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HomeMy WebLinkAbout FULL PACKET_2007-12-03ORDINANCE NO. NS-~CXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING SPECIFIC DEVELOPMENT NO. 81 (SD-81) AND REZONING THE PROPERTY LOCATED AT 3321 SOUTH FAIRVIEW STREET FROM ARTERIAL COMMERCIAL (C5) TO SPECIFIC DEVELOPMENT NO. 81 (SD-81) (AA NO. 2007-02) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Applicant is requesting approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-37; Amendment Application No. 2007-02 rezoning the property from Arterial Commercial (C5) to Specific Development No. 81; Tentative Tract Map No. 2007-04 (County Map No. 17071) as conditioned to subdivide a lot into 9 parcels (six buildable lots and three open space parcels); and adopt a resolution approving Site Plan Review No. 2007-02 as conditioned for the property located at 3321 South Fairview Street. B. On September 10, 2007, the Planning Commission held a duly noticed public hearing and voted 5:0 (Gartner and Leo absent) to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-37. 2. Adopt an ordinance approving Amendment Application No. 2007-02 and Specific Development No. 81. 3. Adopt a resolution approving Tentative Tract Map No. 2007-04 (County Map No. 17071) as conditioned. 4. Adopt a resolution approving Site Plan Review No. 2007-02 as conditioned. C. The Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-37; Amendment Application No. 2007-02 and Specific Development No. 81; Tentative Tract Map No. 2007-04 (County Map No. 17071); and Site Plan Review No. 2007-02 came before 11 A-1 the City Council of the City of Santa Ana for a public hearing October 1, 2007, and at that time considered all testimony, written and oral. On October 1, 2007 the City Council continued the public hearing to November 5, 2007. D. On November 5, 2007, the City Council continued the public hearing, and at that time considered all testimony, written and oral. E. Amendment Application No. 2007-02 has been filed with the City of Santa Ana to adopt Specific Development No. 81 (SD-81) and to rezone the property located at 3321 South Fairview Street from Arterial Commercial (C5) to Specific Development No. 81 (SD-81 ). (AA No. 2007-02) F. SD-81 would allow no more than nine (9) one-family dwellings, having four or fewer bedrooms per one-family dwelling; a temporary real estate office; accessory building and structures (over fifteen feet in height requires a Conditional Use Permit); child care facilities providing care to not more than fourteen children; and garages for four or more vehicles (with a Conditional Use Permit). G. Amendment Application No. 2007-02 is consistent with the General Plan, including but not limited to its goals and policies: 1. To promote a balance of land uses to address basic community needs. Goal 3.0 of the Land Use Element of the General Plan. 2. To promote land uses which enhance the City's economic and fiscal viability. Goal 2.0 of the Land Use Element of the General Plan. H. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 3321 South Fairview Street is consistent with the purpose of the general plan. The City Council also adopts as findings all facts presented in the Requests for Council Action dated October 1, 2007 and November 5, 2007 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2007-02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. J. The resolution approving and adopting the amended Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2007-37 which came before the City Council on October 1, 2007. This ordinance incorporates by reference, as though fully set forth herein, that resolution and mitigated negative declaration and mitigation monitoring program. 11 A-2 Section 2. The real property located at 3321 South Fairview Street is hereby reclassified from Arterial Commercial (C5) to Specific Development No. 81 (SD-81 ). (AA No. 2007-02) Amended Sectional District Map number 27-5-10 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Section 3. Specific Development No. 81 (SD-81) as set forth in Exhibit "B", attached hereto and incorporated as though fully set forth herein, is approved and adopted in its entirety. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers 11 A-3 NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 A-4 ary tlr Fountain Valley N. LINE LOT 32 TR 3 56I 2P-5-10 22-5-10 10 / PENDL NA. M1 Mi ~ /NLME LDTJ2 TH. JSbi BO J s J Ml ~ ~~~ ~~~ Ls-1o I lu l J S M1 IVII _~ L _ , M1 - ~ M1 M1 26-s-1g C4 ----- _~ „6 M1 1 R2-PRD WARNER AV. M1 11 11 i zz9,-zeo - N M1 A AV Mt NTRAL Av. ~ R1 O '" M1 % J ADAMS ST R4 - Mi . Mi Rl a W MAN Y AV R1 m ~ M1 i-°`° x ~= y I 6 SEGERSTROM AV _ __ i _ w ~~ ~ ~ `` ~ ==~Li ~~:= I M1 I it R4 I 1 I 1 I M1 .,:° I M1 M1 I ~ Al w W y PD ~ ~ O ~ \ Mi ° P ` LL / M RE P~- QP y ~ = 6m.as R2-PR W °.*° N Mi I I~ I I ~ Mi ~ ze-s-lo Qp 7 ~ ~~ ~ Ijt°nll R2-PRD SD-Hl T M1 ~` ~ i% ODRI AY I ~' 510 3d-5-10 33 9 ~V ~ - R?