney's office for approval. 9.3 Identify Displacee's Needs Personally interview the displacee to identify in detail displacee's needs and problems. Present Relocation Package and provide advisory assistance by explaining in detail the options for payment of reasonable moving expenses, reestablishment and site search reimbursements. 9.4 Personal Property Inventory Complete a Certified Personal Property Inventory, after completing a site inspection, review of fee and FF&E appraisal. Review, verify and approve with the assistance of the displacee the compilation of a certified personal property inventory. This Certified Inventory should be signed by the business owner and relocation agent. Upon the City concurrence, this information will be utilized to obtain commercial moving bids. 9.5 Replacement Site & Moving Assistance Provide assistance in locating a suitable replacement site, obtain all moving bid estimates, assist relocatee in selecting a move option, select mover, prepare mover agreement, plan moves, monitor and oversee the move. Ensure all items in the inventory, thus the moving cost estimate, are actually moved. If items are not moved or not included in moving bid (items which require 250-10 mitigation, items that cannot be moved to replacement site due to zoning, housing codes or other restrictions), prepares Abandonment Certification and deducts reasonable moving costs if necessary. 9.6 Determine Eligible Reestablishment Expenses Determine expenses (e.g., improvements to the property, advertisement, unused license fees, increased operating costs) necessary and eligible as reestablishment expenses, not to exceed $10,000.00. Inspect the replacement property, obtain cost estimates, verify previous two years' expenses and income and project next two years to assess whether increased operating costs will exist, if necessary. Based on decisions of displacee and program guidelines, determine eligibility for reimbursement. Ensure all items in the estimate are actually reestablished. Photograph before and after improvements, review invoices and work performed. 9.7 Abandoned Property if displacee decides not to relocate some personal property, verify that a bona fide attempt has been made to sell the items. Determine eligibility for direct loss payment and compute the amount of payment. Notify the AAWC of any items to be abandoned and ensure those items are not included in the moving cost estimate. Prepare an Abandonment Certification and have the displacee sign waiving all rights in property abandoned. 9.8 Site Search Expenses Determine eligibility for actual reasonable site search expenses not to exceed $1,000.00 under Title 25 compliance or $2,500 under federally funded projects. 9.9 City/Owner Liaison Provide liaison duties between the City and business owners. 9.10 Contact Documentation Thoroughly document all contacts with the business owner and/or their representative indicating attendees, time and place of meetings. Documentation will include thorough diaries and copies of all correspondence and emails. Diaries should be updated immediately after each contact, if possible, and retained in the permanent relocation file. 10.0 ESCROW COORDINATION TASK NO. 10.1 Monitor Escrows Coordinate with title companies and open escrows on all purchases. Monitor escrows, review all escrow documents, request funds from City and ensure that the City receives title insurance policies in the amount of the purchase cost of the land and improvements and clear title to all properties acquired. CPSI will also provide multi-lingual (Spanish) services as needed for an efficient closing. 10.2 Part-Take Acquisitions Special attention will be taken on part-take acquisitions, due to the difficultly in obtain partial release documents on a timely basis. At the City's option, the CPSI Team will complete the entire escrow and work directly with the Title Company to obtain the necessary Title Policy. 11.0 CONDEMATION SUPPORT TASK NO. 11.1 Condemnation Assistance Prepare necessary condemnation reports or paperwork for unsuccessful negotiations, and provide pre-condemnation assistance and testimony for the City Legal Counsel. This includes: obtaining and reviewing Litigation Guarantees; listing the names and mailing addresses of the appropriate fee, leasehold, and tenant owners; completion of a summary sheet with recommendation regarding title issues; and making copies of the contents of the parcel file. CPSI can also provide expert 250-11 testimony regarding appraisal, acquisition and relocation issues. 12.0 PROPERTY MANAGEMENT OVERSIGHT TASK NO. 12.1 Status Reports Provide or coordinate with bi-monthly Status Reports showing critical milestones. 12.2 Sub Consultant Management Provide management and coordination of property management services with City and other consultants. 12.3 Monitor and Control Budget Expenditures Prepare, monitor and track project budget expenditures and assist the City with funding reimbursements. 13.0 DEMOLITION OVERSIGHT TASK NO. 13.1 Demolition Project Management and Coordination Assist the City in the advertisement for procurement of and administration of demolition contracts in accordance with the City policies and procedures for competitive bidding. 13.2 Demolition Specification Bid Preparation As directed by City assist with the preparation of separate specification bid packages that abatement and demolition contractors can use to provide a detailed cost estimate. This work will include site meetings with the contractors fro the bid process, job walk, and the preparation of an addendum for clarification of any question in regards to specification changes if required. 13.3 Asbestos Abatement Monitoring & Visual Clearances Monitoring of the project during the abatement process. Collect and file in the City's Post Acquisition File all documentation collected during the process. 13.4 Demolition Supervision & Coordination Provide adequate field supervision of demolition activities to ensure compliance with all City policies and procedures as well as all terms of the demolition contract. 13.5 Project Reporting and Closeout Review and approve demolition consultant's work and submit completion reports to the City recommending payment as necessary. 14.0 COMPLIANCE AND QUALITY CONTROL TASK NO. 14.1 Project Responsibilities CPSI Right of Way Project Director will be responsible for proper compliance and quality control on all right of way activities. This includes interpretation and implements applicable laws, regulations and policy, and assisting the City in resolving conflicts among administrative policies, departments, and consultants. 14.2 File Closeout CPSI Team will audit all acquisition, relocation and post acquisition files to assure compliance with applicable regulations. Corrective actions will be coordinated with the City and consultant. A tracking report will be generated showing the receipt of the consultant file, the consolidation and review date, comments regarding non-compliance, corrective action taken, and close-out date. 250-12 General real estate services & other related services Bristol Pine to McFadden - remainder work Bristol Third to Civic Center 17` /Bristol Intersection Warner/Bristol Intersection Grand Avenue Mohawk/Edin er 250-13 EXHIBIT B-1 2008-2009 HOURLY RATE SCHEDULE ~. Ri ht of Wa Pro'ect Director • $ 110.00 Pro'ect Mana er $ 9s.00 Senior Ac uisition-Relocation A ent $ 90.00 Acquisition/Relocation Agent $ gs.oo ROW Technician $ ~s.oo Clerical Support $ so.oo 250-14 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered into on November 17, 2008, by and between Overland, Pacific & Cutler, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement A-2005-102, dated May 16, 2005, (llcreinafter "said Agreement") by which Consultant has provided right-of--way services, including project management, appraisal and acquisition. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement to provide additional compensation to allow for the continuation of services. NOW THEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to increase compensation by $300,000 for a total not to exceed amount of $650,000. Commencing upon execution of this Second Amendment, Consultant's fee schedule shall be amended as set forth in Exhibit B-1, attached hereto. 2. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Consultant Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Laura Sheedy Assistant City Attorney DAVID N. REAM City Manager OVERLAND, PACIFIC & CUTLER, INC. BARRY MCDANIEL, CEO 250-15 EXHIBIT B-1 Hourly Rates Project Management Senior Consultant Consultant Property Manager Project Support $135.00 per hour $115.00 per hour $105.00 per hour $ 74.00 per hour $ 74.00 per hour Local mileage, photocopying, first class postage, telephone, facsimile and cellular connnunication charges will not be billed. Out-of-pocket expenses including pre-approved travel and lodging, outside exhibit preparation, requested overnight courier, registered or certified mailings, and specialty reproduction will be charged at cost plus ten percent (+10%) for administration, coordination and handling. Subcontracted services will be invoiced at cost plus ten percent (+ 10%). 250-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: AGREEMENT WITH SANTA ANA UNIFIED SCHOOL DISTRICT FOR THE LEASE OF ANGELS PARK ~'~~~ CI MANAGER RECOMMENDED ACTION APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with the Santa Ana Unified School District for the lease of Angels Park, located at 914 West Third Street, for a 10-year term, with the option for two, 10-year renewals, subject to non-substantive changes approved by the City Manager and City Attorney. SANTA ANA UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION RECOMN~NDATION On October 14, 2008, the Board unanimously approved the lease agreement for Angel Park by a vote of 5:0. DISCUSSION In 1971, the City of Santa Ana entered into a 25-year lease agreement with the Santa Ana Unified School District for the use of the vacant property located at 914 West Third Street, formerly known as McKinley Elementary School. Utilizing State grant funding, the City developed Angels Park, a two-acre neighborhood park, on the school site. As a continuation of the current lease agreement, the City and the School District are proposing an additional 10-year term renewal with two 10-year options for renewal. 1~1o money exchange will be required as the consideration provided is the enjoyment and usage of the property for Santa Ana residents. In addition, the City will hold the School District harmless from all liability and claims that may arise at the property during the term of the agreement. FISCAL IMPACT There is no fi al i act associated with the proposed action. erardo Mouet Executive Dir ctor Parks, Recreation and Community ~~~_~ Agency ~:LtKK Ur IiVUIVIrIL UDC VIYLT: DRAFT: FOR DISCUSSION PURPOSES DO NOT RECORD LEASE AGREEMENT ["Angels Park"] BETWEEN THE SANTA ANA UNIFIED SCHOOL DISTRICT AND THE CITY OF SANTA ANA This Agreement ("Agreement") is made and entered into this _ day of , 2008, by and between the Santa Ana Unified School District, herein referred to as "Landlord" or "District" 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, herein referred to as "Tenant" or "City." RECITALS A. On October 4, 1971, the City and District entered into long term lease agreement for the use of the property formerly known as "McKinley Elementary School" and now commonly known as "Angels Park." A graphical description of said property is attached hereto as Exhibit 1. B. On the same date, October 4, 1971, the City and District entered into long term lease agreement for the use of the property formerly known as the "Waterworks Parksite" and now commonly known as the "Neal Machander Tennis Center." C. Both the Angels Park and Neal Machander Tennis Center leases were drafted and intended to be mutually dependent on each other. D. Education Code §§ 10900, et seq. and Education Code §10905, specifically, authorizes the District to cooperate with the City to carry out its purposes in promoting and preserving the health and general welfare of the people of the state and to cultivate the development of good citizenship by providing for adequate programs of community recreation for children and adults. These Education Code sections authorize the District to enter into agreements and to do any and all things necessary or convenient to aid and cooperate in carrying out that purpose. E. Pursuant to its Charter, the City is authorized to convey and lease real property and to enter into cooperative agreements that further the interests of the City. F. This Agreement is intended to continue the lease in place between the City and District in order for the City to be able to maintain the use of Angels Park as a public park. G. The City and District desire to delineate their respective rights and duties regarding use, maintenance, and operation of Angels Park. NOW, THEREFORE, the City and the District hereby agree as follows: Page 1 of 6 11 /4/2008 25P-2 DRAFT: FOR DISCUSSION PURPOSES DO NOT RECORD AGREEMENT 1. Premises and Use. Landlord owns the real property located at 914 West Third Street, Santa Ana, California and commonly known as "Angels Park" (the "Premises"). Landlord hereby leases to Tenant the Premises for continued use as a public park. Tenant hereby accepts the Premises in their condition existing as of the Commencement Date of this Agreement. 2. Term. The term of this Agreement shall be for a period often (10) years with an option to extend the term of the lease upon providing written notice within six (6) months of expiration of lease. Tenant shall have the right to exercise its option to renew the lease for two (2) additional ten (10) year terms. Upon expiration of the lease period, the lease will become a month-to-month lease. 3. Consideration. No money exchange is required. The Consideration for this lease is execution of the lease entered into this same date between these same parties for use of the City's property commonly known as the Neal Machander Tennis Center. Said leases are contingent on the other lease being in effect. If either lease is terminated, for any reason, both leases shall be deemed terminated. 4. Non Recording. Neither party shall record this Agreement. 5. Authority to Seek Grant Funding. The parties agree that Tenant shall have the right to seek grant funding for future projects and rely on its use and lease of the Angels Park property as a basis for applying for grant funding. 6. Indemnity. Tenant shall protect, defend, indemnify and save and hold harmless Landlord, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Tenant's performance of this Agreement or Tenant's failure to comply with any of Tenant's obligations contained in the Agreement by Tenant, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of Landlord. In the event Landlord is named as codefendant, Tenant shall notify Landlord of such fact and shall represent Landlord in such legal action unless Landlord undertakes to represent itself as codefendant in such legal action, in which event Landlord shall bear its own litigation costs, expenses and attorney's fees. 7. Insurance. Both the City and the District shall maintain, for the period covered by this Agreement, at their own respective costs, their own respective policy or policies of general liability insurance and property insurance. Each party waives subrogation of its insurance coverage for the other entity. Self-insurance authorized by state law and/or maintained by the City or the District in the regular course of business for its other activities shall satisfy this requirement. Page 2 of 6 11 /4/2008 25P-3 DRAFT: FOR DISCUSSION PURPOSES DO NOT RECORD 8. Assignment. Tenant shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, or encumber this lease or any interest therein, and shall not sublet said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants, and invitees of Tenant excepted) to occupy or use said Premises, or any portion thereof, without the prior written consent of the Landlord. 9. Construction, Removal and Modification of the Leased Premises. Tenant shall have the right to modify, demolish or otherwise alter the improvements on the Leased Premises, or to add any new structures or improvements to the Leased Premises so long as the Leased Premises continued to be used for Park purposes. 10. Maintenance and Repair. Tenant shall, at its sole cost and expense, maintain and repair the Premises including, but not limited to, the removal of all trash, debris, graffiti, as well as janitorial services and any necessary special intensive cleaning. If Tenant causes any damage to the Premises, or to access roadways or other nearby facilities, it shall properly repair same as specified by Landlord. 11. Utilities. (a) Tenant shall pay for all electricity, gas, water and sewer services furnished to the Premises for the use, operation and maintenance of Tenant's premises during the Term of this Agreement, or any extension thereof, and for the removal of trash from the Premises during the Term of this Agreement, or any extension thereof. (b) Tenant shall have the right to improve the present electrical and telecommunication cabling and outlets and any other such infrastructure that would reasonably be associated with Tenant's intended use of the Premises, all at Tenant's sole cost and expense. 12. Termination. In the event of any damage, destruction or condemnation of the Premises, which renders the Premises unusable or inoperable in Tenant's judgment, Tenant shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Premises by giving written notice to Landlord within thirty (30) days after such damage, destruction or condemnation. If by virtue of such casualty or condemnation, Tenant determines that the Premises is no longer adequate for Tenant to continue its operations, or any repairs to the Premises have not been completed or cannot reasonably be completed within sixty (60) days from the date of the damage, destruction or condemnation. This Agreement will become null and void. In the event of condemnation, unless Tenant is allowed by the condemning authority to continue its operations in the Premises, this Agreement shall terminate as of the date title to the Premises vests in the condemning authority or Tenant is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to Landlord. 13. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in Page 3 of 6 11 /4/2008 25P-4 DRAFT: FOR DISCUSSION PURPOSES DO NOT RECORD writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council And City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney And Executive Director of Parks, Recreation & Comm. Services Agency City of Santa Ana 888 W. Santa Ana Blvd., Ste. 200 Santa Ana, CA 92702 Telefacsimile (714) 647-6549 Attn: Ron Ono If to DISTRICT: Santa Ana Unified School District 1601 E. Chestnut Santa Ana, CA 92701 Attn: Assistant Superintendent of Budget, Facilities and Personnel 14. Incorporation of Recitals and Exhibits. All of the recitals and exhibits set forth in or attached to this Lease are by this reference incorporated in and made a part of this Lease. 15. Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Lease and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Lease or any amendments hereto. Page 4 of 6 11 /4/2008 25P-5 DRAFT: FOR DISCUSSION PURPOSES DO NOT RECORD 16. Governing Law. This Lease shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California, without regard to conflicts of laws principles. 17. Entire Agreement. This Lease contains the entire understanding of the parties and supersedes any and all other written or oral understanding. No alteration of or amendment to this Lease shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 18. Captions. Any captions or headings to the Sections and subsections in this Lease are solely for the convenience of the parties hereto, are not a part of this Lease, and shall not be used for the interpretation or determination of validity of this Lease or any provision hereof. 19. Severability. If any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Lease shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein. 20. Further Assurances. Each party shall cooperate with the other and shall execute such other documents as may be reasonably necessary to carry out the provisions of this Lease including the providing of estoppel certificates. 21. No Waiver. Any waiver, consent or approval by either party of any breach, default or event of default of any provision, condition or covenant of this Lease must be in writing and shall be effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Lease. Any failure or delay on the part of either party in exercising any power, right or privilege under this Lease shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof. 22. Rights and Remedies. No right or remedy conferred by any of the specific provisions of this Lease is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. The exercise of any one or more rights or the election of any one or more remedies by any party shall not constitute a waiver of the right to exercise other available rights or pursue other available remedies. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. /// /// /// Page 5 of 6 11 /4/2008 25P-6 DRAFT: FOR DISCUSSION PURPOSES DO NOT RECORD The "District" Santa Ana Unified School District, apolitical subdivision of the State of California By: _ By: Attest: By: Superintendent President of the Board Clerk of the Board The "City" City of Santa Ana A Charter City By: Attest: By: David N. Ream City Manager Patricia E. Healy Clerk of the Council Approved as to Form Joseph W. Fletcher City Attorney By: Jose Sandoval Managing Senior Assistant City Attorney Page 6 of 6 11 /4/2008 25P-7 25P-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEI~ER 17, 2008 TITLE: WILLARD INTERMEDIATE SCHOOL JOINT USE AGREEMENT WITH SANTA ANA UNIFIED SCHOOL DISTRICT ,- ~~ /, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with the Santa Ana Unified School District for the joint use of the athletic fields at Willard Intermediate School located at 1342 North Ross Street for a 5-year term, with the option for one 5- year renewal, subject to non-substantive changes approved by the City Manager and City Attorney. SANTA ANA UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION RECONIl~~NDATION On October 14, 2008 the Board unanimously approved the Willard Joint Use Agreement by a vote of 5:0. DISCUSSION The City of Santa Ana is home to over 6,000 youth soccer players. The need for athletic fields in Santa Ana is far greater than the field space currently available. Due to high demand and high use, the current condition of the City's existing fields severely impacts the comfort and safety of the large number of soccer players in Santa Ana. The construction of new athletic fields is not feasible as the City of Santa Ana is over 97o built out and there is no vacant land available. The best alternative is for the City to partner with the Santa Ana Unified School District for the joint use of its school fields after regular school hours and on the weekends. Willard Intermediate School the majority of the soccer joint use agreement will be with field priority given to number of youth that live Intermediate School. is located in the heart of Santa Ana where players in the city reside. The proposed exclusively for youth sport organizations those organizations that have the greatest within a one-half mile radius of Willard 25Q-1 Willard Intermediate School Joint Use Agreement November 17, 2008 Page 2 The proposed Willard Intermediate School joint use agreement will provide that the School District schedule use of the fields during regular school hours for both the regular school year and any summer school session. The agreement would allow the City the right to schedule activities during times that do not conflict with the School District's scheduled programs. The City's Parks, Recreation and Community Services Agency will program and maintain the use of the fields in the same manner and under the same conditions for programming as at other City facilities. FISCAL IMPACT There is no fiscal impact associated with this action. Gerardo Mouet, ~ Executive Director Parks, Recreation and Community Services Agency 25Q-2 JOINT USE AGREEMENT BY AND BETWEEN SANTA ANA UNIFIED SCHOOL DISTRICT AND THE CITY OF SANTA ANA (WILLARD INTERMEDIATE SCHOOL) THIS JOINT USE AGREEMENT ("Agreement") is dated as of ****, 2008, by and between the Santa Ana Unified School District ("District"), a public school district duly organized and existing under the laws of the state of California, and the City of Santa Ana ("City"), a charter city and municipal corporation duly organized and existing under the constitution and laws of the state of California. RECITALS: A. The District owns and operates the Willard Intermediate School, depicted on the map attached hereto as Exhibit "A". B. The City and District desire to undertake a coordinated use of the Willard Athletic Field on the Willard Intermediate School site. C. The coordinated use of the Athletic Field is intended to benefit the families that live in the immediate vicinity of Willard Intermediate School. D. The partnership between the City and District created by this Joint Use Agreement is intended to improve health and wellness to the Willard community with an emphasis on combating obesity and diabetes. NOW, THEREFORE, for and in consideration of the mutual promises and agreements contained herein, the parties hereto agree as follows: 1. DEFINITIONS. The following definitions shall apply to the terms as used in this Agreement: A. "Joint Use Property" shall mean that certain real property and improvements described in Exhibit "A" attached hereto. B. "Joint Use Facilities" shall mean the athletic field currently on the Joint Use Property including but not limited to the parking lot. C. "Technical Advisory Committee" shall mean that certain committee created and appointed by the City Manager of the City and the Superintendent of the District pursuant to the Joint Use Agreement between the parties pertaining to Godinez High School at Centennial Park. The Technical Advisory Committee shall be responsible for resolving conflicts in scheduling of the Joint Use Facilities at Willard Intermediate School. Page ! of 6 Willard jt use 091908 25Q-3 D. "Regular School Hours" shall mean 6:00 am through 6:00 pm, Monday through Friday (excluding state and national holidays observed by the District) unless changed by agreement of the parties. E. "District Time" shall mean the time during Regular School Hours, when the District shall have the right to schedule use of the Joint Use Facilities. F. "City Time" shall mean those days and hours, outside of Regular School Hours and weekends, when the City shall have the right to schedule use of the Joint Use Facilities. G. "Athletic Fields" shall mean the school athletic fields as described in this Agreement. 2. TERM AND COMMENCEMENT. This Agreement shall commence on the date that the last party signs this agreement and shall run for a term of 25 years unless extended for an additional 5-year term by written mutual consent of the parties. 3. PERMITTED USE OF FACILITIES. The rights of the City to schedule use of the Joint Use Facilities shall be determined based on the following. A. District Use. District shall have the right, without prior consent of the City, to schedule use of the Joint Use Facilities during Regular School Hours for both the regular school year and any summer school. B. Ci Use. City shall have the right at its discretion to schedule activities in the Joint Use Facilities, provided that the times are not in conflict with District Time or activities previously recommended by the Technical Advisory Committee. C. Priority for Youth Sports. The City will directly program the athletic field after school and on weekends exclusively for youth sport organizations with priority given to youth sport organizations that have the greatest number of youth that live within a %2 mile radius of the Joint Use Property. D. District Priority. Priority will be given to any school or District need for the use of the athletic field. Youth Soccer organizations will be informed that the District use of the Athletic field will have priority and that they are subject to being bumped as long as notification is given beforehand. If a user is bumped during City Time, the District will ensure that a relocation site is available. E. City Programming. The City may conduct programs itself or do so through a third party, so long as done in the same manner and under the same conditions for programming in other City facilities and meets any applicable State or Federal anti- discrimination requirements or school-site safety standards such as prohibition of alcoholic beverages and tobacco. City reservation fees collected for the use of the Willard Joint Use property will be remitted to the District on a monthly basis and an accounting will be presented at the Technical Advisory Committee meeting. Page 2 of 6 Willard jt use 091908 25Q-4 F. Scheduling Conflicts. To the extent scheduling conflicts cannot be resolved informally by the parties, the Technical Advisory Committee shall be responsible for resolving conflicts in scheduling of the Joint Use Facilities at Willard Intermediate School. G. Insurance. The City will be responsible for ensuring that the athletic field permit holder has proper insurance. H. Supervision of Joint Use Facilities. The City will be responsible for managing the athletic field usage when using the Joint Use Facilities during City Time through use of City field monitors and City Park Rangers. The City shall provide a level of supervision and security commensurate with that provided at City-owned facilities at all times while using the Joint Use Facilities (and for reasonable periods of time immediately prior to and following such use). I. Maintenance. Normal maintenance of the Joint Use Facilities will continue to be the responsibility of the District. J. Utilities. District shall pay for all utility services furnished to the Joint Use Facilities for the use, operation and maintenance of the Joint Use Facilities during the Term of this Agreement, or any extension thereof. K. Further Funding Sources. The parties to this Joint Use Agreement will cooperate in good faith to seek further funding for improvements to the athletic fields, basketball courts, tennis courts and other common areas at the Willard Intermediate School and agree that if such funding and improvements are made, that this Joint Use Agreement will be amended to encompass the renovated areas. 4. LIABILITY AND INDEMNIFICATION. A. The City shall be financially responsible for damages caused by City use under this Agreement. B. The City shall indemnify, defend, and hold harmless District, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of or in connection with activities or programs sponsored by City under this Agreement, third party activities programmed or sponsored by the City, and City programming outside of City Time, except those which arise out of a dangerous/defective condition of District property or due to the sole negligence of the District. C. The District shall indemnify, defend, and hold harmless the City, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of its operation of the School, including use, operation, Page 3 of 6 Willard jt use 091908 25Q-5 maintenance and repair of the Joint Use Facilities, except as provided in "B" above. 5. INSURANCE. Both the City and the District shall maintain, for the period covered by this Agreement, at their own respective costs, their own respective policy or policies of general liability insurance and property insurance. Each party waives subrogation of its insurance coverage for the other entity. Self-insurance authorized by state law and/or maintained by the City or the District in the regular course of business for its other activities shall satisfy this requirement. 6. NOTICES. All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: And City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council City of Santa Ana 20 Civic Center Plaza P.O. BOX 1988 Santa Ana, CA 92702 Attn: City Attorney If to DISTRICT: Santa Ana Unified School District 1601 E. Chestnut Santa Ana, CA 92701 Attn: Deputy Superintendent 7. SEVERABILITY AND APPLICABLE LAW. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be invalid under the applicable law, such provision will be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision, or the remaining provisions of this Agreement. This Agreement has been made and entered into in the State of California and the laws of said State shall govern the validity and interpretation hereof and the parties' performance hereunder. 8. AMENDMENTS. This Agreement sets forth the entire understanding between the parties with respect to Willard Intermediate School. Any modifications must be in the form of a written amendment agreed to by both parties. Page 4 of 6 Willard jt use 091908 25Q-6 9. REMEDIES FOR BREACH. Any material breach of this Agreement alleged by either party shall be subject of notification in writing to the alleged breaching party, as provided herein. Each party shall be accorded a 60-day period from actual receipt of written notification to cure each and every breach identified in the notification. Failure to provide notification in writing and the opportunity to cure any alleged breach shall constitute a waiver of that breach of the Agreement. Any dispute as to the existence of a material breach, the acceptability of a cure for each alleged breach, or the appropriate remedy for each and every material breach of this Agreement shall be resolved by mediation and/or arbitration by a mediator/arbitrator agreeable to both parties. Arbitration of disputes as to material breach of this Agreement shall be final and binding as the exclusive remedy for enforcement of the rights and responsibilities of all parties subject to this Agreement. 10. BINDING EFFECT AND NONASSIGNABILITY. This Agreement and all the terms, covenants, conditions, and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and their respective successors. This Agreement shall not be assignable by either Party. 11. TERMINATION. Either party may terminate this Agreement, at will, with 60 days prior written notice to the other party. IN WITNESS WHEREOF, this Agreement has been duly approved by both District and City. The "District" Santa Ana Unified School District, apolitical subdivision of the State of California By: Superintendent By: President of the Board Attest: By: Clerk of the Board David N. Ream City Manager Patricia E. Healy Clerk of the Council Approved as to Form: Joseph Fletcher, City Attorney By: Jose Sandoval Managing Senior Assistant City Attorney Page 5 of 6 25Q-7 The "City" City of Santa Ana A Charter City By: Attest: By: Willard jt use 091908 Exhibit "A" WILLARD INTERMEDIATE SCH~UL SITE PLAN N W Ei Joint use area ,.,.n~ s ._ ~s, W 1 STH ST u.." ""~°° BASKETBALL COURTS ,~ARK~G L~ .: ~ ~ Joint use area CLASS ROOMS _.. ~ ~ ~ ~ ~ ~ H=NNi~0U~5 N ~ Z ¢ ~ ~ H a a SOCCER fIELD Joint use area ADMIN BUILDING WASHINGTON AV Page 6 of 6 ExhibitA 25Q-8 Willard jt use 091908 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEI~IDER 17 , 2 0 0 8 TITLE: ~~ Education 18r CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ AGREEMENT FOR LEASE OF TENNIS COURT FACILITIES AT FIRST AND FLOWER STREETS WITH SANTA ANA UNIFIED SCHOOL DISTRICT /". CI MANAGER RECOMMENDED ACTION Authorize the City Manager attached agreement with the lease of the tennis court Streets for a 10-year term, subject to non-substantive City Attorney. CONTINUED TO FILE NUMBER and Clerk of the Council to execute the Santa Ana Unified School District for the facilities located at First and Flower with the option for two, 10-year renewals, changes approved by the City Manager and SANTA ANA UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION RECOL~IlI~NDATION On October 14, 2008 the Board unanimously approved the lease agreement by a vote of 5:0. DISCUSSION In 1971, the Parks, Recreation and Community Services Agency and the Santa Ana Unified School District entered into a 25-year lease agreement for the site located at First and Flower Streets, known as the Neal Machander Tennis Center. The property, which abuts Santa Ana High School, sits on top of the Walnut Street Reservoir that is owned and operated by the City of Santa Ana. The original agreement granted the School District authority to construct 11 tennis courts at the site, free of charge, for the recreational use and enjoyment of the high school. In exchange for the City paying the cost to install lighting at the facility, the School District granted the City free use of the tennis court facilities for its after-school recreational programs. As a continuation of the existing lease agreement, the City and the School District are proposing an additional 10-year term with two 10- year options for renewal. No money exchange is required as the consideration provided is the enjoyment and usage of the property for Santa Ana residents. In addition, the School District will hold the City harmless from all liability or claims that may arise at the property during the term of the~a~~=~nt . Agreement for Lease of First and Flower Street Tennis Courts November 17, 2008 Page 2 FISCAL IMPACT There is no fiscal impact associated with the proposed action. ~~~~ ~~ Gerardo Mouet Executive Dire for Parks, Recreation and Community Services Agency 25R-2 DRAFT: FOR DISCUSSION PURPOSES DO NOT RECORD LEASE AND JOINT USE AGREEMENT ["Neal Machander Tennis Center"] BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA UNIFIED SCHOOL DISTRICT This Lease and Joint Use Agreement ("Agreement") is made and entered into this _ day of 2008, by and between the City of .Santa Ana, a charter city and municipal corporation, duly organized and existing under the constitution and laws of the State of California, herein referred to as "Landlord" or "City" and the Santa Ana Unified School District herein referred to as "Tenant" or "District." RECITALS A. On October 4, 1971, the City and District entered into long term lease agreement for the use of the property formerly known as the "Waterworks Park Site," and now commonly known as the "Neal Machander Tennis Center," for use as a Tennis Court facility. A graphical description of said property is attached hereto as Exhibit 1. B. On the same date, October 4, 1971, the City and District entered into long term lease agreement for the use of the property formerly known as "McKinley Elementary School" and now commonly known as "Angel Park." C. Both the Angel Park and Neal Machander Tennis Center leases were drafted and intended to be mutually dependent on each other. D. Prior to this Agreement, the City and District cooperated in the construction, maintenance, operation and use of the Tennis Court facility at the Neal Machander Tennis Center. E. Education Code §§ 10900, et seq. and Education Code §10905, specifically, authorizes the District to cooperate with the City to carry out its purposes in promoting and preserving the health and general welfare of the people of the state and to cultivate the development of good citizenship by providing for adequate programs of community recreation for children and adults. These Education Code sections authorize the District to enter into agreements and to do any and all things necessary or convenient to aid and cooperate in carrying out that purpose. F. Pursuant to its Charter, the City is authorized to convey and lease real property and to enter into cooperative agreements that further the interests of the City. G. This Agreement is intended to continue the lease in place between the City and District in order for the District to be able to maintain the use of the Neal Machander Tennis Center as a Tennis Facility for use by Students and the public. Page 1 of 7 11 /4/2008 25R-3 DRAFT: FOR DISCUSSION PURPOSES DO NOT RECORD H. The City and District desire hereby to delineate their respective rights and duties regarding use, maintenance, and operation of the Neal Machander Tennis Center. NOW, THEREFORE, the City and the District hereby agree as follows: AGREEMENT 1. Premises and Use. Landlord owns the real property located at the corner of First Street and Flower, Santa Ana, California and commonly known as Neal Machander Tennis Center (the "Premises" or "Joint Use Property"). Landlord hereby leases to Tenant the Premises for continued use as a Tennis Facility. Landlord and Tenant intend that the Premises remain subject to Joint Use as specifically described herein. Tenant hereby accepts the Premises in their condition existing as of the Commencement Date of this Agreement. 2. Definitions: The following definitions shall apply to the terms as used in this Agreement: A. "Premises" or "Joint Use Property" shall mean that certain real property and improvements described in Exhibit 1 attached hereto. B. "Joint Use Facilities" shall mean the tennis courts currently on the Joint Use Property including but not limited to the: public restrooms and parking lot. A graphical depiction of the Joint Use Facilities is attached hereto as Exhibit 1. The Joint Use Facilities specifically excludes that portion of the Premises identified as the Reservoir Service Area in Exhibit 1. C. "Technical Advisory Committee" shall mean that certain committee created and appointed by the City Manager of the City and the Superintendent of the District pursuant to the Joint Use Agreement between the parties pertaining to Godinez High School at Centennial Park. The Technical Advisory Committee shall be responsible for resolving conflicts in scheduling of the Joint Use Property or other implementing provisions of this Agreement at the Waterworks Parksite. D. "Regular School Hours" shall mean 6:00 am through 6:00 pm, Monday through Friday (excluding state and national holiday observed by the District) unless changed by agreement of the parties. E. "District Time" shall mean the time during Regular School Hours, when the District shall have the right to schedule use of the Joint Use Facilities. F. "City Time" shall mean those days and hours, outside of Regular School Hours, when the City shall have the right to schedule use of the Joint Use Facilities. 