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Home My WebLink About1976-04 CRA r I -' . ' ~ . . . . ~ . CJL:ag 1/6{76 RESOLUTION NO. 76-4 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA GRANTING TO THE COMMUNITY REDEVELOPMENT AGENCY A VARIANCE FROM THE LIMITS, RESTRICTIONS, AND CONTROLS OF THE REDEVELOPMENT PLAN FOR THE CITY OF SANTA ANA REDEVELOPMENT PROJECT AREA FOR THE SANTA ANA TOWERS PROJECT, FINDING SAID VARI- ANCE COMPATIBLE WITH THE PLAN, SUBJECT TO CONDITIONS, AND FINDING THE VARIANCE AND ITS CONDITIONS NECESSARY TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY AND DECLARING THAT THE VARIANCE SHALL NOT SUPER- CEDE APPROVAL REQUIRED UNDER ANY ORDINANCES OF THE CITY OF SANTA ANA. IT IS HEREBY RESOLVED by the Community Redevelopment Agency of the City of Santa Ana as follows: 1. That it is hereby determined that exceptional circumstances exist to grant a variance, and a variance is here- by granted, to the Community Redevelopment Agency of the City of Santa Ana and to its successor and assigns in interest, from the limits, restrictions and controls of the Redevelopment Plan for the City of Santa Ana Redevelopment Project Area to the extent such variation is necessary for the development and construction of the senior citizens housing project, known as SANTA ANA TOWERS, on that parcel of land presently owned by the Community Redevelop- ment Agency, bordered on the South by First Street, on the West by Ross Street, on the East by Birch Street, and on the North by the North line of that which was formerly Second Street, Santa Ana, California, which parcel consists of 2.48 acres and which development is more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein; and 2. That the proposed variance is compatible with the standards and other requirements set forth in the Redevelopment Plan; and 3. That there are no modifications necessary in the variance to render it in conformance with the requirements of the Redevelopment Plan other than the modification that this variance is granted subject to the condition that the aforedescribed parcel on which said project is to be constructed is rezoned by the City of Santa Ana for "Specific Development" and subject to the con- dition that the City of Santa Ana adopt a "Specific Development" ordinance for aforesaid parcel which ordinance is in conformance with this variance and the development plans for SANTA ANA TOWERS as set forth in Exhibit "A" attached hereto; and 4. That this variance is subject to the condition that the Community Redevelopment Agency of the City of Santa Ana enter into an agreement providing for disposition and development of the aforesaid parcel in conformance with the provisions of this variance and the plans for the SANTA ANA TOWERS approved by this Agency; and 5. That this variance and the conditions herein are necessary to protect the public health, safety and welfare of the citizens of the City of Santa Ana; and 6. That this variance shall not supercede any other approval required under the ordinances of the City of Santa Ana. 1-' ,." . . . . ~ . RESOLUTION NO. 76-4 Page Two PASSED AND ADOPTED by the Community Redevelopment Agency of the Ci ty of Santa Ana at its RegJlar meeting held on the 14th day of January , 1976. ATTEST: APPROVED AS TO LEGAL FORM: / s:;;¡ -I C KEITH L. GOW, AGENCY LEGAL COUNSEL STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SANTA ANA ) ) s s. : ) I hereby certify that the foregoing resolution was duly adopted by the Community RedeveloRment Agency of the City of Santa Ana, California, at a Re~ar meeting thereof, held on the 14th day of January, by the following vote, to wit: - AYES: NOES: MEMBERS: Garthe, Ward, Yamamoto, Bricken MEMBERS: None ABSENT: MEMBERS Evans, Brandt, Ortiz 11 . . a , , ~ EXHIBIT "A" The proposed Santa Ana Towers development will consist of 200 one-bedroom residential units and a Community Center for high density multi-family rental housing for low and moderate income elderly persons, with four different unit floor plans with living area ranging from approximately 540 square feet to 585 square feet, contained in two buildings, one nine stories and 79.5 feet in height with 116 units made of pre-cast concrete components with a gross floor area of approximately 80,000 square feet (in- cluding private balconies) and net rental floor area of approxi- mately 62,800 square feet, and the second; three stories and 28'~' feet in height made of wood frame and stucco having a gross floor area of approximately 58,600 square feet (including balconies) and a net rentable area of approximately 45,300 square feet, and the Community Center with 4,300 square feet. The build- ings will not cover more than 29.8 percent of the site. The minimum setback from all property lines shall be as follows: First Street - 60 feet; Birch Street - 15 feet; Ross Street - 34 feet; and Second Street - 0 feet. Redeveloper shall provide a minimum of 66 spaces of on-site park- ing for the entire development. All parking areas shall be de- signed and improved in accordance with applicable sections of the Santa Ana Municipal Code. Parking shall be located on the same parcel as the building to be served. All areas of the Property that are not used for buildings, drive- ways and parking shall be landscaped and maintained. Landscaping may consist of grass lawns, ground covers, trees, decorative block walls, screenings, terraces, fountains, pools and other water arrangements. A permanent water sprinkler system shall be pro- vided in all landscaped areas to insure proper maintenance. All existing trees shall be retained where possible, and may be included as a part of the required landscaped area. Buildings shall be grouped to provide protected open space for recreational purposes and to provide safety and convenient pedes- trian routes. All