HomeMy WebLinkAbout FULL PACKET_2007-05-21ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY OF SANTA ANA AND
THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM.
JAS (4/10/07)
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 Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement
System ("PERS") by the execution of a contract, and sets forth the
procedure by which said public agencies may elect to subject themselves
and their employees to amendments to said law. Such a contract
currently exists between the City of Santa Ana and the Board of
Administration of the California Public Employees' Retirement System.
B. In accordance with provisions of the current Memorandum of
Understanding between the City of Santa Ana and the Santa Ana Police
Officers Association for fiscal years 2004-2008 the City agreed to amend
its contract with the Public Employees Retirement System to provide
section 20965 Credit for Unused Sick Leave benefits for local safety
members effective July 1, 2007. A copy of said proposed amendment is
attached hereto as Exhibit "A" and by this reference made a part hereof.
C. The Credit for Unused Sick Leave benefit allows a member to
convert unused accumulated sick leave at the time of retirement to
additional service credit pursuant to a formula established by PERS.
Section 2: That an amendment to the contract between the City of Santa Ana
and the Board of Administration of the Public Employees' Retirement System is hereby
authorized in accordance with the terms of Exhibit "A".
Section 3: That the Mayor and Clerk of the Council of the City of Santa Ana are
authorized, empowered and directed to execute said amendment for and on behalf of
the City of Santa Ana.
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
11A-1 \
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 2007.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Joseph A. Straka
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on ,and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council City of Santa Ana
Page 2 of 2 11 A-2
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Ca1PERS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Santa Ana
®.~
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public. agency,
hereinafter referred to as Public Agency, having entered into a contract effective July 1,
1947, and witnessed November 25, 1946, and as amended effective October 1, 1951,
February 1, 1954, September 1, 1956, July 1, 1959, November 1, 1960, September 1,
1963, April 1, 1964, February 1, 1965, Jahuary 16, 1969, November 1, 1970, June 1,
1974, December 16, 1976, December 1, 1978, October 1, 1981, July 1, 1984,
December 1, 1984, July 1, 1985, February 1,-1990, July 1, 1990, December 5, 1991,
April 15, 1993, June 16, 1994, January 1, 1995, December 5, 1995, July 5, 2000, March
8, 2001, July 1, 2001, April 5, 2002 and November 7, 2002 which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree
as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective November 7, 2002, and hereby replaced by the following paragraphs
numbered 1 through 12 inclusive:
All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members and age 50 for local safety
members.
11 A-3
a'LEASE DO ~J~T S~GiJ "E"rf~e
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1947 making its employees as hereinafter
provided, members of said System subject to all provisions of the Public
Employees' Retirement Law except such as apply only on election of a
contracting agency and are not provided for herein and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local. Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall
be determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
7. Public Agency elected and elects to be subject to the following optional
provisions:
a. Sections 21624 and 21626 (Post-Retirement Survivor Allowance).
b. Section 20042 (One-Year Final Compensation).
c. Section 20903 (Two Years Additional Service Credit).
d. Section 21548 (Pre-Retirement Optional Settlement 2 Death
Benefit).
11 A-4
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e. Section 21024 (Military Service Credit as Public Service).
f. Section 20965 (Credit for Unused Sick Leave).
g. Section 21574 (Fourth Level of 1959 Survivor Benefits).
8. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
December 16, 1976. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
9. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
10. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract td cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required bylaw.
c. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
11. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
11 A-5
12. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be ef€e~tive on the
BOARD OF ADMINISTRATI0I~1~`~~
PUBLIC EMPLOYEES' RETIY~~MENT SYSTEM
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BY
LORI MCGARTLAND
EMPLOYER SERVI ,
PUBLIC EMPLOYS=:
i DIVISION
RETIREMENT SYSTEM
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AMENDMENT ER#0137
PERS-CON-702A (Rev. 10\OS)
day of
CITY COUNCIL
CITY OF SANTA ANA
BY
PRESIDING OFFICER ',~`;.e
~~~.
Witness Date
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Attest: ~„~ "'
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11 A-6
SANTA ANA CITY COUNCIL COMMITTEE
PUBLIC SAFETY
Minutes of Meeting
March 27, 2007
CALL TO ORDER
The meeting was convened at 5:34 p.m. in City Hall, 20 Civic Center Plaza, 8~h
floor conference room, Santa Ana, California.
ATTENDANCE
Councilmembers present: Claudia Alvarez, David Benavides, and Sal Tinajero.
Staff present: City Manager David Ream, City Attorney Joe Fletcher, Assistant
City Attorney Paula Coleman, Police Chief Paul Walters, Fire Chief Phil Garcia,
Deputy Chiefs Tony Harrelson and Pete Jensen, Sgts. Marty Shirey and Doyle
Smith, PISS Yolanda Pena and Gina Rivera, PCCS Mike McCoy, Mark Lawrence
of the City Manager's office, and Janet Chop, Recording Secretary.
Public present: Glen and Julie Stroud, and Leah Fraser
SUMMARY OF DISCUSSIONS
1. APPROVAL OF MINUTES
Since previous Council members are no longer on the Committee, the
Minutes of July 10, 2006 were noted for the record.
2. LATINO HEALTH ACCESS' ALCOHOL PRESENTATION
Leah Fraser, PhD, Director of Policy for the Latino Health Access
reviewed the concerns of the Latino Health Access in regard to off-sale
establishments in Santa Ana. She suggested that the City place a
moratorium on off-sale stores in over-concentrated areas.
PIS Yolanda Pena gave the Police Department ABC License Policy
overview. She also covered the history of the City's ABC process and the
number of licenses in the City. The Committee requested that she come
back to the next meeting with the number of licenses based on census
tracts that were noted by the Latino Health Access.
3. ANIMAL SERVICES ISSUES
Sgt. Marty Shirey reviewed the animal services the City is currently
providing. She introduced Sgt. Doyle Smith who reviewed the concepts of
new ordinances that are being recommended by the Police Department
Animal Services Section.
It was the consensus of the Committee to have the recommended
Ordinances drafted by the City Attorney's Office.
13B-1
2
4. CITY WIDE BAN ON TAGGER SUPPLIES
Deputy Chief Tony Harrelson gave a presentation to answer the questions
and issues that were expressed at the February 5, 2007 City Council
meeting regarding graffiti enforcement and the Graffiti Task Force. He
reviewed each of the questions and gave the Police Department response
to them. He related that the Graffiti Task Force has developed an anti-
graffiti campaign that involves posters in both English and Spanish that
promote a reward for tagging-related convictions. Also, a web page will
be developed for the City's web site informing the public of operations,
rewards and general information about the graffiti program. He also
stated that GPS digital cameras will be installed in specific areas in the
near future.
5. PUBLIC COMMENTS
Julie Stroud encouraged the adoption of the new Animal Services
Ordinances.
Glen Stroud agreed that there should be penalty enhancements for
tagging.
6. COMMITTEE MEMBER COMMENTS
No further comments.
7. ITEMS FOR NEXT MEETING:
A. Identify 10 Problematic Locations
B. Gang Injunction Update
C. Gang Enhancements
D. Strike Force Update
E. Police Department Staffing
F. Census Tract Stats regarding ABC License Locations
G. Animal Services Ordinances
H. Fireworks Report
8. NEXT MEETING DATE -April 24, 2007, 5:30 p.m., Police Department, 60
Civic Center Plaza, 4~h Floor, Santa Ana, California.
ADJOURNMENT - 7:40 p.m.
~~
PAUL M. WALTERS
Chief of Police
jc
13 B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
DESTRUCTION OF
OBSOLETE CITY RECORDS
~~
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
Approve the requests for the destruction of obsolete records from various
City departments in accordance with the retention schedule outlined in
City Council Resolution 2006-045.
DISCUSSION
On July 3, 2006, the City Council approved a resolution outlining the
records retention schedule for the agencies, departments, and offices of
the City. City records are governed by the Public Records Act which
provides the time in which records need to be kept. The Citywide Records
Team compiled the Citywide Records Retention Schedule which sets forth
the retention period for a particular record. The Municipal Code
requires that the destruction of a City record be approved by the City
Attorney.
In accordance with Section SB of the Citywide Records Retention Schedule
Resolution, the City Attorney has approved the list of records proposed
for destruction from the departments as outlined in the attached
documents.
FISCAL IMPACT
There is no fiscal impact associated with this item.
19C-1
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MEMORANDUM
TO: Laura Speedy, Assistant City Attorney
City Attorney's Office
FROM: Patricia E. Healy, Clerk of the Council
DATE: May 2, 2007
RE: Request for Destruction of Records
The Clerk of the Council requests your consent to destroy city records on the attached
listing, in accordance with the retention scheduled outlined in City Council Resolution
No. 2006-045.
Thank you.