3. Term. The term of this Agreement shall be for a period often (10) years with an option to extend the term of the lease upon providing written notice within six (6) months of expiration of lease. Tenant shall have the right to exercise its option to renew the lease for two Page 2 of 7 11/4/2008 25R-4 DRAFT: FOR DISCUSSION PURPOSES DO NOT RECORD (2) additional ten (10) year terms. Upon expiration of the lease period, the lease will become a month-to-month lease. 4. Consideration. No money exchange is required. The Consideration for this lease is execution of the lease entered into this same date between these same parties for use of the City's property known as Angel Park. Said leases are contingent on the other lease being in effect. If either lease is terminated, for any reason, both leases shall be deemed terminated. 5. District Priority. District shall have the right, without prior consent of the City, to schedule use of the Joint Use Facilities during Regular School Hours for both the regular school year and any summer school. In the event that the District desires to use the Joint Use Facilities outside of Regular School Hours, it agrees that it will reserve the Joint Use Facilities ahead of schedule. 6. City Priority. City shall have the right at its discretion to schedule activities at the Joint Use Facilities, without prior consent of the District, provided (1) that the times are not in conflict with District Time or (2) activities previously approved by the Technical Advisory Committee. City regulations shall be in effect for purposes of any public usage of the tennis facilities. 7. Scheduling Conflicts. In the event that a scheduling conflict arises and the District requires use of the facilities during City Time, the District agrees that it will provide a reasonable relocation site for use by the City. 8. Supervision. The District will be responsible for managing the Joint Use Facilities during Regular School Hours and other District Times. Likewise, the City will be responsible for managing the Joint Use Facilities during City Time. The City shall provide a level of supervision and security commensurate with that provided at City-owned facilities at all times while using the Joint Use Facilities. 9. Conflict Resolution. In the event of any conflict with respect to the scheduling of the Joint Use Facilities, or any other implementing provisions in this Agreement, the Technical Advisory Committee shall be consulted to resolve the dispute. 10. Non Recording. Neither party shall record this Agreement. 11. Authority to Seek Grant Funding. The parties agree that Tenant shall have the right to seek grant funding for future projects and rely on its use and lease of the Neal Machander Tennis Center property as a basis for applying for grant funding. 12. Maintenance and Repair. During Regular School Hours for both the regular school year and any summer school, the Tenant shall, at its sole cost and expense, maintain and repair the Premises including, but not limited to, the removal of all trash, debris, graffiti, as well as janitorial services and any necessary special intensive cleaning. If Tenant causes any damage to the Premises, to the Premises or to access roadways or other nearby facilities, it shall properly repair same as specified by Landlord. All court, landscape, irrigation and structural repairs are Page 3 of 7 11 /4/2008 25R-5 DRAFT: FOR DISCUSSION PURPOSES DO NOT RECORD the responsibility of the District. The District further agrees that it will perform all deferred maintenance, including, but not limited to, resurfacing of the Tennis Courts. 13. Utilities. (a) Landlord shall pay for all electricity and water services furnished to the Premises for the use, operation and maintenance of Tenant's premises during the Term of this Agreement, or any extension thereof, and for the removal of trash from the Premises during the Term of this Agreement, or any extension thereof. (b) Tenant shall have the right to improve the present electrical and telecommunication cabling and outlets and any other such infrastructure that would reasonably be associated with Tenant's intended use of the Premises, all at Tenant's sole cost and expense. 14. Indemnity. (a) District shall defend, indemnify and save and hold harmless City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with District's performance of this Agreement or District's failure to comply with any of District's obligations contained in the Agreement caused by District, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. In the event City is named as codefendant, District shall notify City of such fact and shall represent City in such legal action unless City undertakes to represent itself as codefendant in such legal action, in which case City shall bear its own litigation costs, expenses and attorney's fees. (b) City shall defend, indemnify and save and hold harmless District, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with City's performance of this Agreement or City's failure to comply with any of City's obligations contained in the Agreement caused by City, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of District. In the event District is named as codefendant, City shall notify District of such fact and shall represent District in such legal action unless District undertakes to represent itself as codefendant in such legal action, in which event District shall bear its own litigation costs, expenses and attorney's fees. 15. Insurance. Both the City and the District shall maintain, for the period covered by this Agreement, at their own respective costs, their own respective policy or policies of general liability insurance and property insurance. Each party waives subrogation of its insurance coverage for the other entity. Self-insurance authorized by state law and/or maintained by the City or the District in the regular course of business for its other activities shall satisfy this requirement. Page 4 of 7 11 /4/2008 25R-6 DRAFT: FOR DISCUSSION PURPOSES DO NOT RECORD 16. Assignment. District shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, or encumber this lease or any interest therein, and shall not sublet said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants, and invitees of District excepted) to occupy or use said Premises, or any portion thereof, without the prior written consent of the City. 17. Construction, Removal and Modification of the Leased Premises. The District shall. first seek written authorization from City to modify, demolish or otherwise alter the improvements on the Leased Premises, or to add any new structures or improvements to the Leased Premises. 18. Termination. In the event of any damage, destruction or condemnation of the Premises, which renders the Premises unusable or inoperable in Tenant's judgment, Tenant shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Premises by giving written notice to Landlord within thirty (30) days after such damage, destruction or condemnation. If by virtue of such casualty or condemnation, Tenant determines that the Premises is no longer adequate for Tenant to continue its operations, or any repairs to the Premises have not been completed or cannot reasonably be completed within sixty (60) days from the date of the damage, destruction or condemnation. This Agreement will become null and void. In the event of condemnation, unless Tenant is allowed by the condemning authority to continue its operations in the Premises, this Agreement shall terminate as of the date title to the Premises vests in the condemning authority or Tenant is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to Landlord. 19. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: City of Santa Ana 20 Civic Center Plaza P.O. BOX 1988 Santa Ana, CA 92702 Attn: Clerk of the Council And City of Santa Ana 20 Civic Center Plaza P.O. BOX 1988 Santa Ana, CA 92702 Attn: City Attorney Page 5 of 7 11 /4/2008 25R-7 DRAFT: FOR DISCUSSION PURPOSES DO NOT RECORD If to DISTRICT: Santa Ana Unified School District 1601 E. Chestnut Santa Ana, CA 92701 Attn: Assistant Superintendent of Budget, Facilities and Personnel 20. Incorporation of Recitals and Exhibits. All of the recitals and exhibits set forth in or attached to this Lease are by this reference incorporated in and made a part of this Lease. 21. Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Lease and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Lease or any amendments hereto. 22. Governing Law. This Lease shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California, without regard to conflicts of laws principles. 23. Entire Agreement. This Lease contains the entire understanding of the parties and supersedes any and all other written or oral understanding. No alteration of or amendment to this Lease shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 24. Captions. Any captions or headings to the Sections and subsections in this Lease are solely for the convenience of the parties hereto, are not a part of this Lease, and shall not be used for the interpretation or determination of validity of this Lease or any provision hereof. 25. Severability. If any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Lease shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein. 26. Further Assurances. Each party shall cooperate with the other and shall execute such other documents as may be reasonably necessary to carry out the provisions of this Lease including the providing of estoppel certificates. 27. No Waiver. Any waiver, consent or approval by either party of any breach, default or event of default of any provision, condition or covenant of this Lease must be in writing and shall be effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Lease. Any failure or delay on the part of either party in exercising any power, right or privilege under this Lease shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof. Page 6 of 7 11/4/2008 25R-8 DRAFT: FOR DISCUSSION PURPOSES DO NOT RECORD 28. Rights and Remedies. No right or remedy conferred by any of the specific provisions of this Lease is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. The exercise of any one or more rights or the election of any one or more remedies by any party shall not constitute a waiver of the right to exercise other available rights or pursue other available remedies. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. The "District" Santa Ana Unified School District, apolitical subdivision of the State of California The "City" City of Santa Ana A Charter City By: By: Superintendent By: President of the Board Attest: Attest: By: By: Clerk of the Board David N. Ream City Manager Patricia E. Healy Clerk of the Council Approved as to Form By: Page 7 of 7 25R-9 Joseph W. Fletcher City Attorney Jose Sandoval Managing Senior Assistant City Attorney 11 /4/2008 25R-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: AGREEMENT FOR ANIMAL SHELTER SERVICES WITH THE COUNTY OF ORANGE CI ANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with the County of Orange to provide animal care shelter services for a six-month period effective January 1, 2009 to June 30, 2009, in an amount not to exceed 329,345, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 6, 2003, the Council approved actions for the City's transition of opening its own shelter to the County of Orange Animal Shelter as a contracted service. At that time, City staff evaluated several options to provide animal care shelter services. It was determined that contracting with the Orange County Shelter was the most cost effective means of providing service to the City. To ensure continuity of service throughout the County animal care system, the County has developed a Master Agreement that will renew all agreements annually in July of each fiscal year. Contracting cities have the option of modifying the services to be provided or terminate contracted services by submitting a Notice of Intent by December 31St each year. The total cost of services will be based on actual usage of service. The annual cost for shelter services has been between $500,000 and $600,000. The proposed six-month agreement from January 1 to June 30, 2009 in an amount not to exceed $329,345 is necessary to cover the term between the existing agreement which expires on December 31, 2008 and the beginning of the Master Agreement in July of 2009. 25S-1 Animal Shelter Services November 17, 2008 Page 2 FISCAL IMPACT Funds are available in the Police Department's Animal Services fund account (no. 011-339-6291). C~~~ Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: ~. E ~ -. Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25S-2 1 AGREEMENT FOR PROVISION OF 2 OC ANIMAL CARE SERVICES 3 BETWEEN 4 COUNTY OF ORANGE 5 AND 6 CITY OF SANTA ANA 7 JANUARY 1, 2009 THROUGH JUNE 30, 2009 8 9 THIS AGREEMENT entered into this 1st day of January 2009, which date is enumerated for 10 purposes of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the 11 State of California (COUNTY) and the CITY OF SANTA ANA, a municipal corporation (CITY). This 12 Agreement shall be administered by County of Orange OC Community Resources 13 (ADMINISTRATOR). 14 15 WITNESSETH: 16 17 WHEREAS, CITY wishes to contract with COUNTY for the provision of the OC Animal Care 18 Services described herein; and 19 WHEREAS, COUNTY is willing and able to provide such services on the terms and conditions 20 hereinafter set forth: 21 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 3 5 // 36 // 37 // 25S-3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 CONTENTS PARAGRAPH Title Page ................................................................................. Contents ................................................................................... Referenced Contract Provisions .............................................. I. Alteration of Terms ................................................................. II. Indemnification and Insurance ................................................ III. Notices ..................................................................................... IV. Severability .............................................................................. V Status of the Parties PAGE ........................................ 1 ........................................ 2 ........................................ 3 ........................................ 4 ........................................ 4 ........................................ 5 . ............................................................................... VI. Term ....................................................................................................... VII. Termination ........................................................................................... VIII. Third Party Beneficiary ......................................................................... IX. Waiver of Default or Breach ................................................................. Signature Page ....................................................................................... EXHIBIT A I. Definitions .............................................................................................. II. Services to be Provided by County ........................................................ III. Payments ................................................................................................. IV. FinanciaUOperational Advisory Board .................................................. V. Laws and Regulations ............................................................................ VI. Reports .................................................................................................... VII. Records ................................................................................................... EXHIBIT B Animal Care Notice of Intent // // // // // // // // Santa Ana ~ ~ Of 7 Z:\ASR\08-001795 OC Animal Caze Master Agreement\Ani }C Master.Doc ........................ 5 ........................ 5 ........................ 6 ........................ 6 ........................ 6 ........................ 6 ........................ 7 ................................ 1 ................................ 1 ................................ 4 ................................ 4 ................................ 5 ................................ 6 ................................ 6 .......................... 1Page ACS 1 CRAKKoo 1 REFERENCED CONTRACT PROVISIONS 2 3 Term: JANUARY 1, 2009 through JUNE 30, 2009 4 5 Notices to COUNTY and CITY: 6 7 COUN TY: County of Orange 8 OC Community Resources Director's Office 9 1770 North Broadway 10 Santa Ana, CA 92706-2642 11 and 12 County of Orange 13 OC Community Resources 14 OC Animal Care Director 561 The City Drive South 15 Orange, CA 92868 16 17 1 g CITY: Cathy Standiford 19 Assistant City Manager City of Santa Ana 20 20 Civic Center Plaza 21 Santa Ana, CA 92701 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 3 3 // 34 // 3 5 // 36 // 3 7 // Santa Ana ~ ~ ~ of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Ani }C. Master.Doc ACSICRAKKoo 1 I. ALTERATION OF TERMS 2 This Agreement, together with Exhibit A and B, attached hereto and incorporated herein by 3 reference, fully expresses all understanding of COUNTY and CITY with respect to the subject matter of 4 this Agreement, and shall constitute the total Agreement between the parties for these purposes. No 5 addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless 6 made in writing and formally approved and executed by both COUNTY and CITY. 7 g II. INDEMNIFICATION AND INSURANCE 9 A. CITY agrees to indemnify, defend and hold COUNTY, its elected and appointed officials, 10 officers, employees, agents and those special districts and agencies for which COUNTY'S Board of 11 Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from any claims, 12 demands, including defense costs, or liability of any kind or nature, including but not limited to personal 13 injury or property damage, arising from or related to the services, products or other performance 14 provided by CITY pursuant to this Agreement. If judgment is entered against CITY and COUNTY by a 15 court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY 16 iNDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the 1'7 court. Neither party shall request a jury apportionment. 1 g B. COUNTY agrees to indemnify, defend and hold CITY, its elected and appointed officers, 19 employees, agents, directors, members, shareholders and/or affiliates harmless from any claims, 2p demands, including defense costs, or liability of any kind or nature, including but not limited to, 21 personal injury or property damage, arising from or related to the services, products or other 22 performance provided by COUNTY pursuant to this Agreement. If judgment is entered against 23 COUNTY and CITY by a court of competent jurisdiction because of the concurrent active negligence of 24 CITY, COUNTY and CITY agree that liability will be apportioned as determined by the court. Neither 25 party shall request a jury apportionment. 26 C. Each party agrees to provide the indemnifying party with written notification of any claim 27 related to services provided by either party pursuant to this Agreement within thirty (30) calendar days 2g of notice thereof, and in the event the indemnifying party is subsequently named party to the litigation, 29 each party shall cooperate with the indemnifying party in its defense. 30 D. Without limiting CITY'S indemnification, CITY warrants that it is self-insured or shall maintain 31 in force at all times during the term of this Agreement, the policy or policies of insurance covering its 32 operations, placed with reputable insurance companies. Upon request by ADMINISTRATOR, CITY 33 shall provide evidence of such insurance. 34 E. Without limiting COUNTY's indemnification, COUNTY warrants that it is self-insured or shall 35 maintain in force at all times during the term of this Agreement, the policy or policies of insurance 36 covering its operations, placed with reputable insurance companies. Upon request by CITY, COUNTY 3'7 shall provide evidence of such insurance. Santa Ana ~ ~~ ~ Of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Ani t4i Master.Doc ACSICRAKKoo 1 III. NOTICES 2 A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements 3 authorized or required by this Agreement shall be effective: 4 1. When written and deposited in the United States mail, first class postage prepaid and 5 addressed as specified on Page 3 of this Agreement or otherwise directed by ADMINISTRATOR or 6 CITY; ~ 2. When FAXed, transmission confirmed; g 3. When sent by electronic mail; or 9 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel 10 Service, or other expedited delivery service. 11 B. Termination Notices shall be addressed as specified on Page 3 of this Agreement or as 12 otherwise directed by ADMINISTRATOR or CITY and shall be effective when FAXed, transmission 13 confirmed, or when accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel 14 Service, or other expedited delivery service. 15 C. Each party shall notify the other party, in writing, within twenty-four (24) hours of becoming 16 aware of any occurrence of a serious nature, which may expose either party to liability. Such 1'7 occurrences shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or 1 g damage to any COUNTY property in possession of CITY. 19 D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by 20 ADMINISTRATOR. 21 22 IV. SEVERABILITY 23 If a court of competent jurisdiction declares any provision of this Agreement or application thereof 24 to any person or circumstances to be invalid or if any provision of this Agreement contravenes any 25 federal, state, or county statute, ordinance, or regulation, the remaining provisions of this Agreement or 26 the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain 2'7 in full force and effect, and to that extent the provisions of this Agreement are severable. 28 29 V. STATUS OF THE PARTIES 30 Each party is, and shall at all times be deemed to be, an independent contractor and shall be wholly 31 responsible for the manner in which it performs the services required of it by the terms of this 32 Agreement. Each party is entirely responsible for compensating staff and consultants employed by that 33 party. This Agreement shall not be construed as creating the relationship of employer and employee, or 34 principal and agent, between COUNTY and CITY or any of either party's employees, agents, 35 consultants, or subcontractors. Each party assumes exclusively the responsibility for the acts of its 36 employees, agents, consultants, or subcontractors as they relate to the services to be provided during the 3'7 course and scope of their employment. Each party, its agents, employees, or subcontractors, shall not be Santa Ana ~ ~~ ~ Of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Ani ~~ s Master.Doc ACSICRAKKoo 1 entitled to any rights or privileges of the other party's employees and shall not be considered in any 2 manner to be employees of the other party. 3 4 VI. TERM 5 A. The term of this Agreement shall commence as specified on Page 3 of this Agreement. 6 B. The term of this Agreement shall be automatically renewed each July for twelve (12) additional 7 months, provided no notice of termination has been given by either CITY or COUNTY in accordance g with the Termination paragraph of this Agreement. 9 10 VII. TERMINATION 11 A. Either party may terminate this Agreement, without cause, upon six (6) months written notice 12 given to other party. 13 B. Both parties shall be obligated to perform such duties as would normally extend beyond this 14 term, including but not limited to, obligations with respect to confidentiality, indemnification, audits, 15 reporting and accounting. 16 C. Any obligation of COUNTY under this Agreement is contingent upon the inclusion of sufficient 17 funding for the services hereunder in the applicable budgets approved by the Board of Supervisors. In 1 g the event such funding is subsequently reduced or terminated, COUNTY may terminate this Agreement 19 upon thirty (30) calendar days written notice given to CITY. 20 21 VIII. THIRD PARTY BENEFICIARY 22 Neither party hereto intends that this Agreement shall create rights hereunder in third parties 23 including, but not limited to, any subcontractors or any clients provided services hereunder. 24 25 IX. WAIVER OF DEFAULT OR BREACH 26 Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any 27 breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach. 28 Waiver of any default or any breach shall not be considered a modification of the terms of this 29 Agreement. 30 ~~ 31 ~~ 32 ~~ 33 ~~ 34 ~~ 3 5 ~~ 36 ~~ 37 ~~ Santa Ana ~~ ~Of 7 Z:\ASR\08-001795 OC Animal Care Master Agreement\Ani t4i Master.Doc ACSICRAKKoo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3 7 IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, State of California. CITY OF SANTA ANA , a municipal corporation BY: CITY MANAGER ATTEST: BY: CITY CLERK APPROVED AS TO FORM: r s '4 i Y s ~ ,'! ~ ~ CITY ATTORNEY - •1v~' i~~c~.~a-,r COUNTY OF ORANGE BY: TITLE: APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA DATED: DATED: DATED: +~ I'y~='! G DATED: BY: ~ DATED: SGT Z~-o~ DEPUTY Santa Ana ~ ~~ ~ Of 7 Z:\P.SR\08-001795 CSC Animal Caze Master Agreement\Ani ~ Master.Doc ACS 1 CRAKKoo 1 EXHIBIT A 2 TO AGREEMENT FOR PROVISION OF 3 OC ANIMAL CARE SERVICES 4 WITH 5 CITY OF SANTA ANA 6 JANUARY 1, 2009 THROUGH JUNE 30, 2009 7 g I. DEFINITIONS 9 10 A. "Actual Cost" means all COUNTY expenditures, including indirect charges, for providing 11 Animal Care Services to CITY pursuant to this Agreement. 12 B. "Animal Care Notice of Intent" means the document, signed by authorized representatives of 13 COUNTY and CITY, which specifies all Animal Care Services COUNTY intends to provide to CITY, 14 the estimated cost of the services, and the effective date. 15 C. "Animal Care Service(s)" means one or more service to be provided by COUNTY to CITY, as 16 specified, by category, in Paragraph II.B. of Exhibit A to this Agreement. 1'7 D. "Fee Revenue" means revenue collected by COUNTY for Animal Care Services provided by 1 g COUNTY to CITY pursuant to this Agreement. 19 E. "Fiscal Year" means a twelve (12)-month period from July through June. 20 F. "Net Cost" means Actual Cost minus Fee Revenue. 21 G. "Service Details" mean the activities performed by COUNTY within an Animal Care Service 22 category. 23 24 II. SERVICES TO BE PROVIDED BY COUNTY 25 A. ANIMAL CARE NOTICE OF INTENT 26 1. Annually, by March 1, CITY shall identify which of the Animal Care Services, specified 2~ below in subparagraph II.B. of Exhibit A to this Agreement, CITY would like COUNTY to provide 2g during the next Fiscal Year. 29 2. Annually, by April 1, COUNTY shall prepare and send to CITY an Animal Care Notice of 30 Intent which shall include, but not be limited to, a list of Animal Care Services COUNTY agrees to 31 provide, estimated costs for said services, and the start date for those services. COUNTY shall provide 32 the Animal Care Services specified in the Animal Care Notice of Intent signed by both 33 ADMINISTRATOR or designee, and an authorized representative of CITY. 34 3. Upon mutual agreement of CITY and COUNTY, COUNTY may prepare a new or amended 35 Animal Care Notice of Intent at any time, may change due dates specified in subparagraph II.A.1. and 36 II.A.2. of Exhibit A to this Agreement, and may modify the format of the Animal Care Notice of Intent 3'7 attached to this Agreement as Exhibit B. Santa Ana ~~ y~ 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Caze Master AgreementWni ~ster.Doc ACS 1CRAKKoo 1 B. ANIMAL CARE SERVICES -COUNTY provides the following seven (7) categories of 2 Animal Care Services. Each category of service includes Service Details which may be added or 3 changed by ADMINISTRATOR upon six (6) months prior notification to CITY. COUNTY shall 4 provide to CITY the Animal Care Services specified on the most current, Animal Care Notice of Intent 5 for the Fiscal Year, signed in accordance with subparagraph II.A.2. of this Exhibit A to the Agreement. 6 1. ANIMAL CONTROL SERVICES -Animal Control Services include, but are not limited '7 to, emergency response service; patrolling; impounding of stray animals and of owner-released animals; g animal cruelty investigations; animal bite investigations; citation issuance; field release to owner and 9 impound fee collection for impounded animals; quarantine activities including home checks of animals 10 involved in bites; site inspections required to comply with vicious dog ordinances; emergency 11 transportation of injured, impounded animals to a veterinarian; impounding of deceased animals for 12 disposal; responses to requests for assistance from law enforcement and CITY officials regarding 13 suspected criminal activities or zoning violations related to animals; advice to residents regarding 14 wildlife management or other animal concerns, not to include wildlife eradication or relocation services; 15 injured wildlife pick-up; animal license issuance and renewal, fee collection and payment services; 16 customer support regarding animal licensing; animal license billing; and delinquent animal license 1'7 follow-up; assistance to residents regarding potentially dangerous and/or vicious animals; impound data 1 g entry; and impound animal photography. 19 2. ANIMAL CARE SPECIAL SERVICES 20 a. Animal Care Special Services include, but are not limited to animal license issuance 21 and renewal; fee collection and payment services; customer support regarding animal licensing; animal 22 license billing; delinquent animal license follow-up; animal field canvassing to locate and license 23 unlicensed animals; inspection of animal-related businesses in CITY jurisdiction in response to 24 complaints and in accordance with COUNTY established inspection schedules; and when applicable, 25 issuance of animal permits for private homes. 26 b. The number of hours of canvassing provided to CITY by COUNTY will be prorated 27 based on available canvassing hours and CITY percentage of costs of Animal Care Services received by 28 CITY during the previous Fiscal Year. At sole discretion of COUNTY, COUNTY may provide 29 canvassing services to cities that did not receive canvassing services in the previous Fiscal Year. 30 COUNTY may change its methodology for allocating canvassing hours upon six (6) months prior 31 notification to cities. 32 3. ANIMAL CARE SHELTER SERVICES 33 a. Animal Care Shelter Services include, but are not limited to, retention of impounded 34 animals at COUNTY'S Animal Care Shelter (Shelter), public display of animals to allow owner 35 identification; contact of owners when animals are wearing identification; sale or release of impounded 36 animals to residents; animal evaluation for adoption; reasonable effort toward animal placement; public 3~ education; volunteer services; rescue group coordination; euthanasia and disposal of animals that are santa Ana ~~ ~f 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Care Master Agreement\Ani 1~ster.Doc ACSICRAKKoo 1 neither redeemed nor adopted; veterinary services and spay/neuter surgeries consistent with standards 2 established by the California Veterinary Medical Board; and necropsies on animals that die under 3 suspicious circumstances or at the request of law enforcement. 4 b. CITY may request additional retention days for healthy, non-aggressive impounded 5 animals. Additional retention days will be offered to CITY upon written approval by COUNTY's 6 OC Community Resources Director, or designee, on a space available basis only. '7 c. COUNTY agrees to maintain its Shelter in a humane manner, keep said premises in a g clean condition at all times, and use humane methods of care. 9 d. No animals may be donated, sold or otherwise released for the purposes of 10 experimentation, research or vivisection. 11 4. BARKING DOG COMPLAINT SERVICES -Barking Dog Compliant Services include, 12 but are not limited to, receipt of barking dog complaints from residents, customer assistance regarding 13 barking dog complaints, issuance of citations, and administrative hearings in response to complaints 14 received by COUNTY for barking dogs within jurisdiction of CITY. 15 5. STANDARD LICENSING SERVICES -Standard Licensing Services include, but are not 16 limited to, animal license issuance and renewal, fee collection and payment services; customer support 1 ~ regarding animal licensing; animal license billing; and delinquent animal license follow-up. 1 g 6. CITY LICENSE SERVICES 19 a. City License Services include, but are not limited to, issuance of CITY animal licenses 20 at the time of adoption or redemption by owners. CITY shall provide CITY licensing tags to COUNTY. 21 COUNTY shall provide quarterly licensing reports to CITY. 22 b. CITY shall make its best effort to provide updated animal licensing information to 23 COUNTY. 24 7. ANIMAL IMPOUND SERVICES -Animal Impound Services include, but are not limited 25 to, data entry of impound information for each live or deceased animal from CITY, impound animal 26 photography for each live animal, owner notification of impounded animal, and posting of animal 27 photographs on COUNTY website. COUNTY shall receive CITY animals at Shelter at times arranged 2g by COUNTY. 29 C. COUNTY shall notify CITY of COUNTY's hours of operation for Animal Care Services. 30 COUNTY may adjust hours of operation for Animal Care Services upon ninety (90) calendar days prior 31 notification given to CITY. 32 D. Animals which are being retained for criminal prosecutions, except for violations of animal 33 control regulations and/or ordinances pursuant to this Agreement, are not to be construed as held 34 pursuant to the services provided under this Agreement; housing will be provided at the discretion of 35 COUNTY and at COUNTY's usual and customary charges for such housing. 36 E. To facilitate the performance of services, COUNTY shall have full cooperation and assistance 37 from CITY, its officers, agents and employees. Santa Ana ~~ y~ 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Caze Master Agreement\Ani ter.Doc ACSICRAKKoo 1 III. PAYMENTS 2 A. BASIS FOR PAYMENT 3 1. CITY shall pay COUNTY the Net Cost of providing Animal Care Services specified in 4 Animal Care Notice of Intent for CITY signed in accordance with subparagraph II.A. CITY Net Costs 5 may include services/supplies procured but not yet delivered within the Fiscal Year. 6 2. The methodology for determining CITY's Actual Cost of Animal Care Services shall be '7 provided to CITY annually in accordance with the Reports paragraph of this Agreement. The most g recent animal care services fees approved by the County of Orange Board of Supervisors shall be used in 9 determining CITY's Actual Cost of Animal Care Services. 10 3. COUNTY shall record and retain all Fee Revenue derived from providing Animal Care 11 Services to CITY. CITY's Fee Revenue shall be credited to CITY's Actual Cost of Animal Care 12 Services. COUNTY shall have all fee collection powers of CITY and shall receive full cooperation 13 from CITY to enable efficient enforcement of fee collection. 14 B. PAYMENT SCHEDULE 15 1. Each Fiscal Year, CITY shall pay COUNTY in arrears for the Net Cost of Animal Care 16 Services provided in accordance with the following payment schedule. Billings are due from COUNTY 1'7 to CITY within thirty (30) calendar days following the three-month Period specified below. 18 19 Period Billing Due Payment Due 20 July 1 through September 30 October 30 November 25 21 October 1 through December 31 January 30 February 25 22 January 1 through March 31 Apri130 May 25 23 April 1 through June 30 July 30 August 25 24 25 2. If payment is not received by COUNTY by the payment due date specified above in 26 subparagraph IILB. of Exhibit A to this Agreement, COUNTY may cease providing any further service 2'7 under this Agreement and may satisfy the indebtedness in any manner prescribed by law. 28 3. COUNTY may modify the payment schedule upon six (6) months written notification to CITY. 29 30 IV. FINANCIAL/OPERATIONAL ADVISORY BOARD 31 The parties agree that there shall be a Financial/Operational Advisory Board to advise COUNTY'S 32 Director of OC Animal Care on financial and operational matters, to assess cost options, and to 33 communicate with the Orange County City Managers Association. The Financial/Operational Advisory 34 Board shall be made up of seven (7) members, six (6) members appointed by the Orange County City 35 Managers Association and one (1) member appointed by COUNTY. COUNTY may change the 36 membership configuration of the Financial/Operation Advisory Board upon twelve (12) months written 3'7 notification to CITY. santaAna ~~6 EXHIBIT A Z:\ASR\08-001795 OC Animal Caze Master Agreement\Ani ter.Doc ACSICRAKKoo 1 V. LAWS AND REGULATIONS 2 A. COUNTY shall comply with all applicable governmental laws, regulations, and requirements 3 related to Animal Care Services, as they exist now or may be hereafter amended or changed and shall 4 enforce federal and state statutes deemed applicable to CITY by COUNTY. Animal Care Services 5 provided by COUNTY to CITY may be changed to comply with said laws, regulations, and 6 requirements. ADMINISTRATOR will make its best efforts to notify CITY of changes that may impact 7 Animal Care Services provided through this Agreement. g B. Upon mutual agreement between COUNTY and CITY, COUNTY will continue to enforce 9 existing animal care ordinances that COUNTY enforced within CITY jurisdiction during the period 10 July 1, 2007 through June 30, 2008. If COUNTY did not contract with CITY for animal care services 11 during the period July 1, 2007 through June 30, 2008, COUNTY and CITY shall identify CITY animal 12 care ordinances that can be enforced by COUNTY. 13 C. For each Animal Care Service that COUNTY agrees to provide to CITY in an Animal Care 14 Notice of Intent, CITY shall enact and maintain in full force and effect ordinances identical to COUNTY 15 ordinances which apply to said service, including but not limited to, those related to fees. 16 ADMINISTRATOR shall notify CITY of the deadline for adopting said ordinances. If COUNTY is 17 unable to enforce an animal care ordinance because of the limitations of a CITY ordinance or failure of 1 g CITY to adopt identical ordinances related to an Animal Care Service, COUNTY may suspend 19 provision of one or all Animal Care Services to CITY or may terminate this Agreement. 20 D. At the sole discretion of COUNTY, COUNTY may waive CITY enactment and maintenance of 21 COUNTY animal care ordinances. COUNTY may enforce the provisions of, and issue citations for 22 violations pursuant to, CITY's codified ordinances. 23 E. CITY shall notify COUNTY of its intent to add, amend, or delete any CITY animal care 24 ordinance at least ninety (90) calendar days in advance of its addition, amendment, or deletion. 25 F. CITY may request that specific ordinances adopted by COUNTY not be enforced in CITY. 26 Requests for exclusion must be submitted in writing and received by COUNTY ninety (90) calendar 27 days prior to the requested exclusion. Requests for exclusion will only be considered by COUNTY if 28 they are not in conflict with state statutes and do not endanger public health. COUNTY shall notify 29 CITY, in writing, of COUNTY'S decision regarding the requested exclusion. 30 G. COUNTY's OC Community Resources Director, or designee, may provide assistance to CITY 31 in defining the manner in which enforcement of a new or amended animal care ordinance would be 32 provided by COUNTY. Requests for assistance must be made in writing and received by COUNTY 33 ninety (90) calendar days prior to the requested implementation of the service. If the cost of such service 34 can be delineated and accommodated by COUNTY, COUNTY will send an amended Animal Care 35 Notice of Intent to CITY which will include reference to the CITY ordinance. 36 H. CITY will reimburse COUNTY for ordinance enforcement, as specified in the Payments 37 Paragraph of this Agreement. santa Ana ~~ of 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Care Master Agreement\Ani 1~ter.Doc ACS 1 CRAKKoo 1 VI. REPORTS 2 A. Each Fiscal Year, COUNTY shall provide to CITY written, quarterly reports of Animal Care 3 Services revenue and expenses for each period specified below. Said reports will be due to CITY within 4 thirty (30) calendar days of the month following the reporting period, in accordance with the schedule 5 below: 6 7 Period Reports Due g July 1 through September 30 October 30 9 October 1 through December 31 January 30 10 January 1 through March 31 Apri130 11 April 1 through June 30 July 30 12 13 B. Each Fiscal Year, COUNTY shall provide the following Animal Care Services reports to CITY 14 by July 30: 15 1. A payment methodology report for Animal Care Services to be provided by COUNTY 16 during the next Fiscal Year and 17 2. A Fiscal Year intake and outcome report. 1 g C. COUNTY may change the due dates for reports specified in subparagraphs VLA. and VLB. 19 above upon six (6) months written notification to CITY. 20 21 VII. RECORDS 22 A. All records created or received by COUNTY in accordance with the performance of COUNTY 23 services pursuant to this Agreement are confidential. COUNTY agrees to keep said records in such 24 form and manner as the Auditor-Controller of COUNTY shall specify. Said records shall be open for 25 examination by CITY at all reasonable times. 26 B. Once each Fiscal Year, COUNTY shall deliver to CITY only the addresses of each CITY licensed 27 animal upon demand without additional expense or cost to CITY. Any such information requested which 28 is confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to 29 government code. Prior to each disclosure, CITY agrees to complete and return to COUNTY a 30 "Confidentiality Agreement" on a form approved or provided by COUNTY. The parties agree and 31 understand that this procedure is required by the Public Records Act and necessitated to permit CITY to 32 obtain the information required for its use, and to allow COUNTY to disclose said information. Upon 33 receipt by COUNTY, the records requested may be released to the extent COUNTY is in possession of 34 such records, and permitted by state law to disclose them voluntarily. 