-PRD - O 1 26-510 ~3T663, I NORTH LINE LOT SECTION 34SI0 I~373.50 355-10 I I 34-5-10 I / I /7 SCALE IN FEET SECTIONAL DISTRICT MAP 27-5.10 ~ ~ , ADOPTED BY THE SAN TA ANA CITY COUNCIL, AUGUST 17, 1959 BY ORDINANCE NS-394 D 3ooO EO- MINIMUM FRONTAGE -FOOD MINIMUM LOTAREA A7 GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIALDISTRIGT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C7 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE THIS MAP IS THE OFFICIAL SECTIONAL DISTRICT MAP OFTHE CffYOF SANTAANA. C7-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE qs AUTHDRIZeo svcm couNCu C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE RESOLUTION N0. ]0.163, DATE011-16-70, I HERESY ATresr mat THIS MAP ISgrRUE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT coPV OF THE ORIGINAL SECrIONU OISrRICT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE MAP N0.3)S~TO. C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT sig~eo CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN darTREVwo PLArirXiwca~eulio~c ceNCr CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT ca~ml~la Dare RES.IAA./ANX. NO. ORD. /RES. NO. ADOPTED DATE RES. /A.A. I ANX. NO. ORD. /RES. N0. ADOPTED DATE RES./A.A./AN%. NO. 5233 5459 50.92 ..... 5942 5943 600fi 600E AA]12 A.A. ]4fi A.A. ]56 AA. 759 A.q. T60 A.A. ]64 q.A. 1064 A.A. 99J AA.O]-2 ORD./RES. NO. NSd29 NS)43 NS512 N560.9 NS-10.5) NS105fi NS-1136 NS-1100 NS1315 NS1339 N$-1349 NS-1361 NS13fi2 NS1366 NS2216 NSQ306 Pantling ADOPTED GATE 2-160 10.360 4J61 ?1&61 11-30-]0 11~P]0 9-S)2 9-5-]2 Stb)fi 12-2P]6 3-)-T] szan 5-24)) S24]I 2~2-94 S]-99 • • , • ~ • • PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA 11 A-5 REVISED 5/9/07 _ I V SPECIFIC DEVELOPMENT PLAN NO. 81 Alton Court SECTION 1 -Applicability of Ordinance The specific development zoning district No. 81 (SD-81 ), as authorized by Chapter 41, Division 26, Section 41-593 et seq., of the Santa Ana Municipal Code, is subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. SECTION 2 -Purpose The Specific Development Plan No. 81 for Alton Court consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development of the property. SECTION 3 -Uses Permitted in Specific Development No. 81 The following uses are permitted in the SD-81 district: (a) No more than nine (9) one-family dwellings, having four (4) or fewer bedrooms per one-family dwelling. (b) One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which use shall be for a period of time not to exceed one (1) year. (c) Accessory building and structures, except as otherwise provided in Section 4(b). (d) Child care facilities providing care to not more than fourteen (14) children, provided that if the number of children exceeds eight (8), a land use certificate must be first obtained pursuant to Division 4 of Article V of Chapter 41. SECTION 4 -Uses Subject to a Conditional Use Permit in Specific Development No. 81 (a) Garages for four (4) or more vehicles. (b) Accessory structures more than fifteen (15) feet in height or more than one story. Exhibit B 11 A-6 SECTION 5 -Minimum Lot Area in Specific Development No. 81 Lots shall have an area of at least 17,999 square feet. SECTION 6 -Minimum Street Frontage in Specific Development No. 81 Lots shall have street frontage of at least 100 feet. SECTION 7 -Building Height in Specific Development No. 81 No primary structure shall exceed twenty-eight (28) feet nor two (2) stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure. SECTION 8 -Lot Coverage in Specific Development No. 81 No more than forty (40) percent of the lot shall be covered by structures. SECTION 9 -Front Yards in Specific Development No. 81 There shall be a front yard of not less than ten (10) feet from the street. Porches may encroach into the front yard a maximum of six (6) feet. SECTION 10 -Side Yards in Specific Development No. 81 Each side yard shall be not less than five (5) feet for each one-family dwelling structure. Cornices, eaves, chimneys, and similar architectural features may extend into the required side yard a distance not to exceed eighteen (18) inches. SECTION 11 -Rear Yards in Specific Development No. 81 There shall be a rear yard of not less than thirteen (13) feet for each one-family dwelling structure. Such rear yard may be reduced to not less than five (5) feet for open patio covers. SECTION 12 -Development Standards in Specific Development No. 81 Lots in the SD No. 81 district shall comply with the following standards: (a) Front and street oriented side yards shall be landscaped with the exception of approved driveways and sidewalks. (b) Accessory structures shall not exceed thirty-five (35) percent of the required rear yard area and shall not exceed fifty (50) percent of the main structure square footage. 