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HomeMy WebLinkAbout FULL PACKET_2006-08-21ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTIONS 14-4 THROUGH 14-4.6 TO CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING PUBLIC SAFETY RADIO SYSTEM COVERAGE. 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. The City of Santa Ana ("City") provides public safety services to its community including police services through the Santa Ana Police Department ("SAPD") and fire services through the Santa Ana Fire Department ("SAFD"); and B. Recent development throughout the City has caused interference to the 800 MHz Countywide Coordinated Communication System used by both SAPD and SAFD. C. Said radio interference has caused a lack of both quality and essential public safety emergency radio communication and, as a result, is a potential threat to the safety of emergency workers and to the public. D. In order to minimize the danger to life caused by ineffective communication, all planned construction of new buildings that does not provide for the necessary level of communication under the 800 MHz Countywide Coordinated Communications System must be equipped with technology that will allow effective and continuous radio communication to be maintained. E. The regulations added by this ordinance constitutes a "local security standard," as that term is utilized in California Penal Code section 14501, regulating the erection, construction, or alteration of buildings within the City. F. The proposed ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15308 of Title 14 of the California Code of Regulations because the ordinance sets forth specifications and procedures for the maintenance, restoration, enhancement, and protection of the environment. Section 2. The City Council hereby approves and adopts the "City of Santa Ana Public Safety Radio System Coverage Specifications," attached hereto as Attachment "A" and incorporated herein by this reference. The Fire Chief or designee may, from time to time, prepare such amendments to the City of Santa Ana Public Safety Radio 11 A-1 System Coverage Specifications as are necessary to enforce the policies and purposes of this ordinance. Such amendments shall be deemed officially adopted upon their receipt and filing with the City Council at any regular or special meeting of the Council. Section 3. Sections 14-4 through 14-4.6 are hereby added to Chapter 14 of the Santa Ana Municipal Code, to read in full as follows: Sec. 14-4. Public Safety Radio System Coverage -Intent and purpose. The intent of the section is to provide a regulatory framework for the purpose of providing effective 800 MHz Countywide Coordinated Communication System coverage throughout the City of Santa Ana for police and fire emergency services. Sec. 14-4.1. Same -Definitions. The following words, terms, and phrases when used in these sections 14.4 through 14.6 shall have the meanings ascribed to them in this section, except where the context clearly indicates a differing meaning: A. SAPD shall mean the Santa Ana Police Department B. SAFD shall mean the Santa Ana Fire Department. C. OCSD/Communications shall mean the Orange County Sheriff-Coroner Department/Communications Division. D. Countywide Coordinated Communication System shall mean that radio system used by local law enforcement, fire, lifeguard and public works departments within the County of Orange for emergency and non-emergency radio communication on the 800 MHz radio band. E. City of Santa Ana Public Safety Radio System Coverage Specifications shall mean those officially adopted specifications designed to provide optimum coverage and radio effectiveness within buildings and structures under the Countywide Coordinated Communication System. F. FCC-Certified Technician shall mean an individual who is qualified with a General Radiotelephone Operator License (GROL/PG), or equivalent, to review design plans and perform tests in affected structures to measure City of Santa Ana Public Safety Radio System Coverage Specifications. G. Special Inspector shall mean an FCC-certified technician approved by the City of Santa Ana. Sec. 14-4.2. Same -Use and occupancy. A. No person shall construct or remodel, as defined herein, any building or structure, or cause the same to be done, which fails to support adequate radio 11 A-2 coverage for City emergency service workers operating on the 800 MHz Countywide Coordinated Communications System; provided that said building or structure is (a) is designed or intended for commercial, institutional or industrial use and is four (4) stories or more excluding subterranean storage or parking, or (b) is designed or intended for residential or mixed use and is five (5) stories or more excluding subterranean storage or parking. B. For purposes of this section the word "remodel "shall mean renovation, alteration or improvement of any building or structure devoted to commercial use of more than thirty percent (30%) of the original building or structure. C. No Certificate of Occupancy shall be issued for any building or structure covered in subsection A of this section, nor shall any such building or structure be occupied, absent proof of compliance with this section. D. The owner of any building or structure which has installed a 800 MHz Countywide Coordinated Communications System shall be responsible for maintaining a reasonable standard of reliable radio communication within their buildings and structures once a Certificate of Occupancy is issued. E. For the purposes of this section, adequate radio coverage shall include those specifications in the City of Santa Ana Public Safety Radio System Coverage Specifications. F. Should construction of a new building or structure, which is otherwise exempt from this section, include one or more subterranean storage or parking levels, then this ordinance shall apply only to the subterranean levels. Sec. 14-4.3. Same -Testing procedures. Test of radio coverage will be conducted pursuant to those specifications in the City of Santa Ana Public Safety Radio System Coverage Specifications, as summarized below. A. Initial Tests. Initial tests will be performed by FCC-certified technicians in accordance with Test Standards as listed in the City of Santa Ana Public Safety Radio System Coverage Specifications. ACertificate of Occupancy shall not be issued if said structure, or any part thereof, fails to comply with these Test Standards. B. Annual Tests. Annual tests will be conducted by SAFD personnel, or their agent in accordance with the Test Standards as listed in the City of Santa Ana Public Safety Radio System Coverage Specifications. Sec. 14.4.4. Same -Amplification systems allowed. Buildings and structures that cannot support the required level of radio coverage shall be equipped with amplification systems as specified in the City of Santa Ana Public Safety Radio System Coverage Specifications. 11 A-3 Sec. 14-4.5. Same -Costs. The FCC-certified technician is the special inspector who shall be employed by the owner, the engineer or architect of record, or agent of the owner, but not the contractor or any other person responsible for the building or structure construction. Sec. 14-4.6. Same -Non-compliance and Penalty. A. After discovery of non-compliance, the building owner shall be provided forty- five (45) days from written notification by the Fire Chief or designee to remedy the deficiency and gain compliance. B. It shall be unlawful for any person, firm or corporation to violate any provision or fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provisions of this ordinance or failing to comply with any of its requirements shall be deemed guilty of an infraction, punishable by fine not exceeding Two Hundred and Fifty Dollars ($250.00) per day. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continues or permitted by such person, form or corporation, and shall be punishable therefore as provided for in this ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Paula Coleman Assistant City Attorney 11 A-4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-~;XX 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 11 A-5 ATTACHMENT "A" CITY OF SANTA ANA PUBLIC SAFETY RADIO SYSTEM COVERAGE SPECIFICATIONS 1. Performance. Specifications are provided to assist property owners in satisfying a delivered audio quality (DAQ) of 3 with a 90% reliability factor for emergency personnel using radio communication in their buildings and structures. Property owners who can demonstrate full compliance with the reliability factor without adhering to all of the following specifications may be excused from all or part of these provisions. Property owners who adhere to all of the specifications and fail to reach the reliability factor must employ all resources necessary to ensure full compliance. Performance and compliance will be inspected annually as part of the Santa Ana Fire Department's Annual Fire Inspection. 2. Signal Strength, Signal Rejection, Modulation Compatibility, Delivered Audio Quality and Technical Specifications. The following defines the minimum required level of radio signal strength: • A minimum signal strength of (-95dBm) in 90% of the area of each floor of the building from both the 800 MHz Countywide Communications Systems and from within the building is required. • The frequency range supported from the 800 MHz Countywide Communications System shall be 851 - 869 MHz (base transmitter frequencies). • The frequency range supported to the 800 MHz Countywide Communications System shall be 806 - 824 MHz (radio field transmit frequencies). • A public safety radio amplification system shall include filters to reject frequencies below 851 MHz and frequencies above 869 MHz by a minimum of 35 dB. • All system components must be 100% compatible with analog and digital modulations after installation without additional adjustments or modifications. The systems must be capable of encompassing the frequencies stated herein and capable of future modifications to a frequency range subsequently established by the City of Santa Ana. If the system is not capable of modification to future frequencies, then a new system will need to be installed to accommodate the new frequency band. Active devices shall have a minimum of -50 dB 3rd order intermodulation protection. 11 A-6 • All active in-building coverage devices shall be FCC Part 90 Type Certified. • UL listing is required for any AC operated power supplies. • Active devices shall include a minimum of 12 hours of battery backup power. • Any in-building coverage system shall be installed by a City approved, manufacturer-trained and certified installer. The delivered audio quality is defined below: DAQ Subjective Performance Description Delivered Audio Quality 1 Unusable, speech present but unreadable. 2 Understandable with considerable effort. Frequent repetition due to noise /distortion. 3 Speech understandable with slight effort. Occasional repetition required due to noise /distortion. 3.5 Speech understandable with repetition only rarely required. Some noise /distortion. 4 Speech easily understood. Occasional noise /distortion. 4.5 Speech easily understood. Infrequent noise /distortion. 5 Speech easily understood. 3. Remedies to achieve compliance (Acceptable Amplification Systems): If needed to ensure compliance with the 90% reliability factor, the property owner must install each of the following: An in-building coverage system composed of a radiating cable system or an internal multiple antenna system with FCC-certified bi-directional 800 MHz amplifier(s), distribution system, and subcomponents. Any active devices (e.g. signal booster(s)) must be encased in a NEMA 4 (or equivalent) dust/waterproof case and clearly labeled "City of Santa Ana Public Safety Radio". Multi-band pass filters as required. 11 A-7 In the event of a power outage, all electrical components must be equipped with independent auxiliary battery power or generators to function at full capacity for at least twelve (12) hours. Once a system is installed, a Spectrum Analyzer will be used to evaluate the system for harmful interference to the 800 MHz Countywide Coordinated Communications System backbone initially, and annually thereafter by an OCSD/Communications Division FCC- certified technician. Any interference must be identified and removed before the system can be accepted. 4. Applicable Federal Communications Commission Rule Compliance. All active devices used to provide extended coverage must be FCC-certificated. A. Test Standards. Design Review and Certification. 1. Prior to issuance of a building permit, the applicant shall: Retain an FCC-certified technician who will review construction plans in order to ensure that such plans meet aforementioned radio communication criteria, and recommend, if needed, an in-building solution for reliable radio communication; ii. Submit copies of plans certified with the signature of the technician to the City of Santa Ana, SAPD/SAFD and OCSD/Communications; 2. Prior to issuance of a Certificate of Occupancy, the applicant shall: i. Retain an FCC-certified technician who will test all areas of the building or structure, verify installation and operation of in-building solutions, if needed, and certify all of the findings stated herein on the date of inspection with his/her signature. A passing test is one that demonstrates DAQ 3 with a 90% reliability factor on each floor. Owners of buildings or structures that fail to meet this standard will not be in compliance with this ordinance. ii. The building owner must retain all records of initial and annual inspections and submit copies to the City of Santa Ana, SAPD/SAFD, and OCSD/Communications. B. Initial Test Procedure. For purposes of testing, each floor of the building shall be divided into a grid of approximately twenty (20) equal areas. A maximum of two (2) nonadjacent areas will be permitted to fail the test. In the event that three (3) of the areas fail the test, and to provide greater statistical accuracy, the floor may be divided into forty (40) equal areas. In 11 A-8 such an event, a maximum of four (4) nonadjacent areas will be permitted to fail the test. As specified by the authority having jurisdiction, the test shall be conducted by using a Motorola XTS 3000/XTS 5000 or equivalent portable radio talking through the 800 MHz Countywide Coordinated Communications System. A spot located approximately in the center of a grid area will be selected for the test. The radio will then be keyed to verify two-way communication to and from the outside of the building through the 800 MHz Countywide Communications System. Once the spot has been selected, prospecting for a better spot within the grid area will not be permitted. All auxiliary power systems shall be tested under load for a period of one (1) hour to verify that the system will operate properly in the event of a power outage. The testing technician reserves the discretion to determine whether or not the battery exhibits symptoms of failure. The FCC-certified technician will ultimately decide if the auxiliary system needs to be replaced or upgraded. C. Annual Test Procedure. After a Certificate of Occupancy is issued, the SAFD Inspector or appointed agent will annually test the in-building system components to determine general functional operability. If non- compliance is found, an approved FCC-technician will reassess the improvement upon scheduling by the building owner. D. Every two years battery back-up systems shall be replaced per manufacturer's specifications. 5. Additional equipment feature requirements. Active devices shall be alarmed. A phone line (plain old telephone service or POTS) will provide dial tone to an alarm device. The alarm device will be programmed to activate a pager on the County of Orange's 900 MHz paging system. Access to the active components of the in-building coverage system (if any) is required twenty-four (24) hours a day by County technicians/engineers. The minimum alarms will indicate loss of AC failure and operational failure. The device shall also have modem access to allow remote monitoring. 6. New Building Construction All new building construction shall have atwo-inch conduit installed between the first and bottom subterranean floor and said conduit shall extend along the center of the building to the roof. At each floor and the roof, an opening shall be made to afford easy access to the conduit from the ceiling. Access in either the form of drop ceiling or conduit shall be made available along hallways and through firewalls. All subterranean parking garages shall have a similar conduit installation. 11 A-9 11A-10 { CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON MAIN STREET DEVELOPMENT MINUTES March 2, 2006 CALLED TO ORDER The meeting convened at 6:05 p.m. in City-Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California. ATTENDANCE City Council Committee members present: Mayor Pro Tem Lisa Bist, Councilmember Claudia Alvarez, Councilmember Jose Solorio (departed 6:40 p.m.) Staff members present: Deputy City Manager Development Services Steve Harding; Chief Assistant City Attorney Benjamin Kaufman; Community Development Agency Executive Director Patricia C. Whitaker; Planning and Building Agency Executive Director Jay Trevino; Planning Manager Karen Haiuza; Assistant Planner ll Lucy Linnaus; Senior Planner: Sergio Klotz, Senior Civil Engineer Mindy Ly, and Community Preservation Inspector Alvaro Nunez. AGENDA ITEMS 1. APPROVAL OF MINUTES -February 2, 2006 Action: The minutes were approved as amended: 3:0 Amended {tem 3 to read Saint Joseph School and Church. 2. PROPOSED CODE ENFORCEMENT ACTIONS A banner permit was obtained for 2541 S. Main; however, it was placed over the sign. Thus, the file was referred to the City Attorney for review. If the banner is removed and a new sign is not installed, staff will wait 90 days and start the process again. The property owners of 1417 S. Main went to court and initiated proceedings to evict the tenant. Code enforcement will monitor the ( property and give an update at the next meeting. Main St. Dev. Committee Minutes 1 March 2, 2006 13B-1 A permit for a monument sign was obtained for 1131 S. Main. The signs i and poles were removed. The approved business is a small mini-mart business. This is an approved prior use, thus allowed by our SAMC. An NV was issued regarding the property located at 1440 S. Main. This allows us to address the excessive signage on the market side and any additional businesses at the property. Code Enforcement checked the windows at AutoZone. They were noncompliant and AutoZone was cited for $100. An NV was issued for 2017 S. Main. Code Enforcement will continue monitoring the location. Code Enforcement had issued warnings regarding excessive signage and exterior displays in the Downtown area from Birch to French. In addition to warning notices, fines were also issued. 3. SANTA ANA BOULEVARD RENAISSANCE PROJECT UPDATE Karen Haluza reported that the contract with Moule & Polyzoides Architects was finalized. A meeting was held on February 23 and other public meetings are scheduled as follows: • Interview Phase • Discovery Workshops • Study Session - to affirm the direction of the plan • Charette Sessions -scheduled for the second week of May Regular updates will be provided to this Committee. 4. PROJECT UPDATES a) 4T" Street Pushcart Status - The carts are almost completed. The ribbon cutting ceremony is scheduled for Saturday, March 25, at 11 a.m. A list of invitees is being compiled for the ceremony. Pat Whitaker requested that the Committee members advise staff of any organizations they wish to be included on this list. Main St. Dev. Committee Minutes 2 March 2, 2006 13B-2 The last payment for the carts will be made following the final health i department inspection. The vendors are happy with the carts, which will be on the street following the March 25 ceremony. b) SC Gas Buildina No new information is available. c) Phase III Olson Lofts Status No definite plans have been submitted as yet. An in-house meeting is scheduled to review existing documents, and specifically, density. More definite plans will be provided at the next meeting. Some sketches were shown to the Committee and explained by Jay Trevino. d) Otis Buildina Update Owner is refusing to paint the building and has not returned phone calls from staff. Pat Whitaker will try and contact her again. e) Construction of Archway Sign on South Main Street A kick-off meeting was held on March 1 with Graphics Solution, the consultant. Mindy Ly conveyed that the consultant requested feedback from the Committee to complete a conceptual plan. ..The consultant will attend the next meeting. Some suggestions included: • Illuminating the sign • Having the letters lit • Having simple lighting across the archway "truss" • Using a similar color as the original sign The Committee will recommend text for the sign and was asked to contemplate using the words "Main Street Santa Ana." Committee member Bist suggested asking the Santa Ana merchants about what wording they would prefer. f) Nexus Entry Sign Update Two signs are scheduled for completion. g) Loft Survey Update No update was provided. Main St. Dev. Committee Minutes 3 March 2, 2006 13B-3 h) Business Survey Comments from Committee member Bist will be submitted prior to sending out the Business Survey. 6. PUBLIC COMMENTS -None 7. COMMITTEE MEMBER COMMENTS Committee member Bist requested that staff follow up on the Loft Survey results regarding the concern about the activities at the Festival Hall. There is a need for better security following the shows and in disbanding the public. The Police Department is aware of the situation. 8. ITEMS FOR FUTURE MEETINGS Security of 4th Street Businesses -- Committee member Alvarez suggested a Neighborhood Watch Program based on the burglaries in the Downtown. The Committee agreed to remove the 4th Street Pushcart Status item. 9. NEXT MEETING -April 6, 2006 ADJOURNMENT - 7 p.m. C G~~ ,~~'TPatricia C. hitaker Recording cretary Community Development Agency PCW/mlr Main St. Dev. Committee Minutes 4 March 2, 2006 13B-4 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON MAIN STREET DEVELOPMENT MINUTES April 6, 2006 CALLED TO ORDER The meeting convened at 5:55 p.m. in City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California. ATTENDANCE City Council Committee members present: Mayor Pro Tem Lisa Bist, Councilmember Jose Solorio, and Councilmember Claudia Alvarez (6 p.m.) Staff members present: Deputy City Manager Development Services Steve Harding; Chief Assistant City Attorney Benjamin Kaufman; Planning and Building Agency Executive Director Jay Trevino; Planning Manager Karen Haluza; Assistant Planner II Lucy Linnaus; Economic Development Manager Linda Summers; Redevelopment Assistant Danell Mercado; Senior Civil Engineer Mindy Ly; Community Preservation Inspector Alvaro Nunez; and Police Officer Campuzano. AGENDA ITEMS 1. APPROVAL OF MINUTES -March 2, 2006 Action: The minutes were approved 2:0 (Alvarez absent) 6. PROJECT UPDATES Item taken out of order. d) Construction of Archway Sign on South Main Street A presentation was given by Simon Andres, Principal, Graphic Solutions. Four preliminary concepts were shown to the Committee. The Committee preferred option A, which resembles the original sign, and selected Red Barn as their color choice for the sign and Falling Water for the steel construction arch span. The lighting for the sign is fine as proposed. *T#e **The arch span does not need additional lighting since there are two lights at the end of the post and street lighting nearby as well. *Amended at the June 1 meeting. ** Main St. Dev. Committee Minutes 1 April 6, 2006 13B-5 The Committee would like to consider feedback from the South Main Merchants Association (SMMA) on the wording for the sign. Danell Mercado will present option A to SMMA at their April meeting and request feedback on the wording from them. 3. SANTA ANA BOULEVARD RENAISSANCE SPECIFIC PLAN UPDATE Item taken out of order. Interviews were conducted with city staff and community leaders the week of April 3. Discovery workshops will be conducted on April 18 and 20. The six-day Charrette will be held from May 8 thru 13. 5. 3~d STREET SECURITY UPDATE -FESTIVAL HALL Item taken out of order. Officer Campuzano informed the Committee of problems with Festival Hall - transvestites loitering, drinking in public, etc. Vice is working under cover at the site. Not a lot of calls are coming in from the Loft Owners. Linda Summers informed the Committee that Vince Sarmiento is scheduling a meeting with the Loft Owners and increasing his private security for Festival Hall. ~~ 2. PROPOSED CODE ENFORCEMENT ACTIONS Continued to the May 4, 2006, meeting. 