35 ~~ 3 6 ~~ 37 ~~ santaAna ~~ c ~ Qf, 6 EXHIBIT A Z:\ASR\08-001795 OC Animal Caze Master Agreement\Ani `~e~'~wc i~ter.Doc ACSICRAKKoo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF SANTA ANA JANUARY 1, 2009 THROUGH JUNE 30, 2009 ANIMAL CARE NOTICE OF INTENT This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: January 1, 2009 through June 30, 2009. COUNTY agrees to provide to the City of Santa Ana the following Animal Care Services beginning January 1, 2009: Animal Care Shelter Services Animal Impound Services The total estimated cost for Animal Care Services specified above is $329,345. ® This is a new Animal Care Notice of Intent for the Period indicated above. ^ This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated above. Significant Changes Since the Previous Animal Care Notice of Intent: To the best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY. City of Santa Ana Representative and Title OC Animal Care Director Santa Ana ~~ 1 Z:\ASR\08-001795 OC Animal Caze Master Agreement\Ani ter.Doc Date Date EXHIBIT B ACS 1 CRAKKoo REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: AGREEMENT WITH OMEGA GROUP, INC.FOR PURCHASE OF THE CRIMEMAPPING.COM APPLICATION CI MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Omega Group, Inc. for the purchase of Omega's CrimeView application, Crimemapping.com, and the maintenance and installation of such application, for a one-year period, in an amount not to exceed $30,290, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On July 3, 2003, Council approved an agreement by which the City of Santa Ana purchased software licenses, and maintenance for Omega's CrimeView software application. Omega has recently developed a web-based version of the CrimeView application, Crimemapping.com, which the City desires to purchase and which Omega agrees to install and maintain. CrimeView is essential to law enforcement agencies that are committed to Community Oriented Policing, Problem Solving and CompStat management. This application allows agencies to geographically view and analyze data from their RMS (Records Management System), CAD (Computer Aided Dispatch) and known-offender data sets. Users can map, analyze, and report crime incidents by type, proximity, or other search criteria. FISCAL IMPACT Funds are available in the Police Department's, Computer Services account (no. 11-338-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police Police Department Francisco Gutierrez Lam" ~j,f Executive Director 2 5T-1 Finance & Mgmt. Services Agency CRIME MAPPING. COM HOSTING AGREEMENT THIS AGREEMENT is entered into on November 17, 2008, by and between The Omega Group, Inc., a California corporation ("Omega") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Contract A-2003-224, dated July 1, 2003, by which City purchased software licenses, and maintenance for Omega's CrimeView software application. B. Omega has developed a web-based version of the CrimeView application, Crimemapping.com, which the City desires to purchase and which Omega agrees to install and maintain. C. Omega retains all necessary proprietary rights, patents or and copyrights required to perform the services detailed in this Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES A. Host Crimemappin~.com website. Omega will provide dedicated or shared server computers, with an Internet address for storage and access of City's content, and the Crimemapping.com website, as set forth in Exhibit A, attached hereto and incorporated by this reference. B. Conversion services Omega shall provide conversion services from the CrimeView Desktop application to ArcGIS 9.X Application, as set forth in Exhibit B, attached hereto and incorporated by this reference. 2. COMPENSATION Omega shall host Crimemapping.com for an annual fee of $2,880.00. Omega conversion services, and license fees, shall not exceed $30,290.00, as set forth in Exhibit B, attached hereto. Payment by City shall be made within thirty (30) days following receipt of proper invoice, evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 25T-2 3. TERM This Agreement shall commence on the date first above written. Maintenance services shall commence on completion of all conversion services. The parties shall set forth, in writing, the commencement date of maintenance services, which shall continue for a one year period from that date. Maintenance services may be extended for additional one-year periods, upon the written agreement of the parties. 4. INDEPENDENT CONTRACTOR Omega 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 anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Omega performs the services which are the subject matter of this Agreement; however, the services to be provided by Omega shall be provided in a manner consistent with all applicable standards and regulations governing such services. Omega 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. INDEMNIFICATION Omega shall hold and keep harmless the City and all officers, employees, volunteers and agents thereof from damages, costs or expenses in law or equity that may at any time arise or be set up because of injuries to or death of persons or damage to, loss, or theft of property, including City's personnel and property, or from any claim that Omega's services or products infringe a proprietary right, patent or copyright arising by reason of, or in the course of, Omega's or Omega's contractors, subcontractors, agents, employees, or other persons acting on their behalf's negligent performance of this contract; arising out of Omega's or Omega's contractors, subcontractors, agents, employees, or other persons acting on their behalf's performance of this contract, and Omega, at its own expense, cost and risk, shall defend, with counsel appointed by City, any and all actions, suits or other legal proceedings that may be brought or instituted against the City or officers, employees, volunteers or agents thereof on any such claim or demand, and pay or satisfy any judgment that may be rendered against the City or officers, employees, volunteers or agents thereof in any such action, suit or legal proceedings. City may make all reasonable decisions with respect to its representation in any legal proceeding. 6. CONFIDENTIALITY If Omega receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Omega 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 25T-3 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 Omega disclosed in a publicly available source; (c) is in rightful possession of Omega without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by Omega without reference to information disclosed by the City. 7. CONFLICT OF INTEREST CLAUSE Omega 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. 8. 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: Chief of Police City of Santa Ana 60 Civic Center Plaza (M-18) Santa Ana, California 92702 telefacsimile 714-245-8097 Attn: Robert Brekenfeld To Omega: The Omega Group 5160 Carroll Canyon Rd., 1St Floor San Diego, California 92121 telefacsimile 858-450-0239 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile 25T-4 machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement regarding maintenance and support of the system between the City and Omega, and supersedes any and all other agreements, oral or written, between the parties regarding the same subject. 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 Omega nor the City. 10. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Omega, Omega 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. 11. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. In such event, Omega shall be entitled to receive and the City shall pay Omega compensation for all services performed by Omega prior to receipt of such notice of termination. 12. DISCRIMINATION Omega 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. Omega affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. 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. 25T-5 14. PROFESSIONAL LICENSES Omega 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. 15. 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 on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney DAVID N. REAM City Manager RECOMMENDED FOR APPROVAL: THE OMEGA GROUP PAUL M. WALTERS Chief of Police (NAME) (Title) 25T-6 .,~ ~~~, Santa Ana Police Department The Omega Group, Inc. CrimeMapping.com July 23, 2008 CrimeMaupin~.com (Hosted) The Omega Group hosts CrimeMapping.com, using Google Maps under a one or two year contractual commitment. There are no hardware or setup costs for choosing the CrimeMapping.com solution. The tasks below are related to the development and deployment of your customized CrimeMapping.com application using Google Maps. After go-live, there will be a thirty (30) day trial period to test the application. After the trial period expires, the Client will begin paying a monthly or annual hosting fee. Professional Services: No Char e Task 1 CrimeMapping.com Project Planning • Identify data source for incident data • Identify data fields from incident reports to be displayed in CrimeMapping.com Task 2 CrimeMapping Development and Deployment • Set up Import Wizard -CrimeMapping (CM) Layer Output • Set up Omega Extractor -Server Preparation • Set up Omega Extractor -Client Installation • Set up Omega Extractor -Automation • Test CrimeMapping.com application functionality Hosting Fee• The Omega Group will host the application for a period of 1 or 2 years, beginning on the go live date of the application. Hosting Fees are as follows: Monthly Payments: $250.00 per month, or Annual Payments: $2,880.00 per year NON-DISCLOSURE This estimate has been prepared by the sales division of The Omega Group and is a confidential document that contains ideas, concepts, methods and other proprietary information. Readers are to treat the information contained herein as confidential and may not copy or reproduce any of these materials for distribution outside of their organization without the written permission of The Omega Group. The Quote will remain valid for budgetary purposes only for up to 6 months from the date of creation. Project Description The Omega Group will set up an automated export of crime data to the hosted CrimeMapping.com application. The data will be cleaned and geocoded at the client site, and then exported via a web service transmission to The Omega Group's hosting facility. 2 25T-7 ~~ .~~ ~~' Santa Ana Police Department The Omega Group, Inc. CrimeMapping.com July 23, 2008 Data Flow The diagram below depicts the data flow from the Law Enforcement Databases to the CrimeMapping.com application. ATTACHMENT 1 25T-8 CRIMEVIEW Santa Ana Police Department The Omega Group, Inc. California Exhibit A ® CrimeView `Conversion' July 23, 2008 Proiect Estimate The Package total is estimated at $30,290.00. This estimate includes connections made to both the CAD and RMS database systems. It assumes that there will be 1 connection to the CAD and up to 3 connections to the RMS. Connections are made to extract datasets that are commonly queried (i.e. Incident Reports, Arrestees, Citations, Warrants, etc...) At this time it is unclear how many connections may be needed, however three connections to the RMS should be sufficient in accommodating the majority of data requests made by the end-user. If the client opts to connect to the CAD system only, the project scope and price will be adjusted to $22,865.00. Software: $2,970.00 Omega software includes one (1) year of maintenance. Omega Software: Six (6) licensed copies of CrimeView 4.2, upgrade version $2,970.00 One (1) licensed copy of The Omega Import Wizard No Cost For each licensed copy of CrimeView the following ESRI software license(s) will be required: • ArcView 9.2, single or concurrent use license. • Spatial Analyst 9.2, single or concurrent use license For the license of Import Wizard the following ESRI software license(s) will be required: • ArcView 9.2, single or concurrent use license, or ArcEditor or ArcInfo* * ArcEditor or ArcInfo will be required if the agency utilizes ESRI's ArcSDE to manage the incident datasets. Please contact Omega if you need to include ESRI Software i~our purchase of CrimeView Maintenance: $2 495.00 • One (1) year of Annual Maintenance* * Client is no longer current under the Omega Suppor[ Plan. Client will begin new maintenance plan, and will commence upon completion of Task 4 (below) Professional Services (Per Task): $24,825.00 Task 1 Project Planning and Data Collection $5,075.00 • Identify GIS map layers and design preferences • Identify source tabular data from RMS and CAD • Collect base map GIS data layers • Connect to records data source, extract sample datasets and send output profiles to Omega using Import Wizard • Collect lookup tables x 5~,~r 25T-9 - ~ ~~~, CRIMEVIEW„ Santa Ana Police Department The Omega Group, Inc. California Exhibit A CrimeView `Conversion' July 23, 2008 Task 2 Application Development $8,555.00 • Add GIS layers to map document and create address locators • Develop and configure data import profiles. Up to four (4) profiles are included • Create Saved Queries database and design Crystal Report templates • Add Omega functionality and other customizations to GIS application • Test application functionality • Develop training documents Task 3 Application Deployment (At Client Site) $9, 455.00 Task 4 • CrimeView Desktop Installation: Up to eight (8) hours on-site. One (1) Omega personnel. o Install and configure data import profiles on import machine o Test import profiles and import historical data o Schedule automated data import process o Install and configure OmegaGIS application on user machines • CrimeView Desktop On-site training: Sixteen (16) hours on-site for seven (7) persons, Two (2) Omega personnel. • Travel for The Omega group: Two (2) staff members to provide installation and training for one (1) trip Finishing Application Design $1, 740.00 • Edit and Customize Import Profiles, Saved Queries, Crystal Report Templates and Application Style, per user feedback. • Test Application Functionality NON-DISCLOSURE This document has been prepared by the sales division of The Omega Group and is a confidential document that contains ideas, concepts, methods and other proprietary information. Readers are to treat the information contained herein as confidential and may not copy or reproduce any of these materials for distribution outside of their organization without the written permission of The Omega Group. The estimate will remain valid for 3 months from the date on the estimate for Omega Software and Services only. End of Estimate Payment Schedule In consideration of the services to be performed by Omega, Omega shall be entitled to compensation in the total amount of $30,290.00. The payment schedule is as follows: • Thirty percent $9,087.00 of the total amount due upon execution of an (30%) agreement and/or issuance of a Purchase Order • Thirty percent $9,087.00 Of the total amount due upon delivery CrimeView (30%) Desktop Software • Thirty percent $9,087.00 of the total amount due upon completion of (30%) CrimeView® Desktop Deployment • Ten Percent (10%) $3,029.00 of the total amount due thirty (30) days after completion of services 4 25T-10 CRIMEvIEW, Santa Ana Police Department The Omega Group, Inc. California Exhibit A ® __CrimeView `Conversion' July 23, 2008 Omega Maintenance Plan Maintenance, Annual (Customer Support): Clients that are not current under support will pay a maintenance activation fee. Please see the Customer Support Program Document for details of coverage. Annual Support: $3,345.00 ESRI Software Maintenance not included. Implementation Timeline Unless otherwise documented, the completion of all services will take approximately 90 days from date of data collection. Onsite installation and training will be scheduled only after application development is complete. Additional Software Licenses (Costs) Full Price /Upgrade Price CrimeView Licenses (Single Use License) $1,500.00 each/ $495.00 each Data Specifications Datasets to be Imported via Omega Import WizardTM The client operates the Positron CAD and RMS System. The following data sets represent tables of data to be extracted by The Omega Import Wizard. An Import Profile will be built for each data set listed. A total of three (3) profiles have been identified for this project. Profile Database Vendor/Type Data Set I CAD SQL Database Calls for Service 2 Records Management - SQL Database Arrestees 3 Records Management - SQL Database Incident Reports 4 Records Management - SQL Database TBD Please review the Omega Import Wizard Appendix for more details regarding the Omega Import Wizard and the use of Profiles. Because a significant amount of work (and cost) can be attributed to the incident or person data being imported, it is important that Omega Project Management have access to local knowledge regarding the RMS or CAD data/database as outlined under General Requirements (see next page). Hardware Specifications Hardware for the Client Workstations (For CrimeView® Desktop) The Omega Group recommends the following hardware specifications for a workstation with astand-alone crime analysis application working with ArcView and CrimeView° Recommended Minimum • Intel Core 2 Duo Pentium 4 (3.20 GHz) 5 25T-11 CRIMEVIEW Santa Ana Police Department The Omega Group, Inc. California Exhibit A ® CrimeView `Conversion' July 23, 2008 • Memory - 1-2 GB Memory 1 GB • Hard drive - 80GB Hard Drive - 40 GB • CD-RW/DVD • Video/ ra hits -256MB Video/graphics 256 MB • 1 Gi abit Ethernet Import Wizard Server • Rack mounted 1 U • Dual-Core Intel® Xeon® 3000 Series, 1 CPU • 4 GB RAM • Mirrored Disk Configuration using SCSI disks 15K RPM - 73 GB • 1 Gigabit Ethernet network cards Client Project Management Critical to the success of every implementation is having the appropriate client staff prepared to be active participants and to understand what is expected from them for the duration of the implementation. Two critical components to this implementation pertain to local knowledge of data schema for the RMS/CAD data sources and what data should be available for mapping and reporting. Database Schema The client should expect to provide staff resources who can demonstrate knowledge of the tabular structure (schema) of the RMS, CAD and other data sources. These persons will be expected to assist Omega Technicians in building SQL statements that includes all the fields of data that the client wants for mapping and reporting. This assistance would primarily be in the form of understanding database structure and table relationships. Report Data The client should expect to provide staff resources who can confirm what data needs to be included for mapping and reporting. These persons should have direct experience in working with crime data through current extractions from the RMS, CAD and other data sources and from the perspective and experience of a crime analyst. The Omega Group maintains an inventory of data extraction templates (e.g. SQL Statements) that can be used to as a starting point for the development of a customized data interface. However, having client staff that can provide local knowledge of the database can reduce the overall project time, facilitate the ongoing maintenance of the application and produce a more useful crime mapping and reporting environment. Project Planning Remote Connectivity: Secure or confirm remote access via the use of Expert City's GoToMyPC or the use of a VPN Connection. • Establishing Remote Connection to the Server(s). 6 25T-12 CRIMEVIEW" Santa Ana Police Department The Omega Group, Inc. California Exhibit A CrimeView `Conversion' July 23, 2008 o Data Collection, Installation and Technical Support may be performed through remote connection, reducing cost of project and time it takes to complete services o Omega Recommends ExpertCity's GoToMyPC or VPN for remote connections ^ Provide Network IP Address if VPN is used • If the client is unable to provide high speed remote access with GoToMyPC or similar connection software to The Omega Group for the collection of the required data sets then an additional fee will be charged to the client based on the additional time required for data collection. System Architecture Server and Workstation Hardware: The client will provide for hardware to be utilized in conjunction with CrimeVieww~' Desktop. Hardware should include workstations and a file server(s) to store GIS data. • The Omega Group recommends the client to maintain a database of relevant Geographic Information in a file server for the CrimeView application(s). This database will be a warehouse of street, boundary and point data, as well as incident and person data sets from the client data systems. Data Geography: The client will provide for the geographic base data for the project. In addition to the Street Centerline this may include: Parks, Schools, Beats, Reporting Districts, Landmarks, Stations, Parcels, etc. During the project kick-off a discussion regarding the type and availability of data will ensue. • Street Centerline File: The client must provide accurate reference data that will be used to generate a geocoding service. Typically the reference data is a street centerline file, address points or a parcel layer. Application Deployment Prior to the CrimeView® Desktop Installation: the following items should be completed by the Network Administrator /GIS Coordinator and Crime Analyst: • ESRI Training Course: The Crime Analysts/ Onsite Administrators have completed ESRI's Introduction to ArcView (course) Information may be found at website: http://tra.ining.esri.com/ilt; schedule/index.cfm. o The Omega Group highly recommends all personnel working with CrimeView to have the Introduction to ArcGIS I and/or Introduction to ArcGIS II training in addition to CrimeView training. At least one person, preferably the on-site CrimeView administrator, should have a solid understanding of ArcGIS (ArcMap and ArcCatalog). The Omega Group requires that at least the system administrator or primary user receive ArcGIS training prior to receiving CrimeView training. 7 25T-13 CRIMEVIEW' Santa Ana Police Department The Omega Group, Inc. California Exhibit A ® CrimeView `Conversion' July 23, 2008 • CrimeView® Desktop Training Facility: The client has secured an adequate room with network and Internet access to train individuals on CrimeView® Desktop. The room will require enough workstations for everyone to be trained, each with a copy of ESRI's ArcView 9.x and ESRI's Spatial Analyst 9.x installed. The client will install the ESRI software. 25T-14 CRIMEVIEW° Santa Ana Police Department The Omega Group, Inc. California Exhibit A ~__ CrimeView `Conversion' Juty 23, 2008 Application Description CrimeView is essential to law enforcement agencies that are committed to Community Oriented Policing, Problem Solving and CompStat management. CrimeView permits law enforcement agencies to geographically view and analyze data from their RMS (Records Management System), CAD (Computer Aided Dispatch) and known-offender data sets. Users can map, analyze, and report crime incidents by type, proximity, or other search criteria. This geographic presentation of the data quickly identifies problem areas and trends associated with crime data. Rather than spending hours pouring over tables and reports, a visual representation of the same data is presented on a map, which can be evaluated quickly and easily. This information helps with officer deployment by quickly identifying the areas where the officers are needed most. Effectiveness of current law enforcement efforts can be quickly illustrated by the geographic representation. Data Flow Alternative data flows (hardware/network configurations) are available. The diagram represents the preferred data flow for the implementation of CrimeView. ATTACHMENT 2 2 25T-15 25T-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: DONATION OF SURPLUS POLICE HDS COMPUTERS AND KEYBOARDS TO CITY OF MOUNTAIN VIEW POLICE DEPARTMENT 'Y/ ,~r1 ~~ ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the donation of surplus Police Department Computer Aided Dispatch (CAD) Computers and keyboards to City of Mountain View Police Department. DISCUSSION The Santa Ana Police Department has replaced its Computer Aided Dispatch System with a new upgraded system. The old CAD System is no longer of any value or use to the Police Department as the system and its parts are 15 years old and can not be placed or repaired. The City of Mountain View Police Department has a system similar to the one our Police Department has replaced; they lack the resources to replace their systems and can not obtain the outdated replacement equipment. The Police Department wishes to donate approximately 15 CAD computers and keyboards as they cannot sell the equipment as surplus and would otherwise be subject to destruction by the City. FISCAL IMPACT There is no fiscal impact associated with this action. Paul M. Walters Chief of Police Police Department 29A-1 29A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: AMEND CONDITIONAL USE PERMIT NO. 2006-02 TO COLOCATE ON AN EXISITNG WIRELESS FACILITY AT 2200'/. EAST MCFADDEN AVENUE - METRO PCS, APPLICANT %~ ; ~.L,L,~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report amending Conditional Use Permit No. 2006-02 as conditioned. PLANNING COMMISSION ACTION On October 13, 2008, the Planning Commission adopted a resolution amending Conditional Use Permit No. 2006-02 as conditioned by a vote of 5:0 (Gartner and Yrarrazaval absent) to co-locate on an existing wireless facility camouflaged as a pine tree at 2200% East McFadden Avenue in the Light Industrial (M-1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J M. Trevino xecutive Director Planning & Building Agency ME:rb me\reporta\Amend cup06-02 Metro PCS.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 13, 2008 TITLE: PUBLIC HEARING - FILED BY JACKIE LE FOR METRO PCS TO AMEND CONDITIONAL USE PERMIT NO. 2006-02 TO COLOCATE ON AN EXISITNG WIRELESS FACILITY AT 2200 EAST MCFADDEN AVENUE Prepared by Marvin Ellenbecker Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~Q.(O .t Planning Manager Adopt a resolution approving amendment to Conditional Use Permit No. 2006-02 as conditioned. DISCUSSION Request of Applicant Jackie Le, representing Metro PCS, is requesting approval to amend Conditional Use Permit No. 2006-02 to colocate on an existing wireless facility at 2200 East McFadden Avenue. Property Description The property is located within the Light Industrial (M-1) zoning district and has a General Plan land use designation of Industrial (IND) (Exhibit 1). The property is bounded by industrial uses to the north, south and west and the SR55 (Newport Freeway) to the east (Exhibit 2). The subject property is owned by Public Storage, Inc. and is approximately 8.04 acres in size, rectangular in shape and improved as a public storage facility. Project Description Metro PCS proposes to lease 240 square feet of space to colocate on an existing wireless facility and construct equipment cabinets on the subject property. The property is currently used as a public storage facility. The existing wireless facility is camouflaged as a 50-foot Canary Island Pine Tree. Metro PCS proposes to extend the height of the wireless EXHBIIT A 31 A-2 Amend Conditional Use Permit No. 2006-02 October 13, 2008 Page 2 facility to 60 feet and colocate below the existing carrier, Sprint PCS. Metro PCS would add a total of six new antennas, one antenna per sector plus a microwave dish to the monopine. The existing Sprint PCS antennas would move to the top position on the monopine (Exhibits 3,4 and 5). The equipment cabinets will be enclosed by a six-foot eight-inch high block wall using the same rock aggregate materials as the existing Sprint equipment enclosure and the storage building exterior. The wrought iron door to the equipment area would match the existing door on the Sprint PCS equipment enclosure. The site is screened at the east and south edges of the property abutting the freeway entrance/exit with mature pine trees. Any existing trees within the leased area would be relocated or replaced with 48-inch box size Canary Island Pine trees. Metro PCS would use the public access to gain entry to the site. Analysis of the Issues In 1998, the City adopted an ordinance that regulates Wireless Communication Facilities throughout the City. Major wireless facilities are required to have a stealth design and be located on a building or in an area that provides the greatest amount of visual screening and requires the approval of a conditional use permit. The proposed wireless facility is located within an enclosed leased area and the equipment cabinets are screened by a block wall that matches the existing storage facility and Sprint PCS equipment room. Any existing pine trees in the leased area would be relocated or replaced with 48-inch box Canary Island Pines to provide additional visual screening. The proposed 10-foot addition to the existing monopine is designed to allow for colocation of the existing wireless provider, Sprint PCS and the second provider, Metro PCS. The applicant has explored alternatives to the monopine structure such as locating the cellular antenna on the roof of an existing building in the area. Structures in the area, however, are not tall enough to meet the coverage needs of Metro PCS. The proposed addition to the wireless facility will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to Metro PCS by closing service gaps in the area and providing additional calling capacity. Equipment for the monopine will be screened by a decorative block wall within the leased area. All wiring and conduit will be underground, overhead within the rafters of the existing building, or hidden in the interior of the enclosure. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to the east central section of the City. 31 A-3 Amend Conditional Use Permit No. 2006-02 October 13, 2008 Page 3 Based upon the above analysis and findings, staff recommends that the Planning Commission approve an amendment to Conditional Use Permit No. 2006-02 as conditioned. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2008-35 will be filed for this project. ~o3.v~..-- C-~ Marvin Ellenbecker Landscape Development Associate Vince Fre so, ICP Principal 1 ner ME j m me\reports\Amend cup06-02 Metro PCS.pc 31 A-4 IO~RELEI W. i s FqF~ ~ Wqy PROJECT SITE C i t y o/ T u s t i n Al GENERALAGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO-FAMILY RESIDENCE C-SM COMMERCIAL SOUTH MAIN M1 LIGHT INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS Ct-MD COMM. COMMERCIAL-MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL 0 OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3-A CENTRAL BUSINESS-ARTIST' VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL AMENDMENT TO CUP 06-2 ~ ~, METRO PCS MONOPINE (COLOCATION) ~ ~~~~ 2200 spa EAST MC FADDEN AVENUE - - = 500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y 1SI~If~T1~MAP J ~~~~'' 1 MC FADDEN AVE. Santa Ana City Limits GAS ` ' • STATION ~ ~ 'r ~~ ^ . ~ ~ ~+.ti t+ fir,' , ~,.. , ~ „~=.~~~, ~, ~*''~ ;Q ciry of rusri~ w ~~ ~ OFFICE PARK ~ ~, ~'f w t ., w ~~ ~~ I i ~ ~, ~ ^ OC ~ 1~;4 ~ I t~~r,~~a ~f .awl" ~~,~~ ~ ;V In WILSHIRE AVE. ... ~ , ~ f. '~~> ~ ~ ; ~ ~, 4: ' ~ ~ r ~m r ~r x~ fL~4 ~ A z.~.s ~ `w, W •.. ':~~7G S z`.. y'i;~ q LIGHT INDUSTRIAL (Q~ ~;, ~ , J i,~ ~ ~~ ~ x : ` AND OFFICE J ~ ~ ;~ ~ ~ ~l _~~~ ~~ ~ ^ ^ LIGHT INDUSTRIAL ' AND RETAIL CENTER INDUSTRIAL / RETAIL AMENDMENT TO CUP 06-2 ~ METRO PCS MONOPINE (COLOCATION) ~, 2200 a~a EAST MC FADDEN AVENUE P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 A-6 4'-8 N I~ iii O _ _ .s (E} PARKING x ~d w i ~~ !~F `~~~ ~tj 4'L `~S` i i ~_~ ~ i~ i i~ (E} PARKING ~, i i i i ~~~ ~t' i~,4.y i~ Site Plan Metro PCS Colocation 2200 3/4 East McFadden Avenue bd y tly~j ~~ ~~ 1 ~ ~pF ~ ~9 ~ ~ ~$ ~~ti $ ~ I ~ ~ ~ ~ ~ ;; ~~ ~ ~~ ~~ u~ ~~ $~ .~ ~ ~~~~ ~ ~ ~ fi ~~~~~ ~~ o a ~~ ~~$~ a ~~~ ~ ~ ~~6~ ~ ma~a~~ 31NiNS1 Ti11~FlIMd bb W run ~ J~-,a ~~ a ~~ ~~ ~ A-a~ ~r I ~ ~ ~s ~ ~ 4~ ~~ ~~ - E ~ ~a ~°i ~~ ~ ~~ ~ $ ~ ~ 9 ~e ~ ~ ~ ~ ~ ~- ~ ~~ ~~ ~~~ ~ f~ ~ ~~ ~~~~~ ~~ ~6 ~ ~~ ~ ~ ~ ~~ ~~ i i _ ~ Q p-,o~ 9~~ 6 ' ~ ~a ~~ $ ~1~~ z ~6 ~ ~~ a ~~ B ~-+* ^maiw a~u~a ~ rn ~,e. a44 RESOLUTION NO. 2008-29 TJ 10/6/08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AMENDING CONDITIONAL USE PERMIT NO. 2006-02 AS CONDITIONED TO ALLOW THE COLOCATION ON AN EXISTING WIRELESS FACILITY AT 2200 3/4 EAST MCFADDEN AVENUE 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. On February 27, 2006, the Planning Commission of the City of Santa Ana approved Conditional Use Permit No. 2006-02 to construct a 50-foot high wireless facility on the property located at 2200 3/4 East McFadden Avenue. B. The applicant is requesting the amendment to Conditional Use Permit No. 2006-02 to allow a 10-foot height extension to, and coloration on, the existing 50-foot high wireless facility on the property located at 2200 3/4 East McFadden Avenue. C. The Planning Commission held a duly noticed public hearing on October 13, 2008, on Conditional Use Permit No. 2006-02 to allow the 10-foot extension to, and coloration on, the existing 50-foot high wireless communication facility located at 2200 3/4 East McFadden Avenue. D. Santa Ana Municipal Code Section 41-198.3(b) requires a conditional use permit for major wireless facilities in the City. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed 10-foot addition to the existing 50-foot tall cellular monopine and coloration on this facility will provide a service to Santa Ana residents, businesses and motorists who subscribe to Metro PCS wireless services by reducing Resolution No. 2008-29 Page 1 of 7 31 A-10 the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the east central sector of Santa Ana. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed 10-foot addition to the existing 50-foot tall cellular monopine and coloration on this facility, in conjunction with the existing landscaping, will be compatible with the surrounding area and will not adversely affect the economic viability of the area. The stealth appearance will be the major solution to maintaining and increasing the economic stability for this industrial area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to comply with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code for a major wireless facility. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopine facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Industrial (IND) General Plan designation. F. 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 Resolution No. 2008-29 Page 2 of 7 31 A-11 numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2008-35 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves the amendment to Conditional Use Permit No. 2006-02 as conditioned in Exhibit "A" attached hereto and incorporated herein for the property located at 2200 3/. East McFadden Avenue. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 13, 2008, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of October, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Leo, Mill (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Yrarrazaval (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Teresa L. Judd Deputy City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-29 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 13, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-29 Page 3 of 7 31 A-12 Conditions for Approval for the Amendment to Conditional Use Permit No. 2006-02 The amendment to Conditional Use Permit No. 2006-02 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 below rior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The 10-foot addition to the existing monopine should be coordinated with Cell Trees Inc., the original manufacturer. 2. The specifications for the monopine wireless facility are as follows and should be added to the site plan prior to submittal into building plan check. a. The monopine should have 3.1 branches per foot for a full density coverage with limited spacing between the branches - 70 percent of the branches should be eight feet or longer. b. Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. c. Branches should exceed all antennas by a minimum of 12 inches. d. Branches should start at 15 feet above the ground. e. There should be a minimum space of seven feet between the top of the antenna and the top of the branches. f. Branches should have an upward sweep similar to that of actual Canary Island Pines. g. Branch foliage color should be an olive green with some brown "needles" to match an actual Canary Island Pine. A sample should be submitted for approval prior to fabrication. h. A sample of bark cladding with a custom color should be submitted for approval prior to fabrication. Resolution No. 2008-29 Page 4 of 7 E3~Ibi4A13 i. All antennas shall be covered with "pine antenna socks" that match the approved foliage color. j. All "stand-off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade of green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. k. Include the tree specifications (selected manufacturers and models) with photo simulations (also a site plan review requirement). Show the location of the GPS antenna on all elevations. m. Provide a "unistrut" detail for the utility cabinet; an "H-frame" is not acceptable. n. Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure." The sleeving should go underground through the caisson; shrouds on the outside of the pole are not acceptable. All utilities, coaxial and conduit for the project should be designed to be underground -this should eliminate the need for an "ice bridge." o. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. 3. Each major wireless communication facility approved pursuant to the Santa Ana Wireless Communications Ordinance (Section 198-198.13 of the Santa Ana Municipal Code) shall be approved for a period not to exceed 10 years. 4. Provide a map showing existing locations of all other wireless communication facilities, and a before and after coverage for the specific location. 5. The new equipment cabinets shall be screened by a six-foot, eight-inch high block wall using the same rock aggregate materials as the Sprint equipment enclosure and the exterior of the existing building. The wrought iron door shall include a metal mesh screening to match the door to the Sprint equipment enclosure 6. Clarify that Keynote No. 9 "coax cable vertical ladder," is not similar to an ice bridge. 7. Prior to submittal into building plan check, provide a note on the plans stating: Resolution No. 2008-29 Page 5 of 7 31A-14 a) All utilities, coaxial, and conduit for the project should be designed to be underground; this should eliminate the need for an "ice bridge." b) All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. c) If a permanent generator is located on-site, it must meet all local and regional requirements 8. The permit applicant recognizes that the frequencies used by the cellular facility located at 2200 East McFadden Avenue are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (permit applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 9. At all times, the permit applicant shall not prevent the City of Santa Ana from having adequate spectrum capacity on the City's 800 MHz radio frequency. 10. Before activating its facility, the permit applicant will submit to a post- installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or a Division-approved contractor at the expense of the applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 11. The permit applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. Resolution No. 2008-29 Page 6 of 7 31 A-15 12. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number and a-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 13. The permit applicant shall ensure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 14. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 15. The proposed wireless communication structure must be engineered to allow the colocation of other service providers. 16. Locate all equipment and related appurtenances (Appleton plug and electric meter) on the inside of the equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 17. Metro PCS, the lessee for the wireless facility, agrees to remove any graffiti on the proposed equipment cabinet and wrought iron perimeter fence. Graffiti removal must be done within 24 hours from occurrence. 