Patricia E. Healy,
Clerk of the Council
19C-2
CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
CLERK OF THE COUNCIL
2007
RECORD
CATEGORY RECORD
SERIES RECORD
DESCRIPTION RECORD
DATES
FPPC Campaign Statements Councilmembers, candidates for elected office, 1965-2004
Form 700 Conflict of political action committees
Interest Statements
Government Code t31009(g), original may be
Originals destroyed after storage in City Clerk's Laserfiche
system
PREPARED BY:
~" ~ 7
D to
CONSENT BY:
~ a~~i
Patricia E. Healy Date
Clerk of the Council
RECORDS DESTROYED:
Number o Boxes
APPROVED BY:
otl seph Fletcher ~~~ Dad
City Attorney
r
May 2007
I:\Records Destr\Clerk Destruction Documentation\Clerk's Records Destroyed Original Campaign Statements.doc
19C-3
CANDIDATE CAMPAIGN STATEMENTS (460, 470, 410) & CORRESPONDENCE:
(All contained in Laserfiche data base)
Acosta, John 1986-93
Andres, Ann 1994
Brandt, David 1975-78
Bricken, Gordon 1975-92
Brooks, Walter 1965-69
Burk, Davis 1965
Castro, Arthur 1994
Christy, Alberta 1994-04
Covington, Winston 2000-04
D'Carpio, Vital 2000-03
Dickerson, Coween 1993
Elizondo, Eleazar 2002-03
Evans, Vernon 1974-78
Fernandez, Jose 1999
Franklin, Brett 1996-04
Garthe, John 1973-78
Gilmore, James 1963
Gortazez, Elizabeth 1999-00
Greek, Don 2000
Griset, Dan 1979-93
Griset, Dan 1984-95
Griset, Lorin 1967-74
Hart, Wilson 1984-89
Harvey, Harry 1963
Heron, Wade 1965-69
Ibarra, Irene 2002
Johnson, Lee 1983-87
Lutz, Nancy 2000-01
Lutz, Tom 1992-00
Luxembourger, Robert 1978-90
Macias, Jose 2002-04
Mazkel, Ogden 1965-96
May, Ron 1986-90
McGuigan, Patricia 1981-03
Mendoza, Sal 1994
Mill, Sean 1993
Mills, Lisa 1991-97
Mondo, Glenn 1993-99
Morales, Mauro 2000-04
Moreno, Ted 1992-04
Moreno, Ted (St. Assembly) 2000
Morrisey, Michele 1999-01
19C-4
Norton, Rick 1989-94
Ortiz, David 1975-78
Palacios, Roman 1999
Patterson, Jerry 1969-73
Patterson, John 1993
Pulido, Miguel 1986-90
Rameriz, Armando 2000-01
Raya,John 1994
Richards, James 1994
Richardson, Robert 1990-98
Rocha, Mark 2000
Romero, Noemi 1994 & 99
Sarmiento, Vincent 2002-03
Serrato, Al 1979-83
Solorio, Jose 1996-01
Thurman, Thomas 1967
Vasquez, Deborah 2004
Vazquez, Ana 1992-94
Villa, Ray 1969-73
Villasenor, Jennifer 2003
Wagstaff, Joseph 1994
Ward, Jim 1973-80
Weymonth, Kay 1997
Williams, Frances 1992-94
Yamamoto, Harry 1973-80
Young, Daniel 1982-95
Young, Randell 1994
19C-5
CAMPAIGN STATEMENTS (460, 470, 410) & CORRESPONDENCE:
(All contained in Laserfiche data base)
A Better Santa Ana Committee 1991-94
Association of Orange Co. Deputy Sheriff s PAC 1999-00
Children & Education First 2000
Hospital & Service Employees Union, Loca1399 2000
Labor Community PAC 2000
Lincoln Club of Orange County 2000
Loca147, IBEW 2000
Orange County Federation of Labor Comm. 2000
Residents & Businesses Against Rent Control 1991
Santa Ana Citizens PAC 1991-94
Santa Ana Good Government Committee 1991-92
Santa Ana Mobile Home PAC 1991-93
Santa Ana Residents & Taxpayers Against Measure C 1999
Santa Ana Traditional Values Committee 1991
Service Employees International Local 347 1999-01
United Food & Commercial Workers PAC 1999-01
Correspondence Form Letters 2000-2004
19C-6
..~
MEMORANDUM
Laura Sheedy
To: City Attorney's Office Date:
Martha Ramirez
From: Commission Secretary
REQUEST FOR DESTRUCTION OF RECORDS
Subject:
17. 2007
The Planning & Building Agency -Planning Division requests your consent to destroy city
records on the attached listing, in accordance with the retention schedule outlined in City
Council Resolution 2006-045.
Thank you,
-~!
~
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19C-7
CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
PLANNING AND BUILDING AGENCY
2001 - 2003
RECORD RECORD RECORD RECORD
CATEGORY SERIES DESCRIPTION DATES
Home Occupancy Preliminary work materials;
CORRESPONDENCE incoming general correspondence 2001-2003
Incoming/Outgoing
General
Corres ondence
Neighborhood Review Preliminary work materials; 2001-2003
outgoing general correspondence,
ma contain Certified Mail recei is
Occupancy Permits Preliminary work materials; 2001-2003
- Denial outgoing general correspondence,
- Request for contain Certified Mail receipts
more information
- A royal
Conceptual Review Preliminary work materials; 2001-2003
out oin eneral Corres ondence
Verification of Zoning Preliminary work materials; 2001-2003
Com liance out oin eneral Corres ondence
Letters of Denial Preliminary work materials; 2001-2003
outgoing general correspondence,
contain Certified Mail recei is
PREPARED BY:
CONSENT BY:
Sri /I~~ ~+~ 1'l_, S. ~ . a ~-
Preparer Date Executiv Director Date
Planning & Building Agency
RECORDS DESTROYED:
13
Number of Boxes
APPROVED BY:
~-~
,~ ~ -,
Joseph Fletcher Date
City Attorney
19C-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
APPROPRIATION ADJUSTMENT
ACCEPTING THE BULLETPROOF VEST
PARTNERSHIP GRANT
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CITY ANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~` Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve an appropriation adjustment accepting the Department of Justice,
Office of Justice Programs Bulletproof Vest Partnership Program grant award
in the amount of $16,699 into the Police Department's General Fund revenue
and expenditure accounts.
The United States Department of Justice, Office of Justice Programs has
awarded the Santa Ana Police Department a 2006 Bulletproof Vest Partnership
(BVP) Program grant. The BVP grant will facilitate the City's ability to
purchase armor vests for police officers by providing the City with a fifty
percent reimbursement for each vest purchased. For 2006, the total
reimbursement amount is $16,699.
FISCAL IMPACT
The appropriation adjustment will enhance the Police Department's Expense
Reimbursement revenues (account no. 11-01-5621-331) and the Police
Department's Property & Evidence Division expenditures (account no. 11-3~3-
6391) by an amount of $16,699.
APPROVED AS TO FUNDS AND ACCOUNTS:
Paul M. Walters ~p~x ancisco Gutierrez
Chief of Police Executive Director
Police Department Finance & Mgmt. Services Agency
20A-1
20A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
APPROPRIATION ADJUSTMENT - FEDERAL
EMPOWERMENT 20NE YOUTH WORKFORCE
DEVELOPMENT PROGRAM
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2n0 Reading
^ Implementing Resolution
^ Sei Public Hearing For
CONTINUED TO
~. L. l't ~~/ FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Approve an appropriation adjustment recognizing $250,000 in Federal
Empowerment Zone funds allocated to the Santa Ana W/0/R/K Center
for a Federal Empowerment Zone Youth Workforce Development Program.
2. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute an agreement with the Santa
Ana Empowerment Corporation in the amount not to exceed $250,000
for the 2006-07 Federal Empowerment Zone Youth Workforce
Development Program.
DISCUSSION
On April 25, 2007, the Santa Ana Empowerment Corporation allocated
$250,000 to the City of Santa Ana W/0/R/K Center to provide a Youth
Workforce Development Program for 100 Federal Empowerment Zone youth
residents between the ages of 14-21. Participants in the program will
receive a work experience opportunity that will allow them to learn basic
work skills, work habits, and receive exposure to the relevance of
education for successful employment. The program will also provide
income to at-risk economically disadvantaged youth.
20B-1
FEZ Youth Workforce
May 21, 2007
Page 2
FISCAL IMPACT
Development Program
Upon approval of the appropriation adjustment, funds will be available in
the Federal Empowerment Zone Youth Workforce Development Program account
(account no. 129-055-various).
APPROVED AS TO FUNDS AND ACCOUNTS:
~~
St phen G. Ha ding
Deputy City nager for
Development Services
SGH/LM/mlr
H:\ACTIONS\2007 CC\FEZ YWDP V2 5-21-07.doc
~rancisco Gutierrez ,~
Executive Director
Finance & Management Services Agency
20B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
CONTRACT AWARD FOR A
LADDER TRUCK
(SPEC. NO. 07-053)
~ U
CI ANAGE
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
Award a contract to American LaFrance of Los Angeles, under the Cooperative
Purchase Provision of the City of Los Angeles, for the purchase of one
ladder truck in the amount not to exceed $799,929.54.
The Fire Department has adopted a comprehensive and systematic replacement
program for Fire Department emergency response vehicles. The program is
designed to replace outdated equipment in accordance with the National Fire
Protection Association (NFPA), Standard 1500. The standard recommends a
limit of 15 years to front line service units, with a reserve status of
five years. The standards are part of the requirements for maintaining a
recognized Class I Fire Department. Due to age, one 1988 LTI ladder truck
meets the schedule for replacement. The delivery time with American
LaFrance is twelve months. Additionally, the Finance & Management Services
Agency's Fleet Division reviewed the purchase in accordance with the City's
Hybrid and Alternative Fuel Vehicles Acquisition Policy. Currently, hybrid
trucks are not manufactured in the ladder truck category. In accordance
with the requirements of the Community Development Block Grant (CDBG) that
is funding this purchase, the ladder truck will be located within a CDBG
eligible area of the City.
Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase
against contracts from any public agency utilizing a competitive bid
process. The City of Los Angeles contract with American LaFrance of Los
Angeles for a 100-foot tractor drawn ladder truck was awarded as a result
of open, competitive bidding, and meets the City's requirements. The vendor
has agreed to extend the same terms and conditions of the contract; with a
7.46 percent increase for modifications requested by the Santa Ana Fire
Department to maintain standardization in the City's emergency response
vehicles.
22A-1
Contract Award
May 21, 2007
Page 2
FISCAL IMPACT
for Ladder Truck
Funds will be available in the fiscal year 2007-2008 Community Development
Block Grant CDBG Programs Capital Machinery and Equipment account in the
amount of $690,663.12 (account no. 135-149-6641). The remaining
$109,266.42 is available in the fiscal year 2006-2007 CDBG grant account.
APPROVED AS TO FUNDS AND ACCOUNTS:
/C~
Phi ip M. arcia
Fire Chie
PMG/KM/07-053.3:uc
/~(FTariC1SC0 Gutierrez
` Executive Director
Finance & Mgmt Services Agency
22A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
CONTRACTS RENEWAL FOR
MISCELLANEOUS AUTOMOTIVE PARTS
(SPEC. NO. 03-026)
1
~ ~~. ~~
(J.
CI MANAGE
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
Renew the contracts for miscellaneous automotive parts and non-stock items
for a one-year period in the following annual amounts not to exceed:
Vendor: Location: Amount:
Adamson Industries Costa Mesa $40,000
Orange County Auto Parts Santa Ana $30,000
The Fleet Maintenance Division of the Finance and Management Services
Agency_ regularly replaces miscellaneous automotive parts as part of the
preventative maintenance program for City vehicles. The parts are
purchased and inventoried at the City's Corporate Yard by Fleet Maintenance
Personnel. Non-stock items are ordered on an as-needed basis. The
contracts allow for automotive parts replacement as required.
On April 7, 2003, the City Council awarded contracts to the above listed
vendors for a two-year period, with provision for three one-year renewals.
The vendors have agreed to the final renewal option to the contracts, with
Orange County Auto Parts agreeing to renew the contract without an increase
in pricing. Adamson Industries product lines have been impacted by
increases in raw materials including plastic and steel, resulting in a
range of price increases up to seven percent.