4. SECURITY OF 4T" STREET BUSINESSES UPDATE Continued to the May 4, 2006, meeting. 6. PROJECT UPDATES Continued to the May 4, 2006, meeting. a) SC Gas Building b) Phase III Olson Lofts Status c) Otis Building Update e) Nexus Entry Sign Update f) Loft Survey Update Main St. Dev. Committee Minutes 2 April 6, 2006 13B-6 g) Business Survey h) Property Owner Survey 7. PUBLIC COMMENTS -None 8. COMMITTEE MEMBER COMMENTS -None 9. ITEMS FOR FUTURE MEETINGS -None 10. NEXT MEETING -May 4, 2006 ADJOURNMENT - 6:25 p.m. G~~ ~~-cPatricia C hitaker Recording ecretary Community Development Agency dm Main St. Dev. Committee Minutes 3 April 6, 2006 13B-7 CITY OF SANTA ANA PARK DEVELOPMENT, RECREATION PROGRAMS & EDUCATION PARTNERSHIPS CITY COUNCIL COMMITTEE April 18, 2006 MINUTES CALL TO ORDER The meeting convened at 6:00 p.m. in the City Hall, Room 831, 20 Civic Center Plaza,. Santa Ana, California ATTENDANCE The following Councilmembers were present: Claudia Alvarez, Mike Garcia and Jose Solorio. Staff present. were: .Gerardo Mouet, Executive Director Parks, Recreation and Community Services; Ron Ono, Administrative Services Manager and Lorraine Lazarine McCarty, Community Affairs Manager. Guest: Ray Roman CEO, Netz 4 Life AGENDA ITEMS 1. APPROVAL OF MINUTES Action Item: Minutes of February 7, 2006 approved as submitted. 2. NETZ 4 LIFE • Ray Roman presented the purpose of his organization, which is anon-profit organization devoted to revitalizing neglected community athletic infrastructure. The organization uses educational and leadership strengths in building programs to engage and motivate disadvantaged youth to restore their communities. The program proposes to use existing outdoor courts, replacing the basketball nets, revitalizing. the courts, hosting basketball tournaments and clinics and offering a variety of training and events. The program proposes to reach out to young community leaders and provide them with the tools and hope for the future. Mr. Roman proposes to start his 15 week program at EI Salvador Park. The program will consist of three 5-week sessions. New nets will be provided on EI Salvador Basketball courts along with advertisement and banners announcing the program. Park Development Recreation Programs and Education Partnerships City Council Committee -Minutes April 18, 2006 13B-8 3. MISCELLANEOUS FEE Staff presen#ed the miscellaneous fees modifications and new fees being proposed in Parks, Recreation and Community Services Agency for FY 2006/07. All of the city's miscellaneous fees will be increased by the CPI increase of 5.3 percent. Three fees are being modified: 1) Swim Lesson Fee (based on comparable rates with surrounding cities); 2) Youth Sporting Fee (to establish a resident rate for youth organizations using the stadium) and 3) Adult Sporting Fee (to establish a resident rate for adult organizations using the stadium). Six new fees are being proposed in FY 2006/07: 1) a fee for the small meeting room at Salgado Center; 2) a fee for use of Hector Godinez High School Joint Use Facilities; 3) a fee for Swim Team training at 5 pools, 4) a Stadium rental fee for the new synthetic turf field, 5) anon-resident rate for use of the Dan Young Soccer Field, and 6) a fee for use of the Stadium Concession building. 4. SOCCER SURCHARGE • Staff indicated in FY 2002/03 the city established a soccer surcharge of $1.00 per player to all adult soccer organizations that reserve soccer fields in the City. The surcharge was established to pay for the installation of syntheticturf at the Dan Young Soccer Complex. Two synthetic turf fields have been installed at the Dan Young Soccer Complex and the city will be constructing another synthetic turf field at the SA Stadium in January 2007. All three fields were constructed with grant funding, CDBG funds and/or Park Acquisition and Development Funds. None of the surcharge funding was used and staff estimates $149,787 will be collected by the end of FY 2006/07. The continuation of the surcharge is needed as matching funds to complete the two remaining fields at the Dan Young Soccer Complex and to provide the necessary funding to replace the existing fields in 8 to 10 years. 5. NAMING OF PARK SITE • Staff explained that the process for naming city facilities was presented to the Saddleback View Neighborhood Association. After considering the policy guidelines the neighborhood association offered six suggestions for the new park name at Patricia Lane: 1) Saddleback View Park 2) Patricia Lane Park 3) Los Nino Park 4) Phillip & Jessie Guajardo Park 5) Ted Moreno Park 6) Desi Reyes Park Park Development Recreation Programs 2 April 18, 2006 and Education Partnerships City Council Committee -Minutes 13B-9 The name of Saddleback View Park was approved by the Board of Recreation and Parks and the Planning Commission and is being recommended to the City Council on May 1, 2006. A ground breaking event is being planned for Saturday May 20, 2006 at 11:OOam. 6. JOINT USE DISCUSSION • Staff indicated a Technical Advisory Committee, made up of city and district staff is being established, per the agreement to discuss the joint use of scheduling, programming and security at Hector Godinez High School. The first meeting will be held on April 19th to discuss security issues of the campus and park site. 7. MOTHERS DAY CELEBRATION • Staff presented a draft program of the Mother's Day Event that will be held on May 13, 2006; 5pm-9pm at the Santa Ana Stadium. The program will include Trio Los Luises, Ballet Folklorico de Casa Guanajuato, Mariachis, and Little Joe y La Familia as the main feature. The gates will open at 4:OOpm. Various teams have been established to prepare and deliver information to the media, recreation centers, radios, Channel 3, Stadium Marquee, City Web, and flyer distribution to the colleges, churches, businesses, other events and city staff. 8. PUBLIC COMMENTS • No Public Comments. 9. COMMITTEE MEMBER COMMENTS • No committee comments. 10.ITEMS FOR FUTURE MEETINGS: • None 11. NEXT MEETING: June 6, 2005 cancelled Re-scheduled for July11, 2005 -5:45p.m. City Hall, Room 831 Meeting adjourned at 7:10 p.m. ~~S`~ Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency Park Development Recreation Programs and Education Partnerships City Council Committee -Minutes April 18, 2006 13B-10 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON MAIN STREET DEVELOPMENT SPECIAL MEETING MINUTES June 1, 2006 5 p.m. CALLED TO ORDER The meeting convened at 5:11 p.m. in City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California. ATTENDANCE City Council Committee members present: Councilmember Claudia Alvarez, Mayor Pro Tem Lisa Bist, Councilmember Jose Solorio (5:13 p.m.) Staff members present: City Manager Dave Ream, Deputy City Manager of Development Services Steve Harding; Chief Assistant City Attorney Benjamin Kaufman; Assistant Director of the Community Development Agency Nancy Edwards; Planning and Building Agency Executive Director Jay Trevino; Planning Manager Karen Haluza; Senior Civil Engineer Mindy Ly; Senior Planner Sergio Klotz; Community Preservation Inspector. Alvaro Nunez; Police Officer M. Campuzano; Corporal B. Nelson, and Commander Coleman. AGENDA ITEMS 1. APPROVAL OF MINUTES -April 6, 2006 Action: The minutes were approved as amended 2:0 (Solorio absent) Item 6 d) was amended to reflect that the arch span does not need additional lighting since there, are two lights at the end of the post and street lighting nearby as well. 2. PROPOSED CODE ENFORCEMENT ACTIONS Announced that Sergio Verino is the latest addition to the Community Preservation staff. Mentioned that, along with SAPD, SAFD, Building Safety and Community Preservation staff, a warrant was served regarding the Spurgeon Building and a night inspection was completed. There were still some substandard conditions and improper occupancy. Photographs are available. Main St. Dev. Committee Minutes 1 June 1, 2006 13B-11 3. SANTA ANA RENAISSANCE SPECIFIC PLAN UPDATE Karen Haluza reported that the Charrette Catalog is being finalized and will be the first printed product from the consultant Moule &Polyzoides. The catalog will include diagrams, drawings, presentations and photographs and will be on the City's web site. Moule &Polyzoides will be making presentations to various City Boards and Commissions and a listing of these study session dates will be available soon. Reported that there was a large turnout from the Lacy Neighborhood at the Friday night session of the Charrette meetings. Separate sessions have been scheduled to deal with their concerns. Staff will report back to Council at the June 19 meeting. 4. SECURITY OF 4T" STREET BUSINESSES UPDATE Officer Campuzano reported some crime/call statistics and mentioned that patrol checks have been increased and a Downtown Suppression detail has been organized. 5. 3`d STREET SECURITY UPDATE -FESTIVAL HALL Corporal Nelson mentioned that he has attended some Loft Association meetings. He noted to them the importance of having the loft owners and the area business owners call the SAPD to report any incidents, etc. This will help in keeping accurate statistics and helping the SAPD in supporting the area. 6. PROJECT UPDATES a) SC Gas Building -Steve Harding reported that discussion on the cost of the building continues. b) Phase III Olson Lofts Status -Steve Harding reported that a status update will be presented to Council at the June 5 Closed Session meeting. c) Otis Building Update -Staff reported that there has been no response from the owner. D) Construction of Archway Sign on South Main Street -Mindy Ly and Danell Mercado met with the South Main Merchants' Association. The Association suggested that the words "South Main" be added to the sign. Committee members did not agree with this suggestion and asked staff to report back at the next meeting with other suggestions that include the wording "Retail District," "Historic Retail," or Historic District. Main St. Dev. Committee Minutes 2 June 1, 2006 13B-12 Staff plans to advertise for bids in the next three weeks and hopes to complete the project by the end of the year. e) Nexus Entry Sign Update - No update available. f) Loft Survey Update -Nancy Edwards reported that the results of this survey will be incorporated into an overall strategy. g) Business Survey -Nancy Edwards reported that 800 surveys were mailed out and only 31 responses were received. Copies were provided to the Committee showing the results/comments. h) Property Owner Survey - A draft of the 2006 Downtown Santa Ana Property Owner Survey was provided to the Committee and staff requested any comments/suggestions prior to the next meeting on July 6. 7. PUBLIC COMMENTS -Vincent Sarmiento, Counsel for Festival Hall, reported that he had received good feedback following a meeting with the Loft Owners Association Board President. They will be working together on the issues. Mr. Sarmiento also mentioned that two additional security guards have been added to patrol Festival Hall. 8. COMMITTEE MEMBER COMMENTS - Committee Member Bist inquired about the sidewalk improvements and the rebate program on South Main. Staff will report back at the next meeting. 9. ITEMS FOR FUTURE MEETINGS - South Main Public Improvements and South Main Rebate Program will be added to the next agenda. 10. NEXT MEETING -July 6, 2006 ADJOURNMENT - 5:45 p.m. ~~Patricia C. l hitaker Recording Secretary Community Development Agency mlr Main St. Dev. Committee Minutes 3 June 1, 2006 13B-13 CITY COUNCIL COMMITTEE ON NEIGHBORHOOD IMPROVEMENT/CODE ENFORCEMENT Meeting Minutes June 27, 2006 CALL TO ORDER The meeting was called to order at 5:47 p.m. in Training Room 1602, City Hall Ross Annex. ATTENDANCE The following Committee members were present: Lisa Bist and Alberta Christy Absent: Carlos Bustamante Staff present were: Jay Trevino, Executive Director Planning and Building Agency; Kenneth Adams, Assistant Director Planning and Building Agency; Ben Kaufman, Chief Assistant City Attorney; Bruce' Dunams, Community Preservation Manager and Dave Urbin, Project Manager, Public Works Agency. AGENDA ITEMS 1. APPROVAL OF MINUTES -MAY 23, 2006 MEETING Approved by a vote of 2:0 (Bustamante absent) 2. SHOPPING CART DISCUSSION Bruce Dunams presented an overview of the previous discussions undertaken by the committee regarding shopping cart management. He referenced the previous discussion of the January 24, 2006 NI/CE committee meeting and the three previous recommendations provided to the committee by the staff.. The options are listed as follows: • Require immediate on-site cart containment system within six (6) months for all retail merchants. • Require new establishments and all those over 20,000 square-feet to install an on-site cart containment prior to issuance of certificate of occupancy. Existing businesses may remain under existing retrieval system unless a determination is made that the business is in violation of apre-determined threshold. In that case, the store would be required to install an on-site cart containment system. • Allow merchants to provide a plan detailing their own containment system. If the merchant's plan fails to keep carts on-site they must then install acity-approved cart containment system. 13B-14 The committee members discussed several significant issues regarding the existing cart retrieval program by the current private contractor. The committee asked for more detailed reports from the contractor. Ben Kaufman identified the Glendale cart containment system, which mandates on- site cart containment system and a pay for a retrieval system. Violation of more than five carts per day may require more stringent penalties by the city. Jennifer Forkish provided an industry overview to the committee and highlighted the desire of the of grocery industry to keep its carts on-site. She discussed the experiences that different cities had taken to address the cart dispersal issues that they faced. She stated it is her desire to be a willing participant on behalf the grocers association. Several members of the public offered a variety of different opinions and suggestions to the committee. The committee continued the item to explore alternative options and asked staff to provide additional data on other city mandated programs. 3. PUBLIC COMMENTS ON NON-AGENDA ITEMS Evangeline Gawronski requested an update of the progress of the Presale inspection program. Glen Stroud requested information on the additional inspectors included in the next fiscal year budget. 4. COMMITTEE MEMBER COMMENTS -None 5. ITEMS FOR NEXT MEETING A. Shopping Carts Containment Ordinance 6. NEXT MEETING DATE: Tuesday, July 25, 2006 ADJOURNMENT - 7:03 P.M. ~~~~ Kenneth Adams, Assistant Director Planning & Building Agency KA/rb S: Council Comm/NICE CCMICE Minutes 08-27-06 Neighborhood Improvement/Code Enforcement Council Committee Minutes June 27, 2006 13B-15 13B-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING THE OFFICE OF TRAFFIC SAFETY GRANT 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 1. Adopt a resolution authorizing the City Manager and the Chief of Police to execute a grant award agreement with the California Office of Traffic Safety. 2. Approve an appropriation adjustment accepting the California Office of Traffic Safety, Selective Traffic Enforcement Program Grant in the amount of $634,720 into the revenue account (account no. 165-O1-5359) and appropriate same into the California Office of Traffic Safety, Selective Traffic Enforcement Program expenditure accounts (account no. 165-343-various). DISCUSSION The Santa Ana Police Department has been awarded a $634,720 grant from the State of California, Office of Traffic Safety (OTS) under the Traffic Safety, Selective Traffic Enforcement Program. This grant funding will allow the Police Department's Traffic Division to employ enforcement and innovative strategies to help in the reduction fatal and serious injury traffic collisions. The traffic enforcement operations will be directed at intersections with a history of disproportionate number of traffic collisions. FISCAL IMPACT Approval of the appropriation adjustment will enhance the OTS, Selective Traffic Enforcement Program revenue account (account no. 165-01-5359) by $634,720 and increase the same into the OTS, Selective Traffic Enforcement Program expenditure accounts (account no. 165-343-various). APPROVED AS TO FUNDS AND ACCOUNTS: i ~ Paul M. Walters /~~E'rancisco Gutierrez ~~ Chief of Police rUfi Executive Director Police Department Finance & Mgmt. Services Agency 20A-1 RESOLUTION NO. 2006- Lss01/06/05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND CHIEF OF POLICE TO EXECUTE A GRANT AWARD AGREEMENT WITH THE CALIFORNIA OFFICE OF TRAFFIC SAFETY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. The Santa Ana Police Department has been selected to receive a grant from the California Office of Traffic Safety in the amount of $634,720.00. B. Grant funding will allow the Police Department to conduct a Selective Traffic Enforcement Program (STEP) including DUI/Driver's License checkpoints and patrols, and targeted enforcement of red light runners, aggressive speeders and drivers with unbelted vehicle occupants. Section 2. The City Council authorizes the City Manager and the Chief of Police, or their designee(s), to execute a grant award agreement with the California Office of Traffic Safety in the amount of $634,720.00. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney Resolution 2006 Page 1 of 2 20A-2 AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Resolution No. the City of Santa Ana on Clerk of Council, do hereby attest to and certify the attached to be the original resolution adopted by the City Council of Date: Clerk of Council City of Santa Ana Resolution 2006 Page 2 of 2 20A-3 20A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING ORANGE COUNTY TRANSPORTATION AUTHORITY FUNDS FOR THE SENIOR MOBILITY 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 CITY MANAGER RECOMMENDED ACTION Approve an appropriation adjustment accepting $183,840.00 in the Orange County Transportation Authority Senior Mobility Program revenue accounts (account nos. 169-01-5374 and 169-01-5369-1) and appropriate funds to the Senior Mobility Program expenditure accounts (account nos. 169-255- various and 169-248-6291). DISCUSSION The Orange County Transportation Authority (OCTA) developed the Senior Mobility Program for the purpose of improving transportation services for seniors in the region. The City is in the sixth year of a six-year agreement with OCTA for providing transportation services to Santa Ana seniors to and from our two senior centers and various City events. For FY 2006-2007, the City of Santa Ana will receive $131,150 to continue the operation of three vehicles used for local senior transportation services. As part of the agreement the City of Santa Ana will provide a 20 percent local match, which may consist of in-kind staff resources or other contractual transportation services. Funds for the match are included in the Parks, Recreation and Community Services Agency FY 2006- 07 budget. In addition, the City will receive $52,690 from OCTA to support the Vietnamese Community of Orange County's (VNCOC) senior mobility program. The VNCOC will receive $52,690 and provide the 20 percent local match required under the agreement. In turn, VNCOC will provide transportation services for the Vietnamese senior community in Santa Ana. 20B-1 Orange County Transportation Authority August 21, 2006 Page 2 FISCAL IMPACT The appropriation adjustment will enhance the Orange County Transportation Authority Senior Mobility Program revenue accounts (account nos. 169-01-5374 and 169-01-5369-1) and the expenditure appropriations for the Senior Mobility Program (account nos. 169-255- various and 169-248-6291) by $183,840. Gerardo o et, Executive Director Parks, Recreation and Community Services Agency Approved as to Funds and Account: Francisco Gutierrez,- Executive Director ~~ Finance & Management Services Agency 20B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: CONTRACT RENEWAL FOR HEATING, VENTILATION, AND AIR CONDITIONING MAINTENANCE AND REPAIRS (SPEC. NO. 03-044) rCt~ ` ------_ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Adelphia, Inc. d/b/a/ Chandler's Air Conditioning and Refrigeration for heating, ventilation, and air conditioning maintenance and repairs for a one-year period in an annual amount not to exceed $190,000. DISCUSSION Various agencies throughout the City have heating, ventilation, and air conditioning systems that require maintenance to ensure maximum efficiency and operational reliability. The contract will provide service, maintenance, parts and unit replacement as required. On July 21, 2003, the City Council awarded a contract to Chandler's Air Conditioning for a two-year period with provision for three, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the second renewal of the contract. FISCAL IMPACT Funds are available in the various departmental Maintenance & Repairs of Buildings & Grounds accounts (object code 6291). Francisco Gutierrez Executive Director Finance and Management Services Agency4~ FG/BP/03-044R2.2:uc 22A-1 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: CONTRACTS RENEWAL FOR LEASE AND RENTAL VEHICLES (SPEC. NO. 04-091) ~~, TY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance an 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contracts for lease and rental vehicles for a two-year period, in the following annual amounts not to exceed: Vendor: Location: Amount: Guaranty Chevrolet Motors, Inc. Santa Ana $ 27,183.75 Enterprise Fleet Services Santa Ana $175,519.67 DISCUSSION The Santa Ana Police Department leases and rents vehicles, both on a short- term and long-term basis. Short-term rentals are used when Police vehicles are in the shop for repairs and maintenance or during day-to-day undercover operations. The Special Investigations Division uses long-term lease vehicles primarily for prolonged surveillance. Long-term rentals allow vehicles to be interchanged between undercover operations in order to maintain anonymity. In addition, various City agencies rent vehicles to perform routine business. The Community Development Agency's Federal Empowerment Zone Youth Work Force Development Program rents vehicles for their five-month summer program. Additionally, the Community Development Agency and the Planning and Building Agency may rent small passenger vans on a daily or weekly basis to accommodate the review or inspection of City projects. On August 16, 2004, the City Council awarded contracts for a two-year period, with provision for one, two-year renewal. The vendors have agreed to renew the contracts; however, Guaranty Chevrolet Motors, Inc. has requested a 10 percent increase and Enterprise Fleet Services has requested an average 19 percent increase for 2-year new vehicle leases. The price increase reflects an allotment increase from 15,000 to 25,000 miles per vehicle annually, reducing the potential for excessive mileage penalties at lease end. Staff recommends the final renewal of the contracts. 22B-1 Contract Award for Lease/Rental Vehicles August 21, 2006 Page 2 FISCAL IMPACT Funds are available in the various departmental Other Contractual Services accounts (object code 6291). Francisco Gutierrez Executive Director Finance and Management Services Agency~l FG/KM/04-091R.2:uc ' 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: CONTRACT AMENDMENT FOR DEFIBRILLATORS (SPEC. NO. 05-127) ,tip 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 Amend the contract with Emergency Medical Equipment, LLC, for the purchase of defibrillators in the amount of $52,500 for a total amount not exceed $57,600. DISCUSSION The Santa Ana Fire Department's Emergency Medical Services uses defibrillators in the performance of its duties. To enhance the medical readiness of the Santa Ana Fire Department, the Fire staff has placed Zoll Automated External Defibrillators in all Fire buildings and vehicles. These devices provide step-by-step Cardiopulmonary Resuscitation(CPR) and feedback on compression rate and depth to help rescuers provide the best manual. CPR possible.. On February 21, 2006, Council awarded a contract to Emergency Medical Equipment, LLC, a Santa Ana vendor, for the purchase of Zoll Automated External Defibrillators. The amendment will allow for the purchase of an additional 31 units for placement in public areas of several City facilities including the Main Library, City Hall, the Corporate Yard, the Santa Ana Zoo, and various recreation centers. As a result, staff recommends Council approval of the recommended action. FISCAL IMPACT Funds are available in the Fire Department Grants Metro Medical Response System 2004 Grant Operating Materials & Supplies account (account no. 146- 325-6391). iv~/ Philip M. G cia Fire Chief APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency/_ PMG/SP/05-127A.3:uc 2 2 C ~~ 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: CONTRACT AWARD FOR KITCHEN CABINETS (SPEC. NO. 06-083) (M.. ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to The Home Depot for kitchen cabinets in an amount not to exceed $13,330. DISCUSSION Fire Station 4 was built in 1978. The station houses one engine company, one truck company, one medic unit and one Battalion Chief and his aide for a total of 11 personnel and is in use 24 hours a day, seven days a week. The existing kitchen cabinets have been in use for over 28 years and have deteriorated due to normal daily usage. The recommended action will provide new cabinets and additional storage space. Nine Invitations For Bid were sent to various vendors and only The Home Depot attended a mandatory pre-bid meeting. Subsequently, The Home Depot submitted an informal proposal directly to the Fire Department. No formal responses were received. The vendor's proposal meets the City's specifications and staff recommends approval. FISCAL IMPACT Funds are available in the Fire Maintenance Improvement to Buildings account (account no. 11-327-6621). APPROVED AS TO FUNDS AND ACCOUNTS: Ph llip Ga is Fire Chi . \~J~-r ~¢CQ~`~l~f ~ ~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency FG/BP/06-083.2:uc 22D-1 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: CONTRACT AWARD FOR CLOTHING AND SHOES FOR JAIL OPERATIONS (SPEC. NO. 06-090) rY~ G'/ 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 1. Reject the bid from ATD American Co. as nonresponsive to the specification. 2. Award a contract to Leslee Scott, Inc. for the purchase of inmate undergarments and shoes for a two-year period, with provision for three one-year renewals in an annual amount not to exceed $47,426. DISCUSSION The City of Santa Ana maintains a 480-bed holding facility which houses inmates during the arraignment and hearing process. Board of Corrections guidelines mandate that all inmates must be supplied with clean socks, footwear, and outer garments. Inmates may use their own undergarments or purchase them through the commissary. Inmates who do not have their own undergarments and are unable to purchase them through the commissary are provided with orange colored undergarments. Orange colored undergarments are required to distinguish between inmates' personal property and holding facility property. The contract is designed to facilitate daily operations by providing undergarments and shoes on an as-needed basis at a significant cost savings based on quantity pricing. The notice inviting bids was advertised on July 3 and 5, 2006 and bids were solicited. A summary of the bid invitations and bids received is as follows: 7 Invitations For Bid mailed 2 Bids received 22E-1 Contract Award for Clothing and Shoes August 21, 2006 Page 2 Bids were received and opened on July 24, 2006. The bid received from ATD American Co. did not meet the color specification for the undergarments and was therefore considered nonresponsive. The bid received from Leslee Scott, Inc. is responsive to the specification and meets the City's requirement. To allow for unanticipated requirements, a ten percent contingency has been included. FISCAL IMPACT Funds are available in the Police Detention Services Operating Materials & Supplies account (account no. 11-349-6391). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters FF anc~sco GGutierrez Chief of Police Executive Director Finance & Mgmt. Services Agency PMW/SP/06-090.7:uc ~'' 22E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: CONTRACT AMENDMENT AND AWARD FOR BODY ARMOR VESTS (SPEC. NOS. 02-006 & 06-105) I`~``~ G' / •~ 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. Amend the contract with Galls, an ARAMARK Company LLC, for body armor vests in the amount of $20,000 for an annual amount not to exceed $67,051. 2. Award a contract to Galls, an ARAMARK Company LLC, for body armor vests for a three-year period, with provision for two, one-year renewals in an annual amount not to exceed $45,997; and increase the aggregate limit for miscellaneous supplies in an amount not to exceed $20,000 annually. DISCUSSION Police officers are required to wear body armor vests while performing their field job duties for protection and safety. The Police Department requires replacement of a vest prior to the expiration of its warranty period and anticipates replacement of 75 vests over the next year. The notice inviting bids was advertised July 3 and 5, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 15 Invitations For Bid mailed 1 Invitation For Bid mailed to a Santa Ana vendor 3 Bids received Bids were received and opened July 24, 2006 (Exhibit 1) . The bid received from Galls, an ARAMARK Company LLC, is responsive to the specification and meets the City's requirements. To allow for unanticipated requirements, a ten percent contingency has been included. 22F-1 Contract Amendment and Award for Body Armor Vests August 21, 2006 Page 2 In 2005, safety concerns were raised regarding the long-term viability of vests made from Zylon. These concerns prompted the exchange of all Zylon vests for vests made with Kevlar, resulting in an additional cost to the City. Amending the contract will allow for payment of invoices and uninterrupted service to the Police Department. Galls, an ARAMARK Company, LLC, provides for the purchase of miscellaneous supplies for the Police Department. The purchase of body armor vests, when combined with previous purchases during the current fiscal year, exceeds the $10,000 aggregate limit. In order to facilitate future purchases, staff recommends an increase to the aggregate limit. FISCAL IMPACT Funds are available in the Police Property & Facilities Operating Materials & Supplies account (account no. 11-343-6391). APPROVED AS TO FUNDS AND ACCOUNTS: ~1.,~. l~'r~--- Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Finance & Mgmt. Services Agency PMW/SP/02-006A & 06-105.7:uc 22F-2 ABSTRACT OF BIDS CONTRACT AWARD FOR BODY ARMOR VESTS SPEC. NO. 16-105 Vendor Location Total Cost ~ SIGNAL HILL $ 45,997.60 AARDVARK TACTICAL ORANGE $ 53,336.25 Exhibit 1 22F-3 ~. ADAMSON POLICE PRODUCTS LOS ALAMITOS $ 57,780.94 22F-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: CLERK OF COUNCIL USE ONLY: 'z; ~3~ APPROVED CONTRACT AWARD FOR NATIVE PLANTS FOR THE SANTIAGO PARK HABITAT RESTORATION (SPEC. NO. 06-107) F CIT A AGER RECOMMENDED ACTION FILE NUMBER Award a contract to Tree of Life Nursery for the purchase of native plants in the amount of $19,143. DISCUSSION The Parks, Recreation and Community Services Agency is renovating Santiago Park in order to improve the natural conditions of the park and increase the wildlife habitat for native and migratory birds. A portion of the renovation includes the installation of native plants consisting of 55 different species of Native Grasslands, Oak Woodlands, and Coastal Sage Scrubs in the Santiago Park Day Camp area. The notice inviting bids was advertised on July 7 and 10, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 33 Invitations For Bid mailed 2 Bids received Bids were received, opened on July 7, 2006, and evaluated. Bid results are as follows: Vendor: Amount: Location: Tree of Life Nursery $19,143 San Juan Capistrano Cal-Native Plants, LLC $22,277 Menifee The bid received from Tree of Life Nursery is responsive to the specification and meets the City's requirements. ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO 22G-1 Contract Award for Native Plants August 21, 2006 Page 2 FISCAL IMPACT Funds are available in the State Water Resources Control Board Urban Streams Restoration Program Other Contractual Services account (account no. 171-108-6291). APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet Executive Dir ctor Parks, Rec. Comm. GM/WO/b6-107.8:uc Svcs. Agency ,.- Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: CONTRACT AWARD FOR STREET SWEEPER BROOM REWRAP (SPEC. NO. 06-109) ~~. CITY MANAGER 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 RECOMMENDED ACTION 1. Reject the bid from West Coast Equipment, Inc. as nonresponsive to the specification. 2. Award a contract to American Rotary Broom Co, Inc for street sweeper broom rewrap service for a one-year period, with provision for two, one-year renewals in the annual amount not to exceed $165,000. DISCUSSION The Fleet Maintenance Division of the Finance and Management Services Agency is responsible for the maintenance and repair of 11 street sweepers used by the Public Works Agency's Street Sweeper Division. The street sweepers maintain over 60,000 miles of City streets annually. The brooms on the sweepers require periodic rewrapping to maintain effectiveness. The notice inviting bids was advertised on July 10 and 12, 2006, and bids were .solicited. A summary of the bid invitations and bids received is as follows: 3 Invitations For Bid mailed 3 Bids received Bids were received, opened on July 26, 2006, and evaluated (Exhibit 1). The bid received from West Coast Equipment, Inc. did not meet the cast aluminum alloy broom core requirement and was therefore considered non- responsive. The bid from American Rotary Broom Co., Inc. is responsive to the specifications and meets the City's requirements. 22H-1 Contract Award for Broom Rewrap August 21, 2006 Page 2 FISCAL IMPACT Funds are available in the Equipment Maintenance Garage Operations Maintenance & Repair Machinery & Equipment account (account no. 75-111- 6281) . ~, - .~ Francisco Gutierrez Executive Director Finance and Management Services Agencyj„r FG/KM/06-109.2:uc ~ 22H-2 ABSTRACT OF BIDS CONTRACT AWARD FOR STREET SWEEPER BROOM REWRAP (SPEC. 06-109) VENDOR LOCATION TERMS PARTS MAIN BROOM - POLLY WRAP MATERIAL KIT - TAXABLE SALES TAX RECONDITIONING - NON-TAX TOTAL FOR MAIN BROOM. GUTTER BROOM - STEELWRAP MATERIAL KIT - TAXABLE SALES TAX RECONDITIONING - NON-TAX TOTAL FOR GUTTER BROOM HYDRAULIC DRIVE MOTORS MANUFACTURER OF MOTOR AMERICAN KELLY ROTARY BROOM EQUIPMENT COMPANY ESCONDIDO CA UPLAND CA 2.5~ 20 DAYS NET 30 $ $ 151.54 11.75 $ $ 295.00 22.87 $ 131.68 ALTERNATE OFFER $ 294.97 $ 317.87 $ 40.41 $ 87.00 $ 3.14 $ 6.75 $ 39.55 ALTERNATE OFFER $ 83.10 $ 93.75 $ 394.87 $480 TO $960 ROSS HYD SCHWARZE MAIN BROOM USAGE - 4 PER WEEK $ 1,179.88 $ GUTTER USAGE - 25 PER WEEK $ 2,077.50 $ SUB-TOTAL $ 3,257.38 $ LESS PAYMENT TERM DISC $ 81.44 TOTAL PER WEEK $ 3,175.94 $ 12-MONTH TOTAL $ 165,148.88 $ Round out total $ 165,000.00 $ OFFER ~ ALL OR NONE DELIVERY 24 HOURS 1,271.48 2,343.75 3,615.23 3,615.23 187,991.96 188,000.00 ONLY BROOMS FOR SCHWARZE SWEEPERS NO QTE SUMMARY OF BID AWARD $ 165,000.00 TOTAL AWARD IN THE AMOUTN OF: AMERICAN ROTARY BROOM CO. OFFERS FROM WEST COAST EQUIP. DOES NOT MEET SPEC & CONSIDERED NON-RESPONSIVE. Exhibit 1. 22H-3 22H-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: CONTRACT AWARD FOR MIDSIZE PASSENGER VEHICLES (SPEC. NO. 06-115) ~~ v CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Reject the bid from Fairview Ford Sales, Inc. as nonresponsive to the specification. 2. Award a contract to Bob Stall Chevrolet for the purchase of nine midsize passenger vehicles in the amount of $181,480.09; and increase the aggregate limit for miscellaneous parts in an amount not to exceed $20,000 annually. DISCUSSION The Fleet Maintenance Division's annual Equipment Replacement Program is included in the City's annual budget and identifies vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. Additionally, the Fleet Division reviews the acquisition in accordance with the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid vehicles are available in the midsize passenger vehicle category. The current year's vehicle replacement list includes four Dodge Intrepids, one Ford, and four Chevrolet Police sedans, model years 1987 through 1997, utilized by the Police Department's Investigation Division. Due to age, mileage and condition, the nine midsize passenger vehicles have been approved for replacement in the current fiscal year. The Police Department was provided three hybrid vehicles for evaluation and determined the passenger space and acceleration is not suitable for prisoner transport and security. Therefore, the Police Department recommends the purchase of Chevrolet Impala midsize passenger vehicles. 221-1 Contract Award for Midsize Passenger Vehicles August 21, 2006 Page 2 The notice inviting bids was advertised on July 19 and 21, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 13 Invitations For Bid mailed 1 Invitation for Bid mailed to Santa Ana vendor 7 Bids received Bids were received, opened on August 1, 2006, and evaluated (Exhibit 1). The bid received from Fairview Ford Sales, Inc. did not meet the minimum engine capacity and vehicle dimension requirements and was therefore considered nonresponsive. The bid from Bob Stall Chevrolet is responsive to the specifications and meets the City's requirements. Bob Stall Chevrolet provides for the purchase of miscellaneous vehicle parts as required. The purchase of the passenger vehicles, when combined with previous purchases by Fleet Services during the current fiscal year, exceeds the $10,000 aggregate limit. In order to facilitate future purchases, staff recommends an increase to the aggregate amount. FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (account no. 76-145-6641) for $181,480.09; and Equipment Maintenance Garage Operation Operating Material & Supplies account (account no. 75-111-6391) in the amount of $10,000. t~cc~~ ~ A~~ ~~~ti Francisco Gutierrez Executive Director Finance and Management Services Agency~~ .~' FG/KM/06-115.2:uc 221-2 ABSTRACT OF BIDS CONTRACT AWARD FOR MIDSIZE PASSENGER VEHICLES (SPEC. 06-115) VENDOR BOB STALL QUALITY RANCHO MOTOR LAKE MAURICE GEORGE CHEVROLET CHEVROLET CO. INC. CHEVROLET J. SOPP & SON CHEVROLET LOCATION LA MESA ESCONDIDO VICTORVILLE LAKE ELSINORE HUNTINGTON BELLFLOWER PARK TERMS NET 30 NET 30 NET 30 NET 30 NET 30 NET 30 9 VEHICLES $ 168,427.00 $ 169,065.00 $ 169,444.80 $169,587.00 $ 170,757.00 $ 181,153.80 SALES TAX $ 13,053.09 $ 13,102.47 $ 13,131.99 $ 13,143.00 $ 13,233.67 $ 14,039.41 TIRE FEE INCL $ 78.75 $ 78.75 $ 78.75 INCL $ 78.75 TOTAL $ 181,480.09 $ 182,246.22 $ 182,655.54 $182,808.75 $ 183,990.67 $ 195,271.96 DELIVERY 60-90 DAYS 100 DAYS 60 TO 75 DAYS 90 DAYS 60 TO 90 DAYS 60-120 DAYS VEHICLE CHEVY 2007 CHEVY 2007 CHEVY 2007 CHEVY 2007 CHEVY 2007 CHEVY 2007 IMPALA IMPALA IMPALA IMPALA IMPALA IMPALA 1WC19 1WC19 1WC19 3LT SUMMARY OF BID AWARD BOB STALL CHEVROLET TOTAL AWARD IN THE AMOUNT OF: $ 181,480.09 Bid from Fairview Ford Sales, Inc. is considered nonresponsive. Exhibit 1. 221-3 221-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: CONTRACT AWARD FOR DUMP TRUCK BED REPLACEMENT (SPEC. NO. 06-116) (~~~ ~~~- ~. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to ML Truck Body & Equipment Corp. for the bed replacement on a dump truck in the amount not to exceed $18,517.92; and increase the aggregate limit for miscellaneous parts and repairs in an amount not to exceed $15,000 annually. DISCUSSION The Fleet Maintenance Division's annual Equipment Replacement Program is included in the City's annual budget and identifies vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. Due to age and condition, a dump truck has been approved for replacement in the current fiscal year. The Public Works Agency's Water Maintenance Division maintains over 450 miles of sewer main. Cement is used to reseal work areas when repairs are completed. The cement is mixed in the bed of a 1992 International Harvester heavy dump truck. As a result, water has rusted through the dump truck bed. Fleet Maintenance has determined that the truck has a well operating engine with low mileage and therefore it would be more cost effective to replace only the dump truck bed in the current fiscal year. The notice inviting bids was advertised on July 19 and 21, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 3 Invitations For Bid mailed 1 Bid received Bids were received, opened on August 1, 2006. The bid received from ML Truck Body & Equipment Corp. is responsive to the specifications and meets the City's requirements. 22J-1 Contract Award for Dump Truck Bed Replacement August.21, 2006 Page 2 ML Truck Body & Equipment Corp. provides truck body parts and repairs as required. The purchase of the dump truck bed, when combined with the previous purchases by Fleet Services during the current fiscal year, exceeds the $10,000 aggregate limit. In order to facilitate future purchases, staff recommends an increase to the aggregate amount. FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (account no. 76-145-6641) for $18,517.92; and Equipment Maintenance Garage Operation Operating Material & Supplies account (account no. 75-111- 6391) in the amount of $5,000. Francisco Gutierrez Executive Director Finance and Management Services Agency' i FG/KM/06-116.2:uc 22J-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: CONTRACTS AWARD FOR VEHICLE PARTS AND SERVICE (SPEC. NO. 06-118) 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 Award contracts for vehicle parts and repairs for a one-year period, with provision for two, one-year renewals in the annual aggregate amount not to exceed $200,000 with the following vendors: Vendor: Power Power Villa Chevrolet Irvine Ford Tustin Ford Inc. DISCUSSION Location: Irvine Tustin Orange The Finance and Management Services Agency's Fleet Maintenance Division is responsible for the maintenance and repair of over 800 City vehicles. General Motors and Ford automotive and truck parts are required for the preventive maintenance program for City-owned vehicles. Fleet Maintenance maintains an Original Equipment Manufacturer (OEM) parts inventory. Nonstock repair parts purchased on an as-needed basis. Parts that are purchased for Chevrolet and Ford vehicles include such items as starters, alternators, antennas, mirrors, door handles and locks, fan kits, hazard signal light knobs, and ignition locks. In addition, vehicles are sent out to Chevrolet and Ford certified dealer shops for repairs to maintain the warranty coverage. 22K-1 Contracts Award for OEM Vehicle Parts & Service August 21, 2006 Page 2 The notice inviting bids was advertised on July 19 and 21, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 24 Invitations For Bid mailed 2 Invitations For Bid mailed to Santa Ana vendors 3 Bids received Bids were received, opened on August 3, 2006, and evaluated (Exhibit 1). The bids received from the recommended vendors are responsive to the specifications and meet the City's requirements. The award is to multiple vendors to allow full coverage of Chevrolet and Ford OEM vehicles parts and repairs. FISCAL IMPACT Funds are available in the Equipment Maintenance Garage Operation Operating Material & Supplies account (account no. 75-111-6391). (~S`Ai` \ n~ .1 ~ . Francisco Gutierrez Executive Director Finance and Management Services Agency ~ FG/KM/06-118.2:uc 22K-2 ABSTRACT OF BIDS CONTRACT AWARD FOR OEM VEHICLE PARTS AND SERVICE (SPEC. 06-118) VENDOR POWER CHEVROLET IRVINE LOCATION IRVINE TERMS NET 30 SHOP LABOR RATE: RATE PER HOUR $ 84.88 BILLED IN INCREMENTS OF.... 1 HR PARTS• DEALER COST + % MARKUP 15% MILES FROM CORPORATE YARD ( 14 MILES POWER FORD VILLA FORD TUSTIN TUSTIN ORANGE NET 30 NET 30 $ 68.00 $ 79.00 HOURS HRLY FLAT RATE l00 200 4.7 MILES 4 MILES SUMMARY OF BID AWARD TOTAL AWARD IN THE AMOUNT OF: ALL VENDORS $200,000 AGGREGATE TOTAL Exhibit 1. 22K-3 22K-4 REQUEST FOR ~~~ COUNCIL ACTION ~a- CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: CONTRACT AWARD FOR CLASS I TREE PRUNING AT THE SANTA ANA ZOO AT PRENTICE PARK (SPEC. NO. 06-106) (~~ CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to ProCare Tree Service, Inc. for Class I fine pruning of trees at the Santa Ana Zoo at Prentice Park in the amount of $13,951. DISCUSSION The Parks, Recreation and Community Services Agency is pruning the trees located at the Santa Ana Zoo at Prentice Park. Pruning the trees restores their visual appearance, removes any safety hazards and is part of a normal maintenance program designed to keep the trees healthy. An International Society of Arboriculture Certified Arborist will supervise the Class I fine pruning of the City trees. The notice inviting bids was advertised on July 7 and 10, 2006, and bids were solicited. A summary of the bid invitations and bids received is as follows: 17 Invitations For Bid mailed 5 Invitations For Bid mailed to Santa Ana vendors 4 Bids received 1 Bid received from a Santa Ana vendor Bids were received, opened on August 2, 2006, and evaluated (Exhibit 1). The bid received from ProCare Tree Service, Inc. is responsive to the specification and meets the City's requirements. The variance in price between the bid from Valley Crest, a Santa Ana vendor, and the others is due almost entirely to higher quoted disposal fees. Staff contacted Valley Crest and they stand by their bid. 22L-1 Contract Award for Tree Pruning August 21, 2006 Page 2 FISCAL IMPACT Funds are available in the Recreation & Community Services Santa Ana Zoo Other Contractual Services account (account no. 11-247-6291). APPROVED AS TO FUNDS AND ACCOUNT: -k~ Gerardo Mouet Francisco Gutierrez Executive Director Executive Director Parks, Rec. & Comm. Svcs. Agency Finance & Mgmt. Services Agency>~ GM/WO/06-106.8 :uc ~(`+~ 22L-2 ABSTRACT OF BIDS CONTRACT AWARD FOR TREE PRUNING AT THE SANTA ANA ZOO AT PRENTICE PARK (SPEC. NO. 06-106) Location Terms Price: Sales Tax @ 7.75%: Total: 1% Local Vendor Preference ProCare Tree Service, Inc. Signal Hill Net 30 $13,951.00 Included $13,951.00 N/A Petersen's Tree Works, Inc. Orange Net 30 $14,970.00 Included $14,970.00 N/A EXHIBIT 1 Treesmith Enterprises, Inc. Anaheim Net 30 $16,895.00 Included $16,895.00 N/A ValleyCrest Landscape Maintenance Santa Ana Net 30 $63,530.00 Included $63,530.00 ($ 635.30) ~ 22L-3 22L-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: CONTRACT AWARD FOR PINS STRSST SANITARY SEWSR AND WATER MAIN IMPROVEMENTS (PROJECT 05-3509) ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For_ ~~ CONTINUED TO FILE NUMBER CITY MANAGER `"~ RECOMMENDED ACTION 1. Award a contract to Simich Construction Company, Inc., the lowest responsible bidder, in accordance with unit bid prices and add-on alternate one in the estimated amount of $740,395 for construction of Pine Street Sanitary Sewer and Water Main Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $921,500. The existing sewer and water mains on Pine Street from Halladay to Minnie Streets and on Standard Avenue from Pine to First Streets were built in the 1920's (Exhibit 1). These mains have exceeded their expected life and are deteriorated and undersized. This project will replace sewer mains, manholes, laterals and sewer cleanouts. Once completed, the sewer improvements will increase the capacity of the sewer system as well as eliminate the maintenance problems associated with older and deteriorated sewer mains. Also, the new water mains will eliminate water main breaks and leaks and enhance water service capacity and fire protection to the surrounding neighborhood. The Notice Inviting Bids was advertised on June 6 and 19, 2006 and bids were opened on July 20, 2006. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 3 Contractors requesting bidding documents: 24 Bids received: 4 Bids received from Santa Ana Contractors: 1 CLERK OF COUNCIL USE ONLY: APPROVED 23A-1 Pine Street Sanitary Sewer and Water Main Improvements August 21, 2006 Page 2 NAME OF BIDDER CITY BID AMOUNT 1. Simich Construction Company, Walnut $740,395.00 Inc. 2. Zondiros Co oration Torrance rP $824,898.00 3. Mike Prlich & Sons, Inc. So. E1 Monte $911,192.60 4. Highland Engineering of CA, Inc. Santa Ana $973,367.87 A total of four bids were received and all were responsive. The lowest bid was submitted by Simich Construction Company, Inc., for $740,395, which is below the Engineer's estimate of $841,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption ER no. 2005-39 has been filed. F23CAL IMPACT The funding analysis shows a total estimated construction cost of $921,500 for the project (Exhibit 2) Funds are available in the Sanitary Sewer Service Fund (account no. 55-532-6631) and the Water Utility Capital Projects Fund (account no. 66-579-6635). APPROVED AS TO FUNDS AND ACCOUNTS: James G. oss Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency K:\COnstruction\RFCA-draft\05-3509 08-21-06 110 47D 23A-2 ~~ SPNiIPGO `_4 - _ ~ ,~.em WESiNIN$TEftz u EVENTEENTN ~~ a p - ~~~ ~~ ~~ ~ ~ ~ ~__.J~ n^~~~DDoo clwc cENTEa ~ ore. u ~ ~~ O ~~pOO I r ~ NA Do oea~~~~ ~ i -~- ~__ ~ 0 SANTA D o 00 0 ooao _~~_ ~ FIFST ~__~~ ~ C~~~~~o00ooi~~ ~~. ~~ ~ ~~~ 0~ ~A McFADDEN i ~ ~ J 00~ ~ ' 1 r^ ~, Nc~aoDCN 1 r~r~ EDlrvcEre J , ~ ' ~~- ~ EUINGEre I W ,~ ~ i ~ ~I ,~ ~ ~~ ~~ P1N6 ST 0 f PROJECT LOCATION y cFMDSN N y' ~~~111 AV6 __ - PROJECT LOCATION NOT TO SCALE EXHIBIT 1 SANTA ANA ~ City Council Title PROJECT 05-3509 P~~ W A ~ Agenda Date PINE STREET WATER AND `~/ August 27, 2006 SEWER MAIN IMPROVEMENTS vu¢K Nnxs escrcr NTS FUNDING ANALYSIS PROJECT OS-3509 PINE STREET SANITARY SEWER AND WATER MAIN IMPROVEMENTS Construction Contract $ 740,395 Contract Administration 32,900 Inspection and Testing 50,635 Survey Staking 27,530 Contingencies 70,040 TOTAL ESTIMATED CONSTRUCTION COSTS X5921 Exhibit 2 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: CONTRACT CHANGE ORDER NO. 1 PROJECT 06-3511 - CIVIC CENTER DRIVE SANITARY SEWER IMPROVEMENTS ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO I~ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED FILE NUMBER Approve Change Order No. 1 to the Civic Center Sanitary Sewer Improvements Project to construct a sewer main along Lowell Street north of Civic Center Drive for an estimated cost of $130,750. DISCUSSION Change Order Number: 1 Project Description: Civic Center Drive Sanitary Sewer Improvements Contractor: Dominguez General Engineering Contractor P.O. Box 6234 Rosemead, CA 91770 Original Contract Cost: $775,625 Amount of this Change Order: Previously approved Change Order: Total Change Orders: $130,750 16.9$ -0- -0- $130,750 16.9 23B-1 Change Order No. 1 Project No. 06-3511 August 21, 2006 Page 2 On April 3, 2006, the City awarded a contract for the Civic Center Drive Sanitary Sewer Improvements to Dominguez General Engineering Contractor (DGEC) for the estimated amount of $775,625 plus a ten percent contingency totaling $853,187. The project provides for installation of sewer mains, laterals, manholes, and cleanouts along Civic Center Drive between Bristol and Flower Streets. On July 3, 2006, the City awarded a contract to All American Asphalt (AAA) for Civic Center Drive Rehabilitation and Lowell Sewer Main Improvements. Staff found out later that DGEC could do the Lowell sewer main improvements at a lower cost. As a result, staff recommends issuing a change order to DGEC, after the work is deleted from AAA contract, to perform the sewer main improvements in Lowell Street. This change order will save the City over $70,000. Since this change order exceeds the project contingency, the Council's approval is required to cover this extra cost and preserve the project's contingency for other unforeseen conditions. Estimated cost = $130,750 FISCAL IMPACT The cost for the change order is estimate at $130,750. Funds are available in the Sewer Connection Fund (account no. 55-532-6631). APPROVED AS TO FUNDS AND ACCOUNTS: James G.~Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency K: \COnstruction\RFCA\06-3511 2006-OB-21 CO1 23B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-02 FOR THE PROPERTY LOCATED AT 1310 SOUTH BIRCH STREET -.--- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2rd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Deborah J. Davidson for the structure located at 1310 South Birch Street. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Deborah J. Davidson for the structure located at 1310 South Birch Street at its August 3, 2006 meeting by a vote of 7:0 (Cook- Giles abstained and Bustamante absent). DISCUSSION After the public hearing on August 3, 2006, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A) Additionally, the agreement prevents inappropriate alterations. 25A-1 HPP Agreement No. 2006-02 August 21, 2006 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $39.51 to $393.02 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: /~--- Jay Trevino Exe tive Director Planning & Building Agency Q.~a ~-` •~ Francisco Gutierrez Executive Director v"X Finance & Management Services Agency HS:rb hs\historic info\mills act agreements\hppa06-02 1310 S Hirch.cc 25A-2 REQUEST FOR Historic Resources Commission Action wsrowc RESOURCES ~ caTE: AUGUST 3, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-02 FOR THE PROPERTY LOCATED AT 1310 SOUTH BIRCH STREET Prepared by Hally Soboleske HISTORIC RESOURCES CON~IAISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Executive Director Planning anager RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Deborah J. Davidson for the structure located at 1310 South Birch Street. DISCUSSION Request of Applicant The applicant, Deborah J. Davidson, requests the approval of Historic Property Preservation Agreement No. 2006-02 (Mills Act) between the applicant and the City of Santa Ana. Property Description The subject property includes a single story residence and a detached two-car garage located at 1310 South Birch Street, and is within the Wilshire Square neighborhood (Exhibit 1) 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 to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25A-3 HPPA No. 2006-02 August 3, 2006 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in October 2003 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Craftsman 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. A Notice of Exemption will be filed for this project. Hally S oleske Sergi Kl t .AICP Associate Planner Seni Pl e~ HS:jm hs\historic info\mills act agreements\hppa06-02 1310 S Birch.hrc 2 5A-4 1222 ~ 1221 1226 Z 1227 l230 ~ 1231 123 ~ X1233 1222 ~ 1221 122 12~ _ --- uaa ~ f217 1218 1221 1222 h & !u! 1222 a C m i225 lllg III9 1230 1233 l232 ~~ 1210 121,1 • l2~2 12~ l302 1.106 4 an aio W 1~ _ 40 2 y 4 1.1(1 !3r$ 1318 ~ ~ = ; 132< t .1 m < 1326 h 1.1,)2 1335 1336 1339 1'~ 13<2 13x5 13~ 500' RADIUS HPPA-2006-02 Deborah Davidson 1310 South Birch Street PLAN N I NG AND BUILDING AGENCY ~~jBl~1 W ILSF{IRE AV EXECUTIVE SUMMARY MASYN HQUSE 1310 South Birch Street Santa Ana, CA 92707 NAME Masin House REfi. NO. ADDRESS 1310 South Birch Street CITY Santa Ana ZIP 92707 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT NIA NEIGHBORHOOD Wilshire Square NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REfISTER STATUS CODE SS 1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: $ungalow/Craftsman Closely related rA the English Arts and Crafts Movement, American Craftsman architecture was popularized by 71se Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerlattd as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. Anew appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential styk, Craftsman architecture can be identified by low pitched gable and hipped •oofs with expasod rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of tone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMM~IiRY/CONCLUSION: The Masin House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the "distinguishing characteristics of an architectural style or period." Additionally, the house has been categorized as "Contributive' because it "contributes to the overall character anei history" of Wilshire Square and "is a good example of period architecture" as an illustration of the 1920s Craftsman style (Municipal Code Section 30-2.2)." :::Ayt[ti:...• ~~ '~ ~str.. 'u~~~;e~triltM ~g~ EValuatson: (From Appendix 7• of Instructions for Recording Historical Reso~u~ses, 0~: •.: C: that dmbod~+ the.distinctiy~ characteristics of atype, period. ~ gtethod of construction.. or tlia~..; , ..,3~. woflt of a.intt;Iti~, ciri.tl~poasess,liigfi ar;nstic valij~, or t}fat represent.a sigttifieatu anij d' .. '. t . . whose components~may lack individual distin~t:on. - ';=1»~•:-~4::: ~..~ rational Registerr Stags Code:.(From Appendix 2. of Instructions for Rooording H~storicsl Resources, Offiix of _...: ` : ` Fr"esr~vatxon) 351 Is.separately listed or.designated under an existir~ local ordinance, or is eligible for. such listing oi.~si~tion. 5 State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary #. HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Date rage ~ or 4 rtesource name(s) or numper (assigned by recorder) Masin House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Ouad TCA 1667 Date: *c. Address 1310 South Birch Street City Santa Ana Zip 92707 *e. Other Locational Data: Assessor's Parcel Number N TR 352 BLK 15 LOT 3 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This well-maintained Craftsman bungalow is one of the few examples of the style in the Wilshire Square neighborhood. If is one story, topped by across-gabled roof, and sheathed in narrow clapboard siding. Beams and rafter tails are visible in the overhanging eaves. A front gabled porch occupies the north half of the fagade. Art stone pedestals and tapered posts support the porch gable, and a metal weather vane crowns the apex. A large, tripartite window is centered on the south half of the facade. Window surrounds feature slightly extended headers. On the south elevation, an attached brick chimney rises above the roof. The garage, located in the rear of the lot on the south, is similar in style and materials and has been embellished with a mural, painted by the current (2003) owner, artist Deborah Davidson. Edged by a white picket fence, the property is substantially unaltered. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) East elevation September 2003 *P6. Date Constructed/Ageend Sources: ^historic 1925/ Source: City of Santa Ana Building Permits *P7. Owner and Address: Deborah J. Davidson 1310 South Birch Street Santa Ana, CA 92707 *P8. Recorded by: Leslie J. Neumann SA1C 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: October 1, 2003 Intensive Survey *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *P10. Survey Type: *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 25~~7 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD rage ~ or 4 *NRHP Status Code 5S1 *Resource Name or #: Masin House B1. Historic Name: Masin House 62. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Bungalow/Craftsman *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1925. February 21, 1925. Residence and garage. September 5, 1929. Fireplace. June 6, 1939. Reroof. December 20, 1948. Addition to residence (16' x 18 ). November 30, 1989. Reroof with tear off (house and garage). January 24, 1990. Storage room (garage). *67. Moved? ^No Yes Unknown Date: Original Location: *B8. Related Features: Garage. 69a. Architect: Unknown b. Builder: George Styring (attributed) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1920-1954 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 Masin House is architecturally significant as one of the few Craftsman style homes in the Wilshire Square neighborhood. Although the Craftsman style continued to be popular into the early 1920s, most home builders in the area chose to use the revival styles that had become fashionable during that decade. This house and garage were constructed in 1925 at a cosf of $4,000.00. The owner, George Styring, was a building contractor, and probably made the improvements himself as an investment, since the house was immediately sold to Joseph and Muriel Masin. Mr. Masin was a pharmacist at the Santa Ana Drug Company. From 1931, only Mrs. Masin appears in the city directories as the occupant; she continued fo reside at this address until at least.1948, according to the building permit records. (See Continuation Sheef 3 of 4.) 611. Additional Resource Attributes: (List attributes and codes) *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps Sketch Map Masin House 1310 South Birch Street (See Continuation Sheet 4 of 4.) 613. Remarks: *614. Evaluator: Leslie J. Heumann *Date of Evaluation: October 1, 2003 (This space reserved for official comments.) iYLSFi~RE na ss• +oa~ TR T 14 A f ~~nto r ~`:1~ R 15 ~ , r7 L +~• ~ ~ 16 O T„ 4 17 R DPR 5238 (1195) 2 5~ 58 *Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS. AND RECREATION HRI # CONTINUATION SHEET Trinomial rage 3 or 4 Resource Name or ~ (ASSlgned by recorder) Masin House 'Recorded by Leslie J. Heumann, SAIC *Date October 1, 2003 ~ 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 initially 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 Masin House is located in Wilshire Square, a neighborhood located south of the city center and bounded by West McFadden Avenue on the north, West EdingerAvenue on the south, South Main Street on the east, and South Flower Street on the west. This area remained agricultural in use info the early twentieth century, the landscape dotted with walnut and orange groves. The 1912 plat map of Santa Ana showed South Main Sfreef and Fairview Avenue (now McFadden Avenue) as the only streets in the area, with the majority of the property held by a few landowners: N. Palmer, H. K. Hanson, O Brien, and Lewis. Development of Wilshire Square began circa 1923, when newspaper advertisements for newly subdivided lots costing between $635.00 and $1,875.00 boasted `eve foot sidewalks, curbs, electricity, gas, sewer, city water and ornamental trees" (Santa Ana Register. April 12, 1923). By 1923, all of Flower, Garnsey, Van Ness, Ross, and Borchard and portions of the remaining streets had been laid out. Lathrop Junior High School, designed by architect Frederick Eley in 1921 (demolished circa 1970), was constructed on the southwest corner of Fairview and Main and became an anchor of the neighborhood. In 1925, over 65 homes had been built in Wilshire Square, according to a count of addresses listed in the city directories. A 1927 map indicated that the area was zoned for single-family residences, except the east side of Sycamore, which was set aside for `courts and apartments,"apparently as a buffer for the `neighborhood business" zone on South Main Street. By 1930, maps of the City showed that, with the exception of a gap between Borchard and Edinger Avenues on Birch, Broadway, and Sycamore, all the streets in Wilshire Square were in place. Mapped by the Sanborn Company between 1931 and 1940, the neighborhood was substantially developed prior to the beginning of World War ll. Built in three phases, Wilshire Square primarily showcases the revival architectural styles popular during the first phase, circa 1923 to 1931, when 326 homes were built: variations of the Tudor Revival, the Spanish Colonial Revival, and the Colonial Revival. A handful of Craftsman bungalows completed the picture. A second phase, from 1935 to 1942, marked the recovery from the Great Depression and the war preparation years, and resulted in another 171 homes. The post World War ll building boom added 91 homes, many in the newly popular California Ranch style. Enhanced by the canopies of mature trees that line many of the streets, Wilshire Square developed as a middle class neighborhood of white and blue collar workers. Homes were both owner and speculator built, and, regardless of style, are unified by their one-story height, scale, common setbacks, and the placement of detached garages in the rear of each property. Retaining these qualifies today (2003), the neighborhood was recognized for excellence in urban design by the Orange County Chapter of the American Institute of Architects in 1997. The Masin House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the `distinguishing characteristics of an architectural style or period." The Craftsman style, although simplified during the 1920s, still exhibited the horizontal lines, low pitched gable roofs, and capacious front porches that had characterized bungalows during the previous two decades, and all of these features can be observed on the Masin House. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Wilshire Square and `9s a good example of period architecture" as an illustration of the 1920s Craftsman style. Character defining exterior features of the Masin House that should be preserved include, but may not be Limited to: materials and trnishes (wood, clapboard, brick, art stone); roof configuration and treatment massing and composition; original doors and windows; porch; chimney,' and architectural detailing (porch supports, rafter tails, window surrounds, etc.). DPR 523E 25~ 59 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial rayG w v. ~+ riesource rvame or ~ tASSignea by recortler) Masin House. *Recorded by Leslie J. Heumann, SAIC *Date October 1, 2003 D Continuation ^ Update "B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of fhe Interior, 1991. Oflrce of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Historic maps in the collection of the History Room of the Santa Ana Public Library. Sanfa Ana and Orange County Direcfories, 1905-1931. Santa Ana Register. April 12, 1923. "Vintage Santa Ana Right On Track." The Register. January 13, 1990. `Neighbors Gear Up For Big Project." Los Angeles Times. August 6, 1992. `Neighborliness Lives On Wilshire Square's Streets." Los Angeles Times. October 5, 1996. "Wilshire Square-A Profile in Pride of Ownership." Citv Line. July/August 2001. Wilshire Square Neighborhood Association, Home Tour Brochures, 1989-1994. www. wilshiresauare.cnm www. geocities.com/Heartland/3383/aia. htm DPR 523E ~ C /~ 5 ~ 0 MILLS ACT AGREEMENT 1310 South Birch Street Santa Ana, CA 92707 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 August 21, 2006 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 Deborah J. Davidson, (hereinafter referred to as "Owner"), owner of real property located at 1310 South Birch Street, Santa Ana, California, 92707 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 1310 South Birch Street, Santa Ana, CA 92707 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- ~~~1 MILLS ACT AGREEMENT 1310 South Birch Street Santa Ana, CA 92707 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 August 21, 2006, and shall remain in effect for a term often (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25A-12 MILLS ACT AGREEMENT 1310 South Birch Street Santa Ana, CA 92707 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- 25A-13 MILLS ACT AGREEMENT 1310 South Birch Street Santa Ana, CA 92707 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %Z) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as 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- 25A-14 MILLS ACT AGREEMENT 1310 South Birch Street Santa Ana, CA 92707 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 1310 South Birch Street, Assessor Parcel Number, 013-131-16, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Deborah J. Davidson 1310 South Birch Street Santa Ana, CA 92707 -5- 25A-15 MILLS ACT AGREEMENT 1310 South Birch Street Santa Ana, CA 92707 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25A-16 MILLS ACT AGREEMENT 1310 South Birch Street Santa Ana, CA 92707 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: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney Deborah J. Davidson -7- 25A-17 MILLS ACT AGREEMENT 1310 South Birch Street Santa Ana, CA 92707 Exhibit A North Tract 352, Block, 15 Lot 3 Assessor Parcel No. 013-161-16 -g- 25A-18 MILLS ACT AGREEMENT 1310 South Birch Street Santa Ana, CA 92707 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25A-19 MILLS ACT AGREEMENT 1310 South Birch Street Santa Ana, CA 92707 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 - 25A-20 MILLS ACT AGREEMENT 1310 South Birch Street Santa Ana, CA 92707 Exhibit C (photographs attached) -~1- 25A-21 MILLS ACT AGREEMENT 1310 South Birch Street Santa Ana, CA 92707 -12- 25A-22 a z 0 a 0 0 0 a W W H V m I- O r M r L /~-+ /1 ML_ W 0 Q O~ O O O lL') o ^ 1 ^ 1 O • I •-•-•-•-•-•-~-•-•-I O 0 ~_ Z 25A-23 25A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-03 FOR THE PROPERTY LOCATED AT 1106 NORTH SPURGEON STREET CITY MANAGER 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 RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Paul D. Giles for the structure located at 1106 North Spurgeon Street. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Paul D. Giles for the structure located at 1106 North Spurgeon Street at its August 3, 2006 meeting by a vote of 7:0 (Cook- Giles abstained and Bustamante absent). DISCUSSION After the public hearing on August 3, 2006, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A) Additionally, the agreement prevents inappropriate alterations. 25B-1 HPP Agreement No. 2006-03 August 21, 2006 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $74.75 to $373.74 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: `-'" \. Ja Trevino Executive Director Planning & Building Agency Francisco Gutierrez ~ Executive Director Finance & Management Services Agency HS:rb ha\hiatoric info\milla act agreements\hppa06-03_1106_N_Spurgeon.cc 25B-2 REQUEST FOR Historic Resoun~es Commission Action HsroRic RESOURC~s ooMMSSiow n~ SATE: AUGUST 3, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-03 FOR THE PROPERTY LOCATED AT 1106 NORTH SPURGEON STREET HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske Executive Director Planning Mana r RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Paul D. Giles for the structure located at 1106 North Spurgeon Street. DISCUSSION Request of Applicant The applicant, Paul D. Giles, requests the approval of Historic Property Preservation Agreement No. 2006-03 (Mills Act) between the applicant and the City of Santa Ana. Property Description The subject property includes a single story residence and a detached two-car garage located at 1106 North Spurgeon Street, and is within the French Park National Register District (Exhibit 1). Surrounding land uses are residential with a parking lot to the immediate south. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXj~I~~A3 HPPA No. 2006-03 August 3, 2006 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 December 2001 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 American Foursquare 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. A Notice of Exemption will be filed for this project. Rally S oleske Associate Planner HS j m hs\historic info\mills act agreements\hppa06-03_1106_N_Spurgeon.hrc 25B-4 ALLEY 1N1 ._. i i r' ~ fq ~ ~.. _~ Q ;:x r 500' RADIUS HPPA-2006-03 Paul D. Giles 1106 North Spurgeon Street PLAN N I NG AND BUILDING AGENCY ~7~ i~1 EXECUTIVE SUMMARY CLAYCOMB HOUSE 1106 North Spurgeon Street Santa Ana, CA 92701 NAME Claycomb House REF. NO. 22 ADDRESS 1106 North Spurgeon Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1907 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE ID Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Prairie School, Colonial Revival The Prairie School refers to a group of architects centered in Chicago at the beginning of the twentieth century. Primary amongst them was Frank Lloyd Wright, under whom Prairie School designs reached their apex. Echoing the uninterrupted horizontal lines of the American prairie, Prairie style homes-it was largely a domestic movement-are usually characterized by broadly pitched hipped roofs with deep overhangs; two stories in height, often with one-story wings; front porches with massive porch roof supports; and detailing which emphasizes the horizontal. A common, vernacular interpretation of the type, sometimes referred to as the Prairie Box or the American Foursquare, is box-like in massing and plan, with hipped or gabled dormers, porches across all or a portion of the facade, and detailing culled from the vocabularies of a variety of styles, including Mission Revival, Colonial Revival, and Craftsman. The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). SUMMARY/CONCLUSION: The Claycomb House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. Included in the Santa Ana Register of Historical Property, the Claycomb House has been categorized as "Key" because it "has a distinctive architectural style and quality" as an intact example of the American Foursquare style that was characteristic of the period around the turn of the twentieth century in Santa Ana (Municipal Code, Section 30-2.2). EXHIBIT 2 25~b6 EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From. Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. 