11 A-7 (c) The building separation between one-family dwelling structures shall be at least 10 feet. Cornices, eaves, chimneys, and similar architectural features may extend into the required side yard a distance not to exceed eighteen (18) inches. (d) The building separation between primary and accessory structures shall be at least five feet. (e) The perimeter fencing for the project cannot exceed seven feet in height, as measured from the elevation of the building pad. SECTION 13 -Parking Requirements in Specific Development No. 81 (a) The minimum parking requirements for one (1) one-family dwelling is four (4) parking spaces. At least two of these spaces shall be in an enclosed garage. (b) Each parking stall in a two-car garage shall not be less than ten (10) feet wide and twenty (20) feet long. (c) All other uses shall be parked pursuant to Santa Ana Municipal Code Chapter 41, Article XV. SECTION 14 -Open Space Standard for Specific Development No. 81 A private open space shall be provided for any project. The lot shall be a minimum of 7,100 square feet in size and contain the following amenities: (a) Decorative shade structure (b) Two gas barbeques (c) A minimum of six benches (d) Two picnic tables (e) Pedestrian access gate on the west perimeter wall SECTION 15 -Landscape Standards for Specific Development No. 81 In the SD No. 81 district, all yards shall be landscaped. All landscaping shall be installed pursuant to a landscaping plan approved by the Planning Manager. Each residential unit shall meet the following minimum requirements: 11 A-8 (a) Front Yard: (1) Three (3) twenty four inch (24) box canopy trees per one-family dwelling which is immediately adjacent to the front yard. (2) All trees shall be double-staked. (3) Six five-gallon size shrubs and ten (10) one-gallon size herbaceous perennials/shrubs as a foundation planting. (4) Turf or acceptable dry climate ground cover: Turf shall be drought tolerant variety and planted as sod or hydroseed. ii. Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material. (b) Side Yard: (1) Corner lots shall require three (3) thirty-six (36) inch box trees. Plus six five-gallon size shrubs and groundcover as a foundation planting. Root barriers shall be required on all trees planted along the street oriented yards. (c) Motor court Landscaping: (1) One (1) twenty-four inch (24) box canopy tree for each one-family dwelling fronting a motor court, (d) Project Entry Landscaping: (1) A minimum of twenty-two (22) thirty-six inch (36) box Queen Palm trees shall be planted within the project entry. Shrubs, vines and groundcover shall also be planted pursuant to the City's Residential Landscape Standards. (2) Interlocking pavers shall be installed as the paving surface for the entry. (e) Project Perimeter Walls: (1) Flowering vines shall be provided and secured to a decorative masonry wall. In addition, all exterior walls shall be covered in vines to deter graffiti. 11 A-9 (2) The vines shall be five-gallon size and be planted at a maximum 20- foot interval. They shall be secured to the walls with eye hooks and wire. (f) Irrigation Systems: (1) A pop-up sprinkler type irrigation system shall be provided for all yards for each residential unit. (2) The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (g) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the residential structure. (2) Any enclosed structure for utilities must not encroach into any required setback. (h) Maintenance: (1) All plant material shall be maintained per Section 41-609 of the Santa Ana Municipal Code. SECTION 16 -Definitions for Specific Development No. 81 Motor court - An open area, unobstructed from the ground which is bounded on three sides by exterior walls of one or more buildings and is used for driveway and parking purposes. 11A-10 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA EXISTING BUILDING CODE, UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, UNIFORM SOLAR ENERGY CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, AND CALIFORNIA FIRE CODE LCP 11/5/07 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: That section 8-3 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-3. Building Official or Administrative Authority. Whenever a reference is made to the Building Official or Administrative Authority in any provision in this chapter, or in any California, uniform or national code incorporated by reference into this chapter, such reference shall be taken to mean the Executive Director of Planning and Building or such employee within the Planning and Building Agency of the City as is designated by the said Executive Director to act in such capacity. SECTION 2: That section 8-20 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-20. Fences required for swimming pools, ponds, and other bodies of water. (a) Except as provided in subsection (b) of this section, every swimming pool, pond or other body of water eighteen (18) inches or more in depth at any point shall be surrounded by a fence or wall not less than five (5) feet above the adjacent exterior grade and/or five (5) feet above the finished