18. Relocate or replace any existing Canary Island Pine trees that are located within the scope of work. If the trees cannot be relocated, they must be replaced in kind with 48-inch box size Canary Island Pine trees planted in the vicinity near the project. Resolution No. 2008-29 Page 7 of 7 31 A-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: CONDITIONAL USE PERMIT NO. 2008-27 TO ALLOW A DRIVE THROUGH WINDOW AT A RITE AID DRUG STORE AT 115 NORTH HARBOR BOULEVARD - STANTEC, APPLICANT - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2008-27 as conditioned. PLANNING COMMISSION ACTION On September 22, 2008, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2008-27 as conditioned by a vote of 5:0 (De La Torre and Mill absent) to allow a drive-through window service at a Rite Aid drug store at 115 North Harbor Boulevard in the North Harbor Specific Plan (SP2) The Planning Commission added conditions of approval that required the applicant to submit a revised site plan, architectural plans and landscape plan for Commission review and approval. In addition, the Commission added a condition that required an analysis of potential traffic along Figueroa Street that will result from the new Figueroa Street driveway (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. C . Trevino Executive Director Planning & Building Agency LDY:rb of/Reports/CUP08-27 Harbor Rite Aid drive-thru.cc 31 B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 22, 2008 TITLE: PUBLIC HEARING - FILED BY STANTEC FOR CONDITIONAL USE PERMIT NO. 2008-27 TO ALLOW A DRIVE THROUGH WINDOW AT A RITE-AID DRUG STORE AT 115 NORTH HARBOR BOULEVARD Prepared by Larry D . Yengl in PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO e ~ Exe utive ector Planning Mana RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2008-27 as conditioned. DISCUSSION Request of Applicant Ms. Tamara Fenner of Stantec, representing Rite-Aid Drug Store, is requesting approval of a conditional use permit to allow a drive-through window service for a new pharmacy at 115 North Harbor Boulevard. Property Description The subject location is a 1.45 acre site located at the northeast corner of West First Street and North Harbor Boulevard. The site has a current zoning designation of SP-2 (North Harbor Specific Plan) and is located in the General Commercial land use category. The General Plan land use designation is General Commercial (GC). Surrounding land uses to the north, south, east and west are primarily commercial uses, with single- family homes also located east and northeast of the site (Exhibits 1 and 2 ) . Project Description The applicant proposes to construct a two-level, 15,327 square foot Rite- Aid drug store with drive-through window service. The first floor consists of approximately 14,586 square feet and will contain the retail and pharmacy functions of the business, with a 741 square foot second floor mezzanine to be used for storage and utility purposes. The retail store will be open from 9:00 a.m. to 10:00 p.m., seven days per week. E31B 2 Conditional Use Permit No. 2008-27 September 22, 2008 Page 2 The architecture of the building is a contemporary design with a simple massing punctuated by raised architectural features near the building entrance. The building will be finished with plaster and will have cultured stone at the base of the building and on the decorative pilasters. The building will also contain decorative awnings on all four sides with a Spanish the roofing material and a painted foam cornice. The project provides the required 77 parking spaces and meets the commercial and North Harbor Boulevard Specific Plan landscape standards (Exhibits 3, 4 and 5) . Rite-Aid is also proposing to obtain a Type 21 alcoholic beverage control (ABC) license to allow the off-premise sale of beer, wine and distilled spirits. A separate public hearing for this conditional use permit is to be held by the Zoning Administrator on September 24, 2008. Analysis of the Issues The North Harbor Specific Plan requires an approved conditional use permit for any drive-through facility, including drive-through window service for drug store pharmacies. As the Rite-Aid at this location is proposing a drive-through window for their pharmacy, a conditional use permit is required. The drive-through window will provide a convenient service to customers by allowing residents of the area the ability to purchase items generally unavailable during the later hours from other retail establishments. Further, drive-through window service is a common component of new stand-alone drug stores operations. The window service will provide a service to the community by making the pharmacy convenient to those customers needing medical supplies. To prevent the site from. becoming an attractive nuisance, the Planning Division is recommending conditions of approval to mitigate potential impacts resulting from the drive-through service. These conditions include the installation of an electronic shopping cart system to maintain shopping carts on the premises and a requirement for low-volume speakers for the drive-through facility to minimize noise impacts to adjacent uses. Several issues related to on-site circulation, traffic access, and architecture were recently resolved between staff and the applicant. As such, these changes are not reflected on the attached plans as shown on Exhibit 3. Conditions of approval have been added to address these recent changes. They include the closure of the First Street driveway, the installation of a driveway on Figueroa Street, the provision of an electronic cart containment system, the relocation and redesign of the trash enclosure and the placement of a new sewer line. 31 B-3 Conditional Use Permit No. 2008-27 September 22, 2008 Page 3 The proposed Rite-Aid building will significantly enhance an underutilized parcel that is located at a major City intersection. 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D 11 ~ SP-2 ~ SP-2 ~ ~ "R1 j 1 °~ R1 R1 R1 i i R1 R1 Ri ~ FLIGYRAV siss " II ~ R1 fl R1 Rt Ri Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C7 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M7 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT CUP 08-27 RITE AID DRUGSTORE ~ ~~~-~~~ (DRIVE-THROUGH PHARMACY) 115 NORTH HARBOR BOULEVARD - - =500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3~l~'3' C SFR U W SINGLE FAMILY ~ RESIDENTIAL O ~ COMMERCIAL W W SINGLE FAMILY ~ J VACANT RESIDENTIAL N 0 COMMERCIAL p p m W ~ W O V O ? ~ ~ W QW ~ PROD eT StT FIRST STREET a o~ o m C O M M E R C I A L W ~ ~ Q _ -- LL OFF 1 C E S CUP 08-27 RITE AID DRUGSTORE (DRIVE-THROUGH PHARMACY) ~ 115 NORTH HARBOR BOULEVARD P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP 3 ~~Iq~T 2 £ 1181HX3 LZ-80 dfl~ ,~ ---~~ - .: . 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'AMN.Vk Ci••Y brc•~n•;n WirYums 36"" '31a:m Ir};te' 'Crysaeor. ie:+gesxne' D°iG 3302L ugt Roa'.~g 3Sl.+ 'Reaex 3iaae ~;' '9;,mr Cvenge 9rowr fksbea" .9 w W 0 -~ W ~ ~ +`. y- ~;-:, Perspective View From Intersection KO- 9/26/08 RESOLUTION NO.2008-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2008-27 TO ALLOW A DRIVE- THROUGH WINDOW SERVICE FOR THE PROPERTY LOCATED AT 115 NORTH HARBOR BOULEVARD BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2008-27 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on September 22, 2008. B. Conditional Use Permit No. 2008-27 has been filed with the City of Santa Ana seeking to allow adrive-through window service for a new pharmacy at 115 North Harbor Boulevard. C. Pursuant to the North Harbor Specific Plan section 3.5.2, a Conditional Use Permit is required for adrive-through facility. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed drive-through window service for the pharmacy will contribute to the well being of the neighborhood by providing a location that allows after hour access to medicine and the pharmacy. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The proposed drive-through window will not be detrimental to the health, safety or general welfare of persons working or residing in the vicinity. The site has been designed to Resolution No. 2008-32 31 B -12 Page 1 of 8 prohibit access from First Street, which reduces potential for traffic accidents to occur adjacent to the site. Further, the Police Department has incorporated conditions of approval that will minimize the potential for adverse impacts, such as noise and loitering, from occurring on the premises. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The drive-through window service will not adversely affect the present economic stability or future economic development in the area. The proposed drug store and drive-through window operation enhances the economic condition of the surrounding properties as the project is replacing an underutilized use with a viable business. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project has been designed to comply with all applicable standards and conditions found in Chapter 41 for this use. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan or North Harbor Specific Plan. Drive-through windows are ancillary uses to many drug stores and pharmacies in the City and are permitted on commercially designated sites. Further, the use is consistent with goals and objectives of the Land Use Element, including Goal 2, which promotes land uses which enhance the City's economic and fiscal viability, and Goal 3, which improves the character and integrity of existing neighborhoods. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to a project that is an in-fill project in an urban area that conforms with the zoning and General Plan. Categorical Exemption Environmental Review No. 2008-142 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2008-27 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Resolution No. 2008-32 31 B -13 Page 2 of 8 Commission Action dated September 22, 2008 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22nd day of September, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: De La Torre, Mill (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-32 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 22, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-32 31 B -14 Page 3 of 8 Conditions for Aaaroval for Conditional Use Permit No. 2008-27 Conditional Use Permit No. 2008-27 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division Prior to submittal into building plan check, submit a final architectural plan for review and approval by the Planning Commission. Modified by Planning Commission on September 22, 2008 2. Prior to submittal into building plan check, revise the site plan to depict the location of bicycle racks. 3. Prior to submittal into building plan check, submit a final landscape plan for review and approval by the Planning Commission. The plan shall include details of the corner treatment at First Street and Harbor Boulevard. Modified by Planning Commission on September 22, 2008 4. Prior to submittal into building plan check, revise the site plan to depict trash trucks and WB-30 trucks movements to the trash and loading areas that do not interfere with the drive-through lane. 5. Prior to submittal into building plan check, revise the site plan to note all existing signs are to be removed from the site and a new sign package is to be submitted. 6. Prior to submittal into building plan check, revise the site plan to depict decorative pavement treatments for the project driveway and pedestrian circulation system. The pavement shall include different materials, patterns and color than the parking lot. Exhibit A Resolution No. 2008-32 Page 4 of 8 31 B-15 7. Prior to submittal into building plan check, provide specifications for all on- site lighting fixtures. 8. Prior to submittal into building plan check, revise the site and floor plans to depict the location of the shopping carts storage areas. Shopping carts cannot be stored outside of the building. 9. Prior to submittal into building plan check, revise the site plan to note the installation of a shopping cart containment system. The electronic cart containment system shall be installed prior to issuance of certificate of occupancy. 10. Prior to submittal into building plan check, revise the site plan to incorporate the following notes: a. Roof access ladders shall be provided in the interior of the building. b. Exposed downspouts, scupper drains, electrical conduit or mechanical lines are not permitted on the building. c. Hose bibs shall be mounted flush with the building. d. Parking spaces shall be double striped and designed to City Standards. e. Electrical and mechanical enclosures will be contained within the regular footprint of the building. f. All roof mounted mechanical equipment shall be screened by the building parapet so that it will not be seen by the public. 11. Prior to submittal of building plan check staff shall complete a qualitative impacts analysis of the First Street driveway closure and the new driveway on Figueroa Street. Based upon the results of the qualitative analysis, the driveway location shall be approved by the Planning Commission. Added by Planning Commission on September 22, 2008. B. Public Works A~ency Prior to submittal into building plan check, revise the site plan to: Resolution No. 2008-32 Page 5 of 8 31 B-16 Depict the existing 12-inch public sewer main located in the adjacent alley, to be cut and plugged on both sides, prior to entering this site from Figueroa Street and Harbor Boulevard. 2. Depict the new location of the new sewer main and note the construction of a new 12-inch public sewer main in the new location as approved by the Water Resources Division as part of the sewer study prepared by the developer. The sewer relocation plan shall include all details for relocations of water mains and storm drain pipelines, if needed. Relocations of all utilities required for the sewer construction shall be at the developer's expense. 3. Depict no driveway approaches off First Street. For a safer vehicular maneuverability due to the close proximity to an un-signalized intersection, no curb cuts will be allowed on First Street. 4. Depict and note the points of connection of all the public utilities required to service the project site (i.e., sewer, water and storm drain). 5. Note a statement of the improvements, dedication and public utilities proposed to be made and installed, plus tabulation showing the total lineal feet and sizes of sewer main, number of water services, lineal feet of curb and gutter, lineal feet of sidewalk and square feet of pavement, etc. 6. Incorporate construction of proposed "Site Design" Best Management Practices (BMPs), such as walkways with open joints, sidewalks and parking lot aisles with minimum widths, draining sidewalks into adjacent landscaping, incorporating the landscape area into the drainage system, etc., to minimize the impervious areas and to maximize permeability and natural areas. 7. Incorporate construction of any proposed "Treatment Control" BMPs using the Best Available Technology (such as bio-filters, dry or wet detention basins, landscape detentions, wet ponds or wetlands, drainage inserts, filtration basins, etc.) and recommended sizing calculations near the pollutant source, so as to infiltrate and filter the pollutants of concern in post development runoff flow prior to its discharge into any receiving body of water. C. Police Department 1. Prior to submittal into building plan check, revise the site plan to shift the trash enclosures south away from the drive through entrance. Resolution No. 2008-32 Page 6 of 8 31 B-17 2. Prior to submittal into building plan check, revise the site plan to depict the trash enclosure with dimensions that meet current City of Santa Ana standards. 3. Prior to submittal into building plan check, revise the floor plan to show the drive through with a window that allows visibility for pharmacy staff. 4. Prior to submittal into building plan check, revise the site plan to note the drive through and approach is illuminated to a minimum maintained five foot candles of light. 5. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 6. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 7. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 8. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 9. Atimed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 10. Install a silent armed robbery alarm. 11. There shall be no coin-operated games maintained on the premises at any time. 12. All pay telephones shall be located inside the premises. 13. The petitioner(s) shall be responsible for maintaining the premises free of litter. 14. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 15. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. Resolution No. 2008-32 Page 7 of 8 31 B-18 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the foregoingg document described as: Resolution No. 2008-32 (Conditional Use Permit No. 2008-27) in this action by p acing a rue copy ereof enclosed in sealed envelopes addressed as follows: Tamara Fenner Stantec 19 Technology Drive Irvine, CA 92618 Don Pieper Donald & Reid Pieper 13122 Laurinda Way Santa Ana, CA 92705 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2008-32 Page 8 of 8 31 B-19 31 B-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: VARIANCE NO. 2008-15 TO REDUCE ON- SITE PARKING AND ALLOW A PRIVATE RECREATION FACILITY AT 602 EAST FOURTH STREET - LATINO HEALTH ACCESS, APPLICANT ~~. ~~ ~ ~ ~.. _ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2008-15 as conditioned. PLANNING COMMISSION ACTION On October 13, 2008, the Planning Commission adopted a resolution approving Variance No. 2008-15 as conditioned by a vote of 4:0 (Leo abstained, Gartner and Yrarrazaval absent) to reduce on-site parking and allow a private recreation facility at 602 East Fourth Street in the General Commercial (C2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja M. Trevino Executive Director Planning & Building Agency LL:rb 11\reports\pc&za\va08-15 Latino Health Access.cc 31C-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 13, 2008 TITLE: PUBLIC HEARING - FILED BY LATINO HEALTH ACCESS FOR VARIANCE NO. 2008-15 TO REDUCE ON-SITE PARKING AND ALLOW A PRIVATE RECREATION FACILITY AT 602 EAST FOURTH STREET Prepared by Lucy Linnaus --= ~- Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO I ~GZt..Q~vl. ~C" Planning Mana r Adopt a resolution approving Variance No. 2008-15 as conditioned. DISCUSSION Request of Applicant James Bostic, on behalf of the Latino Center for Prevention and Action in Health [Latino Health Access, Inc. (LHA)], is requesting approval of a variance from the Santa Ana Municipal Code (SANG) to reduce the required number of on-site parking stalls in order to allow a private recreation facility and a community center at 602 East Fourth Street. Property Description The project site is located within the Lacy neighborhood and is east of Lacy Street. The parcel is a through lot that fronts both Third and Fourth Streets. The subject site is a flat, rectangular shaped, vacant parcel of land composed of four individual parcels totaling 25,000 square feet. The two parcels with street front on Fourth Street have a zoning designation of General Commercial (C2) and a General Plan land use designation of General Commercial (GC), while the parcels with street front on Third Street have a zoning designation of Two-Family Residence (R2) and a General Plan land use designation of Medium Density Residential (MR) . Surrounding land uses include multi-family residential uses to the west, commercial uses to the north, light industrial to the east, and single- family residential to the south (Exhibits 1 and 2). EXHIBIT A 31 C-2 Variance No.2008-15 October 13, 2008 Page 2 Project Description The applicant is proposing to develop a private recreation facility on four contiguous parcels: three owned by the City and the Community Redevelopment Agency (Agency) and one owned by LHA. The recreation facility consists of a 3,186 square foot community center, a parking lot with five parking stalls and gated play area with two separate playgrounds and half basketball court. The community center, located on the parcel owned by LHA, has its primary access off the parking lot and faces Fourth Street. The center has a 1,887 square foot multi-purpose room, a small kitchen and two sets of restrooms; one serving the multipurpose room and another exterior set serving the playground area. The parking area will be accessed from Fourth Street and will be fully landscaped and illuminated to meet the Police Department's safety standards. The play area is fully enclosed with an eight-foot decorative wrought iron fence and fronts Third Street. The play area can be accessed from both Third and Fourth Streets (Exhibit 3 and 4). Latino Health Access plans to offer youth and adult recreational and educational programs focusing on health promotion and disease prevention, personal empowerment, and community commemorative events. The recreational areas will be open to the public seven days a week from 8:00 a.m. to 10:00 p.m. While the community center will have shorter hours of operation, it will be accessible to the general public and residents of Santa Ana no less than 30 hours per week and will offer programs for free, or if a fee is charged, a fee consistent with that charged by the City for comparable programs. LHA anticipates that the regular day to day activities will not exceed 50 participants at any given time. LHA also plans to hold about 12 special events and holiday celebrations throughout the year, which may be attended by up to 150 participants. Architecturally, the community center is in a California Contemporary style. The building emphasizes massing over articulation and is composed of interlocking volumes of different colors and materials. The building will be constructed of split-face concrete masonry unit block and accented by smooth, colored block. The fascia, roof and trellis beams will be metal and painted in hues of red. The entry structure and planter wall that connects the building to the street will be clad with four-inch by four-inch multicolored ceramic the in a festive mosaic application (Exhibits 5 and 6). 31 C-3 Variance No.2008-15 October 13, 2008 Page 3 Analysis of the Issues The Open Space and Recreation Element of the City's General Plan recognizes that "open space land is a limited and valuable resource, one becoming increasingly precious as the City takes on a more urban character." In recognition of limited resources, the general plan encourages the private sector to participate in the provision of open space and recreation opportunities for all Santa Ana residents. Latino Health Access is a non-profit health care provider and facilitator. Its goals include helping to build healthy families and neighborhoods. The City is supportive of LHA's programs and is assisting in the development of this new facility. In March 2007, the City authorized the execution of a contingent ground lease with LHA for a 20-year term with two 10- year extensions to allow them to develop the City and Agency land as a private recreation facility in conjunction with the development of their community center. LHA has also partnered with St Joseph's Health Systems for this venture. St. Joseph's, a long time supporter of healthy communities, is providing the project management and has secured the architectural, landscape and construction management services for the project. LHA is presently in the fund raising phase of the project. LHA's plans for the site include the construction of a new community room and outdoor play area. However, given the constraints of the small site, a parking variance is needed since a minimal number of parking spaces are proposed. The SAMC provides the ability to vary from the strict application of the code when a situation exists 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 provisions of this chapter" [SANG Section 41-41- 638(2)(1)]. Pursuant to this section, LHA has requested a variance from the City's off-street parking standard as it relates to recreational centers (SANG Section 41-1375). This section requires a minimum of one parking space for each 28 square feet of floor area devoted to activity resulting in a parking requirement of 67 parking spaces for the community center. Latino Health Access could provide 67 parking stalls on the four parcels; however, this would require approximately 20,000 square feet of area, leaving less than 1,000 square feet for the open play area, thus defeating the purpose of the development. The City and LHA have partnered to create a recreational facility intended to function as a small neighborhood park to meet the recreational needs of the immediate surrounding neighbors. The City 31 C-4 Variance No. 2008-15 October 13, 2008 Page 4 uses a radius of quarter of a mile as one of the criteria when establishing the area of influence for a small neighborhood park, as this is the typical distance a pedestrian can comfortably travel in less than 10 minutes. Many small neighborhood parks, such as Chepa's and Saddleback View Parks, do not provide on-site parking as their area of influence is limited. Based on current census data, there are over 5,000 residents within a quarter of a mile from the center. LHA anticipates that most of the participants of the regular, day to day activities to be provided will be neighbors arriving as pedestrians since the focus of the programs is exercise and healthy eating. In order to minimize the potential impacts associated with special events, such as holiday celebrations, where up to 150 participants may be expected, the Planning Division is recommending conditional approval. The conditions are intended to mitigate any problems that may negatively affect the surrounding area and to ensure safety of the pedestrians. LHA has agreed to direct the participants to either walk, or park in City controlled parking lots and structures located less than a 10 minute walk. The proposed recreation facility is located within the boundaries of the Renaissance Specific Plan. The plan is intended to facilitate infill development, encourages transit-oriented development opportunities and walkability of the streets. It is anticipated that all new construction will contribute to fund additional parks to serve the new residents. This may result in an opportunity to expand the proposed recreation facility and eventually could function as a public park with a private community center, in the same model as Delhi Community Center functions. If the Renaissance Specific Plan is approved, the variance becomes null and void as this development will comply with the standards established in the specific plan. LHA presented this plan to the Lacy Neighborhood during its April 24, 2008 regular meeting, where concerns about possible gang activity were raised. The Police Department has reviewed the proposed project and has recommended the installation of an eight-foot fence surrounding the open recreation areas and outdoor illumination that will not spill into the neighboring properties. Based upon the analysis of the project and the project's compatibility with the City's General Plan, staff recommends approval of Variance No. 2008-15 as conditioned. 31 C-5 Variance No. 2008-15 October 13, 2008 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15303), the project is exempt from further review. This Class 3 exemption allows for new construction of buildings not exceeding 10,000 square feet in floor area. Categorical Exemption Environmental Review No. 2007-79 will be filed for this project. r~• .. /~- Lu Linnaus Vincent Fr goso,~AICP Sen or Planner Principal P~ner LL:jm 11\reports\pc&za\va08-15 Latino Health Access.pc 31 C-6 11 R2P R2 P I C~ i C2 I? ooa~~ s~~ OOO SMI ~ I C- M oaa^ C2 C2 V R9 R3 R3 R3 R3 R3 ^M1 R3 R3 1o R3 R3 R3 R3 R3 R3 R3 R3 R3 R3 R3 o R3 R3 R3 M1 00 o R3 R3 R3 R3 R3 R3 R2 R2 R1 R1 R1 R2 Rt R1 R1 R1 R2 Rt R1 ° R1 R1 R1 R1 ~~ Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAWINDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT VA 08-15 ~ LATINO HEALTH ACCESS COMMUNITY CENTER ~ 602 EAST FOURTH STREET - - =5DDFEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3 I'~'~' J ~ F- M FR ¢ U 2 W ¢ w CI Y N U ~ ~ OW ED PA KING LOT N MFR p PRO ERTY SFR ~ ~ U N W ~ ~ a ti ~ U U ~- ~ ~ U ¢ ~ W F Z Z? p Z W Z? C LASSIC ~ ¢ ¢ ¢ O U U ~- > ¢ F- Z ¢ O U ¢ ~ CARS F Q ~ Q W U _ ~ ¢~ APPRAISAL ~ ~ O > > U ~ > p a MARKET J m ~ m U FOURTH STREET PAIR IAL THIRD STREET SECOND ST. VA 08-15 LATINO HEALTH ACCESS COMMUNITY CENTER -= - 602 EAST FOURTH 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 J F.' t` INDU TRIAL MFR W BAR AUTO RE 2 2 ~ C O N D O M I N I U M S ¢ U U > ~ INDU TRIAL SIN LE F MILY ESID NT z U MFR SI G L F MI Y ES DE TI L C O M M E CIA L SINGLE FAMIL RESID NTIAL MFR SING E FAM Y RES DENTIAL LAND USE MAP 3 ~x~iB~T 2 w w m i w a 0 00 MOTE P,i.reRCU~D EonFmENr euD.lECr ro cNANSE. IMA(E5 ARE FpR REFERENLE WI¢PO% ONLY. 1' ___. __ ....~,m....~,~~.a.a~. ;; I MIR~Al14G 11MOUit fYN0Y1 i ~f PLANTING PALETTE gD~ ~tmva. cs n. c~ N>n. ~ rr~a wMta ~rhaue roy ~, ~agvavaw~a. rRaa.aa wR ~+riu'Y^a ~~alb alwsw Nayalb 0 EylNng `Xaat ttM W RRran GNa Mrtial w w 0 M 5~ ~ a,MUal ~. vna ~~ 5ve ~"'w`I.' ' Agaw ' ~". ~. an '^^twAfm uva um arew.y 5 qa. mcrnvs p wlmN rµ Pasta' DrIRr colpr BM 5 gai. .agab Fam ft uy I goi. ]r ao. Npia HppMU~+n caljMn prow Dally Cnp~g SL Nnwt i pi. 5gal. I ga. agmmro .... , N [m F~aDntm May fOanN wlVwNw NR+Zaa.IQa F4a Wlwbwry 5 gol. Sga', z ,` ~~'~""m aaNudaoa Mko';»gtM' Wa Ha~aiorn S gol. wv.~ rola Lw~onoaalwry 5 gei. ., ~_ ~a m. o ncNOlb ran' ao..vy s ga. SoNa gaggn Saga s ga. - Naas, 11 Tai ,y,. TaI~ Fa.a,. °'E~' Latino Health Access Community Center ~y Ntbwta aanpwvYww 6W Va 6okl Yw 5 ga'. ~£. "°'~ D LANp5GAPE PLAN ANp IN5TALLATION 5HALL ADHERE TO L ITY OF Conceptual Landscape Plan SANTA ANA LANOF4APE DESI6N WIDELINES AND DEVELOPMENT D K °~LA~E AREA =HALL PR~.,IDED H~TH AN ,~TO~ATIL IRRI6ATILN ssTEM ntt'i'.vt~.NHta L- 3 4 of 9 D ALL LANDSLA~ AREA HALL ~ PERM AN~.nr MAINTAINE D D D ALL A~D~E~Ra,ND UTILITIES SHALL ~ SLREENED aaTM FL ~ 3' LOVER GF SHREDDED EIAFK NIILH TO BE INSTALLED IN ANT MATERIAL. ALL P~ANTIN6 AREAS. 06.18.2008 o TREE 6UARO5 TO BE IN5TALLED LNy AL L TREES PLANTED w THiN LAYe: AREA. 0' 5 1fY 2fY 30' ~.~ ~ f "'t' $~JuF }~ 10 ii 11 i 12 13 1 15 i O ~ - - 1 XD W ~ O i:_. o ® ~,„w~,..~ ,,..,,e ® ~,.,rr.w,.~~,,~ ® ~,.,nno,~,~b ,.~ ®~ ~,.=nn M~E« o ~.:,a,~R~_e,~~ ®o ., A p Fa a..,~,as,w.R.,.x.~..,,.~ ® ~.,~,,,.n..~~ ~r,~ ' ST. JOSEPH HEALTH SYSTEM LATINO HEALTH ACCESS COMMUNITY CENTER FIRST FLOOR PLAN A3.1 TAN[ING SEPM METPL ROOFlNG PNNTEC METK FASaA S~JRS~p COUIXiµLVEa NPDJACENT '~'{ ' PREa iER P fi' - PLUMINUM STOREFROM Pr AacEl _ - VAN DOW SYSTEM, PLANT ' ':~ ~ _` ~ ~ ~ ~ ~~ ui~Ne I ,?y, - slcNACE I ~~ ~ ~` ~_fyMl ~~ ~ Ewa~e I I r ~ ~ ~TEpoa ueHr PanaE. I II I II I II e~wcN PaEaswN CMO II C0La3. WPRMGMY I r{ I II I II BUILgNG BASE, COLOR SPICE ~ _ . 1 me xa =o W w - ST. JOSEPH HEALTH SYSTEM LATINO HEALTH ACCESS COMMUNITY CENTER "' EXTERIOR ELEVATIONS A6.02 ~ 1; ~l. 5. <T, 1 \~y 3 ~' ~~ d `1_1` ~- `SEN. E~.ER~. PA~E~ ~t. c-. ~~~ .. (~ TRASH ENCLOSURE-NORTH ELEVATION ST. JOSEPH HEALTH SYSTEM LATINO HEALTH ACCESS COMMUNITY CENTER EXTERIOR ELEVATIONS A6.03 bk/10-9-08 RESOLUTION NO. 2008-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-15 AS CONDITIONED TO ALLOW A REDUCTION IN THE ON-SITE PARKING STANDARDS FOR A PRIVATELY OWNED RECREATION FACILITY AT 502 EAST FOURTH 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. 2008-15 to allow a reduction of the on-site parking standards for a privately owned, open to the public, recreation facility and community center at 602 East Fourth Street. B. Variance No. 2008-15 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 13, 2008. C. Variance No. 2008-15 has been filed with the City of Santa Ana seeking to reduce the required on-site parking to 5 parking stalls. D. Santa Ana Municipal Code Section 41-1375 requires a minimum of 67 on-site parking stalls for a community center of 3,186 square feet. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 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 provisions of this chapter. Special circumstances apply to the subject site that necessitates a parking variance for the project. The project site is surrounded by fully developed parcels, limiting the developer's ability to expand the project site size which is Resolution No. 2008-24 Page 1 of 5 31C-13 25,000 square feet. Should a parking lot be developed to accommodate the required 67 parking stalls in strict application of the code, the community open play area would be reduced to less than 1,000 square feet, defeating the purpose of the City and Agency ground lease to provide an open play area for the community. 2. 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 to reduce the required on-site parking is necessary for the preservation and enjoyment of the applicant's right to develop the site to its highest and best use. The primary purpose of the recreation facility and its best use, as established by the City and the Agency ground lease is to promote health and disease prevention by providing open play area and a community center for the enjoyment of the neighbors. If parking is provided on site, the open play area cannot be developed, thus depriving the applicant from its ability to develop the site to its best use. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the required on-site parking will not be detrimental to the public welfare or injurious to the surrounding properties as conditioned. Ample public parking is provided within one-quarter of a mile from the site. Furthermore, the applicant will be providing crossing guards to assist with safety when 150 or more participants are expected at any event. Therefore, the implementation of the proposed project will not adversely impact the parking conditions of the surrounding properties. 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. Instead, it will further the Objective 1.2 of the Open Space, Parks and Recreation Element by encouraging private development of publicly accessible open space. F. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15303 of the State CEQA Resolution No. 2008-24 Page 2 of 5 31 C-14 Guidelines. This Class 3 exemption allows for the construction of new structures not to exceed 10,000 square feet. As a result, no further environmental review is needed. Environmental Review No. 2007-79 will be filed for this project Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2008-15, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the required on-site parking to 5 stalls. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 13, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of October, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Mill (4) NOES: Commissioners: None(0) ABSENT: Commissioners: Gartner, Yrarrazaval (2) ABSTENTIONS: Commissioners: Leo (1) Eric Alderete Vice Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney Resolution No. 2008-24 Page 3 of 5 31C-15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-24 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 13, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-24 Page 4 of 5 31C-16 Conditions for Aaaroval for Variance No. 2008-15 Variance No. 2008-15 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 below rior to exercising the rights conferred by this variance. 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. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2007-37. 2. Any amendment to this variance must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. The variance shall become null and void when the Renaissance Specific Plan is approved, if the four contiguous parcels are designated as Open Space. 4. Latino Health Access shall provide written notification to the Police Community Service Specialist seven days prior to any special event where 75 or more participants are expected. 5. If deemed necessary by the Police Community Service Specialist, crossing guards to assist people crossing Fourth Street and/or security guards will be provided when 75 or more participants are expected for a special event. 6. The eight-foot fence and outdoor illumination will remain in place and in good repair until such time that the City determines its use is not necessary for safety. Exhibit A Resolution No. 2008-24 Page 5 of 5 31C-17 7. The number of Latino Health Access employees parking on site shall be limited to two. 8. Latino Health Access shall direct the participants to their events to either walk, or park in the City parking structure at Fifth and French Streets. Exhibit A Resolution No. 2008-24 Page 6 of 5 31C-18 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the foregoing document described as: Resolution No. 2008-24 (Variance No. 2008-15) m this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Jim Bostic St. Joseph Health System 1 Centerpointe Drive, Suite 200 La Palma, CA 90623 Ana Carricchi Latino Health Access 1701 North Main Street, Suite 200 Santa Ana, CA 92706 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ 31C-19 31C-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: VARIANCE NO. 2008-16 TO ALLOW A REDUCTION IN STREET FRONTAGE IN ORDER TO CONSTRUCT AN ADDITIONAL DWELLING UNIT AT 2252 WEST JUDITH LANE - AL MACIEL, APPLICANT ,~ ~' /,~ (~. t/~(/~~-- - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2008-16 as conditioned. PLANNING COMMISSION ACTION On September 22, 2008, the Planning Commission adopted a resolution approving Variance No. 2008-16 as conditioned by a vote of 5:0 (De La Torre and Mill absent) to allow a reduction in the street frontage in order to construct an additional dwelling unit at 2252 West Judith Lane in the Two-Family Residential (R2) zoning district. The Planning Commission added a condition to reduce the width of the driveway leading to the new residence and replace with landscaping as deemed appropriate by the planning division (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. a M. Trevino Executive Director Planning & Building Agency MF:rb mf\reports\va08-16 2252 Judith st frontage reduc.cc 31 D-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 22, 2008 TITLE: PUBLIC HEARING - FILED BY MR. AL MACIEL FOR VARIANCE NO. 2008-16 TO ALLOW A REDUCTION IN STREET FRONTAGE IN ORDER TO CONSTRUCT AN ADDITIONAL DWELLING UNIT AT 2252 WEST JUDITH LANE Prepared by Matt Foulkes Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Plannin anager Adopt a resolution approving Variance No. 2008-16 as conditioned. DISCUSSION Request of Applicant Mr. Al Maciel, on behalf of Vincente Piedra, is requesting the approval of a variance from the street frontage standards in the Two-Family Residential (R-2) zoning district in order to construct a 1,113 square foot dwelling unit with an attached two-car garage at 2252 West Judith Lane. Property Description The subject property has a General Plan land use designation of Low Density Residential (LR-7), and is within the Two-Family Residential (R2) zoning district. The 19,339 square foot, irregularly shaped parcel is currently developed with a 2,100 square foot single-family residence and attached two-car garage. The property is surrounded by one and two-family residences to the west, south and north with the Santa Ana River to the east (Exhibits 1 and 2). Project Description The project involves the construction of a 1,113 square foot, one-story, two bedroom, one bathroom single-family residence with a 327 square foot covered patio. The exterior will feature decorative stone along the base to complement stucco siding to match the existing residence on the front EXHIBIT A 31 D-2 Variance 2008-16 September 22, 2008 Page 2 of the property (Exhibits 3 and 4). The proposed residence will be located adjacent to the eastern property line towards the rear of the property. A 427 square foot, attached two-car garage will be accessed through an extension of the existing driveway and curb cut. Landscaping will be provided in accordance with the Two-Family Residential (R2) landscape guidelines and will include Day Lilies, Shore Junipers and several existing mature fruit trees to accent Bougainvillea vines along the perimeter fencing and Bermuda sod as shown in the landscape plan (Exhibit 5). Analysis of the Issues The applicant is requesting a variance from Section 41-247.7(b) of the Santa Ana Municipal Code (SANG) to allow two units on a lot . The SAMC requires a minimum of 75 feet of street frontage in order to construct a second single-family residence on an R-2 zoned property while only 56 feet of street frontage is provided at the subject property. Section 41-638(a)(2)(i) of the SAMC allows the Planning Commission to grant variances from the Municipal Code in cases where findings can be made that the property is unique in terms of size, shape or topography and in which the strict interpretation of the Code prevents the property from taking advantage of a substantial property right. The subject parcel is located on a quasi cul-de-sac at the convergence of Judith Lane and Fair Way, which has resulted in a lot that is large enough to meet all of the development standards set forth in the R-2 zoning district for two units but due to its irregular shape cannot meet the required street frontage. Ordinance No. NS-2111, adopted in 1991, amended the R-2 standards to require a minimum of 50 feet of street frontage for a single unit and 75 feet of street frontage for two or more units. This street frontage requirement was created in order to ensure that lots were of an adequate size to accommodate multiple units while still providing necessary open space, as well as provide sufficient frontage for driveway access to each unit. The proposed residence has been sited to allow both the existing and new house to utilize the same driveway in order to limit the visual impact from the street by maintaining only one curb cut for access to both units. The proposed unit has also been located adjacent to the eastern property line towards the rear of the property in order to maximize the more than 5,000 square feet of rear yard open space available on the parcel. 31 D-3 Variance 2008-16 September 22, 2008 Page 3 Additionally, the surrounding properties in the immediate area contain two units, although most lots are less than half the size of the subject property. The prevalence of two-unit properties in this area combined with locating the new unit towards the rear of the property will help prevent the proposed project from negatively impacting the surrounding properties. These efforts were made to comply with Policy 2.2 of the Urban Design Element of the General Plan, which encourages development that is consistent with the scale, bulk and pattern or existing residential neighborhoods. The granting of this variance will also support several other General Plan goals and policies, including Policy 3.5 of the Land Use Element of the General Plan, by encouraging development that is compatible in scale and consistent with the character of the neighborhood as well as Goal 4 of the Housing Element, which encourages the development of a variety of housing opportunities to accommodate current and projected housing needs. Based on the analysis of the project and the project's compatibility with the City's General Plan and applicable development standards, staff recommends approval of Variance No. 2008-16 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15303(a). This Class 3 exemption allows for the construction of single-family residences in a residential zone. As a result, no further environmental review is needed. Environmental Review No. 2007-215 will be filed for this project. Matt Foul Assistant Planner I MF:jm mf\reports\va08-16 2252 Judith st frontage reduc.pc _..... /'~ Y Vince Frego o, A CP Principal ar~~r 31 D-4 -- ~__ I R1 ~~~EBE ~ R1 I STRAWBERRY LN. R1 ~ Rt "~~ R4 nl C R2 Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT VA 08-16 ~ MR. AL MACIEL ~ 2252 WEST JUDITH LANE - - =500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP B~ 1 Q ~ ~ /// W W W_ LL ~~ ~~ ~o ~ ~ P ~~i ~~ ~~~ 9~c STS s / ~ , _ JUDITH l.w~~.. F { ~} ~~ ~~ T O F A I L R S I E T I A L fi _ t.. SING E F A ILY R S 1 E N T I A L p UNIT S RES. WASHINGTON q~FN ., ,~ .P., S, OF SI GLE FA ILY ~P y ~~ 9 S~ ,y,~ R SID NTI L ~. FTi.