The Adamson Industries contract is increasing to cover vehicle parts
provided to convert new Police sedans to fleet specifications under their
sole source contracts with specific manufacturers. Both vendors have
performed satisfactorily during the past contract period and staff
recommends the final renewal of the contracts.
22B-1
Contracts Renewal for Miscellaneous Automotive Parts
May 21, 2007
Page 2
FISCAL IMPACT
Funds are available in the Equipment Maintenance Garage Operation Operating
Materials & Supplies account (account no. 75-111-6391).
c~Francisco Gutierrez
Executive Director
Finance and Management Services Agency ~i
FG/KM/03-026R2.2:uc
22B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
CONTRACT RENEWAL FOR
SAFETY SHOES
(SPEC. NO. 06-078)
/~
MANAG
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 s' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Renew the contract with Dee's Shoes Inc. d/b/a Red Wing Shoes for safety
shoes for a one-year period in the annual amount not to exceed $40,000.
DISCUSSION
Employees from various departments require safety shoes while performing
job duties. Under the City's Memorandum Of Understanding with the employee
associations, the City agrees to provide up to $200 per fiscal year, per
applicable employee, for approved purchases of safety shoes and boots.
On July 3, 2006, the City Council awarded a contract to Red Wing Shoes for
a one-year period with provisions for two one-year renewals. The vendor has
performed satisfactorily during the past contract period and has agreed to
renew the contract with a five percent increase due to higher fuel, labor,
material and trucking expenses. Staff verified the safety shoes increase is
consistent with the market and Red Wing Shoes continues to offer us the
best price in our Santa Ana market. Staff recommends the first renewal of
the contract.
FISCAL IMPACT
Funds are available in the various departmental Uniform & Tools account and
Operating Materials & Supplies account (object codes 6331 and 6391).
T hCnf ~0~ ., .:Y~ .
c~,Francisco Gutierrez
Executive Director
Finance and Management Services Agency.
FG/KM/06-078R.2:uc
22C-1
22C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
CONTRACT AMENDMENT FOR
MOBILE COMPUTER SYSTEMS
(SPEC. NO. 06-126)
1
CIT MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s` Reading
^ Ordinance on Intl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Amend the contract with Tribalco to furnish all labor, materials and
equipment to install new mobile computer systems in Park Ranger vehicles,
by $55,123 for an amount not to exceed $1,554,913.
DISCUSSION
The Parks, Recreations and Community Services Agency maintains a fleet of
five Park Ranger vehicles. Park Rangers utilize mobile data computers to
receive calls from police department dispatch and communicate with other
Park Rangers and Police Department personnel.
On September 5, 2006 the City Council awarded a contract to Tribalco to
furnish and install mobile data computers in police vehicles, based upon
the City of Garden Grove's contract. To date all 150 first responder
vehicles have been upgraded with mobile data computers. Replacing the
obsolete computers in the five Park Ranger vehicles with new Tribalco
systems will allow the Park Rangers to maintain this important
communication link with the Police Department and other public safety
personnel. Tribalco has agreed to extend this pricing for the Park Ranger
vehicles. As a result, staff recommends Council approval of this action.
FISCAL IMPACT
Funds are available in the Finance Strategic Plan Machinery & Equipment
account (account no. 110-179-6641).
APPROVED AS TO FUNDS AND ACCOUNT:
Executive D
Parks, Rec.
Agency
T~\Q MN~bt .l I L.,~
l~~F'rancisco Gutierrez
Executive Director
Finance & Mgt. Svcs. Agency
~(~
22D-1
GM/SP/06-128.8:uc
22D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
AWARD FOR MID CITY
NEIGHBORHOOD WATER MAIN AND
MCFADDEN AVENGE SEWER
IMPROVEMENTS (PROJECT NOS.
07-3203 & 07-3515)
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
1. Award a contract to J.A. Salazar Construction & Supply Corporation,
the lowest responsible bidder, in accordance with unit bid prices in
the estimated amount of $2,283,520 for construction of Mid City
Neighborhood Water Main and McFadden Avenue Sewer Improvements.
2. Approve a Funding Analysis with a total estimated construction cost
of $2,855,200.
This project provides for the replacement of deteriorated and undersized
water facilities in the Mid City Neighborhood (Exhibit 1). These
improvements include new water mains, fire hydrants, main gate valves,
and water services. Once completed, water main breaks and leaks
associated with the older, deteriorated water mains will be eliminated.
In addition, water service capacity and fire protection to the areas
served by the new water mains will be enhanced.
This project also includes the replacement of deteriorated and undersized
sewer mains along McFadden Avenue from Bristol to Shelton Streets and
Shelton Street from McFadden Avenue to Cubbon Street (Exhibit 1). This
project will provide for installation of sewer mains, laterals, manholes,
and cleanouts. Once completed, the capacity of the sewer system will be
increased and the maintenance problems associated with older and
deteriorated sewer mains will be eliminated.
23A-1
Project Nos. 07-3203 & 07-3515
Mid City Neighborhood Water Main &
McFadden Avenue Sewer Improvements
May 21, 2007
Page 2
The Notice Inviting Bids was advertised on March 26 and 28, 2007, and
bids were opened on April 26, 2007. A summary of the bid invitations
mailed, the bids received, and the bid results follows.
Santa Ana Contractors receiving notices:
Contractors requesting bidding documents
Bids received:
Bids received from Santa Ana Contractors
NAME OF BIDDER
1
2
3
4
5
6
7
8
9
10
11
J.A. Salazar Construction & Supply
Corporation
J. Fletcher Creamer & Son, Inc.
Majich Brothers, Inc.
Steve Bubalo Construction Company
Highland Engineering
Vasilj Inc., DBA Ivanko
Zondiros Corporation
Cedro Construction, Inc.
SJ& B Group
Mike Bubalo Construction, Inc.
Palp, Inc. DBA Excel Paving Co.
8
27
11
1
CITY BID AMOUNT
La Habra $2
283
520.00
Heights ,
,
Sylmar $2,420,880.00
Altadena $2,449,350.00
Monrovia $2,466,300.00
Santa Ana $2,742,358.30
Irwindale $2,750,525.00
Torrance $2,864,066.63
Santa Paula $2,880,768.00
Riverside $2,908,220.00
Baldwin Park $2,958,987.50
Long Beach $3,115,860.00
A total of 11 bids were received and all were responsive. The lowest bid
was submitted by J.A. Salazar Construction & Supply Corporation, for
$2,283,520, which is below the Engineer's estimate of $2,999,748.
ENVIROHI+fENTAL IMPACT
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. Categorical Exemption,
ER No. 2007-01 has been filed.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of
$2,855,200 for the project (exhibit 2). Funds are available in the Water
Utility Capital Projects fund (account no. 66-579-6635, project no. 07-
3203) and the Sanitary Sewer Service fund (account no. 56-575-6631,
project no. 07-3515).
23A-2
Project Nos. 07-3203 & 07-3515
Mid City Neighborhood Water Main &
McFadden Avenue Sewer Improvements
May 21, 2007
Page 3
APPROVED AS TO FUNDS AND ACCOUNTS:
~~~?~~Lr~..- G2~~- ~~~ ~~-~~ Crud-~- ~-~
James G. Ross /Francisco Gutierrez
Executive Director b Executive Director
Public Works Agency Finance & Mgmt. Services Agency
x:\Construction\RFCA-draft\07-3203 AWARD OS-21-07 160 WD
23A-3
NTS
VICINITY MAP
exr~rr i
SANT^A A/N~A
Pi Age dauDate
~~ .o«~ ,~„~. MAY 2L 2007
Title
JG pT1ON Fi
(~ asl
FUNDING ANALYSIS
PROJECT NOS. 07-3203 AND 07-3515
MID CITY NEIGHBORHOOD WATER MAIN AND MCFADDEN AVENUE SEWER IMPROVEMENTS
Construction Contract $2,283,520
Contract Administration $ 48,200
Inspection and Testing $ 155,770
Survey Staking $ 139,358
Contingencies $ 228,352
TOTAL ESTIMATED CONSTRUCTION COSTS $2,855,200
Exhibit 2
23A-5
23A-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
AWARD FOR VALLEY ADAMS
NEIGHBORHOOD WATER MAIN
IMPROVEMENTS (PROJECT NO. 07-
3204)
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s' Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Award a contract to Robert B. Castognia, Inc., the lowest responsible
bidder, in accordance with unit bid prices in the estimated amount of
$1,244,477 for construction of Valley Adams Neighborhood Water Main
Improvements.
2. Approve a Funding Analysis with a total estimated construction cost
of $1,585,000.
DISCUSSION
This project provides for the replacement of deteriorated and undersized
water facilities in the Valley Adams neighborhood (Exhibit 1) and
includes the installation of new water mains, fire hydrants, main gate
valves, and water service assembles. Once completed, water main breaks
and leaks associated with the older water mains will be eliminated. In
addition, water service capacity and fire protection to the areas served
by the new water mains will be enhanced.
The Notice Inviting Bids was advertised on February, 30 and 31, 2007, and
bids were opened on April 26, 2007. A summary of the bid invitations
mailed, the bids received, and.the bid results follows.
Santa Ana Contractors receiving notices:
Contractors requesting bidding documents:
Bids received:
Bids received from Santa Ana Contractors:
8
31
16
1
23B-1
KtI:VMMtNUtU AG 1 IUN
Valley Adams Water Main Neighborhood
Improvements
May 21, 2007
Page 2
NAME OF BIDDER
1. Robert G. Castongia, Inc.
2. West Valley Construction
3. J. A. Salazar Construction & Supply
4. Fletcher Creamer & Son, Inc.
5. Dominguez General Engineering
6. Desigio Construction, Inc.
7. Steve Bubalo Construction Co.
8. Accord Engineering, Inc.
9. Vasilj, Inc. DBA Ivanko
10. SJ & B Group
11. Cedro Construction, Inc.
12. Majich Bros., Inc.
13. Zondiros Corp.
14. Palp, Inc. DBA Excel Paving Co.
15. Mike Bubalo Construction Co., Inc.
16. Mladen Buntich Construction, Inc.
CITY BID AMOUNT
Downey $1,244,477.00
San Jose $1,371,430.00
La Habra Hghts $1,516,991.50
Sylmar $1,635,559.00
Rosemead $1,636,450.00
Arcadia $1,648,782.00
Monrovia $1,679,747.00
Santa Ana $1,733,867.00
Irwindale $1,795,602.00
Riverside $1,816,824.00
Santa Paula $1,848,488.00
Altadena $1,861,700.00
Torrance $1,879,212.38
Long Beach $2,005,202.00
Baldwin Park $2,240,300.00
Upland $2,496,683.00
A total of 16 bids were received and all were responsive. The lowest bid
was submitted by Robert G. Castongia, for $1,244,477, which is below the
Engineer's estimate of $2,000,000.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. Categorical Exemption,
ER No. 2007-06 has been filed.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of
$1,585,000 for the project (exhibit 2). Funds are available in 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\07-3209 AWARD 05-07-07 160 WD
23B-2
0
~~~ ~ ~
EDINGER AVE
VICINITY MAP
EXFBf 1
saN-a aNa Tit~~ VALLEY ADAMS NEK3HBORHOOD
City Counci WATER MAIN IMPROVEMENTS
P. ~1~ A . Agenda D8te ~P~~ 07-3204)
~~.~~.~ ~~. MAY 21, 2007
FUNDING ANALYSIS
PROJECT NO. 07-3204
VALLEY ADAMS NEIGHBORHOOD WATER MAIN IMPROVEMENTS
Construction Contract
Contract Administration
Inspection and Testing
Survey Staking
Contingencies
TOTAL ESTIMATED CONSTRUCTION COSTS
Exhibit 2
$1,244,477
$38,076
$112,000
$66,000
$124,447
1 585,000
23B-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
CONTRACT AWARD FOR FIRST
STREET AND EDINGER AVENUE
REHABILITATION (PROJECT NOS.