2 ~®3~ 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 Nage i or ~ Resource name(s) or number (assigned by recorder) Claycomb House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Gluad TCA 1725 Date: *c. Address 1106 North Spurgeon Street City Santa Ana Zip 92701 *e. Other Locational Data: 398-025-06 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This two-story home is an example of the American Foursquare variant of the Prairie Style. A hipped roof caps the structure, with a front gable positioned over the north side of the fagade. Decoratively sawn corbels and brackets are visible in the eaves. Narrow clapboard siding covers the building. Between the upper and lower stories, the siding flares outwards, with corbels and a belt course wrapping the building below. The front gable is sided with shingles and contains aone-light attic window. Centered below the gable, the upper story of the north bay of the fagade contains a single window with a curved sill resting on a corbel. Below it, a cant bay with a pent roof projects from the first floor. Offset to the south, the entry is elevated a few steps above ground level; a former porch south of it has been enclosed. The upper south bay features a double window adorned with an ornamented window box. A low concrete curb, bisected by the front path, edges the property at the sidewalk. Other than the porch enclosure, the appearance of the house retains substantial original integrity, although it was moved to this location in 1929. The house 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 P5b. Photo: (view and date) East elevation July 2001 *P6. Date Constructed/Ageand Sources: ^historic 1907/Source: National Register nomination *P7. Owner and Address: *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: December 5, 2001 *P70. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") City of Santa Ana. Santa Ana's Historic Treasures. Les, Kathleen. Historic Resources Inventory French Park District, March 1980. Marsh, Diann. `French Park Historic District." National Register Nomination Form, February 1998. *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) Q *Required information 2~"SV State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page Z of 3 *NRHP Status Code 1D *Resource Name or #: Claycomb House 61. Historic Name: Claycomb House B2. Common Name: Same 63. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Prairie School, Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1907. November 25, 1929. Relocate. February 3, 1930. Private garage. April 18, 1933. Rebuild chimneys. February 21, 1938. Reroof. February 25, 1938. Sleeping rooms, addition to residence. February 4, 1947. Reroof. July 7, 1998. Demo of interior partition walls. December 4, 1998. New 2-car detached garage. March 19, 1999. Replace drywall as needed. April 26, 1999. Bolt joists together. March 19, 2001. Clad existing concrete stairs with historically appropriate siding. *B7. Moved? ~No ^Yes DUnknown Date: 1929 Original Location: Seventeenth Street *Bi3. Related Features: Mature evergreen tree in front yard; pecan and camphor trees in rear yard. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 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 Claycomb House is significant as a contributor to the French Park Historic District and is architecturally distinctive as a remarkably intact and characteristic example of the American Foursquare genre, a popular building type in the years immediately preceding and following the turn of the twentieth century. It was built in 1906 on Seventeenth Street and moved to this location in 1929 by William White, the owner of this lot and the adjacent house (1102 North Spurgeon Street, now demolished). Mrs. Mary Claycomb, widow of a local physician, was the first occupant following the relocation. Around 1963 Mrs. Rokkum converted the building into a boarding house, which operated until 1989, when fhe property was purchased by the City and boarded up. Paul Giles and Louise Pass restored the house, including the removal of texture coating and non- original shutters from the exterior, in 1999-2000. e FNENCN ~ 6, t STiPEET s 1 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. In 1877 Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacifrc Railroad from its then Terminus in Anaheim into (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *614. Evaluator: Leslie J. Heumann (This space reserved for official comments.) *Date of Evaluation: December 5, 2001 Sketch Map mss" : . ~~ O. ~ --- - I ; ., +w ___,_____ T _. _. __-__.~_~ ± S c R V O "' r ~_ ' _.r. _ '~ ~ Lr 0 ~ ~ _: V 0 ~ s _a ®~ ~ O i i Y z ~J ~ ~ - ~ '~J ~' '~J loJ wl'/ ~ ~Y1'V fp L/ i t:l ~ ~ ~ u' ~~ ~ .~ t svuccEO+v Claycomb House 1106 N. Spurgeon STREET ; h ~QOO~ a O ~, Oc.a .. + ; : ~t j ~ s11lrEr l DPR 5238 (1/95) ~ ~ R~Q 'Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial rage ~ or ~ Resource Name or # (Assigned by recorder) Claycomb House "Recorded by Leslie J. Heumann, SA1C *Date December 5, 2001 ~ Continuation ^ Update *B10. Significance (continued): Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of "Santa Ana East" never materialized. Early growth and development of the Town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single-family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a "Who's Who" of early Santa Ana and included bankers, attorneys, doctors, businessmen, ranchers, teachers, and others active in the civic and social life of the city. Once known as the `Nob Hill" of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Claycomb House contributes to the French Park Historic District through its architectural style and type, which are representative of the district during its period of growth and significance (established by the National Register nomination as 1877-1945). It is one of a handful of properties which were moved into French Park from streets that were becoming more commercial in use during the historic period (several more homes were recently been moved into French Park in the last decades of the twentieth century). The Claycomb House is listed in the National Register of Historic Places as a contributor to the French Park Historic District, is therefore listed in the Califomia Register of Historical Resources, and is located within the boundaries of the locally designated historic district. It is also included in the Santa Ana Register of Historical Property and has been categorized as `Key." Rehabilitated in 1999-2000, the Claycomb House possesses substantial integrity from 1929, when the house was moved to the present site. It exhibits the box-like proportions, two-story massing, wood siding, and hipped roof that characterize the American Foursquare genre. All original and restored exterior features of the Claycomb House are considered to be character defining and should be preserved. These features include, but may not be limited to: materials and finishes (siding, shingling), roof configuration and detailing, bays, original windows and doors where extant, and architectural detailing such as brackets. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. DPR 523E 2~~10 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 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 August 21, 2006 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Paul D. Giles, (hereinafter referred to as "Owner"), owner of real property located at 1106 North Spurgeon Street, Santa Ana, California, 92701 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 1106 North Spurgeon Street, Santa Ana, CA 92701 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- ~i MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 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 August 21, 2006, and shall remain in effect for a term often (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- 256-12 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 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- 256-13 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 256-14 MILLS ACT AGREEMENT II06 North Spurgeon Street Santa Ana, CA 92701 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 1106 North Spurgeon Street, Assessor Parcel Number, 398-025-06, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Paul D. Giles 1106 North Spurgeon Street Santa Ana, CA 92701 -s- 25B-15 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 256-16 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 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: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager By: Paul D. Giles -7- 256-17 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 Exhibit A PARCEL A The North 50.00 feet of lots 5 and 7, and the North 50.00 feet of the west 11.40 feet of Lot 3, all of Smith and Bishop's Addition to Santa Ana, as shown on a map recorded in Book 13, Page 63 of Miscellaneous Records of Los Angeles County, California, and as shown on corrected map recorded in Book 1, Page 100 of Miscellaneous Maps, Records of Orange County, California. Excepting therefrom that portion described as follows: Beginning at the most northwesterly corner of said Lot 7; thence southerly along the westerly boundary line of said Lot 7 a distance of 50.00 feet to the true point of beginning; thence easterly along a line parallel to the northerly boundary line of said Lot 7 a distance of 18.30 feet' thence northerly along a line parallel to the westerly boundary line of said Lot 7 a distance of 8.70 feet; thence westerly along a line parallel to the northerly boundary of said Lot 7 a distance of 18.30 feet; thence southerly along the westerly boundary of said Lot 7 a distance of 8.70 feet to the true point of beginning. PARCEL B That portion of Lot 7 of Smith and Bishop's Addition to Santa Ana, as shown on a map recorded in Book 13, Page 63 of Miscellaneous Records of Los Angeles County, California, and as shown on corrected map recorded in Book 1, Page 100 of Miscellaneous Record Maps, Records of Orange County, California, described as follows: Beginning at the most northerly corner of said Lot 7; thence southerly along the westerly boundary line of said Lot 7 a distance of 50.00 feet to the true point of beginning; thence easterly along a line parallel to the northerly boundary line of said Lot 7 a distance of 18.30 feet; thence northerly along a line parallel to the westerly boundary line of said Lot 7 a distance of 8.70 feet; thence westerly along a line parallel to the northerly boundary of said Lot 7 a distance of 18.30 feet; thence southerly along the westerly boundary of said Lot 7 a distance of 8.70 feet to the true point of beginning. Assessor Parcel No. 398-025-06 -s- 25B-18 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 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 prof ect. 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- 256-19 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 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- 256-20 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 Exhibit C (photographs attached) -11- 256-21 MILLS ACT AGREEMENT 1106 North Spurgeon Street Santa Ana, CA 92701 -12- 256-22 a Q z O Q V O O O a W W z O W O Z r' r' L ~+-i v J 0 L /Q V .J+ L Z i i i ^ I o . O ~' ~ ^ O • I ^ O Z 25B-23 25B-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: AGREEMENT WITH WILLDAN FOR PLAN CHECK SERVICES ITY 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 Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Willdan for plan check services in an amount not to exceed $75,000. DISCUSSION With the upward trend in development in the City over the past few years, the Planning and Building Agency has experienced an increase in service demands. As a result, during the past two years, the City has contracted for a part-time plan checker to assist at the public counter in order to ensure prompt while-you-wait service continues to be available to customers. The most recent agreement for contracted plan check services expired on June 30, 2006. This recommended action would continue the contracted services of Willdan for a part-time plan checker on an as needed basis at a rate of $70 per hour. In addition to Willdan, Scott Fazekas & Associates, Inc. and Vandorpe Chou Associates, Inc. were also considered, having been contracted by the City in the past for plan check services. However, due to the current high demand for contracted plan check services, only Willdan can provide the required staffing at this time. 25C-1 Willdan Agreement August 21, 2006 Page 2 FISCAL IMPACT Funds in the amount of $75,000 are available in the Planning and Building Agency's account for other contractual services (account no. 11-508-6291). APPROVAL AS TO FUNDS AND ACCOUNTS: ay M. Trevino Francisco Gutierrez cutive Director Executive Director Planning and Building Agency Finance & Management Services Agency SB:rb sb\RFCA 's\06-07\Wildan Plan Check Aug 06 25C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: RENEW AGREEMENT FOR POLICE SERVICE DOG TRAINING AND EQUIPMENT REPLACEMENT SERVICES 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 Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Adlerhorst International, Inc. for specialized canine training and equipment replacement services for a one-year period in an amount not to exceed $41,450. DISCUSSION Adlerhorst International, Inc. has been the City's exclusive provider and trainer of police service dogs since 1982. Adlerhorst International, Inc. is a nationally recognized company known for its experience and expertise in the selection, testing, and training of police service dogs. The Police Department currently has five police service dogs that were purchased from and trained by Adlerhorst. Staff recommends the renewal of the agreement for consistency and efficiency in the operations of the canine unit. FISCAL IMPACT Funds are available in the Police Field Operations accounts (account no. 11-337-various). APPROVED AS TO FUNDS AND ACCOUNTS: "" 1.51 ~.-~ ~ ' --~ Paul M. Walters Francisco Gutierrez Chief of Police Executive Director t~ Police Department Finance & Mgmt. Services Agency 25D-1 25D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: RENEW AGREEMENT FOR SEXUAL ASSAULT EVIDENCE COLLECTION CI Y 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 Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to renew the agreement with Anaheim Memorial Medical Center for acute sexual assault exams and evidence collection services. DISCUSSION The Police Department uses the services of the Anaheim Memorial Medical Hospital to conduct sexual assault examinations and evidence collection for adult victims and suspects. The costs for services are $650 per victim exam, $100 per victim follow-up examination, and $150 per suspect examination. Results from these tests and evidence collection are necessary for the prosecution of criminal cases. Anaheim Memorial Medical Hospital is the only facility in the county performing rape and sexual assault examinations of adults for prosecution purposes. The Police Department has utilized their services for these purposes since 1995. FISCAL IMPACT Funds are available in the Crimes Against Persons, Other Contractual Services Account (account no. 011-341-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~J ~~ ~,~ Paul M. Walters Chief of Police Police Department ~~SSCl.S~ ` Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25E-1 25E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: AGREEI~NT RENEWAL FOR INMATE MEDICAL SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to renew the agreement with Correctional Managed Care Medical Corporation for a one-year period to provide on-site inmate medical care for the Santa Ana Jail in an amount not to exceed $1,110,518. DISCUSSION In October 2004, the City Council approved a one-year agreement with two one-year renewal options with Correctional Managed Care Medical Corporation {CMCMC) to provide on-site medical care for Santa Ana Jail inmates. The agreement provides on-site medical staff 24 hours a day, in addition to a doctor on call. CMCMC conducts daily sick calls, dispenses medication, as well as assists in the intake of incoming inmates to assess for entrance acceptability. Additional services such as dental care, radiology, ophthalmology, OB/Gyn, psychiatric crisis intervention and emergency medical billing services are also included. These medical services are required and governed by State law under the California Department of Corrections Title 15 requirements. CMCMC has performed satisfactorily during the previous term and staff recommends exercising the second year renewal option of the agreement. Their understanding of the jail operations and the contracting housing agencies has resulted in a high level of service. 25F-1 Agreement Renewal for Inmate Medical Services August 21, 2006 Page 2 FISCAL IMPACT Funds in the amount of $925,432 for the first ten months of the agreement are available in the Police Department, Jail Contractual Services account (account no. 011-349-6291). Funds in the amount of $185,086 for the last two months of the agreement will be included in the FY 07-08 budget. APPROVED AS TO FUNDS AND ACCOUNTS: ";; ..~ ~.. V~~_ L~ Paul M. Walters Chief of Police Police Department Francisco Gutierrez r~ Executive Director Y Finance & Mgmt. Services Agency 25F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: RENEW AGREEMENT FOR POLICE SAIL MANAGEMENT SYSTEM CITY MANAGER 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 RECOMMENDED ACTION Direct the City Attorney to prepare Clerk of the Council to renew the maintenance and repair of the Santa an amount not to exceed $45,000. and authorize the City Manager and the agreement with CompuDyne Inc. for the Ana Police Jail Management System in DISCUSSION On September 2, 2003, the City of Santa Ana entered into an agreement with Tiburon, Inc. to provide services and maintenance for the Jail Management System (JMS). In 2005, Tiburon changed its name to CompuDyne - Public Safety & Justice Inc. The JMS is utilized to book and track inmates at the Santa Ana Jail facility. The JMS software is proprietary and can only be serviced by CompuDyne. This renewal provides for continued software and hardware maintenance and support. FISCAL IMPACT Funds are available in the Police Department's Computer Services, Other Contractual Services account (account no. 011-338-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ` (,;~ t~ ~ ~ .. b~ "~.J ------. ~x~ Paul M. Walters Chief of Police Police Department Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25G-1 25G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: RENEW AGREEMENT FOR COMPUTER AIDED DISPATCH SYSTEM MAINTENANCE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to renew the agreement with Northrop Grumman Public Safety, Inc. to provide basic software maintenance and support for the Police Department's computer aided dispatch system in an annual amount not to exceed $75,000. DISCUSSION The Police Department entered into a one-year maintenance agreement with four one-year renewal options with Northrop Grumman Public Safety, Inc. (PSI) in September 2003 to provide maintenance services for computer software and equipment for the Computer Aided Dispatch (CAD) system. The CAD is the primary data communication tool for exchanging information between police dispatchers and patrol officers who provide emergency response to our community. The ability to continue to provide specialized maintenance on this system is critical to the overall effectiveness of police service. The PSI software is proprietary and can only be serviced by Northrop Grumman Public Safety, Inc. Police Department staff recommends the renewal of the agreement for continued maintenance, upgrades, and support for the CAD software. FISCAL IMPACT Funds are available in the Police Department's Computer Services, Other Contractual Services account (account no. Olt-338-6291). ~~ APPROVED AS TO FUNDS AND ACCOUNTS: ~._) ._.-~-c l~ ~ 1. _-___. Paul M. Walters Chief of Police Police Department Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25H-1 25H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: AGREEMENT WITH MBIA MUNISERVICES COMPANY FOR PROPERTYLINK SERVICES ~~ew~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1" Reading ^ Ordinance on 2°" Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with MBIA MuniServices Company (MMC) to provide consulting services related to the PropertyLINK Services for a three year period not to exceed $40,000. DISCUSSION MBIA MuniServices Company's PropertyLINK Services will provide finance department staff with up to date property tax analysis software through the Internet. The information would be valuable for revenue forecasting. The software allows staff access to geographic property tax information, a property tax data warehouse, geocoding, and development of ad-hoc and standard reporting. The agreement allows up to fiv fee of $9,500 that would be includes a one time set up fee option, pricing for training. e users at a time with a base maintenance adjusted annually. The agreement also of $2,500. It also includes at the City's FISCAL IMPACT Funds are available in the Finance and Management Services Agency's management and support services division. (account no. 011-170-6291) APPROVED AS TO FUNDS AND ACCOUNTS: ~~A 19G ~~.,~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 251-1 251-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: COOPERATIVE AGREEMENT WITH OF COSTA MESA FOR SUNFLOWER AVENUE REHABILITATION CLERK OF COUNCIL USE ONLY: APPROVED CITY ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager to execute a cooperative agreement with the City of Costae Mesa to rehabilitate Sunflower Avenue between Avenue of the Arts and Bear Street. DISCUSSION The City of Costa Mesa and the Segerstrom Company are planning a street improvement project in Costa Mesa's Theatre and Arts District for the opening of their new Segerstrom Hall in September 2006. Improvements include pavement rehabilitation of the streets surrounding the District. Sunflower Avenue is within the boundary of the proposed improvements. Costa Mesa has requested Santa Ana's participation in the cost of rehabilitation of Sunflower Avenue since a portion of the street lies within the limits of the City. The scope of work within Santa Ana includes a slurry seal application of the entire pavement, grind and overlay of some areas and restriping. The cost to the City of Santa Ana is for a maximum of $45,000. In order to reimburse the City of Costa Mesa, a cooperative agreement is needed between the two cities. The proposed improvements are expected to be completed in early September 2006. ENVIRONMENTAL IMPACT The City of Costa Mesa has obtained environmental clearance for this project. 25J-1 Cooperative Agreement between the Cities of Santa Ana and Costa Mesa August 21, 2006 Page 2 of 2 FISCAL IMPACT The estimated cost for the project that is located in the City of Santa Ana is $45,000. Funds for the proposed agreement are available in the Traffic Congestion Relief Fund (account no. 28-552-6631). mes G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~g~ Francisco Gutierrez ~~ xecutive Director Finance & Mgmt. Services Agency 25J-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: AGREEMENTS FOR ON-CALL DESIGN ENGINEERING SERVICES 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 COMMENDED Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute: • An agreement with DMJM Harris for design engineering services in the amount not to exceed $300,000. • An amendment to the agreement with Willdan for design engineering services for $200,000 for a total amount of $400,000. DISCUSSION Each year, the Public Works Agency solicits proposals for on-call engineering services to augment City staff to complete the design of Capital Improvement Program in a timely manner. Qualified firms were contacted and four firms submitted proposals. These proposals were reviewed by a committee comprised of personnel from City agencies. The ratings for the firms are as follows: FIRM RATING 1. DMJM Harris 88.5 2. URS 76.5 3. Norris-Repke 70.7 4. Psomas 68.5 25K-1 Agreements for On-Call Design Engineering Services August 21, 2006 Page 2 The fee rate schedules for the top two firms were compared. The rates are consistent, reasonable and in line with staff's estimate. Based on the experience of key personnel, client satisfaction and competitive rates, it is recommended that the firm of DMJM Harris be retained for the required services. In addition, staff recommends an amendment to the existing contract with the firm of Willdan to provide additional support to the Public Works Agency in completing the City's CIP projects. Because Willdan currently has an agreement with the City they were not asked to provide a new proposal. They have been providing excellent service to the City for the past two years. Their staff has been very responsive to the City's needs and their fees are comparable with the other firm that is being recommended. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT 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: ` ~. r~/1~L1 _ ~7ames G. Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25K-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: DEPOT ART WALL COOPERATIVE AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION (PROJECT 1821) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a cooperative agreement with State of California Department of Transportation (Caltrans) in the amount of $250,000 for the Santa Ana Depot Art Wall Project. 2. Approve an appropriation adjustment accepting Caltrans Division of Rail Minor Capital Funds for the Santa Ana Depot Art Wall Project in the amount of $250,000 into the Select Street Construction Fund (account no. 59-O1-5342-8) and appropriating funds to the Select Street Construction Fund (account no. 59-551-6631) for the Santa Ana Depot Art Wall Project. DISCUSSION In 1999, the City applied for and received Transportation Enhancement Activities (TEA) funding for the Art Wall Project at the Depot (Project 1821). This project involves the construction of a concrete block wall that will function as a backdrop on which art images can be displayed. The wall will be approximately 500 feet long by 10 feet high and will be constructed adjacent to the existing railroad tracks just east of the Depot railroad platforms. Due to coordination issues with Metrolink's Pedestrian Bridge Project and ongoing litigation with the original contractor for this project, Brandt Commercial Signs, the construction of the Art Wall has been delayed and construction costs have escalated. Caltrans Division of Rail has identified $250,000 in additional funding for the Art Wall Project. Staff is requesting the appropriation adjustment to recognize these funds for the project. Construction of this project will proceed with a new contractor once the litigation with the original contractor is resolved. 25L-1 Depot Art Wall Cooperative Agreement With California Department Of Transportation (Project 1821) August 21, 2006 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption ER no. 99-126 has been filed for this project. FISCAL IMPACT The funds will be recognized in the Select Street Construction Fund (account no. 59-01-5342-8) and appropriated to the Select Street Construction Fund (account no. 59-551-6631, project no. 1821). James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~,~ ~, ~-~~e Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25L-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 21, 2006 TITLE: PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT 06-1500) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements with: • Angel Hernandez and Herlinda Gramajo for the purchase of the single family residence located at 305 S. Bristol Street in the amount of $645,000; • J. Paul and Arlene Thomassen for the purchase of the single family residence located at 1255 Bishop Street in the amount of $565,000; • J. Paul and Arlene Thomassen for the purchase of the single family residence located at 1254 Camile Street in the amount of $565,000. DISCUSSION On March 6, 2006 the City Council approved the Cooperative Agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements between McFadden Avenue and Pine Street. Improvements include the widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities, as outlined in the Specific Plan. In order to accommodate the widening, the acquisition of entire properties, as listed above, are required (Exhibit 1). The purchase amounts are the appraised value prepared by an appraiser licensed in the State of California. 25M-1 Purchase Agreements For Bristol Street Corridor August 21, 2006 Page 2 of 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). APPROVED AS TO FUNDS AND ACCOUNTS: amen G. Ross Francisco Gutierrez r Executive Director Executive Director /~.( Public Works Agency Finance & Mgmt. Services Agency 25M-2 ~~ ~a~c ;~ F~QF~II` _.~ . ~ ~ -- _ ~ ~ 8 -~ _., 1 Legend 0 Subject Properties Acquired Properties ....._ ~~'_~_ s' ~_. t e~ N ! i.,. I i ...~ ~~ .; 3 35 __.__ e ; __L_ ~ 310 ,~_ ~ :_ f , M~~~.,,~~~ ~r.'~Tl~l 410 ~ r __ _.__f --- ~ 414 -------- _~_.. IrAYHTLF $TT~ET ~ -- ~ r _-- { ~~ 4't! ~T'. ~ ~~E ____ - - '~ __ ___~. two ~r'~IUE_. ~'~ i B~~F' i INIATC#ii~ ~ r SANTA ANA T2UB_ ~ CrTY Gc}t.9NC~L PURCHASE AGREEMENTS FOR F' 4~ AGENDA DA7F BRISTOL STREET CORRIDOR August 21, 2006 (PROJECT 06-1500) hLT.fl. 25M-3 25M-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: CONTRACT FOR CONSULTING SERVICES FOR WESLEY A. BOSCH ~~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Wesley A. Bosch, M.A., to provide counseling and assessment services for clients at the Santa Ana W/0/R/K Center for an amount not to exceed $70,000. DISCUSSION Wesley A. Bosch, a Family and Marriage Counselor, has been providing counseling services for clients at the Santa Ana W/0/R/K Center for the past six years. Mr. Bosch assists clients in resolving personal and/or family issues that may be interfering with their ability to seek employment or training. He also helps clients to clarify, identify and establish appropriate career goals and direction through counseling and through assessment. Staff recommends that the contract with Mr. Bosch be renewed until June 30, 2007, to continue to provide this service to W/0/R/K Center clients. 25N-1 Contract for Consulting Services for Wesley A. Bosch August 21, 2006 Page 2 FISCAL IMPACT Funds for this contract will be available in the One Stop program account (account no. 123-171-6291), the 15o Governor's Grant (account no. 123- 198-various), the 15o Wagner-Peyser Grant (account no. 123-199-various) the SSA WEX Grant (account no. 124-326-6939), the One Stop Adult 06-07 (account no. 123-173-6939) and the One Stop Dislocated Worker 06- 07(account no. 123-174-6939). APPROVED AS TO FUNDS AND ACCOUNTS: . ,l1' a St en G. ardingG. arding Deputy City Manager for Development Services ~cc~o Ldc Francisco Gutierrez ~,r Executive Director Finance & Management Services Agency SGH/Cd1R/mlr H:\ACTIONS\2006 CC\ContractWes Bosch 8-21-06.doc 25N-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: ENTER INTO AGREEMENTS FOR PROMOTIONS IN THE DOWNTOWN i 'Ci 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 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with La Calle Cuatro de Santa Ana Association in an amount not to exceed $84, 240 for promotions and marketing efforts in the Downtown. 2. Direct the City Attorney to prepa and Clerk of the Council to execu Santa Ana Business Council in an promotions and marketing efforts i re and authorize the City Manager to an agreement with the Downtown amount not to exceed $77,760 for n the Downtown. DISCUSSION On November 21, 2005, the City Council approved the 2005 Annual Report and the 2006 Budget for the Downtown Santa Ana Business Improvement District (BID). A portion of the approved budget included Downtown promotion and marketing activities totaling $162,000, of which $84,240 was allocated to La Calle Cuatro de Santa Ana Association and $77,760 was allocated to the Downtown Santa Ana Business Council. In June 2006, meetings were held with representatives from the La Calle Cuatro de Santa Ana Association ("LACCSA"), the Downtown Santa Ana Business Council ("DSABC"), and City staff to discuss the status of the 2005 BID promotion and marketing funds and the 2006 promotion and marketing funds that were previously approved by the City Council. Based on the information provided, LACCSA has expended its 2005 promotions and marketing funds on the various items outlined in its 2005 Budget, Exhibit A. The DSABC has completed approximately thirty percent of the items outlined in its 2005 Marketing Plan, Exhibit B. Both associations have made significant progress in promoting the Downtown area; and over the last year, events have increased in size and attendance. 250-1 Enter into Agreements for Promotions in the Downtown August 21, 2006 Page 2 The Downtown Santa Ana Business Council and La Calle Cuatro de Santa Ana Association have submitted marketing plans for the use of the 2006 Downtown Business Improvement District promotions funds and have requested that the City enter into agreements with them. Copies of the LACCSA and the DSABC 2006 Marketing Plans have been attached as Exhibit C and D respectively. The agreements will detail the respective promotional/marketing programs with appropriate financial oversight by City staff. Staff recommends that the City approve both Agreements allowing the LACCSA and the DSABC to continue with their promotional/marketing plans. FISCAL IMPACT Funds are available for these Agreements in the Business Improvement District Operations Other Contractual Services Account (account no. 93- 013-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ Stephen G. H ding Deputy City Manager for Development Services Francisco Gutierrez ~~ Executive Director Finance & Management Services Agency SGH/WRM/mlr H:\ACTIONS\2006 CC\AgreePromotions - DT 8-21-06.doc 250-2 Lp tt~@ ti@ S~IO ~1>b A! OGQ~Oft U'1C B.dg~t zoos Promotions Wed Page - • Banners- For Events lobe displayed • Newspaper armoanco~nents - Adverb aancnl • Radio cor~xxcials • Counsaltant end Contract reviews • Musicians /artists /performers • After Thanksgiving Sale - banners, aA lvaitisanent, etc. • Santa Sunday - Navidad en la Calla (uatm event, mus ;toys, snow • Event e~cpenses - Litter Deposit, Met ~r Fee t~cposit, p K-a-potties, permit fcc, etc. • Newslctxer • Other Spx~aal Events • Administt~tivc & Operating Costs. Marketing • 17ircilory of businesses • SPoP P~ • Marketing materials • Conference carpcas~s I networking se tinars Printing cysts • Consultant and Contrail nwicws • Seminar /courses • Other Marlcding Methods Fundraiser • Ndworking /Auctions - seminar nest itans to be aucx~ Heil, etc. • Ca#ering , conference rooms, n~usici~ ~ • Advertismex~t, publicity expense • Printing Materials • Consltant & Admit»strativc.Costs Other Fundraising metlx~ds Exhibit A 250-3 DOWNTOWN SANTA ANA BUSINESS COUNCIL June 15, 2005 Miguel A. Pulido, Mayor City of Santa Ana 20 Civic Center Plaza Post Office Box 1988 Santa Ana, CA 92702 RE: Business Improvement District Dear Miguel: BID Budg,~t A~v~~ory Boards We hereby fonrrally ask the City Council to recognize and appoint the Downtown Santa Ana Business Council as the BID Advisory Board, anon-profit organization representing the interest of the Downtown Restaurant Associaton, the Artists Yllage Neighborhood Association, the Loft Neighborhood Assodation, and other Retail and Professional services within the geographic area commonly referred to as Zone B (representing 48% of the BID funds). Downtown Santa Ana Business Cound Promotions and Marketing Plan Pro sn2 ec>l - Budget (67.975.67 1- Create a professional handout MAP with all galleries/restaurants/attractions 2-Utilize and update current website"aplacefotartorg"- possibly change site so each gallery and businesses can update their awn info 3- Create new "branding"/ logo for the artists village/restaurant association 4 Research signage improvement- create a way to recognize/ define the boundaries of the artists village and restaurant corridor (4'~ and Birch down Broadway to 2°d Street) (.e. have all the street signs in a distinguished color or funky frames); update current banners 5- Initiate a public art program and try to get public art installations ("Santa Ana Salon" contest) 6- Fund neighborhood block party (like Wilshire Square and other neighborhoods assodations) 7- Initiate a 2°d monthly event that focuses on mustic 8- Research cross-promotion with the Long Beach art walk 9- Seed money to create self-funded events Qazz Festival) 10- Create Downtown Restaurant collateral piece and distribute to area neighborhoods 11. General advertisement in local publications Amendment to the 2005 Approved BID O~~,g Expenses /Budget The Downtown Santa Ana Business Council respectfully requests that the City Cound amend the 2005 budget in the following way: Reallocate the "Maintenance d litter Enhancement Downtown lighting" line item of $52.500 as well as the `BID Consultant's item of $15,000 totalin $67,500 be to the general BID promotions and marketing fund. Exhibit B 250-4 Thank you for your consideration. -2- June 15, 2005 Smcetely Gam` Downtown Santa Ana Business Council Bob Stewart, President cc: City Councl Members David Ream, City Manager City Clerk Patricia Whitaker, Executive Director William R. Manis Exhibit 6 250-5 LA CALLS CUATRO DE S~WTA ANA ASSOCTION INC. Budget 2006 Prorr-otio~ * Up-date web page and increase membership info. * Advertisement -Special Events * Radio Comercials -Special Events * Cable -Production of Commercial and Airtime * Hire Musicians /Artists /Performance * Banners for Special Events * Santa Sunday -Purchase toys, * City Costs -Special Events Permits, SAPD costs, Code Enforcement, SAFD costs * Business License Fees * Newsletter -Printing, Distribution and Mailing costs * Administration & Operational Costs. * Promotional -Tree lighting of the Downtown. * Other Promtional items and programs. 1~1cet * Business Directory. * Advertisement of the Downtown in Popular Magazines * Marketing Materials * Conference Expenses /networking Seminars * Printing, coping costs, graphics and layouts. * Consultants and Contract reviews * Seminar /Courses * Other Marketing Methods and expenses. F mdr i er * Networking /Auctions -seminar cost * Catering, conference rooms, mucisicans * Advertisement, publicity expense * Printing Materials * Consultant & Administrative Costs * Other Fundraising Methods Exhibit C 250-6 Downtown Santa Ana Business Council Budget for 2006/07 Starting balance Subscriptions: Chamber, newsletters, periodicals Paperwork/filings: IRS, state, local (business license) Insurance: Director coverage + 4 major events Art Grant/patronage: 2 annual prizes based on criteria Contracted persons: legal, accounting, web Events Committee: 4 public events Marketing Committee: advertising, printing City & Outreach Committee: postage, website design & maintenance Exhibit D 250-7 250-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: AGREEMENT RENEWAL FOR STATE MANDATED COST REIMBURSEMENT CLAIM SERVICES 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 Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to renew the agreement with Maximus, Inc. for state mandated cost reimbursement claim services for an annual amount not to exceed $12,500. DISCUSSION Under California Senate Bill 90 (SB90), the State of California provides reimbursement to cities and counties for costs incurred under State mandated programs. On September 19, 2005, the City contracted with Maximus Inc. to prepare and file the City's state mandated cost claims for a one-year period. Maximus' price proposal remains the same as the previous year and City staff recommends a one-year renewal. For fiscal year 2005-2006, the City's SB90 claim reimbursement totaled $418,764. FISCAL IMPACT Funds will be paid out of the State Mandate Cost Reimbursement revenue account (account no. 011-01-5330) as funds are received. ~~:A1~~~~t~z ~. _l. ~~ 00 Francisco Gutierrez Executive Director Finance & Management Services Agency 25P-1 25P-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE; AMENDMENT TO AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY (PROJECT 2597) `" 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 Putalic Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to amend the prior agreement with the Union Pacific Railroad (UPRR) Company to provide for final payment of the actual costs to UPRR to provide signal interconnect/pre-emption between the railroad controller and the traffic signal at Alton Avenue and Greenville Street. DISCUSSION Traffic safety upgrades were recently completed at UPRR's railroad crossing to provide advanced warning that a train is approaching. This ensures that the traffic signal at Alton Avenue and Greenville Street receives a signal that a train is approaching in advance of its arrival since the intersection is within 200 feet of the railroad at-grade crossing (Exhibit 1). The original estimate of this work by UPRR was $12,227.00 plus a 10~ contingency resulting in a total amount of $13,449.70. This amount has been paid by the City to UPRR. However, UPRR's actual costs to do the work exceeded their original estimate for a total invoice of $18,186.04. As a result, the remaining amount not yet paid is $4,736.34. Council approval is requested for the additional amount of $4,736.34 so the City can pay the remainder of this invoice to UPRR. 25Q-1 Amendment to Agreement with Union Pacific Railroad August 21, 2006 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The additional cost to install the interconnect is $4,736.34. Funds are available in the Transportation System Improvement Area E Fund, (account No. 34-631-6631, project no. 2597). ~ I ~ ~ - James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director !!!`~"""' Finance & Mgmt. Services Agency 25Q-2 22 Location SANTA ANA ~ City Council P~ WUA ~ Agenda Date ausucwo- AUgUSt 21, 2006 AMENDMENT TO AGREEMENT WITH UNION PACIFIC RAILROAD '`'~ COMPANY TO PROVIDE SIGNAL INTERCONNECT/PRE-EMPTION ~;; ~~~~ 25Q-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: AMENDMENT TO AGREEMENT A1ITH UNION PACIFIC RAILROAD COMPANY TO IMPROVE RAILROAD CROSSING ON MAIN STREET (PROJECT 1757) 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 / " CITY MANAGER FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare an the Clerk of the Council to execute an Union Pacific Railroad (UPRR) Company total contract in the amount of $77,130 crossing on Main Street. d authorize the City Manager and amendment to the agreement with in the amount of $18,829 for a for improvements to the railroad DISCUSSION On October 12, 2005, the City entered into an agreement with UPRR to replace the existing asphalt railroad crossing on Main Street north of Goetz Street with a concrete panel crossing in coordination with the Main Street Rehabilitation Project (Project 1757). UPRR agreed to these improvements with the condition that the City share the actual construction costs. The original estimated share prepared by UPRR was $58,301. Improvements are now complete and the actual costs of the improvements were $77,130. Staff recommends this amendment to provide the additional funding for the City's share of the improvements. ENVIRONMENTAL IMPACT Environmental Review No. 2003-91 has been completed and a Categorical Exemption has been filed for this project pursuant to the California Environmental Quality Act. 25R-1 Amendment To Agreement With Union Pacific Railroad Company To Improve Railroad Crossing On Main Street (Project 1757) August 21, 2006 Page 2 FISCAL IMPACT Funds are available in the Measure M Street Construction Fund (account no. 32-551-6631). APPROVED AS TO FUNDS AND ACCOUNTS: '~ '~ ~ P~- James G. Ro Francisco Gutierrez ~~ Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25R-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: ORDINANCE AMENDING CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING SPEED LIMITS FOR CITY STREETS ~._~= CITY MANAGER 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 amending Chapter 36 of the Santa Ana Municipal Code establishing speed limits on certain streets and portions of streets in the City. ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE (ETAC) RECOMMENDATION Accept the Citywide Speed Limit Study and recommend to City Council that an ordinance amending Chapter 36 of the Santa Ana Municipal Code establishing speed limits on certain streets and portions of streets in the City be adopted; by unanimous vote at the meeting of July 13, 2006. DISCUSSION To enforce speed limits on City streets using radar, the California Vehicle Code requires that the City conduct new speed surveys every five years. The prior study was approved in 2001, based upon 2000 speed surveys. Last year, the City hired a consultant, Albert Grover and Associates, who has completed this 2006 study according to regulations set forth by the State. The study has recommended speed limits based upon four major factors: (1) the geometric characteristics of the roadways (including pedestrian and bicycle activity), (2) speed surveys using radar, (3) accident rate comparisons of actual versus the average accident rates that typically occur for each type of roadway in the City, and (4) any roadway characteristics not readily apparent to motorists. For this study, approximately 177 segments within the City's arterial and collector (also referred to as commuter) street network were surveyed based on the Federal Highway Functional Classification Map. This map determines which street should or shouldn't be included in the speed survey. 50A-1 Ordinance Amending Chapter 36 Of Santa Ana Municipal Code August 21, 2006 Page 2 In order for the courts to uphold speeding tickets written by the Santa Ana Police Department (SAPD), each ticket must be able to withstand the scrutiny of the courts. This study report contains and documents sufficient information in compliance with State law to justify the posted speed limit. Based upon the study results, no change in the posted speed limits is recommended at 140 locations of the 177 locations studied throughout the City. The speed limit is recommended to be decreased at 16 locations, increased at 20 locations, and newly established at one location as shown in Table 1. The study and recommendations have been reviewed and are supported by SAPD. Once the ordinance is amended, the corresponding changes to the posted speed limits on the affected streets will be modified. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for the installation of speed limit signs estimated at $10,000 are available in the Maintenance Division's account for Operations Improvements (account no. 11-623-6391). . ` ~ ~~,.. James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~cc~~r .~ s Francisco Gutierrez ~1~/ Executive Director `-~ Finance & Mgmt. Services Agency 50A-2 S eed Surve s Summary , , ~ :r ,, ~ ~r ^-o ted Recommended _ ~ g ~.glJ.jl }~ ~~ . , L4c~~o r7 ' +.r , ~ t a iY f~ w~.Y J 'll•l 1~ ~ ~ .~?•~ly 1 i,,~..+ Y ~~ t < ~~ ~'i --~ e mit 1 ~ '. Speed Limit Comments ;~ .- +y~ Alton Avenue Susan and Greenville 40 45 Increase Edinger Avenue West City Limit E/O Euclid and Richardson 40 45 Increase Santa Ana River and Fairview 40 45 Increase First Street Townsend and Flower 35 40 Increase Flower and Birch 35 40 Increase Birch and Standard 35 40 Increase Standard and Tustin/East Ci Limit 35 40 Increase Fourth Street Mortimer and McCla 30 35 Increase Greenville Street Edinger and Warner 35 30 Decrease Warner and Sunflower/Wimbledon 40 35 Decrease Lake Center Drive Harbor and Susan 35 40 Increase Main Place Drive Bedford and Broadway 30 35 Increase Main Street MainPlace/Memory and 17th 35 30 Decrease 1st and Chestnut 30 35 Increase Chestnut and Edinger 30 35 Increase Edinger and Warner 40 35 Decrease Warner and Goetz 45 40 Decrease Goetz and MacArthur 45 40 Decrease MacArthur and Sunflower 45 40 Decrease McFadden Avenue Newhope and Harbor 45 40 Decrease Harbor and Fairview 45 40 Decrease Fairview and Raitt 40 35 Decrease Raitt and Bristol 40 35 Decrease Bristol and Flower 35 30 Decrease Newho a Street Westminster and 1st 35 40 Increase Pullman Street Warner and Dyer 35 40 Increase D er and G 35 40 Increase Ritche Street McFadden and Edin er 35 40 Increase Santa Ana Boulevard Raitt and Bristol 40 35 Decrease Bristol and Flower 40 35 Decrease Flower and Ross 40 35 Decrease Santa Clara Avenue Lincoln and Grand 40 35 Decrease Seventeenth Street Fairview and Buena/East Ci Limit N/A 40 Establish Warner Avenue Grand and SR-55 40 45 Increase SR-55 and Redhill 40 45 Increase Westminster Avenue Euclid and Newhope 40 45 Increase Newho e and Clinton 40 45 Increase Table 1 50A-3 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY OF SANTA ANA REVISING THE PRIMA FACIE SPEED LIMITS FOR STREETS IN THE CITY AS SET FORTH IN ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Article VII, consisting of sections 36-227 through 36-279, of Chapter 36 of the Santa Ana Municipal Code, as revised by Ordinance No. NS-2486, is hereby repealed. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a new Article VII, consisting of sections 36-227 through 36-271, to Chapter 36 of the Santa Ana Municipal Code, which said article reads as follows: ARTICLE VII. PRIMA FACIE SPEED LIMITS Sec. 36-227. Prima facie speed limits in general. The City Council of the City of Santa Ana determines and declares, upon the basis of engineering and traffic surveys made on or after January 17, 2006, which surveys are public records on file in the offices of the Public Works Agency of the city, that the prima facie speed limits specified in those sections are reasonable, safe and most appropriate to facilitate the orderly movement of traffic upon the streets and portions of streets specified in those sections, which streets and portions of streets would otherwise be subject to the prima facie speed limits established in the California Vehicle Code. These prima facie speed limits shall be effective when appropriate signs giving notice thereof are erected upon the streets and portions of streets to which they pertain. The provisions of this article shall not apply to any twenty-five (25) mile per hour prima facie speed limit which is applicable when passing a school or the grounds thereof. Sec. 36-228. Alton Avenue. The speed limits (in miles per hour) for the following portions of Alton Avenue is as follows: Between Susan Street and Greenville Street 45 Between Greenville Street and Bristol Street 45 Between Main Street and Standard Avenue 40 Ordinance Page 1 of 12 50A-4 Sec. 36-229. Bear Street. The speed limits (in miles per hour) for the following portions of Bear Street are as follows: Between Sunflower Avenue and MacArthur Boulevard 40 Between MacArthur Boulevard and Alton Avenue 40 Between Alton Avenue and Segerstrom Avenue 40 Sec. 36-230. Bristol Street. The speed limits (in miles per hour) for the following portions of Bristol Street are as follows: Between Hesperian/SR 22 EB On-Ramp & Santa Clara Ave. 45 Between Santa Clara Avenue and Seventeenth Street 45 Between Seventeenth Street and Civic Center Drive 40 Between Civic Center Drive and Walnut Street 35 Between Walnut Street and McFadden Avenue 40 Between McFadden Avenue and Edinger Avenue 40 Between Edinger Avenue and Warner Avenue 40 Between Warner Avenue and Segerstrom Avenue 40 Between Segerstrom Avenue and MacArthur Boulevard 40 Between MacArthur Boulevard and Sunflower Avenue 40 Sec. 36-231. Broadway and Broadway Place The speed limits (in miles per hour) for the following portions of Broadway and Broadway Place are as follows: Between MainPlace Drive and Seventeenth Street 40 Between Seventeenth Street and Civic Center Drive 35 Between Civic Center Drive and First Street 35 Between First Street and McFadden Avenue 30 Between McFadden Avenue and Edinger Avenue 30 Between Edinger Avenue and Main Street (250 feet North of Warner Avenue) 30 Sec. 36-232. Cabrillo Park Drive. The speed limit (in miles per hour) for the following portion of Cabrillo Park Drive is as follows: Between Seventeenth Street and Fourth Street 35 Sec. 36-233. Cambridge Street. The speed limit (in miles per hour) for the following portions of Cambridge Street is as follows: Ordinance Page 2 of 12 50A-5 Between the North City Limit (NCL)/Route 22 and Fairhaven Avenue 40 Sec. 36-234. Chestnut Avenue. The speed limits (in miles per hour) for the following portions of Chestnut Avenue are as follows: Between Main Street and Standard Avenue 30 Between Standard Avenue and Grand Avenue 35 Between Grand Avenue and the East City Limit (ECL)/Elk Lane/Main Street 35 Sec. 36-235. Civic Center Drive. The speed limits (in miles per hour) for the following portions of Civic Center Drive are as follows: Between Fairview Street and Bristol Street 35 Between Bristol Street and Flower Street 35 Between Flower Street and Broadway 35 Between Broadway and French Street 35 Between French Street and Poinsettia Street 25 Sec. 36-236. Dyer Road. The speed limits (in miles per hour) for the following portions of Dyer Road are as follows: Between Flower Street and Main Street 40 Between Main Street and Halladay Street 40 Between Halladay Street and Route 55 Freeway 40 Between Route 55 Freeway and Barranca Parkway/Red Hill Avenue 40 Sec. 36-237. Edinger Avenue. The speed limits (in miles per hour) for the following portions of Edinger Avenue are as follows: Between the West City Limit (WCL) east of Euclid Street and Richardson Street Between Santa Ana River (WCL) and Fairview Street Between Fairview Street and Raitt Street Between Raitt Street and Bristol Street Between Bristol Street and Flower Street Between Flower Street and Main Street 45 45 35 35 40 40 Ordinance Page 3 of 12 50A-6 Between Main Street and Standard Avenue 40 Between Standard Avenue and Ritchey Street 45 Between Ritchey Street and the East City Limit (ECL) 45 Sec. 36-238. Euclid Street. The speed limits (in miles per hour) for the following portions of Euclid Street are as follows: Between Westminster Avenue and First Street 45 Between First Street and the South City Limit (SCL)/Lenhardt Avenue 45 Sec. 36-239. Fairhaven Avenue. The speed limits (in miles per hour) for the following portions of Fairhaven Avenue are as follows: Between Lincoln Avenue and Grand Avenue 35 Between Grand Avenue and Linwood Avenue 40 Between Linwood Avenue and Greengrove Street East City Limit (ECL) 45 Sec. 36-240. Fairview Street. The speed limits (in miles per hour) for the following portions of Fairview Street are as follows: Between Route 22 EB Off-Ramp and Fifth Street 45 Between Fifth Street and Edinger Avenue 45 Between Edinger Avenue and Warner Avenue 45 Between Warner Avenue and Alton Avenue 45 Between Alton Avenue and Sunflower Avenue 45 Sec. 36-241. Fifth Street. The speed limits (in miles per hour) for the following portions of Fifth Street are as follows: Between Euclid Street and Harbor Boulevard 35 Between Harbor Boulevard and Fairview Street 35 Between Fairview Street and Hawley Street 35 Sec. 36-242. First Street. The speed limits (in miles per hour) for the following portions of First Street are as follows: Ordinance Page 4 of 12 50A-7 Between the West City Limit (WCL) west of Euclid and Newhope Street 40 Between Newhope Street and Harbor Boulevard 40 Between Harbor Boulevard and Townsend Street 40 Between Townsend Street and Flower Street 40 Between Flower Street and Birch Street 40 Between Birch Street and Standard Avenue 40 Between Standard Avenue and Tustin Avenue/the East City Limit (ECL) 40 Sec. 36-243. Flower Street. The speed limits (in miles per hour) for the following portions of Flower Street are as follows: Between Seventeenth Street and Santa Ana Boulevard 35 Between Santa Ana Boulevard and Bishop Street 35 Between Bishop Street and Warner Avenue 35 Between Warner Avenue and Sakioka Drive/Sunflower Avenue 40 Sec. 36-244. Fourth Street. The speed limits (in miles per hour) for the following portions of Fourth Street are as follows: Between Mortimer Street and McClay Street 35 Between McClay Street and Route 5 Freeway 35 Between Interstate 5 Freeway and Route 55 Freeway 40 Sec. 36-245. Grand Avenue. The speed limits (in miles per hour) for the following portions of Grand Avenue are as follows: Between the North City Limit (NCL)/ SR 22 Ramps and Fairhaven Avenue 40 Between Fairhaven Avenue and Santa Clara Avenue 40 Between Santa Clara Avenue and Seventeenth Street 40 Between Seventeenth Street and First Street 40 Between First Street and McFadden Avenue 45 Between McFadden Avenue and Edinger Avenue 45 Between Edinger Avenue and Warner Avenue 45 Between Warner Avenue and Dyer Road 45 Sec. 36-246. Greenville Street. The speed limits (in miles per hour) for the following portions of Greenville Street are as follows: Ordinance Page 5 of 12 50A-8 Between Edinger Avenue and Warner Avenue 30 Between Warner and Sunflower/Wimbledon 35 Sec. 36-247. Halladay Street. The speed limits (in miles per hour) for the following portions of Halladay Street are as follows: Between Warner Avenue and Dyer Road 35 Between Dyer Road and Alton Avenue 35 Sec. 36-248. Harbor Boulevard. The speed limits (in miles per hour) for the following portions of Harbor Boulevard are as follows: Between Westminster Avenue and Fifth Street 45 Between Fifth Street and First Street 40 Between First Street and a point six hundred (600) feet south of Kent Avenue 40 Between the city limits of Santa Ana at Santa Ana River (N/O Warner) and Segerstrom Avenue 45 Between Segerstrom Avenue and MacArthur Boulevard 45 Sec. 36-249. Hazard Avenue. The speed limit (in miles per hour) for the following portion of Hazard Avenue is as follows: Between Euclid Street and Harbor Boulevard 35 Sec. 36-250. Lake Center Drive. The speed limit (in miles per hour) for the following portion of Lake Center Drive is as follows: Between Harbor Boulevard and Susan Street 40 Sec. 36-251. Lincoln Avenue. The speed limits (in miles per hour) for the following portion of Lincoln Avenue are as follows: Between Fairhaven Avenue and Santa Clara Avenue 35 Between Santa Clara Avenue and Seventeenth Street 35 Between Seventeenth Street and Washington Avenue 35 Ordinance Page 6 of 12 50A-9 Sec. 36-252. Lyon Street. The speed limits (in miles per hour) for the following portion of Lyon Street are as follows: Between First Street and McFadden Avenue 35 Between McFadden Avenue and Edinger Avenue 35 Between Edinger Avenue and Saint Andrew Place 35 Sec. 36-253. MacArthur Boulevard. The speed limits (in miles per hour) for the following portion of MacArthur Boulevard are as follows: Between the West City Limit (WCL) at Harbor Boulevard and Fairview Street 40 Between Fairview Street and Main Street 40 Between Main Street and the East City Limit (ECL) at SR 55 40 Sec. 36-254. Main Place Drive. The speed limit (in miles per hour) for the following portions of Main Place Drive is as follows: Between Main Street/Owens Drive and Bedford Street 35 Between Bedford Street and Main Street/Town & Country Road 35 Sec. 36-255. Main Street. The speed limits (in miles per hour) for the following portions of Main Street are as follows: Between the North City Limit (NCL) at SR 22 and Seventeenth Street 30 Between Seventeenth Street and First Street 35 Between First Street and Chestnut Avenue 35 Between Chestnut Avenue and Edinger Avenue 35 Between Edinger Avenue and Warner Avenue 35 Between Warner Avenue and Goetz Avenue 40 Between Goetz Avenue and MacArthur Boulevard 40 Between MacArthur Boulevard and Sunflower Avenue 40 Sec. 36-256. McFadden Avenue. The speed limits (in miles per hour) for the following portions of McFadden Avenue are as follows: Ordinance Page 7 of 12 50A-10 Between the Sail Street/West City Limit (WCL) and Euclid Street 45 Between Euclid Street and Newhope Street 45 Between Newhope Street and Harbor Boulevard 40 Between Harbor Boulevard and Fairview Street 40 Between Fairview Street and Raiff Street 35 Between Raitt Street and Bristol Street 35 Between Bristol Street and Flower Street 30 Between Flower Street and Main Street 35 Between Main Street and Standard Avenue 35 Between Standard Avenue and Grand Avenue 35 Between Grand Avenue and the East City Limit (ECL) 35 Sec. 36-257. Memory Lane. The speed limits (in miles per hour) for the following portions of Memory Lane are as follows: Between Santa Ana River/West City Limit (WCL) and Bristol Street 40 Between Bristol Street and Flower Street 35 Between Main Street and the North City Limit (NCL)/ Parker Street 35 Sec. 36-258. Newhope Street. The speed limits (in miles per hour) for the following portion of Newhope Street are as follows: Between Westminster Avenue and First Street 40 Between First Street and Edinger Avenue 35 Sec. 36-259. Pullman Street. The speed limits (in miles per hour) for the following portion of Pullman Street are as follows: Between Warner Avenue and Dyer Road 40 Between Dyer Road and Garry Avenue 40 Sec. 36-260. Raiff Street. The speed limits (in miles per hour) for the following portions of Raitt Street are as follows: Between First Street and Willits Street 30 Between Willits Street and McFadden Avenue 35 Between McFadden Avenue and Edinger Avenue 40 Ordinance Page8of12 50A-11 Between Edinger Avenue and Saint Gertrude Place 40 Between Saint Gertrude Place and Warner Avenue 40 Between Warner Avenue and Segerstrom Avenue 40 Between Segerstrom Avenue and Alton Avenue 40 Between MacArthur Boulevard and Sunflower Avenue 35 Sec. 36-261. Ritchey Street. The speed limits (in miles per hour) for the following portions of Ritchey Street are as follows: Between McFadden Avenue and Edinger Avenue 40 Between Edinger Avenue and Wright Street 40 Sec. 36-262. Santa Ana Boulevard. The speed limits (in miles per hour) for the following portions of Santa Ana Boulevard are as follows: Between Raitt Street and Bristol Street 35 Between Bristol Street and Flower Street 35 Between Flower Street and Ross Street 35 Between Ross Street and French Street 30 Between French Street and Santiago Street 35 Between Santiago Street and Grand Avenue 35 Sec. 36-263. Santa Clara Avenue. The speed limits (in miles per hour) for the following portions of Santa Clara Avenue are as follows: Between Lincoln Avenue and Grand Avenue 35 Between Grand Avenue and Wright Street 40 Between Wright Street and Tustin Avenue 40 Between Tustin Avenue and East City Limit (ECL)/Route 55 40 Sec. 36-264. Segerstrom Avenue. The speed limits (in miles per hour) for the following portions of Segerstrom Avenue are as follows: Between Santa Ana River/West City Limit (WCL) and Spruce Street 40 Between Spruce Street and Flower Street/Dyer Road 40 Sec. 36-265. Seventeenth Street. Ordinance Page 9 of 12 50A-12 The speed limits (in miles per hour) for the following portions of Seventeenth Street are as follows: Between Fairview Street and East City Limit 40 Between Fairview Street and Bristol Street 40 Between Bristol Street and Flower Street 40 Between Flower Street and Main Street 40 Between Main Street and Wright/Eastside Street 40 Between Wright/Eastside Street and East City Limit (ECL) 40 Sec. 36-266. Standard Avenue. The speed limits (in miles per hour) for the following portions of Standard Avenue are as follows: Between First Street and Chestnut Avenue 30 Between Chestnut Avenue and McFadden Avenue 30 Between McFadden Avenue and Edinger Avenue 30 Between Edinger Avenue and Warner Avenue 35 Sec. 36-267. Susan Street. The speed limits (in miles per hour) for the following portions of Susan Street are as follows: Between Harvard Street and Pendleton Avenue 35 Between Warner Avenue and MacArthur Boulevard 35 Between MacArthur Boulevard and Sunflower Avenue 35 Sec. 36-268. Third Street. The speed limit (in miles per hour) for the following portions of Third Street is as follows: Between Lacy Street and Spurgeon Street 30 Sec. 36-269. Tustin Avenue. The speed limits (in miles per hour) for the following portions of Tustin Avenue are as follows: Between North City Limit (NCL)/Fairhaven Avenue and Twentieth Street Between Seventeenth Street and Fruit Street Between Fruit Street and the South City Limit (SCL) north of First Street Ordinance Page 10 of 12 40 40 40 50A-13 Sec. 36-270. Warner Avenue. The speed limits (in miles per hour) for the following portions of Warner Avenue are as follows: Between the West City Limit (WCL)/Santa Ana River west of Harbor Boulevard and Fairview Street 45 Between Fairview Street and Raitt Street 45 Between Raitt Street and Bristol Street 40 Between Bristol Street and Flower Street 40 Between Flower Street and Main Street 40 Between Main Street and Grand Avenue 40 Between Grand Avenue and the Route 55 Freeway 45 Between the Route 55 Freeway and Red Hill Avenue 45 Sec. 36-271. Westminster Avenue Between Euclid Street and Newhope Street 45 Between Newhope Street and Clinton Street 45 SECTION 3: 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, sentence, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 4: 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 day of August, 2006. Miguel A. Pulido Mayor Ordinance Page 11 of 12 50A-14 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk attached Resolution No. 2006- to of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Ordinance Page 12 of 12 of the Council, do hereby attest to and certify the be the original resolution adopted by the City Council 50A-15 50A-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: PROPOSED AMENDMENT TO ANNUAL BUDGET ~~""'.-~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution that amends the Fiscal Year 2006-07 Annual Budget. DISCUSSION The Library Director recently completed a review of his agency's functions and structure. This analysis included an examination of the duties and responsibilities of various job classifications. As a result of this review, the Library Director is proposing to reallocate three positions. One Executive Secretary position would be reallocated to Library Technician in order to provide more library services to Santa Ana youth; one part-time civil service (30 hours per week) Library Technician position would be reallocated to a part-time civil service Accounting Assistant position to assume some of the duties performed by the eliminated Executive Secretary position; and one Senior Accounting Assistant position would be reallocated to Management Analyst (UC) to perform higher-level responsibilities such as preparation of the department's budget. The reallocation from Executive Secretary to Library Technician will result in a cost savings and the reallocations from Library Technician (PTCS) to Accounting Assistant (PTCS) and Senior Accounting Assistant to Management Analyst (UC) will result in cost increases as noted below. FISCAL IMPACT The fiscal impact figures below represent estimated costs for the remainder of the fiscal year, assuming an effective date of September 1, 2006. Reallocation from Executive Secretary to Library Technician: savings of $5,570. 55A-1 Proposed Amendment to Annual Budget August 21, 2006 Page 2 of 2 Reallocation from Library Technician (PTCS) to Accounting Assistant (PTCS): cost of $1,574 Reallocation from Senior Accounting Assistant to Management Analyst (UC): cost of $15,300. ~- ~ ~ ~~ ,. Enriqu v '' Execu i e it ctor Personnel vice A APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director s gency Finance and Management Services Agency ~ r Rob Richard Library Director Library 55A-2 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO REALLOCATE TWO FULL TIME POSITIONS AND ONE PART TIME CIVIL SERVICE POSITION IN LIBRARY SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. On June 19, 2006, the City Council passed and adopted Ordinance No. NS-2713, establishing the City's Annual Budget and authorizing position allocations for Fiscal Year 2006-2007. The Ordinance also sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. B. The Library Director proposes to amend the position allocation in the Annual Budget for Fiscal Year 2006-2007 by reallocating two (2) full time positions and one (1) Part Time Civil Service position. C. It is now desired to amend the Annual Budget for Fiscal Year 2006-2007, as amended, in order to effect these changes. Section 2: That Ordinance No. NS-2713, the Annual Budget for Fiscal Year 2006-2007, as amended, is hereby further amended by: A. Reallocating one (1) full time position from the classification title of Executive Secretary, Salary Rate Range 573 (min $40,980 -max $52,320), to the classification title of Library Technician, Salary Rate Range 545 (min $35,760 -max $45,636). B. Reallocating one (1) full time position from the classification title of Senior Accounting Assistant, Salary Rate Range 571 (min $40,572 -max $51,804), to the classification title of Management Analyst (UC), Salary Rate Range 633 (min $54,948 -max $70,164). C. Reallocating one (1) Part Time Civil Service position from the classification title of Library Technician, Salary Rate Range 545 (min $35,760 -max $45,636), to the classification title of Accounting Assistant, Salary Rate Range 556 (min $37,728 -max $48,168). 55A-3 Section 3: That except as amended by this Resolution, the Annual Budget for Fiscal Year 2006-2007, as amended, shall remain in full force and effect. Section 5: That this Resolution shall be operative from and after September 1, 2006. ADOPTED this 21 s~ day of August, 2006. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: NOES: ABSTAIN: Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-_ 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: AUGUST 21, 2006 TITLE: RESOLUTION ADOPTING A POLICY ON PROVIDING HEALTHY SNACKS IN VENDING MACHINES AT CITY-OPINED FACILITIES .~ '~' ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~~ Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution establishing a policy on providing healthy snacks in vending machines located at City-owned facilities. DISCUSSION The City currently provides beverage and snack vending machines at various City-owned facilities that include recreation and community centers, parks, City Hall, the Library, the Corporate Yard, the Police Administration and Holding Facility, and the Train Depot. The residents of Santa Ana face many challenging health issues including a high rate of obesity, which directly relates to food choices and sedentary lifestyles. In a recent study, the assembly district that includes Santa Ana ranked second worst in the state, with 36.1 percent of children being overweight, and 42.75 percent being unfit. The City of Santa Ana is committed to addressing obesity and diabetes- related illnesses among Santa Ana residents by improving its food and physical activity environments. This policy will establish that no less than 50 percent of the food and beverage selections offered be of a healthy variety at all City-owned facilities. City staff will coordinate with the vending companies to implement this policy at the various City locations. 55B-1 Resolution on Healthy Snacks in Vending Machines August 21, 2006 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Gerardo Mouet~ Executive Dir ctor, Parks, Recreation, Services Agency and Community 55B-2 KO- 8110/06 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DIRECTING THE CITY MANAGER TO ADOPT A POLICY ON HEALTHY SNACKS IN VENDING MACHINES AT CITY OWNED FACILITIES 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 residents of Santa Ana face many challenging health issues including a high rate of obesity, which directly relates to food choices and sedentary lifestyles. B. In a recent study, the assembly district that includes Santa Ana ranked second worst in the state, with 36.1 percent of children being overweight, and 42.75 percent being unfit. C. The City currently provides beverage and snack vending machines at various City-owned facilities that include, but are not limited to, recreation and community centers, parks, City Hall, the Library, the Corporate Yard, the Police Administration and holding facility, and the Train Depot. D. The City of Santa Ana is committed to addressing obesity and diabetes- related illness among Santa Ana residents by improving food and physical activity environments. E. The policy will establish that no less than fifty (50%) percent of the food and beverage selections offered be of a healthy variety at all City-owned facilities. F. City staff will coordinate with the vending companies to implement this policy at the various City locations. Section 2. The City Council of the City Of Santa Ana hereby directs the City Manager to adopt a policy for vending machines in all city facilities to contain no less than fifty (50%) percent health snacks. A copy of the administrative policy on healthy snacks in vending machines is attached hereto at Exhibit A. The City Manager may modify this policy from time to time provided such modification conforms with the spirit and intent of this resolution. Resolution No. 2006-XXX 55B-3 Page 1 of4 Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. To the extent permitted by law, this Resolution, and the City Manager's policy, shall apply to existing City vending machine contracts. ADOPTED this day of 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 55B-4 Resolution No. 2006-XXX Page 2 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-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 Resolution No. 2006-XXX 55B-5 Page 3 of 4 City of Santa Ana Administrative "~-~ Policies and Procedures Cit Mana er's Authorization Subject Date HEALTHY SNACKS IN VENDING MACHINES August 21, 2006 PURPOSE To establish a policy that ensures that no less than 50 percent of the food and beverages provided in all vending machines located at City-owned facilities are of a healthy variety. POLICY STATEMENT The City of Santa Ana is strongly committed to addressing obesity and diabetes-related illnesses among Santa Ana residents by ensuring that no less than 50 percent of the food and beverage selections offered in all vending machines located at City-owned facilities are of a healthy variety. DEFINITION OF HEALTHY VARIETY The definition of healthy beverages and snacks shall be determined by the City Manager or his designated representative. In general terms, however, foods considered to be of a healthy variety shall include items such as baked chips, fruit snacks, pretzels, granola, and nuts. Beverages considered to be of a healthy variety shall include such items as water, low fat milk products, natural fruit juice drinks, and sports drinks. POLICY GUIDELINES 1. This policy shall apply to all vending machines located in City-owned facilities, whether accessible by the public or not. City-owned facilities include parks, recreation and community centers, the Library, City Hall, the Corporate Yard, the Police Administration and Holding Facility, and the Train Depot. 