~1' ,~- va os-y s ~` MR. AL MACIEL 8,,, °' 2252 WEST JUDITH LANE 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 3 ~~I~T 2 2 UNITS ~. ES. 14TH ST. J I~ w 'i . K1t1F4," " 1 f p I 4 , `~`~ X14+"`" ~ ~ fl., j I ' `'S, PATIO , /~~ ~s © COVER I % Ij _ b it I % / ~ ,.. b I T S % Q / ~ ~ I ~ ~ f<~~4o a ~ I ~ ~/ ~ k KRCHEN I I . I b 1 ,,t~ 4 I ~~ E •b `_ i EXISTING ---- ~ DINING b~ ~~ SFR I b « n b ~ - ENCILOISED ~ R ~ a n BATH n ~ ~« PATIO ~'^ $ /?~ ~f -_- ~ 4 q ATIO 8 __ ~ COVER i A S - LMNG ~. ~ A~HAGE ~ 6 b~ BEDXf2~ 'y C 1 ~ ~ bA ~ 61C~Ib YI~M,° a . ~ ,y . PORCH '\ 1 ~' ~~~ i AREA ANALYSIS GARAGE ~ rmi b vnc nu WK[ . ' " bN Q SRE PLAN NOTES f0pf"""' °` ""' "" 1~- ~ {~y~q~~~~~ .o. cow..a ne. f1 fai 8~7YfYlA'A6 11g~.("r'yP~"..r ,. ~"r` 134.~{I"i!'1311b?pi~:'~.~.~~pp~. ~5~~~ .. ~;'~14£dlti° aY+°7F~JPk ..f. PROJECT DATA ,....... °" 2252 JUDITH LN ~ ~' SANTA ANA, CA 92706 oN(s ru N S ~ "f W ni2.•s FTI N C~ ~ yIxs ypy p~ ~ s ~v Ll°k L MR °uM~ hf°`°MM~AC4tMFWS Ywl KCwn d My ~m~oH~P ° + py ° 'fG Ip ~~~"MPW~~i y ,yi,~ iOHiNfto °M.IGL. AI Meclel VICINITY MAP ,a„'„." ;° "°," iFSryNy,[ tl of ~ ~ ~ f I s ~ ~ ~. ` -~ .. _.. SHEE7INDEX n,ly Roos rtuf rMM6 ,Mps°Mf R,II 0 ~ Z N J Q A r APPLICABLE CODES ; Q AsmM YnIE ooo[ .cK, ayswM Y[c~M CWI rt[n .~rp ' Z v Q Q ° aam ~rtu yAO, Coos CONSTRUCTION N Z .,,s> °~~,~N ~ ,~,°o. ~ , a PROPERTY ZONNING= R-2 VICENTE6YAZMIN PIEORA IfMI,/x~,uus PLOT ego- A-1 ~~ Im AI Meclel 1 ~' 1 I, '`VIII .~ I x y w !m mi'm SOUTH ~~ Y b ' 6 ~' FRONT ELEVATION OF EXISTING DWELLING Q ELEVATION NOTES Mo wl~m ro ' riaip6'~~ai [lu ~aaoho. n IW •~ slaco ryw •au .yyy r~~p xW ImuurvAy .~ ' fLel~la tw;.'c w;tto ~o ' Wtu~i t.'.Ni ~°MO ~o SU[G{o• vql o npxp[ usouMO uv[ v[NI~ a cou tl. ~n ~•.: ~~, .. 0 Z n .J N 07 =Q ~ V °a ~ ~ a ~Q = N Z Q N VICENTEB YRZMIN PIE~RR I~ul ~~x-looo EXTERIOR ELEVATIONS i-.r.o- A-2 ~~ """ EAST f A.::... i g: ~. 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T Wi YY Ati l9 KO-09/26/08 RESOLUTION NO.2008-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-16 AS CONDITIONED TO ALLOW A REDUCTION IN THE STREET FRONTAGE STANDARDS IN THE TWO- FAMILY RESIDENTIAL (R-2) ZONING DISTRICT IN ORDER TO CONSTRUCT A 1,113 SQUARE FOOT DWELLING UNIT WITH AN ATTACHED TWO-CAR GARAGE AT 2252 WEST JUDITH LANE 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. 2008-16 to allow a reduction the street frontage standards in the Two-Family Residential (R-2) zoning district in order to construct a 1,113 square foot dwelling unit with an attached two-car garage at 2252 West Judith Lane. B. Variance No. 2008-16 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on September 22, 2008. C. Variance No. 2008-16 has been filed with the City of Santa Ana seeking to reduce the required street frontage from 75 feet of street frontage to 56 feet. D. Santa Ana Municipal Code Section 41-247.7(b) requires a minimum of 75 feet of street frontage in order to construct a second single-family residence on an R-2 zoned property. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 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 provisions of this chapter. Resolution No. 2008-31 Page 1 of 5 31 D-10 Special circumstances exist in that this lots irregular shape, due to its location on a quasi-cul-de-sac, has limited its street frontage to 56 feet although it is 19,339 square feet in area. This reduced street frontage has created a hardship by preventing the owner from building a second dwelling unit although the lots R-2 zoning and LR-7 General Plan land use designation allows for the second unit which will meet all of the other development standards in the R-2 zoning district. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the opportunity to develop this site with a second single- family residence that meets all other applicable development standards and which is a permitted use in the R-2 zoning district. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The proposed single-family dwelling will have no detrimental impacts on the surrounding properties or neighborhood. The lot is being developed with an appropriately sized and scaled single-family residence that will harmoniously blend with the primarily two-family residential character of the neighborhood. The proposed residences location towards the rear of the property and use of an existing driveway for access will further help to minimize the units' visual impact from the street. These efforts were made to comply with Policy 2.2 of the Urban Design Element, which encourages development that is consistent with the scale, bulk and pattern of existing residential neighborhood. 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 City's General Plan in any way as the land use designation of Low Density Residential (LR-7) would allow up to three units on the subject property while only two are proposed. This is consistent with Policy 3.5 of the Land Use Element which encourages development that is compatible in scale and consistent with the character of the neighborhood. This project also supports Goal 4 of the Housing Element, which Resolution No. 2008-31 Page 2 of 5 31 D-11 encourages the development of a variety of housing opportunities to accommodate current and projected housing needs. F. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15303(a). This Class 3 exemption allows for the construction of single-family residences in a residential zone. As a result, no further environmental review is needed. Environmental Review No. 2007-215 will be filed for this project Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2008-16, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the required street frontage from 75 feet of street frontage to 56 feet. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated September 22, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22nd day of September, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: De La Torre, Mill (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney Resolution No. 2008-31 Page 3 of 5 31 D-12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-31 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 22, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-31 Page 4 of 5 31 D-13 Conditions for Aaaroval for Variance No. 2008-16 Variance No. 2008-16 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 Califomia Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this variance. 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 Site Plan Review DP No. 07-81. 2. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 3. Provide landscaping in accordance with submitted landscape plan. 4. Show on the final landscaping plan, that the concrete in the rear yard behind the existing building has been reduced so that it is just a driveway leading to the attached garage of the new residence. Replace removed concrete with landscaping consistent with City regulations. Modified by Planning Commission on September 22, 2008 Resolution No. 2008-31 Page 5 of 5 3 ~ ~f'ri~ii~ PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF_CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the fore oing document described as: Resolution No. 2008-31 (Variance No. 2008-16}g in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: AI Maciel 2017 West Alto Avenue Santa Ana, CA 92703 Vicente Piedra 2252 West Judith Lane Santa Ana, CA 92706 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ 31 D-15 31 D-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: VARIANCE NO. 2008-18 TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS AND VARIANCE NO. 2008-19 TO ALLOW A SERVICE STATION BUILDING TO EXCEED THE HEIGHT STANDARDS AT 3414 SOUTH MAIN STREET - FIED~R GROUP, APPLICANT 2 ~ (' ~~-- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2008-18 as conditioned and Variance No. 2008-19 as conditioned. PLANNING COMMISSION ACTION On October 13, 2008, the Planning Commission adopted a resolution approving Variance No. 2008-18 as conditioned to allow a reduction in landscaped setbacks and Variance No. 2008-19 as conditioned to allow a building that exceeds the height standards by a vote of 5:0 (Gartner and Yrarrazaval absent) for a new service station at 3414 South Main Street in the Arterial Commercial (C5) zoning district. The Planning Commission added a condition that requires staff, the applicant, and the property owner for the adjacent apartment complex to meet and develop a landscape solution for screening the north and west sides of the new building (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J M. Trevino Executive Director Planning & Building Agency VF:rb Vf/reports/VA08-18&VA08-19.cc 31 E-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 13, 2008 TITLE: PUBLIC HEARING - FILED BY THE FIEDLER GROUP FOR VARIANCE NO. 2008-18 TO ALLOW A REDUCTION IN LANDSCAPED SETBACKS AND VARIANCE NO. 2008-19 TO ALLOW A SERVICE STATION BUILDING TO EXCEED THE HEIGHT STANDARDS AT 3414 SOUTH MAIN STREET PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Vince Fregoso r--. ~~tive Director Planning Mai ger RECOMMENDED ACTION 1. Adopt a resolution approving Variance No. 2008-18 as conditioned to allow a reduction in landscaped setbacks. 2. Adopt a resolution approving Variance No. 2008-19 as conditioned to allow a building that exceeds the height standards. DISCUSSION Request of Applicant Erika Skeie of the Fiedler Group, representing BP West Coast Products LLC, is requesting approval of two variances in order to allow a new 2,400 square foot service station at 3414 South Main Street. Specifically, the applicant is requesting a variance to allow a reduction in the required landscaped setbacks as well as a variance to allow a building to exceed the height standards. r Property Description The subject site is a 21,000 square foot, square shaped parcel of land that is located at the northwest corner of Main Street and MacArthur Boulevard. The site is occupied by a 1,800 square foot ARCO service station and four fuel stations that was recently closed. The project site is zoned Arterial Commercial (C-5) and has a General Plan land use designation of General Commercial (GC) Surrounding land uses include multi-family residential to the north, east and west, and commercial uses to the south (Exhibits 1 and 2). EXHIBIT A 31 E-2 Variance Nos. 2008-18 and 2008-19 October 13, 2008 Page 2 Project Description BP West Coast Products, LLC, is in the process of modernizing service stations throughout the region, including two facilities in Santa Ana. A soils analysis of the site has identified a significant level of contamination on the premises. In an effort to remediate the site, the applicant is proposing to demolish the existing service station and canopies that were built in 1968 and construct a new one-story, 2,350 square foot ARCO service station and am/pm market. The new structure has been designed to be contemporary in nature and will incorporate a variety of architectural elements and materials such as stucco, slate stone (at building entrance and base of the building), a steel canopy over the entrance and a decorative roof cornice. The fuel island canopy will be architecturally integrated with the architecture of the building. A total of nine parking spaces are required and have been provided for the project. A comprehensive landscape plan that contains both tree and plant materials has been submitted. The plan includes maintaining existing mature trees if feasible and upgrading the sizes of the new trees from the minimum 15-gallon size to 36-inch box trees along the Main Street and MacArthur Boulevard frontages as well as on the north and west property lines (Exhibits 3, 4, 5 and 6). Analysis of the Issues The applicant is requesting two variances in order to allow the construction of a new service station. First, the applicant is requesting a variance from Section 41-372 of the Santa Ana Municipal Code (SANG) to allow a 10-foot landscaped setback along both street frontages. Second, a variance from Section 41-370 of the SAMC is requested to allow a building to exceed the 15-foot height requirement when adjacent to a residentially used property. The Zoning Ordinance was created to ensure strong and viable commercial districts supported by safe and well-maintained neighborhoods. An example of the standards established to reach these goals was the 15- foot landscaped setback standard for all commercial developments and height restrictions for commercial uses adjacent to residentially zoned or used properties. Because of the limited lot size and the various applicable standards for a service station use, it has been difficult for the subject property to rehabilitate into a viable, quality development. 31 E-3 Variance Nos. 2008-18 and 2008-19 October 13, 2008 Page 3 The first variance request is for a reduction in landscaped setbacks. Although the Municipal Code requires a 15-foot wide setback, the applicant is proposing to install a 10-foot wide setback. Staff is recommending approval of the setback variance for two reasons: First, nine feet of property was acquired by the City in 2004 as part of an intersection improvement project at Main Street and MacArthur Boulevard. The acquisition left the site with only one-foot of landscaping along Main Street while not affecting the existing 10-foot setback on MacArthur Boulevard. The reduced lot size, in conjunction with the need to design the service station to accommodates vehicle and fueling truck movements, has resulted in reduced landscaped setbacks. Second, the applicant is proposing to mitigate the impacts of the reduced setback by installing plant material that exceeds City standards. For example, thirty-six inch box trees will be planted on the site in lieu of the 15- gallon trees required by Code. Mature landscaping and vines will also be planted along the north and west property lines where the site abuts the residential use. The second variance is to allow the structure to exceed the 15-foot height limit where the building is adjacent to residentially used property. The applicant's proposal includes a retail building that will be 18 feet, six inches in height adjacent to the apartment complex to the north and west. The 15-foot height limit is intended to minimize the visual and aesthetic impacts of tall buildings adjacent to residential uses. Since the apartment buildings are approximately 70 feet away from the service station building and are separated by two rows of carports, staff is also recommending approval of the height variance. The carports, along with the 70-foot separation, will effectively mitigate any potential visual and aesthetic impacts generated from the height of the building. One of the goals of the Land Use Element of the City's General Plan is to preserve and improve the character and integrity of existing neighborhoods. The project has been designed to improve the character of the surrounding neighborhood through the use of quality architecture and materials and will contribute to the general well being of the community by allowing a well designed service station to be constructed on the site. Further, the building will enhance the economic stability of the area by converting an outdated facility into a vital, active development. To prevent the site from becoming an attractive nuisance, the Planning Division is recommending conditions of approval such as maintaining the perimeter block wall and prohibiting signage facing the residential uses. These conditions will assist in minimizing impacts to the adjacent residential uses. 31 E-4 Variance Nos. 2008-18 and 2008-19 October 13, 2008 Page 4 The proposed service station is in compliance with v outlined in the General Plan Land Use Element. The devE site with quality materials and finishes will complement neighborhood. Therefore, based upon an analysis of the project's compatibility with the City's General Plan development standards, staff recommends that the Plan approve Variance No. 2008-18 as conditioned and Variance conditioned. CEQA Compliance ~rious policies lopment of this the surrounding project and the and applicable Zing Commission No. 2008-19 as In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15302 and 15330. The Class 2 exemption allows the reconstruction of existing facilities that is the same purpose as the previous structure, while the Class 30 exemption allows actions to eliminate hazardous substances from the site. Categorical Exemption No. 2007-206 will be filed for this project. s _._ ~ ,./~-a Vince Fr oso, A~%CP Principa Planer `~- VF:jm Vf/reports/VA08-18&VA08-19.pc 31 E-5 CI At GENERAL AGRICULTURAL -B PARKING MODIFICATION Ct COMMUNITY COMMERCIAL C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAW INDUSTRIAL MO MILITARY OPERATIONS 0 OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN __ VA 08-18 & VA 08-19 ~ ARCO AM/PM SERVICE STATION ~ '~~?~ 3414 SOUTH MAIN STREET ~ - - = 500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP ~~B~ 1 TOWNHOMES y W ~ > W J J ~ Q Z A ' V/ Q h W Z W R E T A I L W W ~ C7 ~ W ~ ~ / P SFR SFR A P A R T M E N T S/ ~~/ Q. a -,~~~~ O / ~ ~ W t >~ ~ ;~ ~ ~ a o { \ _ I SFR SFR \ ~ BOULEVARD MAC ARTHUR SFR GAS V A C A N T SFR R E T A I L STATION SFR Z a C O N D O M I N I U M S VA 08-18 & VA 08-19 ~ ARCO AM/PM SERVICE STATION ~,, 3414 SOUTH MAIN 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 3~~~2 x ~_7.~ W '""1 W ~...: __ Te'-o• I ~ Ir " wu E wtwfK! 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M3 ~ IBIRp Il~M..MrO.IOIt r~.onano~r -lei- ~suana..tn~a ~' ~ L :."Vi"a: FLOOR PLAN 1 SGiLE: 1 4 .1 -0 MCIOOfI ~.Ml•11tl 111N ~~ FLOOR RAN DP. N0.2007-77 A.1 GENERAL NOTES: _ro ~ aaai~ As a4~,.., KFYFI'] NATFC• ~ ~ LL~.~,~ _ I.23'-0' ~~-i.0. TOWER I19 -fi i.0~ PARAPET- - 112 6 _~~~ j r.o. REYEx lag-s _ ~0. RECESS ncc 4 I O 100' 0' ____ ~__ _ ~0 SUB A a n O ~ o. LEFT ELEVF ~ ~ SCALE: 1/4" 1 i ~~~ ~J1 Qo 123 T.O. 119 TO X112 Y T.O. ID9 r.0. /~ I~00 V r.0. '~ 0 -~ A ,~4 - ~` ARCO fiedlergroup •Archirenure •En®Mering •P ojc I Manageme feAlergmupcom M2E 6 REBURD NEW 340D AMIPN GSfg1E NEW 8 N.PD. CANOPY NEW U.G STORAGE TANKS 3410 S. MAIN STREET 0o nFAO Y OgG]l~ OY/2N0] 11134 V ~(TERIOR ELEVATIONS DP. NO.2007-77 A.2 *ta~ 5><laRn0ar nwSM 8 aar 1eEron)~ rawau weal[ awr uxF a Eel[aw aMRD fI£µCmuCAL aRYxT. ~~sa~~a~,~ ~p9~ EXTERIOR FINISHES n®cc rM~~sN a (vwnwo wur rusrw7 owl afro uw IwmR u.cx %awm o ~ k"~K ~ yaw. ~a ~~ .m ~Ta~P~p a~ ~«w , r lavwco coeae,E mz EXTERIOR PAINTS 0 .o. ~sn O rw, ~s~ O am asn o ~:~ o m~ n~~ aa~im .,,~,w ~.~ o »oa ~~ o ~ aa,a q ~T~E al„a o ~ a.,a p .,~c aa,~ A~,a, o m a,w~ a, .»~ a,~ . „a, o »al ~~ O ao, ego 0 aor ~~ 123 -0 r.o.- TowEa -- 119, -fi i.0. PARAPET- - X100-0 Vr.O. SlA9.._..- RIGHT ELE\ SCALE: I /1' _ ,zd-o __ T.O. TOWER ~I19_-6 m_ Y T.O. PARaP~Ef..- 19'-fi VtAPET 12' 6' ~EYFAL~ 00'_ 0' SLAB V GENERAL NOTES• .~ aasar as P~a~ 6 i FlNiSN w[ (avi0r~ /maxYOSanT e.nu 60m n1Eta~ .OU.tlp EIE<r.KAL EpNr6Exr. ,i.~~/..,,..... ~w nKrNxnc6>E6 6iaK 9LL EXTERIOR FINISHES r~R W~xmla~.I xro5 mfr m5rEn1 Mfn ucrat uTM .~mrr xFUVU tam mpar m 4.u6 rx Saat.m 0 i-i/z xx>t . z i.wEnFD mxw[rt UttE EXTERIOR PAINTS o .pr 6~ x r usm (~ . r ~~ 6i~~ o .. ~~ a i 6~6 tam. a[n wowzm uuw.u. rw9l 0-006 . r uYn x r osm r .nrp ip oau5rore Gino 0 r .artH iP B69t .x•xi ai r6r r warm io rasrFn sort a ~r65 o .pr 6~ .r6~ cOis xrovn ~~ ARCO fiedlergroup .Arrnae •Engineering •PUnning •Projen Managemml fedlergroup'mm RAZE E REBUILD NEW R1W AYIPY CSTONE NEW a N.PA CNK)PY NEW U.G. 6T0MOE TANKS 31115. MAIN STREET FAC f 06071 X100 =0 ___ _ YTO SU9 .9 N O -~ A ~„~~ ~ I,. oenl~a7 1113a D(TEHIOfi ELEVATIONS DP. NO.2007-77 A-.2.1 ~~ v ~ ~ ~°e~~ ~ ~ ~ ~ ! ~ ~~~ ~ Si ~ ~ a 6 s N '~ ~ V ~ ! ` ~- a Q 0 s I6i~ ~ O ~ ~ Q ~ ~ ~ N 0 ~ ~ ~ ~ € pad S =~ E~ Hwy ~ ~ ~ R ~+ a ~g~~~ttg~~~ ~ygQy~~E~~4g~ ~~ e~~ ~ 1 ~ 3 i i ~ ~ ~ ~ Yl ~8tl ~d wL F ~ ~ ~ ~ S ®~© WWW _S a Y a s q „a ea O - - ~ .o-s ~ ^ 8 ~ L ~ ~§ ~ ~~ ~~ a~ T ,J~ - 6 °J$~" ~ ~ ` ~ ` Page 3 of 4 x ~ ~_ „~:w, .. ,~ _. ~~ - ~„. :.may:. b A ~ fiedlergroup 0 "'~ A Legaty of Success A .s BP STATION No.60T1 3414 S. MAIN STREET Santa Ana, CA. 92702 m 2 W (E)1pbN (E)1lbN Skte' tCmrt i -~- I ~ tpR/JNE 1CALL• 1' . t0'-0' t. AlL uxoscAPE AREAS ARE ro 9E wgwTm aY AN Q xE. ~cxr rANN gsEps UPOAiEO AU1d1Alm RIRIwlIOM SR1FY. ALL PLANTING ApFAS ARE ro BE VETNEIE- q 1ME E OR MCW AM / RAId UMi . ftELD PRIOR ro gsTAWTpN Di 1ME LAxDSCAPE AND Rpa.AnoN. Oj ME. VST uNIT w/ EM0.0SURE O. PLANT CRMT LOiAlS ARE FOIL [wiXALT011 O NETT PLANIEN w1H e' [llRe CIXINORENIZ qaY. CWRACIOR 5 RESPONlIgE fOR ACCWAR: RANT LWNI roTAL3 O 1!' R 1!' q1E NSIBRITY IINAN0.E A ALL ENSTING PUHTRiG NAIEANL SHOwI ON THE PLAN R ro REYAN Aro PNOlEL1ED WgMO O NEF YApO IIQIT (1F) CpISTRUCTW ACTNTES - ' e. n¢ E%ISTNG walGAnaN SYSnY rs ro a pEPAOEO MEr YwAINEMr SIOY (r-eil R e -e R7 O ~ ~uE wm ~w W f u ~ ~ SAM M RANTER MR O N 9E O O 9 AT P ov AY pI n Fp gLA AD REY YE (T1 ) a. rRTAU s' DEEP YRIIYUY u'~ER of oECdIAnN: BARN O NER ACLE- aAYP PEa nn ero. nzz YULp1 q-eETNEEx ALL SHRUBS AND GROIIHD COVER PUWT YAlEl11Al O NER RASH EIN:LOSIRE ). IAIFSE 1pFE3 ARE PWI1E0 gTMIH !FEET OP LIAR. EwSONG Rigwnpl BACNRON PIIENNIFR ro DE gSTALL ROOT BARKER PANELS PMALLEL ro .OENAtIt AND WRB AT A 061ANCE R ?S EEET CENTERED OII TIRRAI Di 1NEE. rt Rfl.OLA1EO ANO SCREEII[0 IIIM SHRUBS O EtOSTgO RATER YETUf a REEER TO ARCHiECNRAL 311E RAN - SLEET 5x.1 fpl ApglIONAL gfORMAlION PERTAPINC TO nE O IRRIwMIII COx1110.LER LOwll011 YONIINEHT SIGN. (ONDtALL NEIpIT Oi S'-e'ke'-B' MCIUDND A A' BASE) M 6' MIOE CdILREIE MOR-SONP Q W 0. REiER ro dNL SITE RAM - SLEET C1.0 fql 1R RELOLAlEO RANSEpNan AND 7EV. VAULT ADp1NMAL giglYAlIOM PERTARRN6 ro 1HE SITE W DENSLOPTIENT. w YIC~RIY YAP Y/ ~ _Z i Q ars R.e-DI„ SITE /LIE RAN ~. (~ ERIS1gG ~\ E.SnNG REE 1D REYAM (iYP l) UNIED DAMAGED WRING 1 CONSIIN[TIDIL RERR ro RAN EDY LWAnW. B xEEDEO ro B[ ~,L ~~ Tln~sruu' m I rnrA iIMSUC ~6. LttAnd T"t I , ~~ ERntwc PMl1 ro x nEYaYEo L_ ~ R°i En ro Pi~w'~rao iooLAnwi E' L~, (T1P az) v ~ ERRTRO TREE 10 BE REYOVEO 1/ c \, OUE ro CONSIRVCTION AC1MR6 (m a e) i RANT LlOBO AYNNOL WTANNfN.NAM! OONMON NAM! OAtAN771Y !Q! Im1AlINt misgxN LONfERIA BRSBANE BOX s b' eox wN. Ilucllr TY-o• _ - _ - _ _ - . - v rnRS uuFRYAru CMRAL ! x' eoR wM. MF1gR Tr-o• - 'WRAL' ORNWENLK PFAII Itl NR Rwlmta P •' Itl wT N+wal y ® RNAI ]LWR MDIG 'CINw' LIAIIA MdA INRTTAPNE % ! wl RAM ]'-e' O.D. p ~ i ~ iE) TRV1C ROYI `tl~ ~ JJ E C ~ ~ 1 y [ o PNOTNM [ PRASERI ERAEFR RiOIMN ) S GAL. PLWI l'-e' O.L. E E E E E m ~ttwESUS eostoN Iw zT + w1. RANr e'-o' oLLC.RnM vusrc upoEN TEs ~ AGAPAMiNU3 OTIIEMAUS ur o< TILE wIE AT I Du. a c tRBO.E~iis war MAC ARTHUR BLVD TAIUY' PE AISAMOM PF SRR1E ANO IAVENOER ee ,DAL PW1i E'_D- QL . AvFLKANr. FeoLee Q I L ^rI.IE' AID uMEwxR• m In_RAxIUYS . a)rrE ANO uvwoEp CONfACI: KEN ~~ usE As DRpIIDCOIER WEST THIRD ST. 3B! LOS ANOElEB~CA ~7 -_-_-_- DNARE INRAIMON'.• DrAaE NAMTI9N 300 eoET. MOLLS R6[R ro SPECRT.Allg6 FOR aGTILIAiION PFg1ER (YiJ)Jl1.7li1 EXT. 107 - - - - ----- -- ----------- FAXR fnal ]E1-1517 ------ -- -- TOTAL t/1NDHCAPE MEAr tAM 80FT. DP. N0.2007-77 MVO H~ RER~Ipe.lq aBEr){(~ >mfMNY.p. r.A. Erman ~ODAfld11 aaplgRMgf w~lU A.A q• ~. ! ~ ~ RAC { R®UlD IE7Ef10DANTMG.IdE N3z/BIFD WpP1 IM YII.70RIERETMq ~~ JI~Hr0.eMNN B7R3i WaRIvB~a m FACSOem~ ~~ L1.1 TJ-10/07/08 RESOLUTION NO. 2008-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-18 AS CONDITIONED TO ALLOW A REDUCTION IN THE REQUIRED LANDSCAPE SETBACKS AND VARIANCE NO. 2008-19 AS CONDITIONED TO ALLOW A BUILDING THAT EXCEEDS THE HEIGHT STANDARDS 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. 2008-18 to allow a reduction in the required landscaped setbacks and Variance No. 2008-19 to allow a building that exceeds the height standards for the construction of a new 2,350 square foot service station at the property located at 3414 South Main Street. B. Variance No. 2008-18 and Variance No. 2008-19 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 13, 2008. C. Variance No. 2008-18 has been filed with the City of Santa Ana seeking to reduce the required landscaping setback as required by Section 41-372 of the Santa Ana Municipal Code. Per Section 41-372, a landscaped area not less than fifteen (15) feet wide shall be maintained along any property line to the extent it abuts a street, except at approved driveways. The applicant is proposing to reduce the landscaping setback from the required fifteen (15) feet to ten (10) feet. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 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 provisions of this chapter. Resolution No. 2008-34 Page 1 of 9 31 E-15 Special circumstances applicable to the subject property necessitate a landscaping variance for the project. The subject site is aself-contained site surrounded by residential uses to the north and west and public streets to the south and east. Further, a recent street widening project resulted in the acquisition of nine feet of frontage along Main Street. Due to these special circumstances, the landscaped setback variance is necessary to allow the applicant the ability to use the property that is consistent with similar surrounding 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 landscaping variance is necessary to preserve the property owner's ability to develop the property with awell-designed service station that is consistent with the intent of the Arterial Commercial zoning district. iii. 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 for a reduction in landscaping will not be materially detrimental to the public welfare or injurious to surrounding properties as the project has been designed to preserve the character of the surrounding neighborhood. Further, the reduced setback will be mitigated through the addition of larger landscaping materials along Main Street and Macarthur Boulevard that exceed City standards. iv. 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 City's General Plan since the proposed service station has been designed in conformance with City Zoning, Development, and General Plan requirements. Resolution No. 2008-34 Page 2 of 9 31 E-16 D. Variance No. 2008-19 has been filed with the City of Santa Ana seeking to allow the new structure to exceed the 15-foot height limit along the north and west property lines where the building is adjacent to residential used property. Per Section 41-370 of the Santa Ana Municipal Code, no part of a building above the first fifteen (15) feet in height may be located within twenty (20) feet of the vertical plane of a rear lot line if the lot is contiguous to residentially zoned or used property on the rear. The applicant's proposal includes a new retail building that will be 18 feet, six inches in height, and adjacent to an apartment complex to the north and west. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. i. 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 provisions of this chapter. There are special circumstances applicable to the subject property. The site was reduced in size due to a recent street widening project along Main Street. Due to this acquisition, and the need to comply with on-site circulation standards, the placement of the building has been limited to the north portion of the lot adjacent to the carports of the surrounding residential uses. As a result, the height variance is necessary to allow the applicant the ability to use the property in a manner consistent with similar surrounding uses. ii. 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 to preserve the property owner's ability to develop the property with swell-designed service station that is consistent with the intent of the Arterial Commercial zoning district. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Resolution No. 2008-34 Page 3 of 9 31 E-17 The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding properties as the building will only exceed the height standard by three feet, six inches. Further, the building will be adjacent to carports and will not visually or aesthetically impact the nearby apartment complex. iv. 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 City's General Plan since the proposed service station has been designed in conformance with City Zoning, Development, and General Plan requirements. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15302 and 15330. The Class 2 exemption allows the reconstruction of existing facilities that are the same purpose as the previous structures, while the Class 30 exemption allows actions to eliminate hazardous substances from the site. Categorical Exemption Environmental Review No. 2007-206 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 3414 South Main Street: 1. Variance No. 2008-18, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the landscaped setbacks. 2. Variance No. 2008-19, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a building that exceeds the height standards. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 13, 2008 and exhibits attached thereto, which are incorporated herein by this reference. Resolution No. 2008-34 Page 4 of 9 31 E-18 ADOPTED this 13th day of October, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, De La Torre, Leo, Mill (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner, Yrarrazaval (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Teresa L. Judd Deputy City Attorney Resolution No. 2008-34 Page 5 of 9 31 E-19 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-34 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 13, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-34 Page 6 of 9 31 E-20 Conditions for Approval for Variance No. 2008-18 Variance No. 2008-18 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rior to exercising the rights conferred by this variance. 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. Plannins~ Division 1. The project shall remain in compliance with Site Plan Review DP No. 07-77. 2. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. 3. The required trees shall be upgraded to a 36-inch boxed size and shrubs shall be upgraded to a 15-gallon size throughout the project. 4. The landscape plan shall incorporate additional landscaping at the north and west sides of the building as approved by the City's Landscape Associate. Staff, the applicant, and the property owner for the adjacent apartment complex shall meet to attempt to find a landscape solution for screening the north and west sides of the new building. Modified by Planning Commission on October 73, 2008. 5. A minimum six-foot high masonry wall shall be maintained at the north and west property lines to separate this use from the adjacent residential uses. 6. Wall signage shall be limited to one sign on the south building elevation and one sign on the east building elevation. Such signage cannot face the adjacent residential uses. 7. No secondary signs advertising the sale or availability of products shall be permitted on the building or light poles. 8. The electrical and mechanical equipment located on the exterior of the west side of the building shall be enclosed within the footprint of the building. 9. Any amendment to this variance must be submitted to the Planning Division for review, at which time staff will determine if administrative relief is available or if the variance must be amended. Resolution No. 2008-34 Exhibit A Page 7 of 9 31E-21 Conditions for Approval for Variance No. 2008-19 Variance No. 2008-19 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 below rip or to exercising the rights conferred by this minor exception. 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 Site Plan Review DP No. 07-77. 2. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. 3. The required trees shall be upgraded to a 36-inch boxed size and shrubs shall be upgraded to a 15-gallon size throughout the project. 4. The landscape plan shall incorporate additional landscaping at the north and west sides of the building as approved by the City's Landscape Associate.. Staff, the applicant, and the property owner for the adjacent apartment complex shall meet to attempt to find a landscape solution for screening the north and west sides of the new building. Modified by Planning Commission on October 13, 2008. 5. A minimum six-foot high masonry wall shall be maintained at the north and west property lines to separate this use from the adjacent residential uses. 6. Wall signage shall be limited to one sign on the south building elevation and one sign on the east building elevation. Such signage cannot face the adjacent residential uses. 7. No secondary signs advertising the sale or availability of products shall be permitted on the building or light poles. 8. The electrical and mechanical equipment located on the exterior of the west side of the building shall be enclosed within the footprint of the building. 9. Any amendment to this variance must be submitted to the Planning Division for review, at which time staff will determine if administrative relief is available or if the variance must be amended. Resolution No. 2008-34 Page 8 of 9 31 E-22 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the foregoing document described as: Resolution No. 2008-34 Variance Nos. 2008-18 and 2008-19) in this action by p acing a rue copy ereof enc ose in sea a enve opes a ressed as follows: Erika Skeie The Fiedler Group 2322 West Third Street Los Angeles, CA 90057-1517 Patrick Foley BP West Coast Products, LLC 4 Centerpointe Drive La Palma, CA 90623 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2008-34 Page 9 of 9 31 E-23 31 E-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: PARTIAL ASSIGNMENT OF DEVELOPMENT AGREEMENT FOR THE CITY PLACE COMMERCIAL CENTER AT THE NORTHEAST CORNER OF MAIN STREET AND MEMORY LANE l~ ~ % ~ J u CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Manager to authorize the partial assignment of the Development Agreement for the City Place commercial center to LIC, Santa Ana Retail, Inc., a Delaware Corporation, with such non-substantive changes as may be approved by the City Manager and City Attorney. DISCUSSION On February 14, 2005, the City Council approved numerous entitlements requested by Main Street Concourse LLC for City Place, a mixed-use project located at the northeast corner of Main Street and Memory Lane. These entitlements included a development agreement for the entire development as well as a environmental impact report, conditional use permit and vesting tentative tract map to allow approximately 58,000 square feet of commercial space and 185 residential condominium units in the form of live-work and townhouse development to be constructed by Main Street Concourse LLC. Since the project's approval and development, Main Street Concourse LLC has elected to sell its development rights for the commercial center component to LIC, Santa Ana Retail, Inc., a Delaware Corporation. LIC, Santa Ana Retail, Inc., a Delaware Corporation is affiliated with the Phoenix Property Company, a developer of luxury residential and mixed-use properties across the nation. These properties, comprised of over 6243 units and 165,000 square feet of retail space, are currently valued in excess of $1 billion. Section 4.4 of Development Agreement No. 2004-04 allows the transfer of property to another party with City Council approval. Prior to the transfer, the Development Agreement requires a review of LIC, Santa Ana Retail, Inc., a Delaware Corporation development experience and financial capability to ensure LIC, Santa Ana Retail, Inc., a Delaware Corporation has the financial capability and development experience that is equal to 31 F-1 Partial Assignment of Development Agreement for the City Place Commercial Center November 17, 2008 Page 2 or greater than Main Street Concourse LLC. Further, the transfer of rights will include an assignment and assumption agreement confirming that the duties, obligations and liabilities from this Agreement are assumed by LIC, Santa Ana Retail, Inc., a Delaware Corporation. This ensures that the plans approved by the Planning Commission and City Council, together with all conditions and requirements, remain in place. Staff has reviewed various information concerning LIC, Santa Ana Retail, Inc., a Delaware Corporation. LIC, Santa Ana Retail, Inc., a Delaware Corporation and have concluded that they are a stable, sound company with the ability to maintain a high quality commercial project. Also, its expertise in completing various types of projects, including mixed-use urban infill projects and multi-family residential development substantiates its solid track record in developing and maintaining high quality projects. LIC, Santa Ana Retail, Inc., a Delaware Corporation has a variety of projects throughout the country which have been completed, including West Village, a five-building mixed-use urban village with internal streets and pedestrian circulation, 179 units and 135,000 square feet of retail on the ground level in Dallas, Texas; GrandMarc at Westberry Place, four and five story structures built over one story of retail, service and amenity space, containing 244 housing units and 30,000 square feet of retail in Fort Worth, Texas; and GrandMarc at Seven Corners, a four story mixed use project containing 183 housing units and 14,580 square feet of retail. LIC, Santa Ana Retail, Inc., a Delaware Corporation is an experienced company that has the capabilities to lease and maintain a high quality commercial project. Therefore, staff recommends that the City Council authorize the City Manager to execute documents transferring the development rights for the City Place commercial center project to LIC, Santa Ana Retail, Inc., a Delaware Corporation. FISCAL IMPACT There is no fiscal impact associated with this action. M. Trevino Executive Director Planning & Building Agency SK:rb sk\reports\City Place DA transfer 2008 31 F-2 L Wasser@gibsondunn.com October 30, 2008 (949) 451-3848 R 22553-00006 (949) 475-4770 VIA EMAIL Office of the Clerk of the City Council of Santa Ana 20 Civic Center Plaza, 8th Floor Post Office Box 1988 Santa Ana, CA 92702 Re: Purchase and Sale Agreement and Joint Escrow Instructions, dated September 10, 2008 (as amended, the "PSA "), by and among LIC Santa Ana Retail, Inc., a Delaware corporation ("Buyer "), and Main Street Concourse Retail LLC, a California limited liability company ("Concourse Retail') and Main Street Concourse LLC, a California limited liability company ("Concourse Owner ") Dear Sir or Madam: Pursuant to the above referenced PSA, Concourse Retail and Concourse Owner (collectively, "Seller") have agreed to sell to Buyer that certain real property located at the corner of Main Street and Memory Lane in the City of Santa Ana (the "City"), consisting of approximately 6.01 acres of land and 57,909 square feet of retail space, as more particularly described on Exhibit A attached hereto (the "Property"), which is operated as a commercial shopping center commonly known as "City Place." The Property is currently subject to that certain First Amended and Restated Development Agreement dated February 14, 2005, by and between the City and Concourse Owner (the "Development Agreement"). In connection with the foregoing, pursuant to Section 4.4 of the Development Agreement, Seller hereby requests that the City Council approve the proposed sale of the Property to Buyer, and place such request for approval on the consent calendar for the City Council meeting to be held on November 17, 2008. 31 F-3 Office of the Clerk of the City Council October 30, 2008 Page 2 Please let us know if you have any questions with respect to this request. Sincerely, Lesley Wasser LW/lw cc: Robert H. Bisno Bill Hammerstein Edward Fentin Drew Flowers 31 F-4 Office of the Clerk of the City Council October 30, 2008 Page 3 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 4 OF TRACT NO. 16565 FILED IN BOOK 872 PAGES 32 THROUGH 38 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. 100546967.2 (City Place_ Letter re Consent Calendar Kequest).DOC 31 F-5 31 F-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: RESOLUTION AUTHORIZING PARTICIPATION IN THE PROPOSITION 84 RIVER PARKWAYS AND URBAN STREAMS RESTORATION GRANT PROGRAM CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER CIT ANAGER RECOMMENDED ACTION Adopt a resolution authorizing the submittal of a grant application in the amount of $1,000,000 to the California Department of Parks and Recreation River Parkways and Urban Streams Restoration Grant Program for the Santiago Creek Restoration and Water Conservation Project. DISCUSSION California voters passed the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006. It added to the Public Resources Code, Section 75050, authorizing the Legislature to appropriate $18 million to the Department of Water Resources to fund projects that protect, restore, and enhance urban creek channels by combining effective, low-cost flood control with preservation and enhancement of the natural environment. Approximately $9.1 million will be available this funding cycle for projects. Applications are due on November 12, 2008. The City of Santa Ana Parks, Recreation and Community Services Agency, in partnership with the Discovery Science Center, proposes to submit an application for funding to re-establish and enhance fish and wildlife habitat and increase groundwater recharge at the Santiago Creek. The project scope will entail: 1) creating a channel through the existing parking lot at Santiago Creek to increase the flow of water to the Creek; and 2) removing invasive plants and establishing a natural habitat area that will attract fish and migrant birds. The habitat area will be utilized by the Discovery Science Center as part of their Water Program educational curriculum for young children. 55A-1 Resolution for River Parkways and Urban Streams Restoration Grant November 17, 2008 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. .~ Gera do Mouet, Exec tive Director Parks, Recreation and Community Services Agency 55A-2 Resolution No. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR AN URBAN STREAMS RESTORATION GRANT FOR THE SANTIAGO CREEK RESTORATION AND WATER CONSERVATION PROJECT Iss 11 /10/08 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The California Department of Water Resources, Division of Planning and Local Assistance, Urban Streams Restoration Program has announced the availability of grant funds to help solve flooding and erosion problems in a way that enhances the environment; and B. The Discovery Science Center has proposed to co-sponsor a grant application with the City of Santa Ana, for the Santiago Creek Restoration and Water Conservation Program (the "Project"); and C. The Project will be environmentally beneficial and will be categorically exempt from requirements of the California Environmental Quality Act (CEQA) under one or more of the following exemptions per sections 15300-15329 of the CEQA Guidelines: Class 7 Exemption -the project involves activities that provide for the maintenance and enhancement of a natural resource (14 CCR 15307). Section 2. The City Council approves the joint application with the Discovery Science Center for an Urban Streams Restoration Program grant. Section 3. The City Council delegates authority to the City Manager or the Executive Director of the Parks, Recreation and Community Services (PRCS) Agency to accept and sign any contract for administration of the grant funds, and further delegates the PRCS Administrative Services Manager to act as Project Manager for the Project. The Project Manager is authorized to manage the Agreement, submit invoices, and to delegate others to provide management and support services required for performance of the work and administration of the Agreement. 55A-3 Adopted this day of 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT Councilmembers Councilmembers CERTIFICATE OF PUBLICATION & ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008 - to be the original resolution adopted by the City Council of the City of Santa Ana on Date Clerk of the Council, City of Santa Ana 55A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: PUBLIC HEARING: AMENDMENT TO THE 2005 URBAN WATER MANAGEMENT PLAN CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on '!y' Reading ^ Ordinance on 2~`' Reading ^ ImplemE:nting RE;solution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER T-T CITY MANAGER RECOMMENDED ACTION Adopt an amendment to the 2005 Urban Water Management Plan. DISCUSSION Urban water suppliers are required by the Urban Water Management Plan Act to update and submit a plan to the Department of Water Resources every five years. The Act requires water suppliers to describe and evaluate sources of water supply, efficient uses of water, demand management measures, implementation strategy and schedule, and other relevant information and programs. On November 7, 2005, the City adopted Management Plan. The Plan was then California Department of Water Resour January 30, 2008, DWR staff responded b clarifications and additional informatio for approval. An amendment to the 200 contains the required information. available for review in the Clerk of recommends the adoption of the amendment ENVIRONMENTAL IMPACT the updated 2005 Urban Water forwarded to the State of ces (DWR) for approval. On ack to the city with a list of n to be added to the 2005 Plan 5 Plan has been prepared which Copies of the amendment are the Council's office. Staff to the City's 2005 Plan. In accordance with Section 15282 of the CEQA Guidelines, preparation and adoption of urban water management plans are statutorily exempt from further environmental review. Statutory Exemption Environmental Review No. 2005-187 was filed for this project. 75A-1 Public Hearing: Amendment to the 2005 Urban Water Management Plan November 17, 2008 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. J~fnes G. Ross xec tive Director Pub is Works Agency 75A-2 Amendment To the City of Santa Ana's 2005 Urban Water Management Plan (UWMP) October 22, 2008 This Amendment addresses the Department of Water Resources' (DWR) comments on the City of Santa Ana's 2005 Urban Water Management Plan (UWMP) and on the City's initial Draft Amendments to that Plan dated Apri19, 2008 and August 13, 2008. 1. Groundwater Identified as Existing or Planned Source a. DWR Comment -Need groundwater management plan. Projected groundwater amounts on table 7 are different from amounts on table 4? b. City of Santa Ana Response -The Orange County Water District (OCWD) is responsible for management of the groundwater basin from which the City pumps a portion of its water supply. Therefore, the City has not prepared its own groundwater management plan. A copy of OCWD's 2004 Groundwater Management Plan can be obtained from their website (http://www.ocwd.com/ assets/ pdfs/2004GWMP.pd1). One copy of that OCWD report will also be provided to DWR in digital form on a CD. c. DWR Response -One digital copy of the groundwater plan sent to Sacramento will be just fine. New data for table 7 will be incorporated into review sheets. 2. Planned Water Supply Projects and Programs a. DWR Comment -Are there any future projects for the City of Santa Ana that will increase water supplies? If so need to discuss in detail. b. City of Santa Ana Response -Pages 4-27 and 4-28 of the City's 2005 UWMP discuss future City of Santa Ana projects. The following language is included in this section of the Plan: "The projects that have been identified by the City to improve the City's water supply reliability and enhance the operations of the City's facilities include replacement 75A-3 The figures in included in Table 4 in Appendix B are correct. The figures in Table 7 were off by about 100 AF. The correct figures for Table 7 are shown below: Amendment to City of Santa Ana's 2005 UWMP October 22, 2008 of sewers, water mains, pump stations, chlorinators and improvement projects on SCADA systems." Over the past year, the City has completed a major SCADA system upgrade, which included new RTUs at all sites and installation of a new radio based communication system. Additionally, the City just completed and placed into operation two new wells (Nos. 40 and 41) as part of the OCWD/MWD groundwater storage program. The City also has an on-going well and pump rehabilitation program, which calls for pulling and refurbishing at least one pump per year. Over the next seven fiscal years the City's CIP includes water main replacements with project funding starting at $4.6 M in FY 2008/09 and increasing to $6.5 M for FY 2013/14. While each of the aforementioned projects improves the reliability of the City's water supply, these improvements do not directly increase the City's water supply. This may seem counter-intuitive with respect to the two new wells, but the amount of groundwater pumped by the City is strictly limited by the Basin Production Percentage (BPP) established by the Orange County Water District and the groundwater producers. The BPP, which is adjusted periodically, sets the maximum amount of water the City can pump from the basin in any given year, regardless of how many wells are used to produce that volume of water. c. DWR Response -The added information and clarification on the subject of planned projects for the City of Santa Ana addresses the law. 3. Water Shortage Contingency Plan Section -Stages of Action a. DWR's May 12, 2008 Comments on City's Apri19, 2008 Draft Amendment -The Water Shortage Contingency Plan Section of the UWMP Law under Water Code 10632 (a) clearly requires the City to provide stages of action within their Water Shortage Contingency Plan and needs to indicate supply conditions for each stage. The Law also requires the City to include plans fora 50 percent supply shortage. Even though Phase 3 of the City's Emergency Water Conservation Plan call for 20% reduction by their customers or less does not address the Law of having plans to deal with a 50% supply shortage. The City is stating that because the phrase or less is in the phase 3 wordage they are addressing the Law of having a plan fora 50% supply shortage. The Law is very clear on this section; However, Mr. Dave Todd, who is the program manager for the urban plans, can give a better determination on the subject. Mr. Todd can determine and allow the City to use the or less phrase as meeting the 50% supply shortage as required by Law. Therefore, Mr. Todd who is being cc on this e-mail can give us his determination and we can proceed with the rest of the review process. ~e~~f~0 Amendment to City of Santa Ana's 2005 UWMP October 22, 2008 (Mr. Todd's reply): According to DWR Legal, Water Code Section 10632(a) requires that the stages of action undertaken include up to a 50°Io reduction in water supply and an outline of specific water supply conditions which are applicable to each stage. b. City of Santa Ana Response to DWR's May 12, 2008 Comments -The City has prepared a Draft Water Conservation Ordinance to amend the relevant water conservation sections of the City's current Municipal Code. A copy of that Draft Ordinance is included in Appendix A to this Amendment. Pertinent water conservation sections of the City's Municipal Water Code are also included for reference in Appendix B to this Amendment. c. DWR Response - In an email dated September 5, 2008, DWR staff indicated they "can work with the new information and clarifications pertaining to the 2005 UWMP for the City of Santa Ana," which include those addressing water shortage contingency plans. 4. Preparation for Catastrophic Water Supply Interruption a. DWR's Original Comment on City's 2005 UWMP -Need to Address. b. City of Santa Ana's Apri19, 2008 Response - As noted on page 7-9 of the City's 2005 UWMP under the Section labeled "Catastrophic Supply Interruption Plan," the City's EWCP considers earthquakes and other emergencies that can create water shortage conditions. As noted on page 7-9, the Water Utility's Emergency Response Plan (ERP) identifies immediate actions that the City will take to respond, in coordination with the City's ERP, to a declared water emergency. The Plan also references the City's intent to closely cooperate with the Metropolitan Water District of Southern California (MWD) while utilizing MWD's Metropolitan Area Radio System (MARS) emergency network. The City's ERP also provides detailed information on organization and operational policies to be implemented during water emergencies. Both the City's Water Operations Center and Emergency Operations Center can also be activated during water emergencies. The Water Emergency Response Organization of Orange County (WEROC) can also be called upon to provide assistance. Additional information on the City's preparation for catastrophic water supply interruptions can be found on pages 7-9 and 7-10 of the Plan. DWR's May 12, 2008 Comments on City's Apri19, 2008 Draft Amendment Response -The Law clearly requires a description or a protocol that the City of Santa Ana will follow after an earthquake or regional power outage. Neither can be found on page 7-9 nor in the above response by the City. If the procedure the City is going to initiate after a catastrophic event such as an earthquake or regional power outage can be found in the ERP as stated above, then the ERP needs to be included as an attachment and reference the pages where such information can be found within the ERP. However, by adding a short description of the specific procedures the City of Santa Ana will follow to ensure that the residents of Santa Ana continue to have access to potable Amendment to City of Santa Ana's 2005 UWMP October 22, 2008 water during or after either event as well as any other event that the City has planned for would meet the Law. d. City of Santa Ana Response to DWR's May 12, 2008 Comments -The City's existing Emergency Operation Plan (EOP) describes the protocol to be initiated after a catastrophic event such as an earthquake or regional power outage. Relevant sections of that EOP (pages 58 through 62) are included for reference in Appendix C to this Amendment. DWR Response - In an email dated September 5, 2008, DWR staff indicated they "can work with the new information and clarifications pertaining to the 2005 UWMP for the City of Santa Ana," which include those addressing emergency operations plans. 5. Consumption Reduction Methods a. DWR's Original Comment on City's 2005 UWMP -Need to Address. b. City of Santa Ana's Apri19, 2008 Response -The requested information was included in Table 23 in Appendix B of the City's 2005 UWMP. That table is presented below along with the addition of a fourth row displaying a projected reduction of 50~/o during a severe water emergency (as discussed under Item No. 4 above). Specific activities in which reductions will be required are detailed on pages 7-2 and 7-3 of the Plan and include required reductions or curtailments of washing sidewalks, driveways, parking areas, paved surfaces; watering lawns and landscaping; using decorative fountains, ponds and lakes; and serving drinking water in restaurants. .. - . -. .. r 1 r -. ~4 4 }~....,,aa~'' c ~~ ~ i j~ ~: Reduce water consumption use for particular activities Phase 1 NA Reduce water consumption use for particular activities Phase 2 10% Reduce water consumption use for particular activities Phase 3 20% Reduce water consumption use for particular activities durin a severe water emer enc Phase 3 50% c. DWR's May 12, 2008 Comments on City's Apri19, 2008 Draft Amendment Response -The required information is not in Table 23 of Appendix B, page B-10 of the plan. in fact Table 23 in Appendix B is incomplete and that table corresponds to the DWR's comment number 3 above which needs a decision by Mr. David Todd. Since the City of Santa Ana does not have defined stages of action for supply reductions beyond the 20% as specified in Phase 3 of their plan. One will get a table like the one above (Table 27) which includes a second Phase 3 and a 50°Io supply reduction. In re pity the a,_~„ Amendment to City of Santa Ana's 2005 UWMP October 22, 2008 way the City claims it's meaning to be with the phrase or less can be any percent less than 20 and is not specific enough to address the Law of 50% water supply reduction. Since comment 3 and 5 are relating to almost similar questions regarding the Water Shortage Contingency Plan Section this will also have to be a decision that Mr. Dave Todd of our Sacramento Office can struggle with and advice us in the near future since he will probably have to ask our Legal Counsel's interpretation. d. City of Santa Ana Response to DWR's May 12, 2008 Comments -This item has been addressed in the Draft Water Conservation Ordinance amending the water conservation sections of the City's Municipal Code. Please refer to the response to Question No. 3 and to Appendices A and B. DWR Response - In an email dated September 5, 2008, DWR staff indicated they "can work with the new information and clarifications pertaining to the 2005 UWMP for the City of Santa Ana," which include those addressing consumption reduction methods. f~a-Y~ APPENDIX A DRAFT WATER CONSERVATION ORDINANCE ~~a_,~„ Appendix A DRAFT ORDINANCE NO. NS- AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 39-108 OF THE SANTA ANA MUNICIPAL CODE REGARDING CONSERVATION OF PUBLIC WATER SUPPLY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 39-108.1. Water Conservation Phase IV. During water conservation Phase IV no person shall: (1) Violate the provisions of Phases I, II and III, with such modifications to those provisions as may be established by the City Council and set forth in the resolution declaring Phase IV, including, but not limited to, further restrictions or the elimination altogether of landscape irrigation. (2) Violate such additional regulations or rationing measures as may be established by the City Council and set forth in the resolution declaring Phase IV, as determined by the Council to be necessary in response to a water supply shortage of 20% up to 50%, or greater. (3) Make, cause, use or permit the use of water for any purpose in excess of the applicable percentage of the amount used in the customer's premises during the corresponding billing period of the prior calendar year, such percentage to be determined by the City Council and set forth in the resolution declaring Phase IV. SECTION 2: 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. Y5,4,_§ Appendix A SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM Joseph W. Fletcher City Attorney COUNCILMEMBERS: Pulido Tinajero Bustamante Martinez Benavides Alvarez Sarmiento day of 20_ Miguel A. Pulido Mayor ~,~=fin APPENDIX B SANTA ANA MUNICIPAL CODE, DIVISION 4, SECTIONS 39-105 THROUGH 39-115 REGARDING CONSERVATION OF THE PUBLIC WATER SUPPLY (Note: the Draft Water Conservation Ordinance Presented in Appendix A Revises Section 39-108 of this Document) ~5ii='r"i Appendix B DIVISION 4. REGULATIONS GOVERNING WATER CONSERVATION PHASES Sec. 39-105. Determination of conservation phase. The city council shall make findings of shortage and declare the applicable water conservation phase by resolution. (Ord. No. NS-2073, § 1, 9-4-90) Sec. 39-106. Water conservation Phase I. During water conservation Phase I no person shall: (1) Wash sidewalks, walkways, driveways, parking areas or other paved surfaces, except as is required to dispose of dangerous liquids or substances dangerous to the public health and safety. (2) Water lawn, landscape or other turf areas except between the hours of 4:00 p.m. and 10:00 a.m. (3) Use water to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic structures unless such water is part of a recycling system. (4) Serve drinking water to any customer unless expressly requested. Nor shall any restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale serve drinking water to any customer unless expressly requested. (Ord. No. NS-2073, § 1, 9-4-90) Sec. 39-107. Water conservation Phase II. During water conservation Phase II no person shall: (1) Violate the provisions of section 39-106, except that the restrictions on watering lawn, landscape or other turf areas shall be modified to prohibit watering more often than every other day and such areas shall only be watered between the hours of 6:00 p.m. and 6:00 a.m. This provision shall not apply to commercial nurseries and golf courses. (2) Water lawn, landscape or other turf areas of commercial nurseries or golf courses except between the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction on watering utilizing reclaimed water. (3) Make, cause, use or permit the use of water for any purpose in an amount in excess of ninety (90) per cent of the amount used on that customer's premises ~~~=1~~ Appendix B during the corresponding billing period during the prior calendar year. (Ord. No. NS-2073, § 1, 9-4-90) Sec. 39-108. Water conservation Phase III. During water conservation Phase III no person shall: (1) Violate the provisions of section 39-106, except that the restrictions on watering lawn, landscape or other turf areas shall be modified to prohibit watering more often than every third day and such areas shall only be watered between the hours of 6:00 p.m. and 6:00 a.m. This provision shall not apply to commercial nurseries and golf courses. (2) Water lawn, landscape or other turf areas of commercial nurseries or golf courses more often than every other day and shall only water between the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction on watering utilizing reclaimed water. (3) Use water from fire hydrants except for fire fighting and related activities. Other uses of water for municipal purposes shall be limited to activities necessary to maintain the public health, safety and welfare. (4) Make, cause, use or permit the use of water for any purpose in excess of eighty (80) per cent of the amount used on the customer's premises during the corresponding billing period of the prior calendar year. (Ord. No. NS-2073, § 1, 9-4-90) Sec. 39-109. Implementation of water conservation phases. (a) Each month the department shall monitor and evaluate the demand for water by customers and the projected available supply. Upon determination of potential or actual water shortage, the director of public works shall recommend to the city council the extent of the conservation phase required by customers in order for the department to prudently supply water to customers. (b) The city council shall make findings of shortage and declare the conservation phase by resolution. Said resolution shall specify the start date of the conservation phase. The resolution shall be published once in a daily newspaper of general circulation within the city and shall become effective immediately upon such publication. (c) The provisions of sections 39-107(3) and 39-108(4) requiring curtailment in the use of water shall be effective the first full billing period commencing on or after the date of such publication. (Ord. No. NS-2073, § 1, 9-4-90) v~,a=~~ Appendix B Sec. 39-110. Exclusivity of penalties. Notwithstanding any other provision of the Santa Ana Municipal Code, the penalties set forth in section 39-111 shall be exclusive and not cumulative with any other section of this Code. (Ord. No. NS-2073, § 1, 9-4-90) Sec. 39-111. Enforcement of water conservation phases. Violation by any customer of sections 39-96 through 39-108 shall be penalized as follows: (1) First violation. The director of public works or his designee shall issue a written notice of the fact of a first violation to the customer. (2) Second violation. For a second violation during any one (1) proclaimed water shortage, the director of public works or his designee shall impose a surcharge in an amount equal to fifteen (15) per cent of the customer's water bill. (3) Third and subsequent violations. For a third and each subsequent violation during any one (1) proclaimed water shortage, the director of public works or his designee shall install aflow-restricting device of one (1) gallon per minute capacity for services up to one and one-half (1 U2) inches size, and comparatively sized restrictors for larger services, on the service of the customer at the premises at which the violation occurred for a period of not less than forty-eight (48) hours. The department shall charge the customer the reasonable costs incurred for installing and for removing the flow-restricting devices and for restoration of normal service. The charge for installing and removing aflow-restricting device and any other penalties or charges due the city from the customer or due from any person who has applied for water service, shall be paid before normal service can be restored. (Ord. No. NS-2073, § 1, 9-4-90) Sec. 39-112. Relief from compliance. (a) A customer may file an application for relief from any provision of this section. The director of public works shall develop such procedures as necessary to determine such application and shall, upon the filing by the customer of an application for relief, take such steps as reasonably necessary to determine the application for relief. (b) The application for relief may include a request that the customer be relieved, in whole or in part, from the water use curtailment provisions of sections 39-96 through 39-108 and shall contain the basis for such request. (c) In determining whether to grant relief and the nature of any relief, the director of public works shall take into consideration all relevant factors including, but not limited to: Yak-'ik Appendix B (1) Whether any additional reduction in water consumption will result in unemployment; (2) Whether additional members have been added to the household; (3) Whether any additional landscaped property has been added to the property since the corresponding billing period of the prior calendar year; (4) Changes in vacancy factors in multifamily housing; (5) Increased number of employees in commercial, industrial and governmental offices; (6) Increased production requiring increased process water; (7) Water uses during new construction; (8) Adjustments to water use caused by emergency health or safety hazards; (9) First filling of apermit-constructed swimming pool; and (10) Water use necessary for reasons related to family illness or health. (d) In order to be considered, an application for relief must be filed with the department within fifteen (15) days from the date of publication of the resolution from which relief is sought. No relief shall be granted unless the customer shows that he has achieved the maximum practical reduction in water consumption other than in the specific areas in which relief is being sought. No relief shall be granted to any customer who, when requested by the department, fails to provide any information necessary for resolution of the customer's application for relief. (e) The decision of the director of public works shall be final. (Ord. No. NS-2073, § 1, 9-4-90) Sec. 39-113. Exemption. Single-family residential customers shall not be required to reduce consumption below twenty-seven (27) billing units per billing period during Phase IT or below twenty-four (24) billing units per billing period during Phase III. (Ord. No. NS-2073, § 1, 9-4-90) Sec. 39-114. Notice of violation. The director of public works or his designee shall give notice of violation to the customer committing the violation as follows: SSA='i~ Appendix B (1) Notice of violation of the water use curtailment of sections 39-96 through 39-108 shall be given in writing in the following manner: a. By giving the notice to the customer personally; or b. If the customer is absent from or unavailable at the premises at which the violation occurred, by leaving a copy with some person of suitable age and discretion at the premises and sending a copy through the regular mail to the address at which the customer is normally billed; or c. If a person of suitable age or discretion cannot be found, then by affixing a copy in a conspicuous place at the premises at which the violation occurred and also sending a copy through the regular mail to the address at which the customer is normally billed. (2) The notice shall contain a description of the facts of the violation, a statement of the possible penalties for each violation and a statement informing the customer of his right to a hearing on the merits of the violation pursuant to section 39-115. (Ord. No. NS-2073, § 1, 9-4-90) Sec. 39-115. Hearing regarding violation. (a) Any customer receiving notice of a second or subsequent violation shall have a right to a hearing by the director of public works or his designee, provided that a written request for hearing is filed within fifteen (15) days from the date of the notice of violation and the customer deposits with the city a sum equal to the billed surcharge and pays all other outstanding water charges. (b) The customer's timely written request for a hearing shall automatically stay installation of aflow-restricting device on the customer's premises until the department renders a decision. (c) If it is determined that the surcharge was wrongly assessed, the city will refund any money deposited to the customer. (d) The decision of the director of public works or his designee shall be final. (Ord. No. NS-2073, § 1, 9-4-90) Y~,4=i~ APPENDIX C SANTA ANA EMERGENCY OPEATIONS PLANS (PERTINENT SECTIONS OF THE WATER OEPATIONS PLAN 5~1i-'i~ Appendix C Santa Ana Emergency ~~erations Klan OPERATIONS: WATER UNIT PRIMARY: Public Works Manager ALTERNATE: Public Works Supervisor SUPERVISOR: Public Works Branch Coordinator GENERAL DUTIES: • Assess impact of incident based on Local Health Department, Department of Health Services (DHS) District Office of Drinking Water, and Utility emergency situation reports and other available information. • Identify need for and prioritize locations for water distribution (include needs of critical facilities). • Provide for water quality assurance. • Evaluate, plan and implement actions to acquire and distribute alternative potable water. • Determine the need to staff a water task group and secure resources through the Logistics Section. ^ If situation requires resources beyond the capability of the EOC, notify the Orange County Operational Area EOC via (Internet); ^ Provide water utilities in the affected area and the Orange County Operational Area EOC with situation status and information related to actions to provide alternative water supply; and ^ Provide information to media as appropriate. YOUR RESPONSIBILITY: Provide alternate source(s) of potable water to affected population. OPERATIONS -- 58 A=12~ Appendix C Santa Ana Emergency Operations Plan READ ENTIRE CHECKLIST AT START-UP AND AT BEGINNING OF EACH SHIFT. START - UP ACTION DATE & TIME INITIALS Check in u on arrival at the EOC. Report to the Public Works Branch Coordinator and obtain a briefing. Determine your personal operating location and set up as necessary. Review our osition res onsibilities. Obtain a briefing from the field command post(s) or DOC, if activated, prior to assuming EOC assignment and brief the Public Works Branch Coordinator. Identify yourself as the Water Unit Coordinator by putting on the vest with your title. Print your name on the EOC organization chart next to your assignment. Ensure that all required supplies are available and equipment is working properly (phones, radios, forms, lists, maps, etc.). Clarify any issues regarding your authority and assignment and what others in the or anization do. Activate elements of your Branch/Unit, establish work area, assign duties and ensure Branch/Unit journal/log is opened. Determine 24-hour staffing requirement and request additional support as required. Request additional resources through the Logistics Section or established ordering procedures, as needed. Ensure that all your incoming Branch/Unit personnel are fully briefed. Based on the situation as known or forecast, determine likely future Branch/Unit needs. Think ahead and anticipate situations and problems before they occur. Using activity log, maintain all required records and documentation to support the After-Action Report and the history of the emergency/disaster. Document: • Messages received • Action taken • Decision justification and documentation • Requests filled • EOC personnel, time on duty and assignments Precise information is essential to meet requirements for possible reimbursement by State OES and FEMA. APFRATIANS -- ~Q 7~A-19 Appendix C Santa Ana Emergency Operations Plan /~C'AIG~ A 1 AI'fC~ ATI/1A1 A 1 1'11 ITIC~ ~a~l~~nr~~ vr~nr~ 1 Ivl~r~~ uv 1 IG~7 DATE & TIME INITIALS Develop a plan for your Branch/Unit operations and support of field operations as requested. Assi n specific responsibilities. Keep up to date on the situation and resources associated with your Branch/Unit. Maintain current status reports and displays. Keep the Public Works Branch Coordinator advised of your Branch/Unit status and activity and on any problem areas that now need or will require solutions. Provide periodic situation or status reports to your Branch Coordinator for updating information to the Planning & Intelligence Section. Establish operating procedure with the Information Systems Branch of the Logistics Section for use of telephone, radio and data systems. Make any priorities or special requests known. Review situation reports as they are received. Verify information where questions exist. Anticipate potential situation changes, such as severe aftershocks, in all Branch/Unit planning. Develop a backup plan for all plans and procedures requiring off-site communications. Determine and anticipate your support needs and forward to your Branch Coordinator. Conduct periodic briefings for your Branch/Unit. Ensure they are aware of priorities. Monitor your Branch/Unit activities and adjust staffing and organization as appropriate to meet current needs. Use face-to-face communication in the EOC whenever possible and document decisions and policy. Refer all media contacts to our Section Coordinator. Be prepared to participate in the EOC Director's action planning meetin sand policy decisions if requested. Ensure that all your Branch/Unit personnel time and equipment records and record of expendable materials used are provided to your Branch Coordinator at the end of each operational period. Brief your relief at shift-change time. Ensure that in-progress activities are identified and follow-up requirements are known. BRANCH/UNIT OPERATIONAL DUTIES Determine the need to staff a water task group and secure resources through the Logistics Section. OPERATIONS - 60 ~~,~=~~ Appendix C Santa Ana Emergency Operations Plan DATE & TIME INITIALS Contact DHS District Office of Drinking Water, local health department, local water utilities, Public Works, Fire Department, Police Department and other sources to compile situation information including: • Cause and extent of water system damage. • Estimated duration of system outage. • Geographical area affected. • Population affected. • Actions taken to restore system. • Resources needed to reactivate system. • Emergency potable water needs (quantity and prioritized areas). Notify the Orange County Operational Area EOC (OAEOC) of the situation and need for mutual aid and participate in OAEOC Water Coordinator conference calls as requested. Contact DHS District Office of Drinking Water and request situation report for affected areas (including information on boil water order areas). Evaluate and prioritize potable water needs (quantity/location/duration-minimum 2 gallons per person per day). In coordination with the Logistics Section, identify and obtain potable water resources. (If necessary, recommend EOC Director requests mutual aid to identify and/or obtain water resources. (A list of approved commercial vendors is maintained by the Food and Drug Branch of DHS and is available through the Regional EOC [REOC] Water Coordinator.) Identify and secure locations for water distribution points (e.g., parks, city halls, shelters, etc.). In coordination with the Logistics Section, identify and secure staff resources needed to operate water distribution points. (If necessary recommend that the EOC Director request mutual aid to obtain required staff resources.) Consult with DHS District Office, water utilities and PIO for appropriate public information announcements and media interface. Transmit to Finance & Administration Section data on costs incurred in EOC effort to purchase and distribute potable water. OPERATIONS -- 61 7~~ 0~2~ Appendix C Santa Ana Emergency Operations Plan DATE & TIME INITIALS Please note: Going directly to the State agency (DHS District Office of Drinking Water) is not the normal channel of coordination. However, the local level must coordinate directly with and obtain approval of the State water quality agency for water system restoration. DEACTIVATION Ensure that all required forms or reports are completed prior to our release and departure. Be re ared to rovide in ut to the After-Action Re ort. Determine what follow-up to your assignment might be required before you leave. Deactivate the Water Unit position and close out logs when authorized by the Operations Section Coordinator or EOC Director. Leave forwardin hone number where ou can be reached. OPERATIONS -- 62 7~A-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: PUBLIC HEARING - ORDINANCE ELIMINATING DEADLINES FOR DEBT INCURRED IN THREE REDEVELOPMENT PROJECT AREAS C Y MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance to eliminate the time limits on the establishment of loans, advances and indebtedness to allow the Agency to incur debt up to the plan effectiveness deadlines for the Central City, Inter City, and Bristol Project areas. DISCUSSION In 2001, the California State legislature adopted SB211 which allows the City to amend a pre-1994 redevelopment plan to eliminate the time limit on debt incurrence. The legislative body is required to adopt a summary ordinance, which will allow the Redevelopment Agency to eliminate the time limits to establish new loans, advances or indebtedness. Upon adoption of the ordinance, the Agency will be required to pay the statutory pass through payments pursuant to Health & Safety Code Section 33607.7 to each affected taxing entity with which the Redevelopment Agency does not already have a pre-1994 pass through agreement. In January of 2004, the debt incurrence deadlines for the North Harbor, South Harbor, and South Main Project areas were extended. At that time it was determined that the financial impacts of the statutory pass through payments for the Central City and Inter City Project areas did not warrant extending the debt incurrence limits. Staff has since been analyzing the benefits of a debt restructuring to lower annual debt service obligations and raise new capital for eligible projects. Such a refinancing would necessitate the extension of time limits to incur debt. Should the debt refinancing not occur within a certain time frame due to bond market conditions, then the proposed ordinance will not become effective and there will be no additional financial obligation on the part of the Agency to the taxing entities. Notice of this public hearing was published on November 7, 2008. 75B-1 P.H. Ordinance Eliminating Deadlines for Debt Incurred in Three Redevelopment Project Areas November 17, 2008 Page 2 FISCAL IMPACT The projected net present value of pass through payments over the remaining term of the three project areas is $22,361,000 as a result of the amendment. APPROVED AS TO FUNDS AND ACCOUNTS: Cynthia J. Ne son Deputy City Manager for Development Services Community Development Agency ~rancisco Gutierrez ~~ Executive Director Finance & Management Services Agency CJN/NTE/kcg 75B-2 JW F 11 /03/08 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CENTRAL CITY, INTER-CITY AND BRISTOL REDEVELOPMENT PLANS OF THE CITY OF SANTA ANA TO ELIMINATE THE TIME LIMIT IN EACH PLAN FOR THE INCURRENCE OF DEBT. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. California Health & Safety Code Section 33333.6(a) & (b), part of the Community Redevelopment Law, was amended by Assembly Bill 1290 in 1993 to impose time limits on incurring debt, receipt of tax increment and effectiveness of the plan. The outside time limit for incurring debt under AB 1290 for plans adopted prior to 1994 was the later of 20 years after plan adoption or January 1, 2004. B. Senate Bill 211 (effective January 2002) permits the amendment of a pre-1994 plan to completely delete the debt incurrence deadline, with the result that an agency can incur debt under such a plan up to the deadline for the effectiveness of the plan. C. The City of Santa Ana wishes to utilize the procedure set forth in California Health and Safety Code section 33333.6(e)(2)(B) to eliminate the date that debt can be incurred in three of its six redevelopment plans so that the Redevelopment Agency can incur new debt until the end of the active life of the each of these three project areas so that the Agency can continue to meet its long term goals and objectives. D. The City of Santa Ana is cognizant that under Health and Safety Code section 33607.7, by adopting this ordinance amending the redevelopment plans in order to eliminate the debt incurrence time limit, the Redevelopment Agency will be required to pay the statutory pass-through payments to each affected taxing entity with which the Agency does not already have apre-1994 pass-through agreement. E. The Community Redevelopment Agency of the City of Santa Ana (the "Agency") is considering issuing approximately $88,000,000 in tax allocation bonds in early 2009 to restructure existing debt of the 75B-3 Agency as well as to generate additional bonds proceeds for Agency activities (the "2009 Tax Allocation Bonds"). Elimination of the debt incurrence time limit for these redevelopment plans is necessary for the structuring of the 2009 Tax Allocation Bonds. SECTION 2: As used in this Ordinance, the following definitions shall apply: Agency shall mean the Community Redevelopment Agency of the City of Santa Ana. Community Redevelopment Law shall mean Part 1 (commencing with Section 33000) of Division 24 of the California Health & Safety Code, as amended from time to time. Central City Plan shall mean the City of Santa Ana Redevelopment Plan originally adopted by Ordinance No. NS-1173 on or about July 2, 1973, as amended. Inter City Plan shall mean the Inter City Commuter Station Redevelopment Plan originally adopted by Ordinance No. NS-1636 on or about July 6, 1982, as amended. Bristol Plan shall mean the Bristol Corridor Redevelopment Plan originally adopted by Ordinance No. NS-2039on or about December 4, 1989, as amended. Tax increment shall mean property tax revenues allocated to the Agency pursuant to Section 333670 of the Community Redevelopment Law. Time limit on incurring indebtedness, Time limit on plan effectiveness, Time limit on receipt of tax increment shall have those meanings as described in subdivisions (a), (b) and (c), respectively, of Section 33333.6 of the Community Redevelopment Law, subject to all exceptions specified in the Community Redevelopment Law. SECTION 3: The Central City, Inter City and Bristol Redevelopment Plans of the City of Santa Ana are hereby amended to repeal the existing debt incurrence time limit so that the Agency can incur debt for these respective project areas up to the redevelopment plan effectiveness dates, as set forth below. 2 75B-4 Redevelopment Plan Time Limit On Incurring Indebtedness revised Time Limit On Plan Effectiveness unchan ed Time Limit On Receipt of Tax Increment unchan ed Central Cit Plan Jul 2, 2016 Jul 2, 2016 Jul 2, 2026 Inter Cit Plan Jul 6, 2025 Jul 6, 2025 Jul 6, 2035 Bristol Plan Dec 4, 2030 Dec 4, 2030 Dec 4, 2040 SECTION 4: If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. SECTION 5: This ordinance shall become effective upon the issuance and sale of the 2009 Tax Allocation Bonds. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2008. Miguel A. Pulido Mayor 75B-5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 4 75B-6 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: NOVEN~ER 17, 2008 TITLE: PUBLIC HEARING - DISPOSITION AND DEVELOPMENT AGREEMENT WITH OLSON URBAN HOUSING LLC CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hesiring For CONTINUED TO --~ n 1 /~~ __ __ FILE NUMBER CITY MANAGER EXECUTIV DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a purchase agreement with the Redevelopment Agency for the sale of real property located at 719-812 N. Concord for its appraised value plus normal escrow and closing costs. 