elevation. Such fence or wall shall be constructed and maintained with no openings nor projections, which could serve as a means to scale the fence or wall. Openings, holes, or gaps in the enclosure, doors, and/or gates shall not allow the passage of a four (4) inch diameter sphere and horizontal members, accessible from the exterior, shall be no closer than forty-eight (48) inches. Ordinance No. NS-XXXX 11 B ~ ~ Page 1 of 37 Openings for gates or doors through such enclosure shall not exceed forty-eight (48) inches in width. Each gate or door shall be self-closing and self-latching, with the release five (5) feet above exterior grade or so located on the water side as to prevent release from the exterior. Exception No. 7: Doors opening into a single detached dwelling unit. Exception No. 2: Subject to approval by the Building Official, pool(s) or pond(s) operated by the municipality or public school(s) that are under continuous supervision while the gate(s) or door(s) that provide access to the pool(s) or pond(s) are unlocked. For occupancies classified as R1, R2, R3, R3.1, and R4 in the building code, the fence or walls shall be so located as to allow access to all living units without entering the pool enclosure. The fence or walls shall serve to isolate the pool from other activities or structures and shall be located within fifty (50) feet of the pool. Gates in such enclosures shall be located in view of the pool. A building wall with no doors or openable windows may be used as part of such pool enclosures when within the specified distance of the pool. Exception: When approved by the Building Official, such enclosures may include sunshade, toilet or shower structures which are used only in conjunction with the pool. (b) Subsection (a) of this section shall not apply to any manmade pond or lake, which is designed, constructed, and maintained to conform to all of the following standards: (1) The maximum water depth of the pond or lake shall not exceed eighteen (18) inches at any place within four (4) feet of the bank. (Bank shall mean the edge of the water or any point adjacent to or under a bridge, dock or similar structure or feature, which provides access to the water. ) (2) From a point four (4) feet from the bank, the water depth may increase at a maximum slope of one (1) inch for every eight (8) inches of horizontal distance away from the bank. (3) The bottom shall be surfaced within fifteen (15) feet of the bank with concrete, asphalt, soil cement, or other material approved by the Building Official. (4) The open areas surrounding the pond or lake within a distance of twenty (20) feet from the bank shall not increase in grade at a slope greater than one (1) inch for every eight (8) inches of horizontal distance away from the bank. Exception: Isolated landscape features such as boulders, mounds, and tree wells are not regulated in the twenty-foot area. Ordinance No. NS-XXXX 11 B-2 Page 2 of 37 (5) The drainage, water level, and overflow system shall be designed with a secondary water level control, which will automatically function to maintain water levels and depths within the limits of these standards in the event of failure or stoppage of the primary control. The design of such system shall be submitted to and receive approval of the executive director of public works and the Building Official prior to beginning of construction. SECTION 3: That section 8-43 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-43. Adoption by reference. There is adopted by the city that certain code known as the California Building Code, 2007 Edition, based on the 2006 International Building Code as published by the International Code Council, (hereinafter referred to in this article as the "Building Code," "building code," "California Building Code," or "Uniform Building Code"), consisting of "Volume 1 ", "Volume 2" and the 2007 California Existing Building Code (together with subsequent supplements or amendments to any Volume, each of which shall become effective, adopted, and incorporated by reference into the Santa Ana Municipal Code on the date specified by the State Building Standards Commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the City of Santa Ana pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Building Code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Building Code set forth in this chapter of the Santa Ana Municipal Code that specifically amends the Building Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended apre-2007 Edition of the "Building Code" shall also be construed as amending the applicable provision of the 2007 or later Edition of the Building Code. The Building Code, as thus amended, together with all other provisions of this article, shall be known as the City of Santa Ana Building Code. Appendix Chapters 1 and other appendicies which are adopted pursuant to this section, are as follow: Volume II Appendix Chapter 1 Administration, except Section 105.1.1 and 105.1.1. (a) Section 105.3.2 is amended to read as a follows: Sec. 105.3.2. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or the permit has been issued; except that the Building Official may Ordinance No. NS-XXXX 11 B-3 Page 3 of 37 extend the time for action by the applicant for a period not exceeding one hundred and eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. (b) Section 106.3 is amended to read as follows: Sec. 106.3 Examination of documents. The building official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. When submittal documents are required by section 106.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fees are separate fees from the permit fees specified in the section 108.2 and are in addition to the permit fees. Said plan review fee shall be set forth in the City Council Fee Resolution. Appendix I Appendix J SECTION 4: That section 8-94 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-94. Permits required (Appendix Chapter 1, Section 105). Section 105.1 of Appendix Chapter 1 of the building code is amended to read as follows: 105.1 Permits required. Except as specified in Section 105.2 of this section, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, demolished or maintained unless a separate permit for each building or structure has first been obtained from the building official. SECTION 5: That section 8-95 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Ordinance No. NS-XXXX 11 B ~4 Page 4 of 37 Sec. 8-95. Exempted work (Appendix Chapter 1, Section 105.2). Section 105.2 of Appendix Chapter 1 of the building code is amended by adding the following exception to item 2 therein: Exception: A permit shall be required for any fence required by section 8- 20 of the Santa Ana Municipal Code, pertaining to fences required for swimming pools, ponds or other bodies of water. SECTION 6: That section 8-99 of the Santa Ana Municipal Code is hereby deleted in its entirety (deleted language in strikeout for tracking purposes only): Sec. 8-99. Reserved. SECTION 7: That section 8-112 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-112. Certificate of occupancy (Appendix Chapter 1, Section 110). Section 110 of Appendix Chapter 1 of the building code is amended to read as follows: Section 110 -- Certificate of Occupancy 110.1 Use and occupancy. (1) No newly constructed building or structure shall be used or occupied, and no change in the existing occupancy classification of an existing building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided herein. EXCEPTION: Group R, Division 3 and Group U Occupancies. (2) No alteration to an existing building which changes the floor area of the building or which changes the exits from the building shall be made until the building official has issued a certificate of occupancy therefor as provided herein. (3) No change of occupant within a building or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. EXCEPTION: Group R, Divisions 1 and 3, and Group U Occupancies. (4) No building or structure shall be connected with utility services, nor shall a building or structure whose electrical service has been disconnected be reconnected with electrical service until an inspection has been made and the building official has determined that the building does not constitute an Ordinance No. NS-XXXX 11 B-5 Page 5 of 37 unsafe building. (5) Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. 110.2 Change in use. Changes in the character or use of a building shall not be made except as specified in Section of this code. 110.3 Certificate issued. After the building official inspects the building or structure or the portion thereof which is the subject of a change of owner or occupant and finds no violations of the provisions of this code or other laws which are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy which shall contain the following: 1. The building permit number, if applicable. 2. The address of the building. 3. The name and address of the owner or occupant, as appropriate. 4. A description of that portion of the building for which the certificate is issued. 5. A statement that the described portion of the building has been inspected for compliance with the requirements of this code for the group and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. Such additional information as the building official may determine to be appropriate. 8. The use and occupancy in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupancy load. 11. If an automatic sprinkler system is provided, a statement indicating whether the sprinkler system is required. 12. Any special stipulations and conditions for the building permit. Ordinance No. NS-XXXX 11 B-6 Page 6 of 37 110.4 Temporary certificate. If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a temporary certificate of occupancy may be issued for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. The Building Official shall set a time period during which the Temporary Certificate of Occupancy is valid. 