usable open space should be furnished with benches, lighting, waste receptacles, planters and other similar amenities. Enclosed refuse areas shall be provided at locations convenient for all dwelling units. All electrical, telephone, C.A.T.V. and similar utility services, wires or cables which provide direct service to the Property and are within the exterior boundary line of said Property shall be installed underground. No mechanical equipment or meters will be left exposed in yard areas or on roofs. The agency shall permit only those signs necessary for identifi- cation. All signing or identification will be subject to the approval of the Agency. - J (I II , , ' ~ !. A SPECIFIC PLANNING STUDY AGREEMENT THIS AGREEMENT, executed on this 14th day of January, 1976 by and between the Community Redevelopment Agency of the City of Santa Ana, California, a public body, corporate and politic, (hereinafter referred to as the "Agency") and George Bissell/ Frank August Associates, a corporation (hereinafter referred to as the "Contractorn). WITNESSETH WHEREAS, the Agency is undertaking certain activities necessary for the execution of the Santa Ana Downtown Redevelop- ment Project (hereinafter referred to as the "Projectn), the boundaries of which are delineated on the attached map incorpo- rated herein as Exhibit nA"; and WHEREAS, the Agency is presently engaged in the redevelop- ment of an area in the Project (hereinafter referred to as the "siteD) encompassing approximately 14 blocks, the boundaries of which are delineated on the attached map incorporated herein as Exhibit "Bn; and WHEREAS, the Agency desires to engage the services of the Contractor to provide specific planning services in respect to the redevelopment of thê site, and the Contractor represents that it is authorized and qualified to perform said services for the Agency and desires to undertake to perform such services; il (I I NOW, WHEREFORE, in consideration of the covenants and promises hereinafter contained ject to all the terms and conditions hereof, hereby agree as follows: respective and mutual and made, and sub- the parties hereto do SECTION 100 SCOPE OF SERVICES Contractor agrees to perform each and all of the services hereinafter specified in Sections 101 through 103, inclusive within the time specified in Section 200. SECTION 101 Evaluate the need of the Agency for formal design standards for the project and make recommendations as to the type of design standards which should be developed for the Agency. If in the opinion of either the Agency or the Contractor, design standards will be beneficial, then contractor shall prepare design standards for the Agency and a program of implementation for these design standards. SECTION 102 Review zoning standards of the Project and develop recommen- dations on zoning standards that should be used in the Project area. Definitive Code amendments or new district classifications shall be recommended by the Contractor for the Project area. -z- , I I SECTION 103 Provide specific planning services for the site. The Contrac- tor shall evaluate and make recommendations on the following problems: a. Land use, design schemes, spatial uses; Form and image of area; Economic feasibility of redevelopment; Methods of unifying development; Site improvements; Utility problems; b. c. d. e. f. The Contractor shall develop alternatives for the specific plans of this area which will provide the Agency with different schemes of development and street schemes which vary as recommen- dations for rehabilitation, acquisition of buildings and economic feasibility vary. SECTION 104 Upon the written request of the Agency, provide primary planning and architectural services to property owners in the Project interested in rehabilitation of their property. The assistance requested for the property owners shall be suggestions as to possible uses of property, feasibility of rehabilitation, schematic planning of individual properties, preliminary cost figures to provide the property owners guidance as to the feasi- bility of proceeding with rehabilitation. -3- (I ('I <I SECTION 200 TIME OF PERFORMANCE All consulting services for Sections 101 through 103 inclu- sive, shall be completed within not more than ninety (90) days after the date of this contract. Task 104 shall be provided at the specific direction of the Agency and shall be considered an ongoing task to be commenced and completed within the time speci- fied by and at the direction of the Executive Director of the Agency. SECTION 300 COMPENSATION The Agency shall pay to the Contractor as compensation for services provided as follows: a. For performance of task 101,102 and 103, the Agency shall pay the Contractor a fee not to exceed $25,000. Task 104 shall be compensated for on an hourly rate of: Principles, Bissell, August, Lawson Associates Technical $45.00 $28.00 $22.50 b. Jr. Personnel $13.50 SECTION 400 METHOD OF PAYMENT The Contractor shall submit to the Agency a monthly verified statement in a form to be approved by the Agency containing a breakdown of work done during the preceding month. The verified -4- - <I 8 statement as to work completed shall be attached to an invoice stating all claims for work done during the prior month. The invoice must be submitted prior to the fifth day of each month and if so done, the Agency shall review such statements and remit payment within thirty (30) working days after the submission of the invoice requested. SECTION 502 CONFLICT OF INTEREST Contractor agrees that neither the Contractor nor any indi- vidual associated therewith, will either directly or indirectly represent or assist owners of the properties located in the Project in regard to the acquisition of such property by the Agency, nor divulge to any person any information in regard to such