2. The City staff shall work closely with its vending machine companies to ensure that the provision of not less than 50 percent healthy food and beverage selections is negotiated in the terms of all future contract agreements. Exhibit A Resolution No. 2006-XXX 55 B-6 Page 4 of 4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 21, 2006 TITLE: RESOLUTION ESTABLISHING A LOGAN PERMIT PARKING DISTRICT CONTINUED TO APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For MANA FILE NUMBER RECOMMENDED ACTION Adopt a resolution establishing a permit parking district for the Logan Neighborhood. DISCUSSION In July 2000, residents of the Logan Neighborhood requested that the City establish a permit parking district to alleviate overflow parking problems. In response to this request, the City Council on August 21, 2000, following the discussion of the permit parking program, directed staff to meet with the residents and business owners to see if there is consensus between the two groups for such a program. Shortly thereafter, several meetings were held with the Logan Neighborhood residents and business owners. Since no consensus was ever reached at these meetings on the establishment of permit parking between the residents and business owners, no further action was pursued by the City. Recently, several residents in the expressed a desire to implement permit Neighborhood, in June 2006, revealed qualify for permit parking. Based on staff is recommending the City Council permit parking. Logan Neighborhood have again parking. A survey of the Logan that some of the blocks would the recent survey, Public Works to reconsider implementation of The proposed Logan Permit Parking District consists of an area of the City bounded on the southwest by Penn Way and Poinsettia Street, on the east by the A.T. & S.F. Railroad and Lincoln Avenue, on the 55C-1 Resolution Establishing a Logan Permit Parking District August 21, 2006 Page 2 northeast by the Santa Ana Freeway, and on the south by Fourth Street (Exhibit 1). Sections of streets that abut non-residential uses and non-qualifying multi-family homes will not be part of the permit parking district. Creation of this district does not imply that permit parking will necessarily be installed on every block. The program will be implemented on a block-by-block basis, when approved by at least 66 percent of the property owners on a given block. Under the proposed parking permit program, parking will be restricted to eligible residents on those sections of streets adjacent to homes with less than five dwelling units per parcel. A maximum of three resident parking permits will be issued for single-family homes, and no more than one resident permit per unit will be issued for multi- family dwellings with less than five units per parcel. Guest permits will be issued at the discretion of the Executive Director of the Public Works Agency. The permit parking program will not apply to non-residential uses. Vehicles without permits will be subject to either a 24 Hour or Midnight to 6 am parking restriction, as appropriate. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 00-134 will be filed for this report. FISCAL IMPACT The cost of this permit parking program is estimated to be $1,100 for signs and permits. Funds are available in the Maintenance Division's account Operating Materials and Supplies (account no. 11-623-6391). . ~ /` Jam G. Ross ~~ Exq'cutive Director l P blic Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Mgmt. Services Agency 55C-2 i u~ ru' s] .. ~ .r« r rn sr. rM ff. n r,M 17TH ST. rm n n sr. r y p rrx n n ® "sr. ~ sossr ~ai s..a ~us.anw. wrx sr. ~ xrx /1 ~ !/ a AS NGT_N~ " q". C~ O ~ ~ rmX fr. samara w.. ~ a,. .~ r, ~ o0 an ~~~ ZOnOD. ~ ~ n .r. na nom ~ .rx sr. ~ n~aD ~ ~~ n n n~~M~ a .r.N a ^n~L~10~^ 4T S J ~ nn ~ sr. " J sir ~ ~ sr. ^ sr. ~ nnn~nnrnnrnrnr W Q ~- z Z Q Q Y ~..lJ C ,~ LOGAN PERMIT PARKING DISTRICT BOUNDARY $ANTA ANA Pr1 V ~.~.~. ~OJGpSioN F'~S~ COUNCIL AGENDA / DATE: LOGAN PERMIT I rr~' 1 aucusr 21. 2006 PARKING DISTRICT MAP ~~ E X H I BIT 1 ~.r.x~x<,...r.~r~,a~r..._m 55C-3 bk::8/15/06 RESOLUTION NO. 2006- THE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE LOGAN PERMIT PARKING DISTRICT 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. Section 22507 of the Vehicle Code of the State of California authorizes a city to prohibit stopping, parking or standing of vehicles on certain streets and to establish a permit system exempting residents, merchants and guests from the prohibition. B. Pursuant to Article XI (commencing with Section 36-480) of Chapter 36 of the Santa Ana Municipal Code, (hereinafter "the Code"), the City Council of the City of Santa Ana is authorized to adopt a resolution establishing Permit Parking Districts wherein parking restrictions apply to all vehicles except vehicles which have been issued parking permits pursuant to said Article. C. The Council finds and determines that due to conflicting land use, the Logan Neighborhood is in need of a Permit Parking District in order to protect neighborhood integrity against excessive on-street parking by non-resident employees of area establishments. D. Section 36-482 of the Code provides an optional procedure by which that parking restrictions imposed pursuant to a resolution establishing a permit parking district shall apply to any block within the permit parking district only after a petition signed by the owners of sixty-six (66) per cent or more of the residential lots abutting such block is filed. In this instance, the City Council has determined to vest the decision to establish permit parking within any block in the Logan Permit Parking District to the Executive Director of the Public Works Agency, who shall treat any such petition as informational to be supplemented by additional study and information as is necessary. Section 2. The Logan Permit Parking District is hereby established, to consist of that area of the City of Santa Ana generally bounded on the southwest by Penn Way and Poinsettia Street, on the south by Fourth Street, on the east by the A.T. & S.F. Railroad and Lincoln Avenue, and on the northeast by the Santa Ana Freeway, as more particularly depicted in "Exhibit 1," attached hereto and incorporated herein by reference. 55C-4 Section 3. The parking restrictions imposed pursuant to Article XI of Chapter 36 of the Code and by this Resolution shall apply to any block within the Logan Permit Parking District only after determination is made by the Executive Director of the Public Works Agency, which determination may be formed after receipt of a petition signed by the owners of sixty-six percent (66%) or more of the residential lots abutting such block in accordance with the standards set out in subsections (1) through (3) of section 36-482 of the Code expressing their desire for such parking restrictions, and such other investigation and study is performed as the Executive Director deems necessary or prudent; and only after signs indicating the parking restrictions on such block have been erected in front of the parcels devoted to residential use in accordance with said Article XI. Section 4. No person shall park any vehicle at any time on any portion of any street within the Logan Permit Parking District as to which signs have been erected indicating the application of permit parking restrictions, except persons and vehicles exempted from such parking restrictions pursuant to Article XI and this resolution. Section 5. As indicated by posted signs, permit parking restrictions in the Logan Parking District do not include sections of streets that abut the front of non-residential and multi-family uses with more than four dwelling units. Section 6. Persons entitled to a permit to park in locations subject to permit parking restrictions pursuant to this resolution include and are limited to the following: A. Any person who is licensed to drive a motor vehicle and who resides in a single-family dwelling located in the Logan Permit Parking District, provided that not more than three permits may be issued at any one time to the residents of any one such dwelling unit. B. Any person who is licensed to drive a motor vehicle and who resides in a multi-family dwelling located on any lot in the Logan Permit Parking District which does not have more than four dwelling units located on it, provided that not more than one permit may be issued at any one time to the resident of anyone such dwelling unit; and provided further, that the Executive Director of the Public Works Agency may waive the foregoing limitation on the number of dwelling units on a lot if he/she determines that its application in a particular case would cause extreme hardship on the residents of such dwelling units due to a severe inadequacy of on-site parking. Section 7. The Executive Director of the Public Works Agency is authorized to establish rules for the issuance of guest parking permits to residents of the Logan Permit Parking District and to issue or deny such permits in accordance therewith. Such rules shall be designed to limit guest parking privileges as appropriate to provide sufficient parking for resident parking permit holders. Such rules may be revised from time to time as circumstances require. 55C-5 ADOPTED this day of , 2006. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief 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. 2006- 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 55C-6 ~~ ~J~ i~J~ S] ~ c•3 97x rrx 57. ' ==x 17TH S - Eix n n 5T. ~ e ~~ etx n n ~ Oa11Wx. ~ D wsr. a~ ~ ~ELEYFMTYI=Z ~ MTx 5T. ~ MTx a~ . ASH GTC~ ~ A~ n ~ ~~ DCD .rx ~ 5T, ~ b S'• BSi mrx n sT• s ram 7~ 4 t z ,_ ^ sr. D Q ~~ srx ^ sT. ^ ~ ~ ~. ^ SW7~ i St. a ~ fix ST. ''i srx. N n sr. N ~ ^nn a ~nna~a ~~4TH~ ~On^ 0 st J ~m ~ ~ ~ sr. ~ nnn~nnnnn LOGAN PERMIT PARKING DISTRICT BOUNDARY SANTA ANA COUNCIL AGENDA DATE: RESOLUTION ESTABLISHING A ~-_~-' Pf"W Al AUGUST 21. 2006 ~, LOGAN PERMIT PARKING DISTRICT PIgE yams ~cExcT 7 L+ I~ 1 ~.~.E w~~~..A,~ ~~.P a~~ P.~~~.. ~,~= A.~.a~s,>~~.~~~o~=.A~~.,..o~.~.,a.<,~o~E,_~..~~a ~~oa,~, 55C-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2006 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-03 TO REZONE A PARCEL FROM PROFESSIONAL (P) TO SINGLE-FAMILY RESIDENCE (R1) AND GENERAL PLAN AMENDMENT NO. 2006-01 TO CHANGE THE GENERAL PLAN DESIGNATION FROM PROFESSIONAL AND ADMINISTRATIVE OFFICE (PAO) TO LOW DENSITY RESIDENTIAL (LR-7) AT 407 NORTH MCCLAY BEET - PMR INC., APPLICANT • (./~ CITY MANAGER RECOMMENDED ACTION 1. Deny Amendment Application No. 2006-03. 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 2. Deny General Plan Amendment No. 2006-01. PLANNING COMMISSION ACTION On July 24, 2006, the Planning Commission recommended that the City Council deny Amendment Application No. 2006-03 and deny General Plan Amendment No. 2006-01 by a vote of 4:0 (Gartner and Lutz absent) to change the zoning designation from Professional (P) to Single-Family Residence (R1) and the General Plan Designation from Professional and Administrative Office (PAO) to Low Density Residential (LR-7) in order to allow the construction of a single-family residence at 407 North McClay Street. The Planning Commission made no changes to the recommended action (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Jay M. Trevino Ex cutive Director Planning & Building Agency CR:rb cr\reports\aa06-03gpa06-Ol.cc 75A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 24, 2006 TITLE: PUBLIC HEARING - FILED BY PMR INC. FOR AMENDMENT APPLICATION NO. 2006-03 TO REZONE A PARCEL FROM PROFESSIONAL (P) TO SINGLE- FAMILY RESIDENCE (R1) AND GENERAL PLAN AMENDMENT NO. 2006-01 TO CHANGE THE GENERAL PLAN DESIGNATION FROM PROFESSIONAL AND ADMINISTRATIVE OFFICE (PAO) TO LOW DENSITY RESIDENTIAL (LR-7) AT 407 NORTH MCCLAY STREET PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Carlos Rodriguez Executive Director ,C~~- Planning Manager RECOMMENDED ACTION Recommend that the City Council: 1. Deny Amendment Application No. 2006-03. 2. Deny General Plan Amendment No. 2006-O1. DISCUSSION Request of Applicant Pacific Maintenance, Inc. is requesting approval of a zone change and general plan amendment to change the zoning classification of an existing parcel to Single-Family Residence (R1) and to change the General Plan Designation from Professional and Administrative Office (PAO) to Low Density Residential (LR-7) at 407 North McClay Street. Property Description The subject site is a vacant parcel located on McClay Street near the northeast corner of Fourth and McClay Streets. The lot is rectangular in shape and is approximately 4,900 square feet in size. The property is bounded by single-family residences to the north, south and east, and Frederick Remington Elementary School to the west (Exhibits 1 and 2). EXHIBIT A 75A-2 Amendment Application No. 2006-03 General Plan Amendment No. 2006-01 July 24, 2006 Page 2 Project Description The applicant proposes to construct a single-family residence on the subject site. The current zoning classification for the subject property is Professional (P) with a General Plan land use designation of Professional and Administrative Office (PAO). The Professional zoning does not allow the construction of residential structures. A zone change to Single-Family Residence (R1) and a general plan amendment to Low Density Residential (LR-7) are required in order to construct a single- family residential structure. The applicant is proposing to construct a one-story single-family residence with a detached two-car garage. The house will be approximately 1,300 square feet in size and includes four bedrooms and two baths (Exhibits 3 and 4). The proposed exterior finishes include a composite wood siding, a front porch with decorative columns, and wood trim around the single hung windows. The detached garage at the rear of the property is 441 square feet and matches the architectural features of the house. Analysis of the Issues The applicant is requesting approval of a zone change and general plan amendment of the subject site to allow a residential unit. The subject site is located just north of the intersection of McClay and Fourth Streets. Currently, the land uses found along Fourth Street between Grand Avenue and the Santa Ana (I-5) Freeway consist mainly of both office and residential development. Except for the existing elementary school and the commercial zoned properties abutting Grand Avenue, all properties in this corridor are zoned Professional (P) and have a General Plan land use designation of Professional and Administrative Office (PAO) (Exhibits 5 and 6) Section 41-680 of the Santa Ana Municipal Code (SANG) allows the existing residential uses along this corridor to remain since they are considered to be legal nonconforming uses. The existing zoning and general plan designations for the property are consistent and allow for the development of a professional office. The Circulation Element of the General Plan classifies Fourth Street as a primary arterial street (Exhibit 7) Policy 4.5 of the Land Use Element encourages the development of employment centers that are adjacent to 75A-3 Amendment Application No. 2006-03 General Plan Amendment No. 2006-O1 July 24, 2006 Page 3 major arterial roadways such as Fourth Street. Given the site's close proximity to Grand Avenue and the Orange County Register headquarters, the area could evolve into an office district that links the existing office district on east Fourth Street with Grand Avenue. The current zoning and general plan designations facilitate a future employment center by allowing the conversion of residences along Fourth Street into viable office projects. Further, since residential uses along major arterials are not encouraged, it will assist in the eventual conversion of these residences into office uses that are appropriate land uses on a major arterial. By rezoning the existing lot to the Single-Family Residence (Rl) designation, any future developer would have less square footage on which to develop the properties along Fourth Street between McClay Street and Linwood Avenue. Additionally, staff is trying to minimize the creation of city blocks that have a mis-match of office and residential development. By allowing the zone change and general plan amendment for this specific parcel, the City is reducing the amount of land available for office uses. Smaller development sites may fall short of complying with the City's development standards and create negative impacts on the surrounding residential neighborhood. Such impacts may include the parking of automobiles in the residential neighborhoods as street parking is not permitted on Fourth Street. Staff also analyzed the existing land use pattern of the area. The entire block along Fourth Street is zoned Professional and allows office development, including the conversion of residences into professional offices. In fact, several of the office buildings along this corridor were former residences that were converted into office buildings. Although the opportunity exists for the residence south of the subject site to convert to an office use, it is unlikely that these sites can meet the development standards necessary for office uses. By maintaining the office zoning of the subject site, it allows potential developers the opportunity to create a larger office development rather than a series of smaller individual office buildings. Therefore, staff recommends that the Planning Commission recommend that the City Council deny Amendment Application No. 2006-03 and General Plan Amendment No. 2006-O1. 7 5A-4 Amendment Application No. 2006-03 General Plan Amendment No. 2006-01 July 24, 2006 Page 4 CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is not a project as defined by the California Environmental Quality Act. Carlos Rodriguez Assistant Planner II CR:jm cr\reports\aa06-03gpa06-Ol.pc / ~,~C~ Vince Freg so, A P Senior Pla ner 75A-5 ~, .~ t- M1 M\ \ Rt "~ R2 ~ I CS ~ z°~ Rl R1 R1 R1 Rt Q I t C2 ~ ~ C5 Ri R1 R1 o R4 ~ Rai M iyR2 ~ R1 C5 C5 $ ~' ~ ; PRDi ~ o F M2 R2 Rt Ri ~ R1 W , ~~ ~~4i. _ n R2 ~ R1 -__tI _~__tr ,I_ __ 1 ' C21 C2 Rs R2: R4 i .J~ _JII_-f~ L-- 2 Rp ~ R2~ Mp GRACE ST - Ri R4-PRD ~` ~'o R2 ~ Rt c _- vANC x. 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Rt Rt R4 ~ M2 R4 ~ A1~ At GENERALAGRICULTUFtAL CR COMMERCIAL RESIDENTIAL Rt 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 C1-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 GPA 06-1/AA 06-3 ~ PACIFIC MAINTENANCE, INC. ~ ~~ 407 NORTH McCLAY 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 EXHIBIT 1 75A-6 EXISTING LAND USES J J Q J Q r W ~ W z ~ W 2 TWO UNIT p W FAMILY O N ~ lJ.l RESIDENTIAL W S ~ W ¢ > W ~ Q 2 O '~ ~ y > ~ LL = W ~ J Q ~ ~ J Z ~ W ~ U PRO.lRCT ~, SfTE ~ ¢ z ~ J ~ ~ W ~ ~ COMM RCIAL U SINGLE MILY 3 ¢ ~ O V RESIDE TIAL ~- > Z J FOURTH STREET M LTI F ~ FA ILY N J J ~ ~ ~J Q J J ~Q SFR RESIDENTIAL ~ ? 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Z ~' ~ ~ 110' 5TH ST. ~- ~ ~~~ rn 0 a C1 ~ g P. i ~ P J P 9 C2 ~ U P 161.2' a ~ ~ ~ - 4TH -- 185' - . ~ ~ •.{ 127' Q 118{ ~ n ~ 1~ F~ ~+rr~~ O m r w x1.14 ' v~ I CG it ~ O ~ ~ 28' ~ i ~ R2 Z R2 Q R2 ~ R2 M1 174' W I P PROFESSIONAL C1 COMMUNITY COMMERCIAL R1 SINGLE-FAMILY RESIDENCE C2 GENERAL COMMERCIAL R2 TWO-FAMILY RESIDENCE M1 LIGHT INDUSTRIAL O OPEN SPACE G PA 06-1 /AA 06-3 PACIFIC MAINTENANCE, INC. 407 NORTH MC CLAY 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 EXHIBIT 5 75A-12 GENERAL PLAN r r r r r r r r r r rrrr rrrrrrrrrrrrrr ' rrr > V" r Q r "fir'/ r "~r r/rr ~ > ~ ~~ -, / ~j~~ ,/ ~/ } Q Q ~ ~ . Z "'!~ %; '!' %i U 5TH ST. ZO ~~ Q ;i"'~-"';i''~"~~ J Vii'%'-'i'!~ 4TH ~ T. ~ ~ rrr ~ 0 ~ rr rrrrr ~ ~ _ rrr ~ (_7 ~ ~ CJ Z . ~ J Q 3 r r r r r w PAO 0 GC rrr rr rr r INS ;~~%'';;~; O LR-7 G PA 06-1 /AA 06-3 PACIFIC MAINTENANCE, INC. ~ 407 NORTH MC CLAY 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 EXHIBIT 6 75A-13 Street ClaeSification5 ~~ Freeway ---- Principal ~~~~~~~~~ Major Arterial ~~ Primary Arterial - • • - Secondary Arterial ~~~~~~~~Gommuter 0 Enhanced InterSection5 O Interchange - - - Gity Limits xxxxxxxxxx Local Commercial Circulation Element °'6 0 0.6 ,.z M~i~S Master Plan of Streets and Highways Exhibit 1 75~XI~~T 7 KO- 8/15/06 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING THE REQUEST TO AMEND THE GENERAL PLAN DESIGNATION, AND DENYING THE REQUEST TO REZONE THE PROPERTY LOCATED AT 407 NORTH MCCLAY STREET 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. General Plan Amendment No. 2006-01 has been filed with the City of Santa Ana to amend the General Plan to change the general plan designation from Professional and Administrative Office (PAO) to low Density Residential (LR-7). Applicant has also filed Amendment Application No. 2006-03 to rezone a parcel from Professional (P) to Single-Family Residence (R1) for the property located at 407 North Mcclay Street. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on July 24, 2006 on General Plan Amendment No. 2006-01 and Amendment Application No. 2006-03. The Planning Commission determined by a vote of 4:0 (Gartner and Lutz absent) to recommend that the City Council adopt a resolution denying General Plan Amendment No. 2006-01 and Amendment Application No. 2006-03. C. On August 21, 2006, the City Council of the City of Santa Ana held a duly noticed public hearing on General Plan Amendment No. 2006-01 and Amendment Application No. 2006-03. D. The land uses found along Fourth Street between Grand Avenue and the Santa Ana (I-5) Freeway consist mainly of both office and residential development. Except for the existing elementary school and the commercial zoned properties abutting Grand Avenue, all properties in this corridor are zoned Professional (P) and have a General Plan land use designation of Professional and Administrative Office (PAO). E. The Circulation Element of the General Plan classifies Fourth Street as a primary arterial street. Policy 4.5 of the Land Use Element encourages the development of employment centers that are adjacent to major arterial roadways such as Fourth Street. Resolution No. 2006-XXX 7 5A-15 Page 1 of 3 F. The current zoning and general plan designations facilitate a future employment center by allowing the conversion of residences along Fourth Street into viable office projects. G. The proposed General Plan Amendment No. 2006-01 to change the general plan designation from Professional and Administrative Office (PAO) to low Density Residential (LR-7) and the Amendment Application No. 2006-03 to rezone a parcel from Professional (P) to Single-Family Residence (R1) for the property located at 407 North Mcclay Street does not bear a substantial and reasonable relationship to the public welfare. H. The rezoning of 407 North Mcclay Street would be arbitrary and would not be consistent with the appropriate planning or land use criteria. I. In accordance with the California Environmental Quality Act, the proposed project is not a project as defined by the California Environmental Quality Act. Section 2. The City Council of the City of Santa Ana after conducting the public hearing hereby denies General Plan Amendment No. 2006-01, and Amendment Application No. 2006-03. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated August 21, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this day of 2006 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney Resolution No. 2006-XXX 75A-16 Page 2 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-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 Resolution No. 2006-XXX 7 5A-17 Page 3 of 3 75A-18