06-1711 AND 06-1719)
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
VII T"IVIl11 V/1V Crt
V
ECOMMENDED ACTION
1. Award a contract to R. J. Noble Company, the lowest responsible
bidder, in accordance with unit bid prices in the estimated amount of
$1,035,840 for construction of First Street and Edinger Avenue
Rehabilitation.
2. Approve a Funding Analysis with a total estimated construction cost
of $1,294,800.
DISCUSSION
The segment of First Street between the West City Limits and Euclid
Street, and Edinger Avenue between Euclid Street and Newhope Street have
been identified as a high priority on the City's Pavement Management
System (Exhibit 1). The pavement is deteriorating due to weather, age,
and heavy usage. Some of the adjacent curbs, gutters, sidewalks, and
driveway approaches are also in various states of disrepair and require
replacement.
This project provides for construction of new street pavement,
replacement of damaged concrete curbs, gutters, sidewalks, cross gutters,
driveway approaches, and wheelchair ramps. Once completed, these
improvements will enhance the ride quality, surface drainage and visual
appearance of the street.
The Notice Inviting Bids was advertised on March 16 and 19, 2007, and
bids were opened on April 11, 2007. A summary of the bid invitations
mailed, the bids received, and the bid results follow.
23C-1
Project Nos. 06-1711 & 06-1714
First Street and Edinger
Avenue Rehabilitation
May 21, 2007
Page 2
Santa Ana Contractors receiving notices: 8
Contractors requesting bidding documents: 17
Bids received: 6
Bids received from Santa Ana Contractors: 1
NAME OF BIDDER CITY BID AMOUNT
1. R. J. Noble Company Orange $1,035,840.00
2. Hardy & Harper, Inc. Santa Ana $1,078,000.00
3. Sequel Contractors, Inc. Santa Fe Springs $1,122,151.00
4. All American Asphalt Corona $1,125,825.00
5. Elite Bobcat Service, Inc. Corona $1,144,393.00
6. Excel Paving Company Long Beach $1,232,991.75
A total of 6 bids were received and all were responsive. The lowest bid
was submitted by R. J. Noble Company, for $1,035,840, which is below the
Engineer's estimate of $1,305,065.
ENVIRONMENTAL IMPACT
Environmental Review Nos. 2007-67 and 2005-89 have been completed and a
Categorical Exemption shall be filed for Project Nos. 06-1711 and 06-
1714, respectively, upon award of contract pursuant to the California
Environmental Quality Act.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of
$1,294,800 for the projects (Exhibit 2). Funds for Project Nos. 06-1711
and 06-1714 are available in the following accounts; Select Street
construction Fund (account no. 59-551-6631) and the Measure M
Construction Fund (account no. 32-551-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
James G. Ro s C/T~ Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Mgmt. Services Agency
K:\Construction\RFCA-draft\2007\06-1711 and 06-1719 EdingerRehab 5-21-07.doc 70 WD
23C-2
e
0
U~
LLI
FIRST STREET REHABILITATION WEST CITY LIMITS TO EUCLID STREET
PROJECT NO. 06-1711
FEDERAL PROJECT NO. STPL 5063(104)
I-
7
W
t-
F
EDINGER AVENUE REHABILITATION: EUCLID STREET TO NEWHOPE STREET
PROJECT N0.06-1714
FEDERAL PROJECT NO. STPL 5063(107)
® PROJECT LIMITS
EXHIBIT 1
",s,
s°"TA °~'° T~TLB FIRST STREET REHABILITATION
V EDINGER AVENUE REHABILITATION
o~~~~ .ow~= a~
CITY OF SANTA ANA WCL
~ ~
3
FUNDING ANALYSIS
PROJECT NOS. 06-1711 AND 06-1714
FIRST STREET REHABILITATION FROM WEST CITY LIMITS
TO EUCLID STREET
AND
EDINGER AVENUE REHABILITATION FROM EUCLID TO
NEWHOPE STREETS
Construction Contract $1,035,840
Contract Administration $ 29,776
Inspection and Testing $ 68,570
Survey Staking $ 57,030
Contingencies $ 103,584
TOTAL ESTIMATED CONSTRUCTION COSTS $1,294,800
Exhibit 2
23C-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2007-01 FOR THE
PROPERTY LOCATED AT 1923 NORTH
GREENLEAF STREET
CI MANA R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~' Reading
^ Ordinance on 2n° 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 Sara Chesters,
property owner, for the structure located at 1923 North Greenleaf 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 Sara Chesters, property owner, for the structure located
at 1923 North Greenleaf Street at its May 3, 2007 meeting by a vote of
7:0 (Bustamante and Rogers absent).
DISCUSSION
After the public hearing on May 3, 2007, 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. 2007-01
May 21, 2007
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $86.92 to $434.60 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
J M. Trevino ',/Francisco Gutierrez
Executive Director "Executive Director
Planning & Building Agency Finance & Management Services Agency~r_
HS:rb
he\hiatoric info\mi11e act agreements\1923_N_Greenleaf \hppa09-Ol.cc
25A-2
REQUEST FOR
Historic Resources Commission Action
HISTORIC RESOURCES COAAN~ON MEETNG DATE
MAY 3, 2007
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2007-01 FOR THE PROPERTY
LOCATED AT 1923 NORTH GREENLEAF STREET
Prepared by Hally Soboleske
HISTORIC RESOURCES COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
CONTINUED TO
Executive Director Planning Ma ger
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 Sara Chesters, property owner, for the structure located
at 1923 North Greenleaf Street.
Request of Applicants
The applicant, Sara Chesters, property owner, requests the approval of
Historic Property Preservation Agreement No. 2007-O1 (Mills Act) between
the property owner and the City of Santa Ana.
Property Description
The subject property includes a one and a half-story residence and a
detached garage located at 1923 North Greenleaf Street. The property is
within the Floral Park neighborhood and the surrounding land uses are
residential.
Analysis of the Issues
In March 1999, the City Council approved an ordinance authorizing
Historic Property Preservation Agreements (HPPA), commonly known as the
Mills Act contracts, for eligible historic properties. The agreement
provides monetary incentive to the property owner in the form of a
property tax reduction in exchange to the owner's voluntary commitment
to maintain the property in a good state of repair and to rehabilitate
the property as necessary. Once recorded, the agreement triggers the
use of a different valuation method in determining the property's
assessed value, thereby resulting in potentially significant property
tax savings for the owner.
EXHIBIT A
25A-3
HPPA No. 2007-01
May 3, 2007
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 April 2007 by the Historic Resources
Commission (Exhibit 1).
Upon consideration of the application, it is recommended that the City
enter into a Historic Property Preservation Agreement (Exhibit 2) 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.
Rally Sob leske
Associate Planner
HS:jm
hs\historic info\mi11s act agreements\1923 N Greenleaf \hppa 0'/-Ol.hrc
25A-4
EXECUTIVE SUMMARY
BARCK HOUSE
1923 North Greenleaf Street
Santa Ana, CA 92706
NAME Barck House REF. NO.
ADDRESS 1923 North Greenleaf Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1923 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SSl
Location: ^ Not for Publication ®Unrestricted
^ Prehistoric ®Historic ^ Both
ARCHITECTURAL STYLE: Craftsman Bungalow
Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman azchitecture was populazized by The
Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of
Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed
honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A
new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of
capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and
hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive
use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and
broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early
1920s (McAlester, 453-463).
SUMMARY/CONCLUSION:
The Barck House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the
distinguishing chazacteristics of the Craftsman style. Additionally, the house has been categorized as "Contributive" because it
"contributes to the overall character and history" of the Floral Park neighborhood and, as intact and characteristic example of a
Bungalow/Craftsman style home, "is a good example of period architecture" (Municipal Code, Section 30-2.2).
EXPLANATION OF CODES:
• California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7,
"How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.)
3: It embodies the distinctive chazacteristics of a type, period, region, or method of construction, or represents [he
work of a master, or possesses high artistic values.
• California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.)
SSl: Individual property that is listed or designated locally.
.{~f~B~ 1
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
Paae 1 of 3 Resource name(s) or number (assigned by recorder) Bamk House
P1. Other Identifier:
*P2. Location: ^Not for Publication ^Unrestricted 'a. County Orange County
'b. USGS 7.5' Quad TCA2555 Date:
'c. Address 1923 North Greenleaf Street City Santa Ana Zip 92706
*e. Other Locational Data: Assessor's Parcel Number 002-103-16
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
This one and one-half story residence of rectangular plan features elements of the Bungalow/Craftsman style. Clad in wood
shingles, the house is capped by afront-gabled roof of medium pitch. Centered in the gable end on the upper story, a band of
four-over-one, wood-frame double-hung sash windows are flanked by decorative wood shutters. Occupying [he south half of
the lower level fagade, a broadly proportioned group of three sixover-six, wood-frame, double-hung sash windows are also
framed by wood shutters. The lower level windows are accented with a wood ledge that rests on wood brackets. The
remaining elevations feature similar fenestration of multi-paned wood frame sash windows with decorative shutters. A pair of
French doors opening from the north half of the lower fagade and north-facing shed-roof dormer may have been added to the
residence at a later date (date unknown). A tall bdck chimney attached to the south elevation was replaced in 1933 and is
anchored by a metal rod. A noncontributive, stucco-clad garage is located in the southeast corner of the property. The
residence is situated on a landscaped lot, facing west towards Greenleaf Street and retains a good level of integrity.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property
*P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other
Photo
trkl.;
*Pt 7. Report Citation: (Cite survey report and other sources, or enter "none")
P5b. Photo: (view and date)
West elevation
March 2007
*Pti. Date Constructed/Age and
Sources: ^historic
1923/City of Santa Ana Building
Permits
'P7. Owner and Address:
Sara Chesters
1923 North Greenleaf
Santa Ana, CA 92706
*P8. Recorded by:
L. Neumann and S. Carmack
Sapphos Environmental, Inc.