2. Adopt a resolution regarding the sale of 2034 N. Bush, 2038 N. Bush, corner of N. Spurgeon and E. 22nd, 1314 Eastwood, 719 N. Concord, 812 N. Concord, 542 E. Central, 1029 McLean, 4010 & 4018 W. McFadden, 4106 W. McFadden, 4110 W. McFadden, 4809 W. Edinger to Olson Urban Housing LLC for the development of twenty affordable, single-family homes. COMMUNITY REDEVELOPMENT AGENCY ACTION 1. Authorize the Executive Director to execute a purchase agreement with the City of Santa Ana for the acquisition of real property located at 719-812 N. Concord for its appraised value plus normal escrow and closing costs. 2. Adopt a resolution approving a Disposition and Development Agreement between the Community Redevelopment Agency and Olson Urban Housing LLC for the development of twenty affordable, single-family homes at 2034 N. Bush, 2038 N. Bush, corner of N. Spurgeon and E. 22nd, 1314 80A-1 Public Hearing - DDA with Olson November 17, 2008 Page 2 Eastwood, 719 N. Concord, 812 N. Concord, 542 E. Central, 1029 McLean, 4010 & 4018 W. McFadden, 4106 W. McFadden, 4110 W. McFadden, 4809 W. Edinger. CONIl~IiJNITY REDEVELOPMENT AND HOUSING CONIl~SISSION RECONIl~~NDATION At its Regular Meeting of October 21, 2008, by a vote of 6:0, the Community Redevelopment and Housing Commission approved the following recommendations: (1) that the recommendation be amended to include military veterans, who either work or live in the City, be given priority during the lottery process; (2) that the City Council hold a public hearing and approve a resolution regarding the sale of 2034 N. Bush, 2038 N. Bush, corner of N. Spurgeon and E. 22nd, 1314 Eastwood, 719 N. Concord, 812 N. Concord, 542 E. Central, 1029 McLean, 4010 & 4018 W. McFadden, 4106 W. McFadden, 4110 W. McFadden, 4809 W. Edinger to Olson Urban Housing LLC for the development of twenty affordable single-family homes; and (3) that the Community Redevelopment Agency adopt a resolution approving a Disposition and Development Agreement between the Community Redevelopment Agency and Olson Urban Housing LLC for the development of twenty affordable single-family homes at 2034 N. Bush, 2038 N. Bush, corner of N. Spurgeon and E. 22nd, 1314 Eastwood, 719 N. Concord, 812 N. Concord, 542 E. Central, 1029 McLean, 4010 & 4018 W. McFadden, 4106 W. McFadden, 4110 W. McFadden, 4809 W. Edinger. DISCUSSION A key objective of the Redevelopment Agency (Agency) is to expand and preserve affordable housing. As such, the Agency is proposing to convey eight Agency-owned sites to accommodate the development of 20 single- family homes. Many of these sites were acquired as a result of street and freeway widening activities. Olson Urban Housing LLC (Olson) was selected by means of a Request for Qualifications process. On October 1, 2007, the Agency directed staff to enter into negotiations with Olson for the preparation of a Disposition and Development Agreement (DDA) that would ensure construction and sale of quality affordable housing. Negotiations are now concluded and we are prepared to move forward with the DDA. The terms of the DDA provide that the Agency will sell eight developable sites to Olson and provide them with a $2.45 million construction loan. Of the 20 homes, 13 will be sold to moderate-income (1200 of area median income (AMI)) families and the remaining 7 will be sold to low-income (80o AMI) families. Exhibit 1 shows the current maximum household income as adjusted for household size, as well as the current maximum affordable sales prices. The homes will be sold through a lottery process to be organized and conducted by Olson. Preference 80A-2 Public Hearing - DDA with Olson November 17, 2008 Page 3 will be given to households, including veterans, who live or work in Santa Ana. The future sale of these properties will be income restricted for a period of forty-five years in accordance with California Redevelopment Law. Although Exhibit 1 reflects the maximum allowable by State law, the proposed sales prices for the moderate income homes are $240,000 - $299,000 due to current market conditions and sales listings/comparables in their specific location. These prices will be evaluated prior to sale to determine if the fair market value has increased. Exhibit 2 shows the phases, addresses, and affordability level of each proposed home. Per the DDA, Olson will begin the entitlement process within 30 days and anticipates commencing construction in August 2009. The sites will be conveyed in two separate phases. Of the 20 homes, twelve have three bedrooms and two baths. The remaining eight homes have four bedrooms and two baths. The homes are either 1200 square feet or 1435 square feet. The homebuyers will be responsible for obtaining their own first mortgage financing. Low income homebuyers may be eligible for second mortgage, down payment assistance loans offered by the City through the federal American Dream Down Payment Initiative Program (ADDI) The Agency will record a trust deed (silent-second) on each property in an amount equal to the difference between the fair market value of the home and the affordable sales price. The property at 719 and 812 N. Concord is currently owned by the City of Santa Ana and was recently appraised for the amount of $730,000. Before it can be sold to Olson as contemplated in the DDA, it must first be purchased by the Agency. ENVIRONMENTAL COMPLIANCE Developer negotiations and preparation of a conceptual development plan do not constitute a project under CEQA guidelines. 80A-3 Public Hearing - DDA with Olson November 17, 2008 Page 4 FISCAL IMPACT Funds for the Agency acquisition are available in the Low and Moderate Income Housing Fund Infill New Construction account (no. 507-936-6611). Proceeds from the sale of the property to the Community Redevelopment Agency will be deposited in the Capital Outlay Fund revenue account (no. 051-O1-5721). Funds for the DDA are available in the Tax Increment Housing Set-Aside account (no. 507-936-6631). Proceeds from the sales of the homes shall be deposited in the Tax Increment Housing Set-Aside Sale of Land Revenue account (no. 507-O1-5721). APPROVED AS TO FUNDS AND ACCOUNTS: Shelly Landry-Bayle Housing Manager Community Development Agency Francisco Gutierrez ,r_/ Executive Director ("' Finance and Management Services CJN/SLB/mlr 111708 JT P H CC-CRA Scattered Infill Lots (3) 80A-4 Income Ranges Max. Low Income Max. Mod. Income One Person $47,100 $70,600 Two Persons $53,800 $80,700 Three Persons $60,600 $90,800 Four Persons $67,300 $100,900 Five Persons $72,700 $109,000 Six Persons $78,000 $117,000 Seven Persons $83,400 $125,100 Eight Persons $88,800 $133,200 Affordable Sales Prices Income Level Sales Price Three Bedrooms Sales Price Four Bedrooms Moderate Income $336,700 $361,700 Low Income $160,700 $171,700 Exhibit 1 80A-5 _ ~ LA VETA AV. _. ~ ~ ~ ~22 ~ GARDEN GROVE BL. -- m - r • 1 ~ • ~ 7 1 FAIRHAVEN AV • ` • ~ 22 1 a w ~ TRASK AV ? SANTA CLARA AV` A © I r 17TH ST. ~ ~ ^ • WASHINGTON AV j ~ ' - -- • Y 5 ` > a ~~ CIVIC CENTER DR Q ? , 5TH ST. SIH S. ~l . _ _ -- - SANT A ANA RL 4TH ST ' . _ ____ __ -, . ~~. _ __ .. • ___ _ _ ____ _ ~__-_- __.___...__. __.__.__-__._L___isr sl-. --_ --.____.__ __ .-_.- ---. _ ~ ~ ~. m ~ ~, ~ ~ a o • ~ a of E 3 a a c ~ ~ c ~ mi ~ m a z i MCFAD DEN AU s ¢ yo • f • MCFADDEN AU - ^ EDINGER AV. Q o ~ r ~ ° 3 " 3 T. ANDRE PL Q ~ a <n z ' ~ a ~ I ~ J WARMER AV. ~ F ~ 0 ¢ X55, Q SEGERSTROM DYER RO AITON AV a t ALTON AV ~ • ~ • MACARTHUR BL SUNFLOWER AV ~ ` 3 ¢ a 1 2 405 N h Scattered Infill Lots PHASE I (11 houses) Site Location Unit Count AMI A 2034 N. Bush Street 2038 N. Bush Street 2 $oo~o B N. Spurgeon & E. 22~d St 3 120% C 1314 Eastwood Avenue 1 120% D 719 N. Concord Street 812 N. Concord Street 3 (2- 4 bdrms) 120% H 542 E. Central Avenue 2 (4 bdrms) 80% Site Location Unit Count AMI E 1029 McLean Drive 1 (4 bdrms) 120% F 4010 & 4018 W. McFadden Ave. 4106 W. McFadden Avenue 2 (a bdrms) 80% 4110 W. McFadden Avenue 5 120% G 4809 W. Edinger Avenue 1 (4 bdrms) 80% 13 Total 120% AMI 7 Tota180% AMI EXHIBIT 2 80A-6 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND OLSON URBAN HOUSING, LLC, FOR THE SALE OF CERTAIN REAL PROPERTY AND APPROVING THE SALE OF SAID REAL PROPERTY UPON THE TERMS AND CONDITIONS CONTAINED IN THAT AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Redevelopment Projects, including strengthening of public-private partnerships to provide more affordable housing, and particularly to provide decent, safe, sanitary, and affordable housing to the lower income citizens of the City of Santa Ana. B. In order to implement the Redevelopment Plan, the Agency proposes to sell said real property located at: 2034 N. Bush, 2038 N. Bush, the corner of North Spurgeon and E. 22"d, 1314 Eastwood, 719 N. Concord, 812 N. Concord, 542 E. Central, 1029 McLean, 4010 & 4018 W. McFadden, 4106 W. McFadden, 4110 W. McFadden, 4809 W. Edinger (the Properties) pursuant to the terms and provisions of a Disposition and Development Agreement (hereinafter referred to as the "Agreement") between the Agency and Olson Urban Housing, LLC, which is on file in the office of the Executive Director of the Agency. C. Olson Urban Housing, LLC proposes to develop, construct, market and sell these twenty (20) single family homes to income qualified households. Of the twenty homes, thirteen will be sold to moderate 1 80A-7 income families, and the remaining seven will be sold to low income families. The term of affordability on each of the homes will be for forty- five years. D. The consideration for the Properties is not less than the fair market value of the land at the use and with the long term affordability covenants and conditions and development costs authorized by the sale. E. The Agreement contains all of the provisions, terms, conditions and obligations required by the state and local laws, as well as long-term affordability covenants benefiting the Agency. F. Olson Urban Housing, LLC possesses the qualifications and financial resources necessary to acquire and insure development and construction of the Properties as twenty single-family homes to be sold to qualified low income families in accordance with the purpose and objectives of the Redevelopment and Implementation Plan. G. Pursuant to the provisions of the California Redevelopment Law, the Agency and the City Council have held a duly noticed joint public hearing on the proposed sale of the Properties in compliance with Health and Safety Code section 33433. Section 2. The City Council has considered all terms and conditions of the proposed sale to Olson Urban Housing, LLC and hereby finds and determines that the sale and development of the Properties pursuant to the Agreement is in the best interest of the City of Santa Ana and the health, safety and welfare of its residents, and is in accord with the public purpose and provisions of the applicable state and local laws. Section 3. The City Council hereby finds and determines that the consideration for the sale of the Properties pursuant to the Disposition and Development Agreement is not less than the fair market value of the Properties determined in accordance with the covenants and conditions governing the sale. Section 4. The sale of the Properties by the Agency to Olson Urban Housing, LLC, upon the terms and conditions contained in the Agreement is hereby approved. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. 2 80A-8 ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 3 80A-9 80A-10 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: NOVEMBER 17, 2008 TITLE: FEDERAL NEIGHBORHOOD STABILIZATION PROGRAM ,/ '~ ~ '~ -- CITY MANAGER EXECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Re~commerided ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public He<~ring For CONTINUED TO FILE NUMBER 1. Approve a substantial amendment to the 2008-2009 Annual Action Plan and authorize its submittal to the U.S. Department of Housing and Urban Development. 2. Authorize the City Manager to execute a Neighborhood Stabilization Program application for grant funds in the amount of $5,795,155. 3. Approve an Appropriation Adjustment recognizing $5,795,155 in Neighborhood Stabilization Program grant funds and appropriating the same. 4. Adopt Neighborhood Stabilization Program guidelines. 5. Authorize the issuance of a Request for Proposals for program intermediaries. 6. Authorize the City Manager, or his designee, to negotiate and enter into any necessary contracts and/or agreements to implement the Downpayment Assistance Program. 7. Adopt a resolution establishing the Bank Owned Property Maintenance Program. 80B-1 Federal NSP November 17, 2008 Page 2 COMMUNITY REDEVELOPMENT AGENCY ACTION 1. Adopt Neighborhood Stabilization Program Mortgage Assistance Program. 2. Authorize the Executive Director to execute all documents relating thereto. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its Regular Meeting of November 4, 2008, by a vote of 5:0 (Reyna absent), the Community Redevelopment and Housing Commission approved the following: Recommended that the City Council: 1. Approve a substantial amendment and authorize its submittal to Urban Development. to the 2008-2009 Annual Action Plan the U.S. Department of Housing and 2. Authorize the City Manager to execute a Neighborhood Stabilization Program application for grant funds in the amount of $5,795,151. 3. Approve an Appropriation Adjustment recognizing $5,795,151 in Neighborhood Stabilization Program grant funds and appropriating the same. 4. Adopt Neighborhood Stabilization Program guidelines, including that military veterans and disabled persons, along with those who live and work in the City, be given priority; that open space be considered as a priority option under Program 5; and that the category of the number of households to be assisted by income be amended. 5. Authorize the issuance of a Request for Proposals for program intermediaries. 6. Authorize the City Manager, or his designee, to negotiate and enter into any necessary contracts and/or agreements to implement the Downpayment Assistance Program. Recommended that the Community Redevelopment Agency: 1. Adopt Neighborhood Stabilization Program Mortgage Assistance Program. 80B-2 Federal NSP November 17, 2008 Page 3 2. Authorize the Executive Director to execute all documents relating thereto. DISCUSSION The Housing and Economic Recovery Act of 2008 (HERA) appropriated $4 billion to be distributed to states and localities for the redevelopment of abandoned and foreclosed homes. The grant program funded through this appropriation is referred to as the Neighborhood Stabilization Program (NSP). Under the terms of the funding distribution formula established by the U. S. Department of Housing and Urban Development (HUD), Santa Ana has been allocated $5,795,151. The purpose of the program is to stabilize neighborhoods that have been impacted by foreclosed or abandoned properties. Congress did not want this program to be perceived as a bank bailout; therefore, HUD is requiring that the overall portfolio of acquisitions be discounted 15 percent of the appraised value. These funds may not be used to assist homeowners to avoid foreclosure; rather, the property must have gone through a foreclosure action, or has been abandoned. HUD based its calculation for the distribution of NSP funds on the number and percent of foreclosures, subprime mortgage loans and default or delinquencies in a given area. The funds must be contractually obligated within 18 months of approval of the application. Currently, Santa Ana has approximately 1,464 foreclosed properties and 1,126 properties with a Notice of Default. The data indicates that the areas of greatest need for single-family structures are aggregated in the central core of the City (Exhibit 1). On the other hand, the areas of greatest need for condominiums are concentrated in outlying census tracts. The regulations identify five allowable programmatic uses for the purchase of foreclosed or abandoned homes. 1. Establishment of financing mechanisms such as soft seconds and shared equity loans. 2. Purchase and rehabilitation for the purpose of selling, renting or redeveloping. 3. Establishment of a land bank for the purpose of assembling, managing and ultimately disposing of vacant land in a manner that 80B-3 Federal NSP November 17, 2008 Page 4 will help stabilize neighborhoods redevelopment of urban land. 4. Demolition of blighted structures. and encourage re-use or 5. Redevelopment of demolished or vacant properties to be used for a public purpose and/or new construction. Funds may be used to benefit households with incomes up to 120 percent of area median income, but a minimum of 25 percent of these funds, or $1,448,787, must be spent on activities benefitting very low-income households (50 percent AMI). In order to receive its funds, the City must adopt a Substantial Amendment to its 2008-2009 Consolidated Plan Annual Action Plan (Exhibit 2). The Annual Action Plan is the document whereby the City formally applies to HUD for its annual federal grant allocations (CDBG, HOME, ESG, and HOPWA) and describes how those grant funds will be used. The proposed NSP programs, budgets, target goals and locations are listed below. The program guidelines are identified in Exhibit 3. Prog. Program Budget Goal Location No. (# of Homes) 1 Downpayment Assistance Priority Program $400,000 20 Area Acquisition and 2 Rehabilitation - Priority Single Family Homes $2,015,636 40 Area Acquisition and 3 Rehabilitation - Condominiums and Historic Homes $700,000 10 Citywide Acquisition and 4 Rehabilitation - Rental Housing $1,800,000 24 Citywide CDBG rJ Eligible Redevelopment $300, 000 1 Census Tracts n/a Admin $579,515 n/a n/a Total NSP Grant $5,795,151 80B-4 Federal NSP November 17, 2008 Page 5 Further, a Redevelopment Agency funded Mortgage Assistance Program is proposed in the form of a silent second in order to create more affordable units and provide additional incentives for the homebuyer. The guidelines of the loan program are described in Exhibit 3. The Downpayment Assistance Program (Program No. 1) is intended for those properties that are foreclosed or abandoned but do not need rehabilitation. This program will be managed by City staff who will work directly with the interested and eligible homebuyer and or realtors. The activities related to Program Nos. 2, 3 and 4 will be undertaken by either non-profit or for-profit intermediaries. The entities will be procured through a Request for Proposal (RFP) that will be distributed to a broad range of consultants, non-profits, developers, etc. The purpose of the RFP is to solicit and select intermediaries to provide the complete range of services that will be necessary for the successful implementation of Programs 2 and 3. They will be selected based on their experience, resources and financial capacity to effectively rehabilitate and sell properties to eligible homebuyers. In an effort to leverage the NSP funds, the intermediaries will be required to have a line of credit available for the acquisition component. While it is foreseeable that one entity may have all these qualifications, the City will also accept partnerships between entities to meet the required services. The intermediaries selected to implement the Rental Program (Program No. 4) will need to demonstrate their capacity and experience in the acquisition, rehabilitation and long-term management of affordable rental housing. In addition, they must have experience in leveraging existing state and federal funds for affordable housing. Those selected will be the best qualified to implement the program within the legislated timeframe. The Rental Properties Program will meet the very low-income (50 percent Area Median Income) obligation. It is anticipated that up to three intermediaries will be initially selected in order to ensure timely implementation of the program. Thresholds will be identified for funding commitments to be made within relatively short time periods (say six months) from contract execution. Should they be unable to perform, then the City will have the ability to terminate those contracts and select a new intermediary that has been pre-qualified through the RFP process. We believe this to be the most expeditious way in which to commit the program funds and achieve the best results for the neighborhood where the property is located. The 80B-5 Federal NSP November 17, 2008 Page 6 RFP will be issued shortly after City Council approval of this action, and the recommended intermediaries will be presented for consideration in early 2009 once we receive confirmation from HUD that they have approved the program application. The Redevelopment Program (Program foreclosed or abandoned properties or other open space, or for redeye with NSP and CDBG requirements. itself, a subsequent action will be Redevelopment Agency. No. 5) allows the City to acquire suitable to be redeveloped as parks lopment purposes that are consistent Should such an opportunity present presented to the City Council and/or To further stabilize neighborhoods that have been negatively impacted by foreclosed properties, the City is implementing an additional program authorized through state legislation. SB 1137, which went into effect a few months ago, is designed to help homeowners whose homes are at risk of foreclosure. One small part of SB 1137 allows cities to administratively fine a bank up to $1,000 per day for failure to maintain residential property acquired through foreclosure. SB 1137 defines "failure to maintain" as: o failure to maintain exterior of building, including but not limited to, excessive foliage growth that diminishes the value of surrounding properties, o failure to take action to prevent trespassers or squatters from remaining on the property, or o failure to take action to prevent mosquito larvae from growing in standing water or other conditions that create a public nuisance. SB 1137 requires the City to give the bank 30 days notice to correct its violations (less if the violation relates to health and safety). If the violation is not corrected, the City can fine the bank up to $1,000 per day until the violation is remedied. The bank is entitled to an administrative hearing on the amount of the fine. A public notice was published on November 1, 2008, in the Orange County Register, La Opinion and Nguoi Viet News indicating that the draft Neighborhood Stabilization Program substantial amendment is available for review for the required fifteen days. In addition, it was posted on the City's website. ~:~i Federal NSP November 17, 2008 Page 7 FISCAL IMPACT By submitting this substantial amendment to its 2008-2009 Annual Action Plan and grant agreement, the City of Santa Ana will be eligible to receive up to $5,795,151 in grant funds from the U.S. Department of Housing and Urban Development. Funds for the Mortgage Assistance Program are available in the Tax Increment Housing Set-Aside Fund in the amount of $1,450,000 (account no. 507-936-6951). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~ Shelly Landry-Bayle Housing Manager Community Development Agency Francisco Gutierrez ~~ Executive Director Finance & Management Services Agency CJN/SLB/mlr 111'708 JT CC-CRA Federal NSP 80B-7 NSP Priority Area Copyright 2008. All Rights Reserved Exhibit 1 GpS10M a~ QJ 9t ~ ~ ~N o.eo _~'_ r ~i~ NEIGHBORHOOD STABILIZATION PROGRAM GUIDELINES Program Level of Terms Max. Loan Location Affordability 1 Down Payment Assistance 80 %AMI - • 30 year deferred payment loan; 0% Interest Up to the lesser Program 120% AMI • Due upon sale of 10% of sales Priority Area price or $40,000 2 Acquisition and Rehabilitation - 80 %AMI - Terms for Intermediaries - n/a Single Family Homes 120% AMI • Deferred loan payable at sale; 0% interest • Sales price o Low: 30% of 65%AMI (max. HH income 80%AMI) o Moderate: 30% of 100%AMI (max. HH income 80 - 120%AMI) • Lease to own option Priority Area Terms for Homebuyers - Difference • Eligible Homebuyers between FMV o Low: up to 80% AMI and affordable o Moderate: 80% to 120% AMI sales price • Silent Second; 3% interest rate principle only due after 45 years • 45 year Recapture/resale restrictions 3 Acquisition and Rehabilitation - 80 %AMI - Same as Acquisition and Rehabilitation -Single Family Same as Program Condominiums and Historic 120% AMI Homes Program No. 2 Citywide Homes 4 Acquisition and Rehabilitation - 30 %AMI - • 55 years affordability restrictions n/a Rental Housing 50% AMI • 0% interest rate Citywide • Rents affordable to households earning between 30%-50% AMI 5 Redevelopment n/a n/a n/a CDBG Eligible Census Tracts Definitions: AMI =Area Median Income HH =Household FMV =Fair Market Value EXHIBIT 3 DRAFT Neighborhood Stabilization Program Substantial Amendment FY 2008-2009 Prepared by City of Santa Ana Community Development Agency EXHIBIT 2 80B-10 DRAFT NSP GRANT SUBMISSION TEMPLATE & CHECKLIST NSP grant allocations can be requested by submitting a paper NSP Substantial Amendment or a form under the Disaster Recovery Grant Reporting (DRGR) system. This template sets forth the suggested format for grantees under the NSP Program. A complete submission contains the information requested below, including: (1) The NSP Substantial Amendment (attached below) (2) Signed and Dated Certifications (attached below) (3) Signed and Dated SF-424. Grantees should also attach a completed NSP Substantial Amendment Checklist to ensure completeness and efficiency of review (attached below). 80B-11 DRAFT THE NSP SUBSTANTIAL AMENDMENT Jurisdiction(s): City of Santa Ana, CA NSP Contact Person: Shelly Landry-Bayle Address:20 Civic Center Plaza, M-37 Jurisdiction Web Address: Santa Ana, CA 92701 http://www.santa-ana.org/cda/default.asp Telephone (714) 667-2287 Fax: (714) 667-2225 Email: SLandry-Bayle@santa-ana.org A. AREAS OF GREATEST NEED Provide summary needs data identifying the geographic areas of greatest need in the grantee's jurisdiction. Response: The NSP Program requires that jurisdictions give priority emphasis to areas of greatest need, including those: with the greatest percentage of foreclosures; with the highest percentage of subprime mortgages; and those likely to face a significant rise in the rate of home foreclosures. In order to meet this requirement, staff obtained city-wide data on residential properties, owner-occupied residential properties, foreclosures, subprime mortgages, and recorded notices of default from databases maintained by professional real estate firms. All data was collected in October of 2008. The total number of foreclosures, subprime mortgages, and notices'ofdefault were identified for each census tract. Each total number was divided by the number of single family structures in that particular census.. tract to get apercentage. For example: ~~}~CL~ t~ t7~Si?T;tF~ }'~ .=it."t~S Each census tract was then assigned a ranking number for each of its categories according to its corresponding percentage. An average was taken of each census tract's three ranking numbers and an overall ranking number was assigned based on that average ranking number. Census tracts were then sorted by overall ranking number to determine their relative risk of increased rate of foreclosures or abandoned residences. The relative frequency of recorded Notices of Default was deemed by the City to be a reliable predictar of future foreclosures and so serves to meet HUD's requirement that the likelihood of significant. future increases in foreclosure be taken into account. The three attached maps shows the distribution of foreclosed properties, those with subprime mortgages and the City's priority needs areas. Condominium units were excluded from this analysis because they are disproportionately impacted by foreclosure, and are concentrated in a relatively small number of outlying census tracts. Condominiums represent approximately 9 percent of the City's residential units while single family residences represent approximately 45 percent. Including them in the analysis would have had the effect of virtually eliminating a significant percentage of single family residences from coverage by the City's programs. Conversely, historically significant homes are small in number and widely scattered, but have a particular importance to the City's cultural life. The City will create a separate program 2 80B-12 DRAFT for condominium units and historically significant homes to insure that NSP funds can be used to acquire and rehabilitate such residential units. 3 80B-13 NSP Priority Area f; ,.. ~ { Legend ~~ ~ ~,.La x7,r e::~ ,.... Priority Area £ ~,. .,~,,,~,~„~,. CCrISUS Trails 0 ~ -.a { ~ rxr nan m .~ tuQ ~D ~ - k tx~ ~.« rat r., a 6 naw ~~ ~~ _ mr ~.~ i .; ~,. ~zrr +zrm 4 taut ~aat taw ~i eau taw ~ 6 on - _ was i rar ws t r. Rat nc~r :rk.c:a tar.« w.Q } t iellQ co wx~ x.~ G ttan ~~ ~ ~ ~+ twa ti +n 6 M'a ` ~ nast ~ F!S! 1 rx~~ a _.,,,,~~ rw,n _ ra» user... ,, '~Y, t1YM tN ~{ / ,~ 4. Q~~~~. 1 NIIN Copyright 2006. M Rights Reserved 4 80B-14 Foreclosures (Single Family, Multiple Family, 8~ Condominiums) f'~ • ~r~,., Legend ~-. r S~x~e Famiy Residence :'"rta aws,r n~.r ' t ~ AAuttiple Famiy Residence ~ ~. .ti i'f h ~. ~~ ~•• ti • ~,~, ~w.~ ~ Condominium L_- • . ~•a';:,r` ~ • ~ •~ • ~,-. r 1 i~~~ • r• ?;~ j ~ • • ~• -. ~ •' as . ~ Z r' ~rF ~ • . . ~ • r ~ ~ A •• • f ~ r • • ~ • • ~ ~ f ~ • w • r r 1 r • ~. S •• ~ ~ ~ ` • ;4 111 ~ • • w ~ ~• : i 1 1? S' ~ •• • • • ~ • I i .T d • - ., :u..3z~1 J •1 (~ r •f • r ~ ~ ~ .• ~ • • ~ •~ -i i 'lti r h '~ S a• . •• r sree~ f •.. • ' j • •• ~ f4 ••~~i •• • •~ ~a 4 • ~ m ws~ w• • • ~ p ~ ! Mr~ ~ • r ~. • • j •++ •~ • •• •f ~ • • ~ • • • N . • _ a ~ • a . • ~ • f r • ~ ~••: a w a w • •• ~ i x • -~• ~~ K w - S ! ~_ ~ • •~ i • • w..nnwr a.n • i 4 ~ .:r w:~m:. air " :, • • • ~ 6 • ~~'4e. ~ IV ~~` I `!~! _ ,i O.Gf f.56 t.00 NINE CopyriyM 200i.14~ Rgh~ Reserved 5 80B-15 Subprime Loans (Single Family Residence 8~ Condominiums `,, ,~, ; f f Legendrutaaa:.,r ai.n • + •• ~ ~j •r. f; • • • ~ • ~• • ••~ ~ SIr1tJ~C F81TMry RCSIdEx1C6 ~ '• f~y • • a •* • • a +• c,~auaw.• • ~ • • ~ COr1dOr1161M~T1 '. •Tlrl , • + `'~ : ~ ~• • + j • • r , ' • • ~ • • •ti ~• • •i r ~ •• ~ r ~ : ~ • ~ ~• • a a • • • a • . ' . • • + ^~ • ~ I ^• ~•• ~ • • • • • ~ . ~ ' • • • • • • • • S • •• i ~ ~• • a/ Z • ~ • ^ ~ssr M • ~ • ii ti ~-~ ~~ • • .. • • • .. ~ + L + •• 1 ~• ~• • w ~ i . ar: :rrt ~ ~ • • ~ + a • r •a • • • = • ^ • •• f M •••r$ • • r • r ~ t~ • Z ~ ~ •i •~ • ti ~• ~ r 1 • • • • • •~ ~ ~ • ~ s ~ • ~ • • •` •.• co wz~ x; 7 • a • •^ • • • ~ ~ • • ~ r + • • t 4 ~ 6 a • • ~ •t ~+ ~ • : ~ t r . • • r , v WULTrA snm - • ~ • • • ~ ~ n •• 1 • 9. r,:' I V y V~ 1r qq '~~ 0.00 0.50 1.60 ~i' Copyright 2004. A0 Riphts Reserved 6 80B-16 DRAFT B. DISTRIB UTION AND USES OF FUNDS Provide a narrative describing how the distribution and uses of the grantee's NSP funds will meet the requirements of Section 2301(c)(2) of HERA that funds be distributed to the areas of greatest need, including those with the greatest percentage of home foreclosures, with the highest percentage of homes financed by a subprime mortgage related loan, and identified by the grantee as likely to face a significant rise in the rate of home foreclosures. Note: The grantee's narrative must address these three stipulated need categories in the NSP statute, but the grantee may also consider other need categories. Response: As listed and described later in this Substantial Amendment, the City of Santa Ana is proposing to create and implement six programs using NSP funds. The table below shows the amounts of NSP funds to be budgeted for each of the six programs. Prog. No. Program Budget Location 1 Downpayment Assistance Program $400,000 Priority Area 2 Acquisition and Rehabilitation= Single Family Homes $2,015,636 Priority Area Acquisition and Rehabilitation - 3 Condominiums and Historic .Homes $700,000 Citywide 4 Acquisition and Rehabilitation - Rental Housing $1,800,000 Citywide CDBG 5 Eligible Census Redevelopment $300,000 Tracts 6 Admin $579,515 n/a Total: $5,795,151 For Programs two, three, and four, the City and the intermediaries it selects to help implement these programs will obligate NSP funds exclusively for residences located in census tracts identified by the City as its areas of greatest need. These programs will be undertaken by either non-profit or for-profit intermediaries. Entities will be procured through a Request for Proposal (RFP) process that will be distributed to a broad range of consultants, non-profits, developers, and others with significant skills in the administration of housing programs. For programs two and three, successful candidates will be those with the experience, resources and financial capacity necessary to buy, 7 80B-17 DRAFT rehabilitate and sell residential properties to income qualified homebuyers. In order to leverage the NSP funds, the successful candidates will be required to have established lines of credit they can utilize for the acquisition component of the programs. For program four, rental housing acquisition and rehabilitation, the successful candidates will be those with significant experience in the acquisition, rehabilitation and long-term management of affordable rental housing. In addition, they will have a demonstrated record of success in obtaining and using multiple funding sources for affordable rental projects. This program will be used by the City to meet its very low-income obligation under NSP regulations. In order to incentivize intermediaries to move as quickly as passible, the City anticipates selecting more than one intermediary for each of these three programs. Selected intermediaries will be given limited periods of time, perhaps no more than six months, to obligate program funds. Should they fail to meet their deadlines, their NSP fund reservations maybe cancelled and transferred quickly to other, prequalified intermediaries. The City believes this approach is essential to meeting the eighteen month deadline for obligating NSP funds. Program 1 Through program one the City will make no interest rate, down payment loans available to households at or below 120 percent of area median income. These loans will be deferred for thirty years. They will be due and payable at that time or such time that the home is sold. The maximum loan amount will be 10 percent of the sales price or $40,000, whichever amount is lower. Borrowers. will be required to prequalify for conventional first mortgage loans, and loan amounts. will be restricted to the amount necessary to purchase the home. This program will' be managed by City staff who will work directly with interested homebuyers and realtors. Program 2 The second program, Acquisition and Rehabilitation of Foreclosed Single Family Homes, wi1F seek to facilitate acquisition and rehabilitation of abandoned or foreclosed homes and their sale to low- and moderate-income households through intermediaries selected through the RFP process, as stated above. This program will be primarily operated in the City's priority areas. Program 3 The third program,-Acquisition and Rehabilitation of Condominium Units and Historically Significant Homes, will be operated on a citywide basis. Condominiums represent approximately 9 percent of the City's residential units while single family residences represent approximately 45 percent. Including them in the needs analysis would have had the effect of virtually eliminating single family residences from coverage by the City's programs. Conversely, historically significant homes are small in number and widely scattered, but have a particular importance to the City's cultural life. The City will create a separate program for condominium units and historically significant homes to insure that NSP funds can be used to acquire and rehabilitate such residential units. 8 80B-18 DRAFT Program 4 The fourth program seeks to use NSP funds to acquire and rehabilitate foreclosed or abandoned rental housing. After acquisition and rehabilitation, such housing will offer code compliant units, all of which will be restricted to very low-income households at rents affordable to such households. There is a citywide shortage of rental units that are both code compliant and affordable to very low-income households, and a scarcity of rental properties available for sale that can be used to reduce this shortage. As a consequence the City has determined that the special need area for this program is citywide, and it will operate this program on a citywide basis. Program 5 The fifth program seeks to acquire properties suitable for redevelopment as public facilities or new construction that will serve areas in which at least 51 percent of the population are of low or moderate income. This program will be operated exclusively within the City's CDGB eligible census tracts that also meet NSP requirements. Program 6 The sixth program covers the City's use of the 10 percent of NSP funds set aside for administration. 9 80B-19 DRAFT C. Definitions and Descriptions (1) Definition of "blighted structure" in context of state or local law. Response: In accordance with Section 33031 of the California Redevelopment Law, the City of Santa Ana will define blighted structures in the following way: Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions maybe caused by serious building code violations, serious dilapidation and deterioration caused by long-term neglect, construction that is vulnerable to serious damage from seismic or geologic hazards, and faulty or inadequate water or sewer utilities. (2) Definition of "affordable rents." Note: Grantees may use the definition they have adopted for their CDBG program but should review their existing definition to ensure compliance with NSP program -specific requirements such as continued affordability. Response: For purposes of the NSP Program, the City of Santa Ana will define affordable rents in a manner consistent with the requirements of the federal HOME Program for very low income rents: A rent that does not exceed 30 percent of the adjusted monthly income of a family whose annual. income equals 50 percent of the median"income for the area as determined by the U.S. Department' of Urban Development, with adjustments for household size and numbers of bedrooms in the unit. Such rents must be reduced in accordance with a reasonable allowance for tenant paid utilities. (3) Describe how. the grantee will ensure'continued affordability for NSP assisted housing. Response: As a condition for the receipt of NSP funds for either owner occupied or rental housing units, the City of Santa Ana'wll require recordation of deeds of trust and of enforceable covenants stipulating both the necessary period of affordability, and also reporting requirements that will enable the City to determine if the affordability requirements are being met. For rental property the required period of affordability will be fifty five years and will run with the land` for that period. For owner occupied property the required period of affordability will be thirty or forty five years depending on the program utilized. (4) Describe housing rehabilitation standards that will apply to NSP assisted activities. Response: NSP assisted housing will be brought into compliance with all applicable codes, standards and regulations (local, state and federal), including the Municipal Code of the City of Santa Ana, the 2007 California Building Codes, and the Section 8 Minimum Housing Quality Standards developed by HUD. 10 80B-20 DRAFT Lead-based paint hazards will be evaluated, controlled and disclosed in accordance with the guidelines developed by HUD with the assistance and input of the CDC, EPA and OSHA. Homes that are over fifty years old will be evaluated for their historic significance in a manner consistent with federal laws. If the home is historic, improvements will comply with all applicable historic rehabilitation standards. D. LOWINCOME TARGETING Identify the estimated amount of funds appropriated or otherwise made available under the NSP to be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals or families whose incomes do not exceed 50 percent of area median income: $1,800,000. Note: At least 25% of funds must be used for housing individuals and families whose incomes do not exceed 50 percent of area median income. Response: The City of Santa Ana will budget $1,800,000 for its Program 4: Acquisition and Rehabilitation of Foreclosed or Abandoned Rental Property. This Program will exclusively serve households with income at or below 50 percent of area median. The City's total grantamount willbe $5,795,151, and the Program budget of $1.8 million equals 31% of that total. E. ACQUISITIONS & RELOCATION' Indicate' whether grantee. intends to demolish or convert any low- and moderate-income dwelling units (i.e., <80p/o of area median income). If so, include: ~ The number of low- and moderate-income dwelling units-i.e., < 80% of area median'ncome-reasonably expected to be demolished or converted as a direct result ofNSP-assisted activities. • The number of NSP affordable housing units made available to low- ,moderate-, and middle-income households-i.e., <_ 120% of area median income- reasonably expected to be produced by activity and income level as provided for in DRGR, by each NSP activity providing such housing (including a proposed time schedule for commencement and completion). • The number of dwelling units reasonably expected to be made available for households whose income does not exceed 50 percent of area median income. Response: The City does not intend to demolish or convert any occupied dwelling units. It will take action solely on vacant and foreclosed properties. NSP guidelines specifically exempt 11 80B-21 DRAFT NSP funded projects from the one for one replacement requirements that would otherwise apply. F. PUBLIC COMMENT On November 1, 2008 the draft Substantial Amendment and SF424 were made available to the public on the City's website at the following web address: http://www.santa- ana.org/cda/default.asp. Additionally, the documents were made available at the following four locations: Housing Department, 20 Civic Center Plaza, 3rd Floor; Community Development Agency, 20 Civic Center Plaza, 6`" Floor, Office of the Clerk of the Council, 20 Civic Center Plaza, Room 809, and the Main Public Library, 26 Civic Center Plaza, Santa Ana, California. Availability of the documents and of the City Council's intent to take action on November 17, 2008 was made known by publication on November 1, 2008 in the Orange County Register, a newspaper of general circulation. Publication in La`Opinion and Nguoi Viet, newspapers published in Spanish and Vietnamese respectively, occurred on November 4, 2008. This was the earliest date possible. Provide a summary of public comments received to the proposed NSP Substantial Amendment. Response: To be inserted at a later date 12 80B-22 DRAFT G. NSP INFORMATION BY ACTIVITY (COMPLETE FOR EACH ACTIVITY) (1) Activity Name: Program 1: Down Payment Assistance to Buyers of Foreclosed or Abandoned Single Family Residences (2) Activity Type: (include NSP eligible use & CDBG eligible activity) NSP Eligible Use: Financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties (HERA, 2301(c)(3)(A). CDGB Eligible: Direct homeownership assistance (24 CFR 570.201(n)) Activity (3) National Objective: (Must be a national objective benefiting low, moderate and middle income persons, as defined in the NSP Notice-i.e:,''_< 120% of area median income). LMMH: Homeownership assistance providing or improving permanent residential structures that will be occupied by a household whose income is at or below 120% of area median income. (4) Activity Description: Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to income-qualified persons; and whether funds used for this activity will be used to meet the low income housing requirement for those below 50% of area median income. Through this activity the City will make no interest rate, `down payment loans available to households at or'below 120 percent of area. median income. These loans will be deferred for thirty years. They will be due and payable at that time or such time that the home is sold. The maximum loan amount will be 10 percent of the sales price or $40,000, whichever amount is lower. Borrowers will be required to prequalify for conventional first mortgage loans, and loan amounts ~~~ill be restricted to the amount necessary to purchase the home. This program will be managed by City staff who will work directly with interested homebuyers: and realtors. As demonstrated in Section A-of the Substantial Amendment, abandoned and foreclosed upon homes are found in most of the City's census tracts. However, the City will insure targeting through its strategy of defining the top twenty of its census tracts in terms of their risk of abandonment or foreclosure, as its priority areas. The City will insure that this activity benefits income qualified households by limiting eligibility to those with incomes at or below 120 percent of area median income. Given the significant upfront and long term costs associated with homeownership the City does not anticipate that this program will serve any very low-income households, and it will not deed restrict any homes purchased through this program to occupancy by very low- income households. (5) Location Description: (Description may include specific addresses, blocks or neighborhoods to the extent known.) 