110.5 Posting. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official. 110.6 Revocation. The building official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this code whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 110.7 Inspections. It shall be the responsibility of the owner or occupant whose action makes necessary the issuance of a certificate of occupancy pursuant to this section to apply to the building official for the inspection of the building or structure or portion thereof as necessary to obtain such certificate. Each application shall be accompanied by the payment of a nonrefundable application processing fee and an inspection fee, which shall be refunded if an inspection proves to be unnecessary, in such amounts as shall be established by resolution of the city council. The building official and the executive director of finance and management services shall establish procedures and forms to implement this subsection. 110.8 Prohibition against falsification. No person shall alter or reproduce a certificate of occupancy for the purpose of circumventing the requirements of this section. SECTION 8: That section 8-113 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec.8-113. Reserved. SECTION 9: That section 8-114 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec 8-114. Reserved. SECTION 10: That section 8-115 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec 8-115. Reserved. Ordinance No. NS-XXXX 11 B-7 Page 7 of 37 SECTION 11: That section 8-116 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec.8-116. Reserved. SECTION 12: That section 8-130 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-130. Reserved. SECTION 13: That section 8-131 of the Santa Ana Municipal Code is deleted in its entirety: Sec.8-131. Reserved. SECTION 14: That section 8-132 of the Santa Ana Municipal Code is deleted in its entirety: Sec.8-132. Reserved. SECTION 15: That section 8-150 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-150. Fire protection requirements (Volume 2, Section 3403.1). The first paragraph of Section 3403.1 of the building code is amended by adding thereto the following: EXCEPTION: If additions, alterations or repairs made to any building constructed prior to January 1, 1946, other than an R-occupancy building, exceed fifty thousand dollars ($50,000.00) in cost in any one-year period, then either (A) the entire building must be completely sprinklered in accordance with fire department standards, or (B) the building must comply with all the following requirements: 1. The ceiling of a roof system shall be of one-hour construction, and all ceiling or wall penetrations shall have approved fire dampers. 2. All stairways shall be completely enclosed with one-hour construction to exits; and enclosed stairways or required exits shall lead directly to the outside of the building. 3. Draft stops are required in floors in accordance with Section 708.3. In attic areas, one-hour walls shall be required for every one Ordinance No. NS-XXXX 11 B-8 Page 8 of 37 thousand (1,000) square feet of area. 4. Smoke detectors with an alarm system, receiving their primary power from the building wiring, shall be required throughout the building in accordance with NFPA standards. 5. Either (a) corridors, regardless of occupant load, shall be one-hour construction; or (b) a "life safety" sprinkler system, as approved by the fire department, shall be installed in all corridors. SECTION 16: The City Council of the City of Santa Ana hereby finds, determines and declares that amendments to section 8-290 are necessary because the water table is less than eight (8) feet deep in certain areas of the City of Santa Ana. Gray water implementation may cause cross-contamination of ground water with untreated wastewater from gray water systems, thereby contaminating underground potable water sources. SECTION 17: That section 8-290 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-290. Adoption by reference. There is adopted by the city that certain code known as the California Plumbing Code, 2007 Edition, except Chapter 16, including the following appendices thereto: A, B, D, I and K, (hereinafter referred to in this article as the "Plumbing Code" or "plumbing code"), together with subsequent supplements or amendments, which shall become effective, adopted and incorporated by reference into the Santa Ana Municipal Code on the date specified by the State Building Standards Commission, unless otherwise specified, of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the City of Santa Ana pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Plumbing Code is adopted and incorporated by reference as fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Plumbing Code set forth in this Chapter of the Santa Ana Municipal Code that specifically amend the