133 Martin Alley
Pasadena, Califomia 91105
'Pg. Date Recorded:
March 9, 2007
'Pf 0. Survey Type:
Intensive Survey Update
*Attachments: ONone ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record
OArchaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record
OArtifact Record ^Photograph Record ^ Other (list)
DPR 523A (1/95) 'Required information
25~f ~
State of California-The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 3 *CHR Status Code 5S1
[resource name or s: rsarcrc House
61. Historic Name: Barck House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence
*B5. Architectural Style: Bungalow/Craftsman
*B5. Construction History: (Construction date, alterations, and date of alterations): Constructed 1923
December, 1923. Residence and garage, $4,500.
February 2, 1925. Alterations, $75.
September 15, 1925. Alterations, $200.
January 30, 1929. Addition to the residence, $50.
March 30, 1933. Fireplace chimney rebuilt.
August 14, 1933. Alterations, $250..
July 2, 1999. Replace wood shingle roof with rolled composition roofing.
*B7. Moved? ^No Yes OUnknown Date: Original Location:
*B8. Related Features:
Mature tree in front lawn.
69a. Architect: Unknown b. Builder: Unknown
*B10.Significance: Theme ResidentialAmhitecture Area Santa Ana
Period of Significance: ciroa 1888-1953 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity)
The Barck House is architecturally significant as an intact and representative 1920s residence featudng elements of the
Bungalow/Craftsman style. According to the original building permit, dated December, 1923, the residence and garage were
constructed at a cost of $4,500 for Mr. A. John Barck, a building contractor, and his wife Elfdede, presumably as an investment
property. By 1925, Walter S. Spicer, a yard manager for Barr Lumber Company, and his wife Faye were listed as occupants of the
residence. Mr. and Mrs. Spicer lived in the residence until 1941. Between 1941 and 1956, the residence was occupied by Joseph
Smith. City directories indicate that Mr Smith was a civil servant, initially serving as a city employee, then as a Farm Labor Office
field assistant, and rising to the position of supervisor for the State Employment Department. Mr Smith resided in the home with his
wife Dorothy, until circa 1955. In 1956, Mr Smith and wife, Rachel S. Smith are listed as occupants of the residence.
(See Continuation Sheet 3 of 3.)
B11. Additional Resource Attributes: (List attributes and
*B12.References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanborn Maps
(See Continuation Sheet 3 of 3.)
B13. Remarks:
*614. Evaluator: Leslie J. Neumann
*Date of Evaluation: March 9, 2007
(This space reserved for official comments.)
Sket ch M ap
t~ V
, ~ 002-103-16
1923 North Greenleaf
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DPR 523B (1195)
'Required information
25~f 47
State of California-The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page 3 of 3 Resource Name or # (Assigned by recortler) Bamk House
'Recorded by Leslie J. Neumann and Shannon Carmack *Date March 9, 2007 ~ Continuation ^ Update
*610. Significance (continued):
Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as
Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of
Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection
as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods
developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with
cultivated fields and orchards dotted with widely scattered farmhouses.
The Barak House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth
Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered
ranch houses characterized this area before 1920. Developer and builderAllison Honer (1897-1981), credited as the
subdivider and builder of a major poRion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922
(Talbert, pages 353-356). 'Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month,
he began building custom homes in Santa Ana" (Orange Countv Register. September 15, 1981). The parcel chosen became
the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park
homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange Countv Register.
September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral
Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison
Honer Construction Company went on to complete such notable projects as the 1935 AR Deco-styled Old Santa Ana City
Hall, the EI Toro Marine Base during Wodd War ll, and [he 1960 Honer Shopping Plaza. Honer lived in [he neighborhood he
had helped create, at 615 West Santa Clara Avenue.
In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral
Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa
Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial
Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as
numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style.
In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2006), Floral Park maintains
its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The Barak House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification
of the distinguishing characteristics of the Bungalow/Craftsman style. Typical stylistic features illustrated by the house include
the front-gabled roof of moderately steep pitch, the clustering of multi-light sash windows into horizontal bands and the wood
shingle wall cladding. Additionally, the house has been categorized as "Contributive" because i[ "contributes to the overall
character and history" of the Floral Park neighborhood and, as an intact and characteristic example of a Bungalow/Craftsman
style home, `Is a good example of period architecture."Character-defining exterior features of the Barak House that should
be preserved include, but may not be limited to, materials and finishes (shingles); roof configuration and detailing; massing;
original windows and doors and their surrounds where extant; and chimney.
*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 Amedcan Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. "How [o Complete the National Register Registration Form." Washington DC: National
Register Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. `Instructions for Recording Historical Resources."Sacramento: March 1995.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
`Alison Honer Dies at 84,"The Santa Ana Journal September 21, 1981.
'Builder of Honer Plaza Dies,"Orange Countv Resister. September 15, 1981.
'History of Floral Park." http://www.floral-park.com/page2.html.
Santa Ana and Orange County Directories, 1932-1954.
Cynthia Ward, Anaheim. "Barak-Spicer House Primary Record and Building, Structure and Object Record,"January 2007.
DPR 523E ~ C~1 Q
MILLS ACT AGREEMENT
1923 North Greenleaf Street
Santa Ana, CA 9210ti
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 ("Agreemenf~ is made and entered into this May 21, 2007 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 Sara Chesters, (hereinafter referred to as "Owner"), owner of real property
located at 1923 North Greenleaf Street, Santa Ana, California, 92706 in the County of Orange
and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act") to enter into
contracts with 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 1923
North Greenleaf Street, Santa Ana, CA, 92706 and more particularly described
in Exhibit "A," attached hereto and incorporated herein by reference, and
hereinafter referred to as the "Historic Property".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. The City and the Property Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultura] 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 carved out in an exemplary manner.
"EXHTBI1r 2
MILLSACTACREEMENT
1923 North Greenleaf Street
Santa Ana, CA 92706
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on May 21, 2007, and shall remain in
effect for a term of ten (10) yeazs 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 yeaz 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~A-10
MILLSACTAGREEMENT
1923 Nonh Greenleaf Street
Santa Ana, CA 92706
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its chazacter-
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
Standazds 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 landmazk 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 aze 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 Boazd 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.
2vA-11
MILLS ACT AGREEMENT
1923 North Greenleaf Street
Santa Ana, CA 92706
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner 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 Goverment Code
Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half
(12 %) percent by Government Code Section 50286) of the current fair market value of the
property at the time of the cancellation, as determined by the county assessor, without regard to
any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural
disaster such that in the opinion of the City Building Official more than sixty (60) percent of the
original fabric of the structure must be replaced, this Agreement shall be canceled because, in
effect, the historic value of the structure will have been destroyed. No fee shall be imposed in
the case of destruction by acts of God or natural disaster.
c. If the Historic Property is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be
cancelled and no fee imposed, as specified in Government Code Section 50288.
6. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the Agreement as
referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the
Agreement. In the event of a default, under the provisions to cancel the Agreement by the
Owner, the City shall give written notice to the Owner by registered or certified mail, and if such
a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for
Development Services or designee within thirty (30) days thereafter, or if not corrected within
such a reasonable time as may be required to cure the breach or default, or default cannot be
cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced
within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner),
then the City may, without further notice, declare a default under the terms of this Agreement
and may bring any action necessary to specifically enforce the obligations of the Owner growing
out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief
against any violation by the Owner or apply for such relief as maybe appropriate.
b. The City does not waive any claim of default by the Owner if the City does not
enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in the City's regulations governing historic properties are
available to the City to pursue in the event that there is a breach of this Agreement. No waiver by
-4-
25A-12
MILLSACTACREEMENT
1923 North Greenleaf Street
Santa Ana, CA 92706
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owner hereby subjects the Historic Property, located at 1923 North
Greenleaf Street, Assessor Parcel Number, 002-103-16, 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: Sara Chesters
1923 North Greenleaf Street
Santa Ana, CA 92706
2vA-13
MILLS ACT AGREEMENT
1923 North Greenleaf Street
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner'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.
£ 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-14
MILLSACTACREEMENT
1923 North Greenleaf Street
Santa Ana, CA 92706
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. Notice of the Contract to Office of Historic Preservation.
No later than six (6) months of entering into the contract, the owner or agent of an owner
shall provide written notice of this Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded
instrument executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
PROPERTY OWNERS
Date:
CITY OF SANTA ANA
DAVID N. REAM
City Manager
By:
Sara Chesters
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
-~-
25A-15
MILLSACTAGREEMENT
1923 North Greenleaf Street
Santa Ana, CA 92706
Exhibit A
That portion of the Southwest quarter of the southeast quarter of Section 1, Township
South, range 10 West, bounded and described according to a map of surveys of said laud
recorded November 9, 1926 in Book 3, Page 6, Records of Survey, Orange County, as
follows:
Beginning at a point easterly tine of Greenleaf Street, and shown on a map above
mentioned, distant thereon north 0 degrees, 54' east 97.84 east from an iron pipe set at the
northwest corner of Lot 1, Block A, Tract 256, as shown on a Map recorded in Book 14,
Page 23, Miscellaneous Maps, Records of Orange County.
Thence North 0 degrees 54' east along said easterly line of Greenleaf Street 48.67 feet;
thence north 89 degrees 48'30" east 168.4 feet; thence south 0 degrees 54' west parallel with
said easterly line of Greenleaf Street, 48.75 feet; thence 89 degrees 51'0" west 168.4feet to
the point of beginning.
Assessor's Parcel Number: 002-103-16
-A-
25A-16
MILLSACTAGREEMENT
1923 North Green[eafStreet
Santa Ana, CA 92706
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its environment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should be avoided when
possible.
3. All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from the other buildings or
structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological
resources affected by, or adjacent to any project.