13 80B-23 DRAFT The program will be operated exclusively within the City's priority areas as described in Section A of this Substantial Amendment. (6) Performance Measures (e.g., units of housing to be acquired, rehabilitated, or demolished for the income levels of households that are 50 percent of area median. income and below, 51-80 percent, and 81-120 percent). Total number of units to be assisted: 20. Assumes average down payment assistance loan of $20,000. Households to be assisted by income category: Below 50 percent of area median income: 0 Between 50 percent and 80 percent of area median income: 3 Between 80 percent and 120 percent of area median income: 17 Total households to be assisted: 20 (7) Total Budget: (Include public and private components) NSP Funds: $400,000 Private Mortgage Funds: $4,600,000. Assumes $20,000 average down' payment assistance loan, $250,000 average purchase price. Other potential funding sources include $325,046 in HOME Program ADDI funds. (8) Responsible Organization: The City of Santa Ana Community Development Agency, Housing Division, has extensive experience managing affordable housing. funds. and programs. The Division has expertise in the areas of housing rehabilitation,' finance, development, rental assistance and grant management. Ms. Shelly Landry-Bayle Housing Manager Community Development Agency of the City of Santa Ana 20 Civic Center Plaza, M-37 Santa Ana, CA 92701 Telephone: (714) 667-2287 Facsimile (714) 667-2225 Email: SLandry-bayle@santa-ana.org (9) Projected Start Date: February 1, 2009 or such other date upon which grant funds are received by the City of Santa Ana (10) Projected End Date: January 31, 2014 (5 years) (11) Specific Activity Requirements For acquisition activities, include discount rate: • The required discount rate for all home purchases will be consistent with the regulatory requirement. 14 80B-24 DRAFT For financing activities, include: • Range of interest rates The interest rate will be zero. For housing related activities, include: • Duration or term of assistance; The term of the City's loans will be thirty year deferred. • Tenure ofbeneficiaries-rental or homeownership; • Tenure will be homeownership. • A description of how the design of the activity will ensure continued affordability. The City will use a recapture mechanism to encourage long term tenure and affordability. Borrowers who sell their homes at fair market value to non-income qualified households will be required to repay the City's loan in its entirety. 15 80B-25 DRAFT G. NSP INFORMATION BY ACTIVITY (COMPLETE FOR EACH ACTIVITY) (1) Activity Name: Program 2: Acquisition and Rehabilitation of Foreclosed Single Family Homes (2) Activity Type: (include NSP eligible use &CDBG eligible activity) NSP Eligible Uses: Financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties (HERA,2301 (c)(3)(A) CDBG: 24 CFR 570.201 (a) Acquisition, 201(b) Disposition, 201(i) Relocation, 201(n) Direct homeownership assistance; 202 Eligible rehabilitation and preservation activities for homes. (3) National Obtective: (Must be a national objective benefiting low, moderate and middle income persons, as defined in the NSP Notice-i.e., < 120% of area median income). LMMH -Expected to benefit primarily low, moderate and middle income (50 percent to 120 percent of area median) purchaser-occupants. (4) Activity Description: Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to income-qualified persons; and whether funds used for this activity will be used to meet the low income housing requirement for those below 50% of area median income. This program will he operated by contracted intermediaries selected through a Request for Proposals (RFP) process. These intermediaries will use NSP funds, or ideally other funds available to them, to acquire and rehabilitate foreclosed or abandoned single family residences. Upon completion the homes will be marketed and sold to households with incomes at or below 120 percent of the area median. Sales prices will be established for both. low- and moderate-income households, and in accordance with the methodology established by the California Health and Safety Code with modifications designed to increase their affordability. For homesiloffered for sale to low-income households, the affordable sales price will be based on 30 percent of the monthly income of a household at 65 percent of area median. For homes offered for sale to moderate-and middle-income households, the sales price will be base on 30 percent of the monthly income of a household at 100 percent of area median income. For those receiving such assistance, continued affordability will be assured through forty five year deed restrictions and promissory notes requiring repayment of the difference between the sales price and the fair market value. Additionally, the loans will carry 3 percent interest rates, which interest rate will be forgivable over the forty five years. The City will insure that this activity benefits income qualified households by limiting eligibility to those with incomes at or below 120 percent of area median income. Given the significant upfront and long term costs associated with homeownership the City does not anticipate that this program will serve any very low-income households, and it will not deed restrict any homes purchased through this program to occupancy by very low- 16 80B-26 DRAFT income households. Should these homes prove hard to sell, the intermediaries will be able to offer them to income qualified households on a lease to own basis. (5) Location Description: (Description may include specific addresses, blocks or neighborhoods to the extent known.) The program will be operated exclusively within the City's priority areas as described in Section A of this Substantial Amendment. (6) Performance Measures (e.g., units of housing to be acquired, rehabilitated, or demolished for the income levels of households that are 50 percent of area median income and below, 51-80 percent, and 81-120 percent): Number of units expected to be assisted: 40. Based on the assumption that NSP cost per unit will be approximately $50,000. Households to be assisted by income category: Below 50 percent of area median income: 0 Between 50 percent and 80 percent of area median income 10 Between 80 percent and 120 percent of area median income 30 Total households to be assisted: 40 (7) Total Budget: (Include public and private components),- NSP Funds: $2,015,636 Private Mortgage Funds: $9,200,000. Assumes $250,000 average purchase price and $20,000 average down payment. Redevelopment Agency Tax Increment Set-aside Funds: $1,125,000 (8) Responsible Organization: The City ofSanta Ana Community Development Agency, Housing Division, has extensive experience managing affordable housing funds and programs. The Division has expertise in the areas of housing rehabilitation, finance, development, rental assistance and grant management. Ms. Shelly Landry-Bayle Housing Manager Community Development Agency of the City of Santa Ana 20 Civic Center Plaza, M-37 Santa Ana, CA 92701 Telephone: (714) 667-2237 Facsimile: (714) 667-2225 Email: SLandr ~~bayle(a,santa-ana.org (9) Projected Start Date: February 1, 2009 or such other date upon which grant funds are received by the City of Santa Ana. (10) Protected End Date: January 31, 2014 17 80B-27 DRAFT (11) Specific Activity Requirements For acquisition activities, include: • Discount rate. The required discount rate for all home purchases will be consistent with the HUD regulatory requirement. For financing activities, include: • Range of interest rates. The loans will carry three percent interest rates forgivable over the forty five year period. For housing related activities, include: • Tenure ofbeneficiaries--rental or homeownership; Tenure will be homeownership • Duration or term of assistance; Term of the City's trust deed will be forty five years • A description of how the design of the activity will ensure continued affordability. The City will use recorded trust deeds to ensure continued affordability. 18 80B-28 DRAFT G. NSP INFORMATION BY ACTIVITY (COMPLETE FOR EACH ACTIVITY) (1) Activity Name: Program 3: Acquisition and Rehabilitation of Foreclosed Condominium Units and Historically Significant Single Family Homes (2) Activity Type: (include NSP eligible use &CDBG eligible activity) NSP Eligible Uses: Financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential.. properties (HERA,2301 CDBG: 24 CFR 570.201 (a) Acquisition, 201(b} Disposition, 201(i) Relocation, 201(n) Direct homeownership assistance; 202 Eligible rehabilitation and preservation activities for homes. (3) National Objective: (Must be a national objective benefiting low; moderate and middle income persons, as defined in the NSP Notice-i.e., < 120% of area median income). LMMH -Expected to benefit primarily moderate and middle income (50 percent to 120 percent of area median) purchaser-occupants. (4) Activity Description: Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to income-qualified persons; and whether funds used for this activity will be used to meet the low income housing requirement for those below 50% of area median income. This program will be operated by contracted intermediaries selected through a Request for Proposals process. These intermediaries will use NSP funds, or ideally other funds available to them, to acquire and rehabilitate foreclosed or abandoned condominium units and historically significant homes. Upon completion the homes will be marketed and sold to households with incomes at or below 120 percent of the area median. Sales prices will be established for both low- and moderate-income households, and in accordance with the methodology established by the California Health and Safety Code with modifications designed to increase their affordability. For homes offered for sale to low income households,'the affordable sales price will be based on 30 percent of the monthly income of a household at 65 percent of area median. For homes offered for sale to moderate-and middle-income households, the sales price will be base on 30 percent of the monthly income of a household at 100 percent of area median. For those receiving such assistance, continued affordability will be assured through forty five year deed restrictions and promissory notes requiring repayment of the difference between the sales price and the fair market value. Additionally, the loans will carry 3 percent interest rates, which interest rate will be forgivable over the forty five years. Should these homes prove hard to sell, the intermediaries will be able to offer them to income qualified households on a lease to own basis. 19 80B-29 DRAFT The City will insure that this activity benefits income qualified households by limiting eligibility to those with incomes at or below 120 percent of area median income. Given the significant upfront and long term costs associated with homeownership the City does not anticipate that this program will serve any very low-income households, and it will not deed restrict any homes purchased through this program to occupancy by very low- income households. (5) Location Description: (Description may include specific addresses, blocks or neighborhoods to the extent known.) For reasons described in Section A of this Substantial Amendment, condominiums were excluded from the City's analysis of its Areas of Greatest Need. Additionally, historically significant homes are widely scattered, but are an important contributor to the City's cultural life. As a consequence the City will offer this program on a citywide basis to insure that both types of housing can be acquired and rehabilitated with NSP funds. (6) Performance Measures (e.g., units of housing to be acquired, rehabilitated, or demolished for the income levels of households that are 50 percent of area median income and below, 51-80 percent, and 81-120 percent): Number of units expected to be assisted: 10. Based on the assumption that NSP cost per unit will be approximately $70,000.. Households to be assisted by income category: Below 50 percent of area median income: 0 Between 50 percent and 80 percent of area median' income 3 Between 80 percent and 120 percent of area median income 7 Total households to be assisted: 10 (7) Total Budget: (Include public and private components) NSP Funds: $700,000 Private Mortgage Funds: $2,300,000 Assumes $250,000 average purchase price and;$20,000 average down payment. (8) Responsible Organization: The City of Santa Ana Community Development Agency, Housing Division, has extensive experience managing affordable housing funds and programs. The Division has expertise in the areas of housing rehabilitation, finance, development, rental assistance and grant management. Ms. Shelly Landry-Bayle Housing Manager Community Development Agency of the City of Santa Ana 20 Civic Center Plaza, M-37 Santa Ana, CA 92701 Telephone: (714) 667-2287 Facsimile: (714) 667-2225 Email: SLandry-bayle(a~santa-ana.or~ 20 80B-30 DRAF (9) Projected Start Date: February 1, 2009 or such other date upon which grant funds are received by the City of Santa Ana. (10) Projected End Date: January 31, 2014 (11) Specific Activity Requirements: For acquisition activities, include: • Discount rate. The required discount rate for all home purchases will be consistent with the HUD regulatory requirement. For financing activities, include: • Range of interest rates. The loans will carry 3 percent interest rates forgivable over the forty five year period. For housing related activities, include: • Duration or term of assistance; Term of the City's trust deed will be.forty five years • Tenure ofbeneficiaries--rental or homeownership, Tenure will be homeownership • A description of how the design of the activity will ensure continued affordability. The City will use recorded trust deeds to ensure continued affordability. 21 80B-31 DRAFT G. NSP INFORMATION BY ACTIVITY (COMPLETE FOR EACH ACTIVITY) (1) Activity Name: Program 4: Acquisition and Rehabilitation of Foreclosed or Abandoned Rental Housing Units (2) Activity Type: (include NSP eligible use &CDBG eligible activity) NSP Eligible Use: Financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties (HERA, 2301(c)(3)(A). CDBG: 24 CFR 570.201 (a) Acquisition, 201(b) Disposition, 201(i) Relocation, 201(n) Direct homeownership assistance; 202 Eligible rehabilitation and preservation activities for homes. (3) National Objective: (Must be a national objective benefiting low, moderate and middle income persons, as defined in the NSP Noticei.e., < 120% of area median income). LMMH: Expected to exclusively benefit households at or below 50'percent of area median (4) Activity Description: Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to income-qualified persons; and whether funds used for this activity will be used to meet the low income housingxequirement for those below 50% of area median income. The City will operate this program on a citywide basis through contracted intermediaries who will possess demonstrated capacity to acquire, rehabilitate, operate and maintain rental housing units restricted to very low-income tenants. NSP funds will be used in conjunction with other private and/or public funds for this purpose. The City will use this activity to meet the low-income housing requirement for those below 50 percent of area median income. Long term affordability will be insured by recordation of a City deed of trust; loan agreement and,regulatory agreement stipulating the amount of the NSP loan and requiring a fifty five year period of affordability for households between 30 percent and 50 percent of area median income for all NSP assisted units. (5) Location Description: (Description may include specific addresses, blocks or neighborhoods to the extent known.) Based on its current Consolidated Five Year Plan and its draft Housing Element, the City of Santa Ana has deterniined that there is a citywide shortage of rental housing available and affordable to households at or below 50 percent of area median income. As a consequence the City will operate this program on a citywide basis. (6) Performance Measures (e.g., units of housing to be acquired, rehabilitated, or demolished for the income levels of households that are 50 percent of area median income and below, 51-80 percent, and 81-120 percent): Households to be assisted with NSP funds by income category: Below 50 percent of area median income: 24 Between 50 percent and 80 percent of area median income 0 22 80B-32 DRAFT Between 80 percent and 120 percent of area median income 0 Total households to be assisted: 24 (7) Total Budget: (Include public and private components) NSP: $1,800,000 Other potential sources include private loans, multifamily mortgage revenue bonds, federal low income housing tax credits, State of California Multifamily Housing Program funds, and City of Santa Ana Community Redevelopment Agency tax increment set-aside funds. (8) Responsible Organization: The City of Santa Ana Community Development Agency, Housing Division, has extensive experience managing affordable housing funds and programs. The Division has expertise in the areas of housing rehabilitation, finance, development, rental assistance and grant management. Ms. Shelly Landry-~Bayle Housing Manager Community Development Agency of the City of Santa Ana 20 Civic Center Plaza, M-37 Santa Ana, CA 92701 Telephone: (71.4) 667-2287 Facsimile: (714) 667-2225 Email: SLandry-bayle~a santa-ana.org (9) Projected Start Date: February 1, 2009 or such other date upon which grant funds are received by the City of SantaAna. (10) Projected End Date: January 31, 2014 (11) Specific Activit~quirement: For acquisition activities, include: • Discount rate: The required discount rate for all purchases will be consistent with the HUD regulatory requirement. For financing activities, include: • Range of interest rates: Range of interest rates will be 0 percent to 3 percent annually depending on anticipated project revenue and expenses. For housing related activities, include: • Duration or term of assistance; Fifty five years • Tenure ofbeneficiaries--rental or homeownership; Rental • A description of how the design of the activity will ensure continued affordability. Recordation of trust deeds, loan agreements and regulatory agreements securing the NSP funds and mandating fifty five years of affordability. 23 80B-33 DRAFT G. NSP INFORMATION BY ACTIVITY (COMPLETE FOR EACH ACTIVITY) (1) Activity Name: Program 5: Acquisition of Foreclosed Properties for Redevelopment (2) Activity Type: (include NSP eligible use &CDBG eligible activity) NSP Eligible Use: Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon in order to redevelop. (HERA, 2301(c)(3)(B). CDGB: 24 CFR 570.201(a) Acquisition, 201 (b) Disposition, 201 (c) Public facilities and improvements, 201 (i) Relocation; 204 Community based development organizations. (3) National Objective: (Must be a national objective benefiting low, moderate and middle income persons, as defined in the NSP Notice-i.e., < 120% of area median income). LMMA: Benefitting all residents of a primarily residential area in which at least 51 percent of the residents have incomes at or below 120 percent of area median; and/or LMMH: Benefitting low, moderate and middle income (0 percent to 120 percent of area median) renters or homebuyers if redeveloped as residential (4) Activity Description: Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to`income-qualified persons; and whether funds used for this activity will be used to meet the low income housing requirement for those below 50% of area median income. The purpose of this program is to acquire properties suitable to be redeveloped as (a) public facilities or (b) new housing construction within the framework of a redevelopment plan. Improvements are likely to be demolished if not suitable for rehabilitation. Properties acquired and redeveloped as parks or open space will be retained by the City and operated by the Department of Parks, Recreation and Community Service. Properties to be redeveloped by the Redevelopment Agency will be disposed of for residential or non-residential use under a land disposition and development agreement. The agreement will restrict the use of the property to meet NSP and CDBG eligible uses and a CDBG national objective. (5) Location Description: (Description may include specific addresses, blocks or neighborhoods to the extent known.) The activity will be carried out in census tracts eligible as LMMA areas for NSP (6) Performance Measures (e.g., units of housing to be acquired, rehabilitated, or demolished for the income levels of households that are 50 percent of area median income and below, 51-80 percent, and 81-120 percent): Number of units expected to be assisted: two properties acquired 24 80B-34 DRAFT Household Incomes: If developed for housing, incomes will be consistent with NSP requirements. (7) Total Budget: (Include public and private components) NSP funds: $300,000 Other funds: Unknown (8) Responsible Organization: The City of Santa Ana Community Development Agency, Housing Division, has extensive experience managing affordable housing funds and programs. The Division has expertise in the areas of housing rehabilitation, finance, development, rental assistance and grant management. Ms. Shelly Landry-Bayle Housing Manager Community Development Agency of the City of Santa Ana 20 Civic Center Plaza, M-37 Santa Ana, CA 92701 Telephone:. (714) 667-2287 Facsimile: (714} 667-2225 Email: SLandry-bayle(a~santa-ana.org (9) Projected Start Date: February 1, 2009 or such'other date upon which grant funds are received by the City of Santa Ana. (10) Projected End Date: January 31 2014 (11) St~ecific Activity Requirements: For acquisition activities, include: • Discount rate The required discount rate for all purchases will be consistent with the 'HUD regulatory requirement. For financing activities, include: • Range of interest rates: Not applicable for public facilities. If developed for housing, the range of interest rates will be 0 percent to 3 percent. For housing related activities, include: • Tenure ofbeneficiaries--rental or homeownership; Maybe either if developed for residential use. Duration or term of assistance; If owned by the City duration will be in perpetuity. If transferred, forty five year minimum term for homeownership, fifty five years for rental. A description of how the design of the activity will ensure continued affordability. 25 80B-35 DRAFT If owned by the City, by selection of a LMMA area location. If transferred to private ownership, by the terms of the land disposition and development agreement and a recorded regulatory agreement. 26 80B-36 DRAFT G. NSP INFORMATION BY ACTIVITY (COMPLETE FOR EACH ACTIVITY) (1) Activity Name: Administration of NSP Program (2) Activity Type: (include NSP eligible use &CDBG eligible activity) Administration and Planning Costs HERA Section 2301(c)(3) CDBG: 24 CFR 570.205 and 206 (3) National Objective: (Must be a national objective benefiting low, moderate and middle income persons, as defined in the NSP Notice-i.e., < 120% of area median income). National objective is not applicable to administrative costs. (4) Activity Description: Include a narrative describing the area of greatest need that the activity addresses; the expected benefit to income-qualified persons; and whether funds used for this activity will be used to meet the low income housing requirement for those below 50% of area median income. This activity will encompass administrative activities necessary to planning and implementation of the City's NSP funded programs. (5) Location Description: (Description may',include specific addresses, blocks or neighborhoods to the extent known.) The City of Santa Ana'will be the lead entity. (6) Performance Measures: (e.g., units of housing to be acquired, rehabilitated, or demolished for the income levels. of households. that are 50 percent of area median income and below, 51-80 percent, and 8`1-120 percent): Not Applicable for Administration (7) Total Budget: (Include public'and private components) NSP: $579,515 (8) Responsible Organization: The City of Santa Ana Community Development Agency, Housing Division, has extensive experience managing affordable housing funds and programs. The Division has expertise in the areas of housing rehabilitation, finance, development, rental assistance and grant management. Ms. Shelly Landry-Bayle Housing Manager Community Development Agency of the City of Santa Ana 20 Civic Center Plaza, M-37 Santa Ana, CA 92701 Telephone: (714) 667-2287 Facsimile: (714) 667-2225 Email: SLandry-bayle(c~santa-ana.or~ 27 80B-37 DRAFT (9) Projected Start Date: February 1, 2009 or such other date upon which grant funds are received by the City of Santa Ana. (10) Projected End Date: January 31, 2014 (11) Specific Activity Requirements For acquisition activities, include: • Discount rate. Not Applicable For financing activities, include: • Range of interest rates. Not applicable For housing related activities, include: • Tenure ofbeneficiaries--rental or homeownership. Not applicable; • Duration or term of assistance; Not applicable • A description of how the design of the activity will ensure continued affordability. Not applicable 28 80B-38 DRAFT CERTIFICATIONS (1) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. (2) Anti-lobbying. The jurisdiction will comply with restrictions on lobbying required by 24 CFR part 87, together with disclosure forms, if required by that part. (3) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements. (4) Consistency with Plan. The housing activities to be undertaken with NSP funds are consistent with its consolidated plan, which means that NSP funds will be used to meet the congressionally identified needs of abandoned and foreclosed homes in the targeted area set forth in the grantee's substantial amendment. (5) Acquisition and relocation. The jurisdiction will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601}, and implementing regulations at 49 CFR part 24, except as those provisions are modified by the Notice for the NSP program published by HUD. (6) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and',implementing regulations at 24 CFR part 135. (7) Citizen Participation. The jurisdiction is in full compliance and following a detailed citizen participation plan that satisfies the requirements of Sections 24 CFR 91.105 or 91.115, as modified by NSP requirements. (8) Following Plan. The jurisdiction is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. (9) Use of funds in 18 months. The jurisdiction will comply with Title III of Division B of the Housing and Economic Recovery Act of 2008 by using, as defined in the NSP Notice, all of its grant funds within 18 months of receipt of the grant. (10) Use NSP funds <_ 120 of AMI. The jurisdiction will comply with the requirement that all of the NSP funds made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent of area median income. 29 80B-39 DRAFT (11) Assessments. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low- and moderate-income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if NSP funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements (assisted in part with NSP funds) financed from other revenue sources, an assessment or charge maybe made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition, with respect to properties owned and occupied by moderate- income (but not low-income) families, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than NSP funds if the jurisdiction certifies that it lacks NSP or CDBG funds to cover the assessment. (12) Excessive Force. The jurisdiction certifies that it has adopted and is enforcing: (1) a policy prohibiting the use of excessive force bylaw enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and (2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from, a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. (13) Compliance with anti-discrimination laws. The NSP grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601.-3619), and implementing regulations. (14) Compliance with lead-based paint procedures. The activities concerning lead- based paint will comply with the requirements of part 35, subparts A, B, J, K, and R of this title. (15) Compliance with Taws. The jurisdiction will comply with applicable laws. November 17, 2008 Signature/Authorized Official Date City Manager Title 30 80B-40 DRAFT NSP Substantial Amendment Checklist For the purposes of expediting review, HUD asks that applicants submit the following checklist along with the NSP Substantial Amendment and SF-424. of an 1V~Y Action Ylan substantial Amendment Jurisdiction(s): City of Santa Ana NSP Contact Person: Shelly Landry-Bayle Lead Agency: Community Development Address: 20 Civic Center Plaza, M37 Jurisdiction Web Address: Santa Ana, CA 92701 http://www.santa-ana.org/cda/default.asp Telephone: (714) 667-2287 (URL where NSP Substantial Amendment Fax: (714) 667-2225 materials are posted) Email:SLandry-Bayle@Santa-Ana.org The elements in the substantial amendment required for the Neighborhood Stabilization Program are: A. AREAS OF GREATEST NEED Does the submission include summary needs data identifying the geographic areas of greatest need in the grantee's jurisdiction? Yes® No^. Verification found on page 2-6. B. DISTRIB UTION AND USES OF FUNDS Does the submission contain a narrative describing how the distribution and uses of the grantee's NSP funds will meet the requirements of Section 2301(c)(2) of HERA that funds be distributed to the areas of greatest need, including those with the greatest percentage of home foreclosures,.. with the highest percentage of homes financed by a subprime mortgage related loan, and identified by the grantee as likely to face a significant rise in the rate. of home foreclosures?. Yes No^. Verification found on page 7-9 . Note: The grantee's narrative must address the three stipulated need categories in the NSP statute, but the grantee may also consider other need categories. C. DEFINITIONS AND DESCRIPTIONS For the purposes of the NSP, do the narratives include: • a definition of "blighted structure" in the context of state or local law, Yes® No^. Verification found on page 10 • a definition of "affordable rents," Yes® No^. Verification found on page 10 a description of how the grantee will ensure continued affordability for NSP assisted housing, Yes® No^. Verification found on page 10 31 80B-41 DRAFT • a description of housing rehabilitation standards that will apply to NSP assisted activities? Yes® No^. Verification found on page 10-11 D. LOW INCOME TARGETING • Has the grantee described how it will meet the statutory requirement that at least 25% of funds must be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals and families whose incomes do not exceed 50% of area median income? Yes® No^. Verification found on page 11 • Has the grantee identified how the estimated amount of funds appropriated or otherwise made available will be used to purchase and redevelop abandoned or foreclosed upon homes or residential_properties for housing individuals or families whose incomes do not exceed SO% of area median income? Yes® No^. Verification found on page 11 Amount budgeted = $1'.;800,000 E. ACQUISITIONS c~ RELOCATION Does grantee plan to demolish or convert any low- and moderate-income dwelling units? Yes^ No®. (If no, continue to next. heading} Verification found on page If so, does the substantial amendment include: • The number of low- and moderate-income dwelling units-i.e., <_ 80% of area median income-reasonably expected to be demolished or converted as a direct result ofNSP-assisted activities? Yes^ ' No^. Verification found on page The number of NSp affordable housing units made available to low- ,moderate-, and middle-income households:-i.e., <_ 120% of area median income reasonably expected to be produced by activity and income level as provided for in DRGR, by each NSP activity providing such housing (including a proposed time schedule for commencement and completion)? Yes^ No^. Verification found on page • The number of dwelling units reasonably expected to be made available for households whose income does not exceed 50 percent of area median income? Yes^ No^. Verification found on page F. PUBLIC COMMENT PERIOD Was the proposed action plan amendment published via the grantee jurisdiction's usual methods and on the Internet for no less than 15 calendar days of public comment? Yes® No^. Verification found on page 12 32 80B-42 DRAFT Is there a summary of citizen comments included in the final amendment? Yes® No^ Verification found on page 12 G. INFORMATION BYACTI VITY Does the submission contain information by activity describing how the grantee will use the funds, identifying: • eligible use of funds under NSP, Yes® No^. Verification found on page 13,16,19,22,24,27 • correlated eligible activity under CDBG, Yes® No^. Verification found on page 13,16,19,22,24,27 • the areas of greatest need addressed by the activity or activities, Yes® No^. Verification found on page 13-14,17,20,22,24,27 • expected benefit to income-qualified'persons or households or areas, Yes® No^. Verification found on page 14,17,20,22,24,27 • does the applicant indicate which activities will count toward the statutory requirement that at least 25% of funds must be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals and families whose incomes do not exceed 50% of area median income? Yes® No^. Verification found on page 22 • appropriate performance measures for the activity, Yes No^. Verification found on page 22 • `amount of funds budgeted for the activity, Yes® No^. Verification found on page 23 • the name, location and contact information for the entity that will carry out the activity, Yes No^. Verification found on page 23 • expected start and end dates of the activity? Yes® No^. Verification found on page 23 • If the activity includes acquisition of real property, the discount required for acquisition of foreclosed upon properties, Yes® No^. Verification found on page 23 • If the activity provides financing, the range of interest rates (if any), Yes® No^. Verification found on page 23 33 80B-43 DRAFT • If the activity provides housing, duration or term of assistance, Yes® No^. Verification found on page 23 • tenure of beneficiaries (e.g., rental or homeownership), Yes® No^. Verification found on page 23 • does it ensure continued affordability? Yes® No^. Verification found on page 23 H. CERTIFICATIONS The following certifications are complete and accurate: (1) Affirmatively furthering fair housing Yes® No^ (2) Anti-lobbying Yes® No^ (3) Authority of Jurisdiction Yes® No^ (4) Consistency with Plan Yes® No^ (5) Acquisition and relocation Yes No^ (6) Section 3 Yes No^ (7) Citizen Participation Yes® - No^ (8) Following Plan Yes® No^ (9) Use of funds in 18 months Yes® No^ (10) Use NSP funds <_ 120 of AMI Yes® No^ (11) No recovery of capital costs thru special assessments Yes® No^ (12) Excessive Force Yes® No^ (13) Compliance with anti-discrimination Laws Yes® No^ (14) Compliance with lead-based. paint procedures Yes® No^ (15) Compliance with laws Yes® No^ 34 80B-44 bk:11 /10/08 RESOLUTION NO. 2008-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A PROCEDURE TO ASSESS CIVIL FINES AND PENALTIES FOR THE FAILURE TO MAINTAIN VACANT RESIDENTIAL PROPERTY AFTER FORECLOSURE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. SB 1137, an emergency bill signed into law earlier this year, is designed to address concerns relating to the increase of foreclosures of single family homes throughout California. B. One concern addressed by the Legislature in SB 1137 is the failure to maintain vacant residential property by out-of-town financial institutions who acquire title to homes through foreclosure. C. In adopting SB 1137, legislative reports quoted findings that orphaned homes quickly fall into disrepair, their deterioration sometimes hastened by vandals who trash the interiors, lighting fires and ripping out wiring and pipes to sell for scrap. In some communities, the Legislature found that squatters or drug dealers may move in to these orphaned homes. D. The Legislature also found that the impact of foreclosed homes goes far beyond the defaulting homeowner, as neighbors and entire communities confront a potential spreading blight. The Legislature found that vacant residences deprive cities of tax revenue and can cost them thousands to maintain. The Legislature quoted from a 2001 Temple University study which found that in Philadelphia simply being within 150 feet of an abandoned property knocked $7,600 off a home's value. E. SB 1137 requires financial institutions who acquire homes through foreclosure to maintain the vacant foreclosed residential properties in conformance with City codes. F. SB 1137, by adding section 2929.3 to the California Civil Code, gives cities the power to impose civil fines and penalties of up to $1,000 per day if the new owner, who acquired a home through foreclosure, fails to 80B-45 Resolution No. 2008-XXX n...,..,. ~ ,.c ~ maintain the home. Prior to imposing fines or penalties, SB 1137 requires the city to give the owner a notice of the claimed violation, including a description of the conditions giving rise to the claim, and opportunity to remedy the violation at least 14 days prior to imposing those fines and penalties, and allows for a hearing and opportunity to contest any fines or penalties. G. Under SB 1137, "failure to maintain" a home acquired through foreclosures means failure to adequately care for the property, such as, permitting excessive foliage growth that diminishes the value of surrounding properties, failing to take action to prevent trespassers or squatters from remaining on the property, and failing to take action to prevent growth of mosquito larva in standing water such as swimming pools. H. Section 1-13 of the Santa Ana Municipal Code ("Code") provides that any violation of the provisions of the Code constitute a public nuisance. Each of the items referenced in SB 1137 and this resolution constitute violations of the provisions of the Code. Section 2. The City shall, in conformance with the provisions of Civil Code section 2929.3, establish and maintain a process to impose civil fines and penalties pursuant to the terms and conditions of that section. All fines and penalties shall include the City's reasonable and necessary costs of imposing the fines and penalties. Section 3. The City shall pursue all remedies provided at law, under its charter or state statute, to secure payment of said civil fines and penalties imposed on owners pursuant to Civil Code section 2929.3, including civil judgments, liens recorded against the property to be paid upon its subsequent sale, and/or liens imposed pursuant to Government Code section 54988 and other applicable state laws which are collected at the same time and in the same manner as property taxes are collected. Section 4. This terms and provisions of this resolution shall remain in effect only until January 1, 2013, and as of that date this resolution shall be repealed, unless a later enacted statute of the California Legislature, that is enacted before January 1, 2013, deletes or extends the January 1, 2013 date for the repeal of Civil Code section 2929.3. In such case, this resolution shall continue in full force and effect for the same period as does Civil Code section 2929.3, or a successor statute, and no longer. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2008-XXX $10B-46 n..,.., n ,.c ~ ADOPTED this day of 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 80B-47 Resolution No. 2008-XXX n.,,.,. ~ ,.r ~ 80B-48