Plumbing Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended apre-2007 Edition of the "Plumbing Code" shall also be construed as amending the applicable provision of the 2007 or later Edition of the Plumbing Code. The Plumbing Code as amended, together with all other provisions of this article, shall be known as the City of Santa Ana Plumbing Code. SECTION 18: That section 8-301 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-301. Authority Having Jurisdiction (Section 203.0). Ordinance No. NS-XXXX 11 B-9 Page 9 of 37 Section 203.0 of the plumbing code is amended to read as follows: Whenever the term "Authority Having Jurisdiction" is used in this code, it shall be construed to mean the building official of the city or his authorized representative. SECTION 19: That section 8-308 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-308. Permit required (Appendix Chapter 1 Section 103.1.1). Appendix Chapter 1 Section 103.1.1 of the plumbing code is amended to read as follows: 103.1.1 Permits required. It shall be unlawful for any person, firm or corporation to install, remove, alter, repair, replace or maintain any plumbing system regulated by this code except as permitted in Section 103.1.2, or cause the same to be done, without first obtaining a separate permit to do such work from the authority having jurisdiction for each separate building or structure. SECTION 20: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-340 amending California Plumbing Code section 314.3 is necessary because the topography of the City of Santa Ana is near sea level. This is problematic for long distance drainage as proper drainage requires a minimum of a one percent (1 %) downhill grade. The amendment of section 8-340 provides soil compaction guidelines so that installation of the drain line is well supported and prevents the failure or sagging of the drain lines due to the short range of elevation between the topographical surface of the City and the topographic surface level and location of the sewage treatment plant that the drains must reach. As a result, a certification by a registered soils engineer is necessary because there must be specific guidelines for compaction or there is a potential risk of the system's failure to drain properly. SECTION 21: That section of 8-340 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-340. Piping in the ground (California Plumbing Code Section 314.3). Section 314.3 of the Plumbing Code is amended to read as follows: 314.3. Piping in the ground shall be laid on a firm bed for its entire length. Building drains, sewers and storm drain piping systems in the ground, and designed and approved at less than one (1) percent grade, shall be laid on a continuous firm bed, certified by a registered soils engineer as having a compaction level of not less than ninety (90) percent density. Where support is otherwise provided, it shall be acceptable to the Authority Having Jurisdiction. Ordinance No. NS-XXXX 11 B ~ ~ 0 Page 10 of 37 SECTION 22: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-341 amending California Plumbing Code section 314.7 is necessary to provide proper support for all horizontal piping, because of the significant potential for damage due to seismic activity. Cast iron is deemed unsafe in light of the seismic zone because of its weight and flexibility. Santa Ana is in close proximity to major active fault systems in Southern California. This area has been designated as the highest seismic risk zone in the hierarchy that rates the potential risk for seismic activity by geographical areas. As a result, a finding has been made that all suspended piping is to be braced to prevent movement or pipe failure. SECTION 23: That section 8-341 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-341. Horizontal piping (California Plumbing Code Section 314.7). Section 314.7 of the Plumbing Code is amended to read as follows: 314.7 All gas piping, horizontal cast iron drain, waste and vent piping, and all other suspended horizontal piping two and one-half (2 '/Z) inches and larger, shall be supported with approved rod and hangars. Exception: plumbers tape (perforated strap iron) may be used to support piping two (2) inches and smaller in type V (wood) construction only. Plumbers tape shall be galvanized and not less than three-fourths (3/4) inch wide and twenty two (22) gage. SECTION 24: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-342 amending California Plumbing Code Table 3-2 is necessary to provide proper support for all horizontal piping, because of the significant potential for damage due to seismic activity. Cast iron is deemed unsafe in light of the seismic zone because of its weight and flexibility. Santa Ana is in close proximity to major active fault systems in Southern California. This area has been designated as the highest seismic risk zone in the hierarchy that rates the potential risk for seismic activity by