9. Contemporary design for alternations and additions to existing properties shall not
be discouraged when such alterations and additions do not destroy significant
historical, architectural or cultural material, an such design is compatible with
-9-
25A-17
MILLSACTAGREEMENT
1923 North Greenleaf Sdreet
Santa Ana, CA 92706
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
-10-
25A-18
MILLSACTAGREEMENT
1923 North Green[eafStreet
Santa Ana, CA 92706
Exhibit C
(photographs attached)
-11-
25A-19
12-
25A-20
MjyyS ACh ~~ge~e fs ree6
1923 ~p1K a CA 92706
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MILLSACTAGREEMENT
1923 North Greenleaf Street
Santa Ana, CA 92706
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25A-21
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25A-22
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
CONTRACT AWARD WITH JONES & STOKES
TO PREPARE A MITIGATED NEGATIVE
DECLARATION (MND) FOR THE CALIFORNIA
PALMS TRANSIENT/RESIDENTIAL HOTEL
AND APPROPRIATION A//D/~fJUSTMENT
~Il '... .. ~lfs~~~/
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s' Reading
^ Ordinance on Intl 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 Jones and
Stokes to prepare a Mitigated Negative Declaration (MND) and related
technical studies for the California Palms transient/residential
hotel in an amount not to exceed $20,000, pending receipt of funding
from developers.
2. Approve an appropriation adjustment recognizing $20,000 in the 2006-
2007 FY revenue account for environmental review fee for the
California Palms residential hotel (account no. 11-01-5452-117) and
appropriating $20,000 to the Planning and Building Agency 2006-2007
FY budget allocation in the account for contractual services
(account no. 11-505-6291) for payment to Jones & Stokes.
Staff has been working with Advanced Real Estate Services, Inc. who
intended to pursue a transient/residential hotel project at 801 and 901
South Harbor Boulevard. Staff has prepared a preliminary environmental
analysis and identified a number of environmental impacts that could be
associated with the implementation of the proposed project. Therefore
the preparation of a Mitigated Negative Declaration (MND) for the project
is required. Advanced Real Estate Services has agreed to pay for the
cost of all necessary studies and will be funding the recommended
contract in its entirety.
Staff is recommending an agreement for this project with Jones and Stokes
due to the technical expertise that they have in environmental analysis
for complex projects. Jones and Stokes has previously prepared
environmental documents for projects throughout the City. This contract
will continue to build on that successful effort. Additionally, Jones
25B-1
Agreement with Jones & Stokes
May 21, 2007
Page 2
and Stokes is included in the City's list of qualified environmental
consultants and is not under contract with the applicant on any other
project. Jones and Stokes currently have a $65,000 contract with the
City for other environmental services. Staff recommends that the City
Council authorize an additional agreement with Jones and Stokes to
prepare the Mitigated Negative Declaration for the California Palms
transient/residential hotel project for a total amount of $20,000.
Environmental Impact
The awarding of a contract for preparation of an environmental impact
report is statutorily exempt from CEQA.
FISCAL IMPACT
The applicant for the project, Advanced Real Estate Services, Inc. will
deposit the full amount of the contract with the City of Santa Ana, in a
special account for the proposed project. The appropriation adjustment
will increase the anticipated revenue in the special revenue account for
the project (account no. 11-01-5452-117) by $20,000 and increase the
Planning and Building Agency allocation for contractual services by
$20,000 (account no. 11-505-6291) for payment to Jones & Stokes.
APPROVED AS TO FUNDS AND ACCOUNTS:
~~~~,
Jay Trevino ,,(./Francisco Gutierrez
E tive Director "U -Executive Director
Planning & Building Agency Finance & Management Services Agency/~
AN:rb ~
AN \Cal Palms\Cal palms FWD cons rac0.cc
25B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
RENEW AGREEMENT WITH CIVIC
COLLECTIONS, INC. FOR ANIMAL
LICENSE FEE COLLECTION PROGRAM
`~~~ ~ ~i'A,IAAIl~,tlf~lA~
~'° CIT ANAGE
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 Civic Collections, Inc.
for collection of new and delinquent dog license fees and penalties for an
additional one-year term in an amount not to exceed $100,000.
DISCUSSION
In April 2001, Civic Collections, Inc. (CCI) was reinstated as the City's
collection agency for delinquent dog license fees, penalties, and new dog
license fees. Under the terms of the agreement, CCI is compensated in the
amount of fifty percent for each dog license fee collected, fifty cents for
each new dog license sold, and fifty cents for each rabies vaccination
certificate issued. CCI is projected to generate $120,000 for the City
during the fiscal year based on current estimates. Staff recommends the
renewal of this agreement as CCI has performed satisfactorily during the
previous agreement period.
FISCAL IMPACT
Approval of the recommended action will enhance the Dog License revenue
account (account no. 011-01-5951-100) as funds are received.
APPROVED AS TO FUNDS AND ACCOUNTS:
i _ ._.
Paul M. Walters
Chief of Police
Police Department
nMO~nQyl `0-Q_.
Francisco Gutierrez ,.I,~/
Executive Director "-d
Finance & Mgmt. Services Agency
25C-1
25C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
LEASE AGREEMENT WITH MEXICAN AMERICAN
OPPORTUNITY FOUNDATION
i (~
(~" _~
ITY 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
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute a twelve-month lease for office
space with the Mexican American Opportunity Foundation.
DISCUSSION
For the past seven years, the City of Santa Ana through the Santa Ana
WORK Center has leased office space from the Mexican American
Opportunity Foundation (MAOF) for the establishment of a WORK Center
satellite office. This office provides employment services such as
computer usage, Internet access for job search, job search workshops,
resume preparation assistance and referrals to community service,
training, and education resources for Empowerment Zone residents. The
Santa Ana WORK Center would like to continue leasing this space from
MAOF in order to continue to provide these necessary resources to
community residents.
The office space, located at 502 S. Ross, Santa Ana, is 323 square feet
with a monthly lease rate of $1.20 per square foot for an amount not to
exceed $4,656 during the twelve month term of the lease which will be
effective July 1, 2007, through June 30, 2008.
25D-1
Lease Agreement with MAOF
May 21, 2007
Page 2
FISCAL IMPACT
Funds for this contract are available in the Empowerment Zone Service
Navigator SAWC account (account no. 129-035-6294).
APPROVED AS TO FUNDS AND ACCOUNTS:
~, ~~
St hen G. Har ing
Deputy City Ma ager for
Development Services
Francisco Gutierrez ~yJ
Executive Director
Finance & Management Services Agency
SGH/BG/m1r
H:\ACTIONS\200'7 CC\LeaSeAgxeeMAOF 5-21-07.doc
25D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
AGREEMENT AWARD FOR LITTER CONTROL
AND MAINTENANCE IN DOWNTOWN SANTA
ANA (RFP NO. 07-048)
1
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
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with L.A. CHA
Maintenance Company for litter control and maintenance in the Downtown
for a two-year period with a provision for three one-year renewals.
The Downtown area includes approximately 600 retail, service and
professional businesses. The comprehensive scope of services includes:
litter pickup and trashcan maintenance. Additional services include
painting; cleaning parking meters, light poles, bollards and outdoor
furniture; sidewalk-blowing to assist street sweeping; and maintaining
high standards of cleanliness for alleys and bus stops.
A Request for Proposals was advertised on April 25 and 26, 2007, and
proposals were solicited. A summary of the proposals requested and
received is as follows:
10 Request for Proposals mailed
6 Request for Proposal mailed to Santa Ana vendors
2 Proposals received
0 Proposal received from a Santa Ana vendor
On May 7, 2007, two proposals were received. The proposals were
evaluated by a City team comprised of representatives from the Public
Works Agency and Community Development Agency using the following
criteria: organizational credentials, experience, work plan and
pricing. The maximum obtainable score is 500. The ratings for the two
respondents are as follows:
25E-1
25E-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
AMENDMENT TO AGREEMENT FOR THE
U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT HOUSING
OPPORTUNITIES FOR PERSONS WITH
AIDS PROGRAM FY 2006-07
'; ~~ ~,~
TY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s' Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an amendment to the agreement between
the City of Santa Ana and the County of Orange Health Care Agency in the
amount of $30,750.
DISCUSSION
Since 1993, the City of Santa Ana has received federal funds through the
U.S. Department of Housing and Urban Development for the Housing
Opportunities for Persons with AIDS (HOPWA) program. The HOPWA program
is designed to provide resources and incentives for long-term
comprehensive strategies to meet the housing needs of persons with
Acquired Immune Deficiency Syndrome (AIDS). Eligible activities for the
HOPWA program include: 1) new construction, acquisition and
rehabilitation of affordable housing; 2) provision of tenant-based rental
assistance; 3) short-term rental and mortgage payment assistance to
prevent homelessness; 4) supportive social services and housing
information services; 5) technical assistance; and 6) administrative
expenses incurred by jurisdictions coordinating local programs. In
allocating grant funds for eligible activities, the City of Santa Ana is
required to consider the service needs of eligible persons who reside
throughout Orange County and approve funding for projects that may be
located anywhere within the county.
To ensure that the limited funds are prioritized, City staff has worked
closely with the Housing Committee of the Orange County HIV Planning
Council and agencies throughout the County of Orange providing services
to the HIV/AIDS community. On January 9, 2006, a strategic planning
meeting was held to determine priorities for the 2006-2007 funds.
25F-1
Amendment to Agreement for
the HUD HOPWA Program
May 21, 2007
Page 2
Representatives from the Orange County Health Care Agency, service
providers from throughout the county, HIV/AIDS infected and affected
individuals and City staff participated in the meeting.
Based on the strategic planning meeting, the 2006-2007 fiscal year
funding recommendations were established. The recommended funding levels
for the County of Orange Health Care Agency was $789,000 for supportive
housing services to individuals throughout Orange County. At this time,
the County is requesting an additional $30,750. This request is a result
of the high number of individuals/families requesting assistance with
security deposits. This increased demand is a result of a greater number
of Shelter Plus Care and Housing Choice Vouchers being made available.
These additional funds will bring the total of the agreement to $819,750.
Both the HIV Housing Committee and the Orange County HIV Planning Council
are in support of this request.
FISCAL IMPACT
The Department of Housing and Urban Development provides HOPWA funds to
the City. No additional City funding is necessary. These funds are
available from unexpended funds from the 2005-2006 fiscal year (account
no. 405-148-6931).