acquisition. If this contract is terminated, neither the Contractor nor any per- son associated therewith shall thereafter directly or indirectly represent or assist any owner of property within the Project in any matter concerning the acquisition of such property by the Agency. SECTION 503 CONTRACTOR'S LIABILITY The Contractor shall be responsible for all injuries to per- sons and for all damage to property of the Agency or others caused by or resulting from the negligence of itself, its employees or its agents during the progress of or connected with such work, and shall hold harmless and indemnify the Agency, the City of Santa Ana, and all officers and employees thereof from all costs, suits and claims for damages or injuries, however caused, arising out of the Con- tractor's performance 0; work under this Contract. -5- , I I SECTION 504 WORKER'S COMPENSATION INSURANCE A. If Contractor now or at anytime during the course of this agreement qualifies as an employer under Labor Code Section 3300, unless the employee(s) he hires come(s) within those persons ex- cluded under the Labor Code, Contractor shall furnish Agency and the City of Santa Ana with an insurance certificate from his worker's compensation insurance carrier certifying that he carries such insurance, and that the policy shall not be cancelled nor the coverage reduced except upon ten (10) days prior written notice to Agency and the City of Santa Ana. B. Should any policy be cancelled before completion of the work herein contemplated and the Contractor fails to immediately procure other insurance as herein required, the Agency may pro- cure such insurance and deduct the cost thereof from the amount due the Contractor. SECTION 505 EMPLOYMENTS OF RESIDENTS The Contractor is encouraged by the Agency to employ quali- fied people, when available, from the general Project area to assist in providing the services contracted for in this agreement. SECTION 506 A. The Contractor certifies that it will not discriminate against any employee or-applicant for employment because of race, color, religion, sex or national origin. The Contractor agrees -6- - I i' I to take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employ- ment, up-grading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuouš places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this non-discrimination clause. B. The Contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. The Contractor agrees to cause the foregoing provisions to be inserted in all subcontracts for any work covered by this agreement, so that such provisions will be binding upon each sub- contractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. SECTION 507 SUBCONTRACTORS None of the services covered by this agreement shall be sub- contracted without the prior written approval of the Agency. Con- tractor shall be fully responsible to the Agency for performance of subcontractors. -7- I / - e I SECTION 508 ASSIGNABILITY Contractor shall not assign any interest in this agreement and shall not transfer any interest in this agreement without the prior written approval of the Agency. SECTION 509 NOTICES on,- 1':1 ¡ ¿ ac1 set o'MEJ Notices to the parties shall, unless otherwise requested in "A; writing, be sent to the Agency at 20 Civic Center Plaza, Santa Ana, - California 92701, and to the Contractor at 190 Newport Center Drive,:~ P.O. Box 2760, Newport Beach, California 92660. .ha: SECTION 510 TERMINATION Either party, upon thirty (30) day notice in writing to the other, may terminate this agreement and Contractor shall only be entitled to compensation for services performed to the expiration of said thirty (30) day notice. SECTION 511 OWNERSHIP OF MATERIALS AND DOCUMENTS Any and all sketches, drawings, tracings, filed survey notes, computations, detail and other materials and documents prepared by the Contractor shall be the property of the Agency from the moment of their preparation and the Contractor shall deliver such materials and documents-to the Agency whenever requested to do so by the Agency. -8- ,; J ~ , I 8 SECTION 512 NON-DISCLOSURE The designs, plans, reports, investigations, materials and documents prepared or acquired by the Contractor pursuant to this agreement (including any duplicate copies kept by the Con- tractor) shall not be shown to any other public or private person or entity except as authorized in writing bý the Agency. The Con- tractor shall not disclose to any other public or private person or entity any information regarding the activities of the Agency, except as authorized in writing by the Agency. SECTION 513 VALIDITY The invalidity in whole or in part of any provisions of this agreement shall not void or effect the validity of any other pro- vision of this agreement. SECTION 514 LAWS GOVERNING THIS AGREEMENT This agreement shall be governed by and construed in accordance with the laws of the State of California. SECTION 515 EXCLUSIVITY OF AGREEMENT This agreement supersedes any and all other agreements either oral or in writing between the parties hereto with respect to employ- ment of the Contractor ~y the Agency and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements orally -9- , or otherwise, have been of any party, which are ment shall be effective both the Agency and the made by any party, or anyone acting on behalf not embodied herein, and that no other agree- unless executed in writing and signed by Contractor. IN WITNESS WHEREOF, the Agency and the Contractor have executed this agreement as of the date first hereinabove set forth. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ~~~~y~ ,- RICHARD E. GOBLIRS J E. G , Cha~rman Executive Director ATTEST: . :iJJ..~ AS? KEITH GOW, Agency Counsel B 8 -10- , . , ~. '. ~. - , 8 ~fI- BOUNDARY FOR THE CITY OF SANTA ANA REDEVELOPMENT PROJ ECT AREA -11-