APPROVED AS TO FUNDS AND ACCOUNTS:
~~~~
Ste hen G. Ha ding
Deputy City anager for
Development Services
Community Development Agency
Francisco Gutierrez ~(
Executive Director JAL
Finance & Management Services Agency
SGH/LLF/mlr
H:\ACTIONS\2007 CC\AmenAgreeHOPWA 5-21-07.doc
25F-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
AGREEMENT WITH COUNTY OF ORANGE
PROBATION DEPARTMENT FOR JUVENILE
COURT WORK PROGRAM SERVICES
Lip ~'~K ~`~~ _
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
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an agreement with the County of Orange
Probation Department to utilize the Juvenile Court Work Program for
graffiti removal and park maintenance services in an amount not to exceed
$35,000.
DISCUSSION
The County of Orange established the Juvenile Court Work Program to
provide juvenile offenders with a meaningful alternative to
incarceration. In lieu of serving an institutional commitment in
Juvenile Hall or a juvenile camp, young men and women between the ages of
15 to 21 are allowed to complete the Work Program. This agreement will
allow the City to partner with the County to provide young offenders with
an opportunity to fulfill their probationary violation sentence by
performing graffiti removal, weed abatement, and other unskilled
maintenance functions in City parks and facilities. Work crews under the
direct supervision of a Deputy Probation Officer will be contracted by
the City for weekend work only, on an as-needed basis.
FISCAL IMPACT
Funds will be identified in the fiscal year 2007-08 Park Services Other
Contract Services account (account no. 11-250-6291)in the amount of
$35,000.
APPROVED AS TO FUNDS AND ACCOUNT:
~~o ~~ -~~
kc~ Gera do Mouet, Francisco Gutierrez,
Iv Exec tive Director `~~Executive Director
Park Recreation and Finance and Management Services
Community Services Agency Agency
25G-1
25G-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
SECOND AMENDMENT TO AGREEMENT WITH
METCALF & EDDY FOR ENGINEERING
SERVICES
CITY MANAGER
~~~RECOMMENDED ACTION
Direct the City Attorney tc
the Clerk of the Council tc
with Metcalf & Eddy in the
not to exceed $205,313 for
Upgrade Project.
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s' Reading
^ Ordinance on 2n0 Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
prepare and authorize the City Manager and
execute a second amendment to the agreement
amount of $25,800 for a new contract amount
design of the West Pump Station Facilities
On April 4, 2005, City Council awarded a contract to Metcalf & Eddy, Inc.
in the amount of $167, 513 for design of the West Pump Station Facility
Upgrades (Exhibit 1). The improvements will include a new pump building,
new booster pumps, motors and appurtenances as well as all new electrical
panels and equipment.
This project is partially funded with a Federal Grant from the
Environmental Protection Agency (EPA). The EPA requested a cultural
resources assessment of the site prior to giving final approval. On June
5, 2006, City Council approved an amendment to the contract with Metcalf
and Eddy in the amount of $12,000 to provide the study.
The project design is now near completion and there are a number of items
outside the original scope of work that need to be included in the final
design. These items include:
• Landscape and irrigation to improve site aesthetics
• Electrical and instrumentation revisions to the on-site chlorination
and dosing system
• Additional programming and schematic drawings for Well Pump
operations
25H-1
Second Amendment to Agreement -
Engineering Services with Metcalf & Eddy
May 21, 2007
Page 2
The cost of this additional design effort is $25,800. Staff recommends
that City Council approve a second amendment for this amount which brings
the total contract price to $205,313.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The Federal Grant provides funding for 55~ of the design and construction
costs. The City will be responsible for the remaining 45g. Funds are
available in the Water Enterprise Capital Construction Fund (account no.
66-579-6635).
APPROVED AS TO FUNDS AND ACCOUNTS:
_~
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Ross Francisco Gutierrez F
utive Director Executive Director ~ :~f'
is Works Agency Finance & Management Services Agency
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EXHIBIT 1
SANTA ANA
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SECOND AMENDMENT TO AGREEMENT FOR
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25H-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
AGRESMSNT FOR WATER SYSTEM MAPPING
SERVICSS WITH IWATER, INC.
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~' Reading
^ Ordinance on 2n° Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
`~~,~r~?~X VIQ/I,U~Att~~~~ FILE NUMBER
CI MANAG R
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an agreement with iWater, Inc. for a not
to exceed fee of $174,521.00 for water system mapping services.
DISCUSSION
The Water Resources Division needs to automate and update its mapping
system and data collection capabilities. The objective is to have a
unified, digital mapping process where field data such as water mains,
valves, and fire hydrant locations are identified based on a global
coordinate system using field tablet computers. This information would
then be automatically incorporated into the Public Works Agency GIS
mapping system and made available to all users.
The consultant is to provide all
conversions, data base design, data
training to accomplish these goals.
hardware, software, mapping system
collection, technical support, and
Requests for proposals were sent to six qualified firms specializing in
this type of work. Only one response was received and it was evaluated
on technical merit by a four-member selection committee. The results of
this evaluation and the proposed fee are listed below.
Firm
iWater, Inc
SCORE FEE
91 $174,521
The proposed fee of $174,521 is right at the engineer's estimate of
$175,000. Staff recommends that iWater, Inc. be retained for this
project. Their proposal demonstrated that the firm has extensive
experience with similar projects, a good understanding of the project
goals and objectives, and a strong project team.
251-1
Agreement for Water System Mapping Services with iWater, Inc.
May 21, 2007
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Water Administration and Engineering Fund
(account no. 64-579-6291).
~'
Jame ~' G ~, ~ s s
Executive. irector
Public wo~`ks Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
~C ~\i\Cl~r ~ S~ .~ ~
Francisco Gutierrez ~
Executive Director j~ ~, ''
Finance & Management Services Agency
Y:\Water Operations\Adminiatration\OS-21-07 RFCA A reement for Water System Mapping Services with iWater, Inc
X51-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
AMENDMENT TO MASTER FUNDING
AGREEMENT WITH THE ORANGE COUNTY
TRANSPORTATION AUTHORITY
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2n° 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 Amendment No. 12 to the Master Funding
Agreement with the Orange County Transportation Authority for projects in
the Combined Transportation Funding Program and the Bicycle and
Pedestrian Facilities Program.
DISCUSSION
On June 5, 1995, the City Council approved a Master Funding Agreement
(MFA) with the Orange County Transportation Authority (OCTA) The
primary purpose of this agreement was to streamline the funding
allocation process for projects funded through the Combined
Transportation Funding Program and the Bicycle and Pedestrian Facilities
Program. The MFA also specifies the roles and responsibilities of the
City and OCTA. Amendment No. 12 is required to incorporate minor
adjustments in funding and project schedules made during the semi-annual
review conducted in September 2006.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
25J-1
~~~ RECOMMENDED ACTION
Amendment to Master Funding Agreement
May 21, 2007
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
L ~- 't '~ ~' /~/
Sames G. Ross
Executive Director
Public Works Agency
25J-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MPaY 21, 2007
TITLE:
AGREENENT FOR COMPUTER DATA CENTER
AND TELEPHONE CENTER ELECTRICAL
CONTRACTING SERVICES AND
CONSULTING
~.~ -E
v CIT ANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15~ Reading
^ Ordinance on 2n0 Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager to
execute an agreement with Ham's Electrical Inc, for data center
maintenance & support services for a three-year period with an option for
two one-year renewals in an amount not to exceed $60, 000 for the first
year and $40,000 per year thereafter.
DISCUSSION
The City operates a major computer data center and telephone center in
City Ha11 and a computer data center in the Police Administration
Building. These sophisticated technology centers support operations and
services for all City Agencies and Departments. Over 2,500 computerized
devices and 2,200 telephone devices are connected through these centers to
provide essential voice and data services. The electronic components which
make up these technology centers have critical electrical power
requirements. The electrical infrastructure for the computer data and
telephone centers must be carefully engineered and maintained to ensure
these vital systems are protected and will continue to run even under the
loss of normal utility power. The City has a need for highly specialized
electrical contracting services and consulting in support of the City
computer data and telephone centers.
A request for proposal (RFP) for required electrical-related services was
issued seeking a California licensed electrical contracting firm with
specialized experience in critical power systems for computer centers and
telephone centers to provide services in four areas: (1) Design and
installation of electrical infrastructure including providing parts and
equipment, (2) Preventive maintenance of specific electrical
infrastructure, (3) Corrective maintenance with an eight (8) hour
response, and (4) Other electrical services on an as required basis.
25K-1
Agreement for Computer Data Center and Telephone
Center Electrical Contracting Services and Consulting
June 4, 2007
Page 2
The RFP was proactively sent to six qualified electrical contracting
firms. A legal notice was also issued. Two proposals were received. An
evaluation team with representatives from the Information Services
Division and the Police Department's Technology Services reviewed these
proposals and applied the selection criteria. The results were Ham's
Electric Inc. 94 points and TCS, Inc. 68 points. Ham's Electric quoted the
lowest pricing.
The Information Services Division recommends that Ham's Electric, Inc. be
approved to provide critical electrical power system contracting services
for the City's computer data and telephone centers.
FISCAL IMPACT
Funds are available in various Other Contractual Services accounts in the
Technology Plan (accounts 109-200-6291, 109-300-6291, 109-400-6291, 109-
600-6291, & 109-700-6291); in the General Fund-Information Services (11-
179-6291) and in the Communications Services Internal Service Fund (102-
171-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
~Ai1SS~C~ S~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25K-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
MAY 21, 2007
TITLE:
PAYMENT TO SOUTHERN CALIFORNIA
GAS COMPANY FOR GAS LINE
RELOCATION ON MAIN STREET NORTH
OF BROADWAY PLACE (PROJECT 07-
8051)
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s` Reading
^ Ordinance on 2ntl Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Authorize a payment to Southern California Gas Company in the amount
of $75,540 for the relocation of a 3-inch gas main line located below
the westerly Main Street sidewalk just north of Broadway Place.
DISCUSSION
On October 2, 2006, the City Council awarded a contract to LNI Custom
Manufacturing, Inc. for the fabrication and installation of the new
87-foot wide Main Street archway sign. To accommodate the proposed
sign post footing location, the interfering underground gas line
needed to be relocated into the street by Southern California Gas
Company (Exhibit 1).
Based on the City's franchise agreement, Southern California Gas
Company is not responsible for the relocation cost of the gas line
since the scope of work for the Main Street Archway Sign project is
not a change of grade, alignment or width of a public street. The
City, therefore, is responsible for the cost of relocating the gas
line. The cost requested by Southern California Gas Company is
reasonable and in line with Public Works Agency staff's estimate.
ENVIRONMENTAL IMPACT
An Environmental Review (No. 2006-020) has been completed and a
Categorical Exemption has been filed for the project pursuant to the
California Environmental Quality Act.
29A-1
Southern California
May 21, 2007
Page 2
FISCAL IMPACT
Gas Company
Funds are available in the South Main Corridor Fund (account no. 553-
936-6631).
{.''L'l~ ~'YVL~L GVb1,L,
James G. Ross
xecutive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
~~~ ~~ ~,a
Francisco Gutierrez
~xecutive Director
Finance & Mgmt. Services Agency `~
29A-2
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29A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 21, 2007
TITLE:
VARIANCE NO. 2007-04 TO ALLOW A
DRIVEWAY WITHIN 150 FEET OF THE
STREET INTERSECTION AT 801 EAST
FIRST STREET - ECONOMIC OPPORTUNITY
COMMISSION OF SAN LUIS OBISOPO
COUNTY, APPLICANT
CI MANAGE
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~' Reading
^ Ordinance on 2n° Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Variance No. 2007-04 as
conditioned.
PLANNING COMMISSION ACTION
On April 23, 2007, the Planning Commission approved Variance No. 2007-04
as conditioned by a vote of 7:0 to allow a driveway within 150 feet of
the street intersection for a new childcare center at 801 East First
Street in the Arterial Commercial (C5) zoning district. The Planning
Commission made no changes to the recommended conditions of approval
outlined in the attached staff report (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
J M. Trevino
cutive Director
Planning & Building Agency
CR:rb
cr\reports\va0~-04.cc
31 A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
APRIL 23, 2007
TITLE:
PUBLIC HEARING - VARIANCE NO. 2007-04
FILED SY RANDY DETTMER FOR THE ECONOMIC
OPPORTUNITY COMMISSION OF SAN LUIS OBISPO
COUNTY TO ALLOW A DRIVEWAY WITHIN 150 FEET
OF THE STREET INTERSECTION AT 801 EAST
FIRST STREET
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
Prepared by Carlos Rodri
i Executive Director
RECOMMENDED ACTION
Planning Mana~~
Adopt a resolution approving Variance No. 2007-04 as conditioned.
DISCUSSION
Retest of Applicantof Applicant
The applicant, Randy Dettmer, on behalf of the Economic Opportunity
Commission of San Luis Obispo County, is requesting the approval of a
variance to allow a driveway to be located within 150 feet of the street
intersection in conjunction with a new 3,810 square foot child care center
to be built at 801 East First Street.
Property Description
The property is rectangular in shape and is situated on the northeast
corner of Lacy and First Streets, and is approximately 22,564 square
feet in size. The project site is currently vacant and consists of five
parcels. The property is located within the Arterial Commercial (C5)
zoning district and has a General Plan land use designation of General
Commercial (GC). Surrounding land uses include residential uses to the
north, and commercial to the south, east and west (Exhibits 1 and 2).
Project Description
The applicant proposes to construct a new one-story, 3,810 square foot
Headstart child care center. The facility will include classrooms, an
office, kitchen, and restroom facilities to support 36 students. A total
of four teachers and three staff are proposed to supervise the children.
EXHIBIT A
31 A-2
Variance No. 2007-04
April 23, 2007
Page 2
Additionally, 13 parking stalls are provided on-site and satisfy the
parking requirement for day care facilities. A passenger
loading/unloading zone is also provided as required by the parking
requirement of the City. Lastly, an outdoor playground for the students
is proposed at the rear of the building and will occupy approximately
2,400 square feet (Exhibits 3 through 5).
The proposed building will be of a modern architectural style that will
complement surrounding commercial uses. The exterior finish will be
stucco with recessed aluminum screed and will use aluminum storefront
windows. Additionally, the applicant will use a flat concrete roof the
for the building. Lastly, landscaping will be provided on site that
complies with the commercial landscape standards of the City (Exhibits 6
through 8).
Analysis of the Issues
The applicant is requesting approval of a variance from Section 41-
428(a) of the Santa Ana Municipal Code (SANG) to allow a reduction in
the distance required for a proposed driveway from a street
intersection. Per Section 41-428, no driveway shall be located within
150 feet of any street intersection corner radius, nor shall there be
more than one vehicle entryway and one vehicle exit way for each 150
feet of street frontage.
The project site is located on an arterial street and is bounded by a
public street on the west and a separate adjoining property on the east.
The site on the east is vacant but is not owned by project applicant.
Due to the existing site constraints the applicant is unable to provide
additional street frontage for the site so that the proposed one way
exit driveway is not located within 150 feet of the corner radius.
Moving the driveway outside of the 150 feet would minimize the ability
for the applicant to provide a usable building along with the required
amount of parking. As the lot is only 86 feet deep, there are limited
site layouts that would efficiently provide an efficient building design
along with the required parking and landscaping. Lastly, the City
discourages driveways along Lacy Street as it is a residential street,
so all driveways must be located along First Street.
The location of the driveways allows for the safe entry and exit of all
workers and patrons of the child care center. Section 41-428 (b)
additionally requires that the design of vehicle access ways and parking
areas be practical. As designed, the parents and staff of the students
31 A-3
Variance No. 2007-04
April 23, 2007
Page 3
will be able to enter and exit the site and park in an orderly fashion.
Removing the second driveway from the site would no longer allow for the
safe entry and exit of vehicles onto the project site and would create
traffic impacts such as cars trying to back out onto First Street.
Based on the analysis of the project and the project's compatibility
with the City's General Plan and applicable development standards, staff
recommends approval of Variance No. 2007-04 as conditioned.
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15332. This
Class 32 exemption allows for in-fill projects in urban areas on project
sites of no more than five acres. Categorical Exemption Environmental
Review No. 2006-150 will be filed for this project.
Carlos Rodriguez
Assistant Planner II
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CS ARTERIAL COMMERCIAL
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KO- 4/10/07
RESOLUTION NO. 2007-020
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING VARIANCE NO.
2007-04 AS CONDITIONED TO ALLOW A DRIVEWAY TO
BE LOCATED WITHIN 150 FEET OF THE STREET
INTERSECTION FOR THE PROPERTY LOCATED AT 801
EAST FIRST STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA
AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of Variance No. 2007-04 to allow a
driveway to be located within 150 feet of the street intersection at 801 East
First Street.
B. Variance No. 2007-04 came before the Planning Commission of the City
of Santa Ana for a duly noticed public hearing on April 23, 2007.
C. Santa Ana Municipal Code Section 41-428 states that "there shall be no
more than one (1) vehicle entryway and one (1) vehicle exit way for each
one hundred fifty (150) feet of street frontage of the lot. No such entryway
or exit way shall be located within one hundred fifty (150) feet of any street
intersection corner radius."
D. Variance No. 2007-04 has been filed with the City of Santa Ana seeking to
allow a driveway to be located within 150 feet of the street intersection at
801 East First Street.
E. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a variance upon making certain findings.
That because of special circumstances applicable to the subject
property, including size, shape, topography, location, or
surroundings, the strict application of the zoning ordinance is found
to deprive the subject property of privileges not otherwise at
variance with the intent and purpose of the provisions of this
chapter.
Due to the configuration of the lot and the placement of the
proposed building, denial of the variance would deprive the
property owner the privilege of constructing a quality child
Resolution No. 2007-020
Page 1 of 6
31A-13
care center. The property is bounded by a public street on
the west and south, and a lot owned by a separate owner to
the east. The applicant is unable to expand the lot and
therefore cannot accommodate the 150 driveway separation
requirement from the street corner. The applicant has fully
utilized the existing area and provided a high quality project
that complies with the required off-street parking requirement
of the City. Additionally, the on-site circulation allows for a
greater amount of movement with the proposed two
driveway entrances.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
The granting of the variance would allow the property owner
the opportunity to develop a quality project on the site. Not
allowing the variance would force the applicant to construct a
smaller child care service and provide on site circulation in a
less efficient manner.
3. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The proposed child care center will have no detrimental
impacts to the surrounding neighborhood. The size, scale,
and design of the proposed child care contributes to a quality
development project. The one story, modern styled building
creates a balance between the existing commercial along
First Street and the existing residential development to the
rear of the project. Policy 2.2 of the Urban Design Element
encourages development that is consistent with the scale,
bulk, and pattern of existing development. Additionally,
Policy 6.2 of the Circulation Element discourages the use of
residential streets to provide access to non-residential
development. As Lacy Street is a residential street, the
applicant is unable to provide an alternate driveway location
along that street.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
The granting of the variance will not adversely affect the
City's General Plan in any way as the land use designation
of General Commercial (GC) child care centers.
Additionally, the proposed use is consistent with the
development goals of the General Plan. Policy 2.10 of the
Land Use Element encourages developments that are
Resolution No. 2007-020
Page 2 of 6
31A-14
harmonious in scale and character with the existing
neighborhood development.
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15332.
This Class 32 exemption allows for in-fill projects in urban areas on project
sites of no more than five acres. Categorical Exemption Environmental
Review No. 2006-150 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Variance No. 2007-04 as conditioned in Exhibit "A" attached hereto and
incorporated herein, to allow a driveway to be located within 150 feet of the street
intersection at 801 East First Street.
This decision is based upon the evidence submitted at the above said hearing,
which includes but is not limited to: the Request for Planning Commission Action dated
April 23, 2007 and exhibits attached thereto and the public testimony, all of which are
incorporated herein by this reference.
ADOPTED this 23rd day of April, 2007 by the following vote:
AYES: Commissioners: Alderete, Betancourt, De La Torre, Gartner, Leo,
Mill, Munoz (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee Otto
Assistant City Attorney
Resolution No. 2007-020
Page 3 of 6
31A-15
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2007-020 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on April 23, 2007.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2007-020
Page 4 of 6
31A-16
Conditions for Approval for Variance No. 2007-04
Variance No. 2007-04 is approved subject to compliance, to the reasonable satisfaction
of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code,
the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and
all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below throughout the
life of the variance. Failure to comply with each and every condition may result in the
revocation of the variance.
A. Plannins~ Division
1. The project shall remain in compliance with Site Plan Review DP No. 06-
64.
2. Any amendment to this variance must be submitted to the Planning
Division for review. At this time, staff will determine if administrative relief
is available or the variance must be amended.
Exhibit A Resolution No. 2007-020
Page 5 of 6
31A-17
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA. COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
2nd Santa Ana, California 92702.
I served the fore oing document described as: Resolution No. 2007-020
Variance No. 2007-04 in this action by placing a true copy ereo enc ose m sealed
enve opes a resse as follows:
Randy Dettmer
663 Hill Street
San Luis Obispo, CA 93405
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ]The document was transmitted by facsimile transmission and was reported as
complete and without error.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on [date] at Santa Ana, California.
MARTHA RAMIREZ
Resolution No. 2007-020
Page 6 of 6
31A-18