geographical areas. As a result, a finding has been made that all suspended piping is to be braced to prevent movement or pipe failure. SECTION 25: That section 8-342 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-342. Suspended piping support (California Plumbing Code, Table 3-2). Table 3-2 of the plumbing code is amended by adding footnote 2 to the requirements for horizontal piping of all materials specified in Table 3-2 of the California Plumbing Code. Ordinance No. NS-XXXX 11 B-11 Page 11 of 37 SECTION 26: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-400 amending California Plumbing Code section 609.3.1 is necessary because of the caustic chemical composition of the soil in the City of Santa Ana, pipes subject to contact with the soil are susceptible to corrosion potentially causing damage or failure. In addition, nonmetallic piping, and particularly plastic or other materials may leach caustic chemicals into the water supply. Moreover, since Santa Ana is located in the highest seismic design categories, plastic and other nonmetallic types of piping are susceptible to fracture, joint weakening and potential failure during seismic activity. In addition, throughout the City of Santa Ana varied soil conditions exist, resulting in acidic soil conditions. It is determined that these additional safeguards against corrosion of the piping materials are necessary to maintain a properly functioning plumbing system. SECTION 27: That section 8-400 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-400. Water piping in buildings (California Plumbing Code Section 609.3.1). Section 609.3.1 of the Uniform Plumbing Code is amended to read as follows: 609.3.1 Nonmetallic and ferrous piping shall be prohibited; except that ferrous piping four (4) inches and larger may be used when protected against corrosion and installed in channels, tubes, or in a similar protective manner when approved by the Authority Having Jurisdiction. SECTION 28: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-401 amending California Plumbing Code section 610.8 using Table 6-6 is necessary because Santa Ana is located in an area of low rainfall and hot, dry summer climatic conditions. These conditions cause multiple water sources to be accessed concurrently by the same user. As a result, a 3/4" water supply pipe may be insufficient to supply the water demanded in any given instance. SECTION 29: That section 8-401 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-401. Building supply pipe (California Plumbing Code Section 610.8 using Table 6.6). Section 610.8 of the Plumbing Code is amended to read as follows: 690.8 Size of meter and building supply pipe using Table 6-6. The size of the meter and the building supply pipe shall be determined as follows: 1. Determine the available pressure at the water meter or other source of supply. 2. Subtract one-half (1/2) pound per square inch pressure (3.4 kPa) for each foot (305 mm) of difference in elevation between such source of supply Ordinance No. NS-XXXX 11 B ~ 12 Page 12 of 37 and the highest water supply outlet in the building or on the premises. 3. Use the "pressure range" group within which this pressure will fall using Table 6-6. 4. Select the "length" column that is equal to or longer than the required length. 5. Follow down the column to a fixture unit value equal to or greater than the total number of fixture units required by the installation. 6. Having located the proper fixture unit value for the required length, sizes of meter and building supply pipe as found in the two left-hand columns shall be applied. No building supply pipe shall be less than three-quarters (3/4) inch (20 mm) in diameter. Each single family residential structure shall be served with a main water supply pipe of not less than one (1) inch I.D. Two (2) hose bibbs served by three-quarter (3/4) I.D. pipe or larger shall be provided; one serving the front yard and one serving the rear yard. SECTION 30: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-402 amending California Plumbing Code Table 6-6 is necessary because Santa Ana is located in a desert plain subject to seasonal hot, dry winds. In order to assure an adequate water supply for common domestic water demand, in addition to landscape irrigation needs, it is determined that an increase from a 3/" diameter pipe supply to an 1"diameter supply and two 3/" diameter hose bibbs in the front and back yards for irrigation is justified. SECTION 31: That section 8-402 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-402. Building supply pipe (California Plumbing Code, Table 6-6) Table 6-6 of the Plumbing Code is amended by changing the triple asterisk footnote to read as follows: *** Building Supply- three-quarter (3/4) inch (20 mm) nominal size minimum, - 1"minimum diameter for each single-family residential structure. SECTION 32: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-405 amending California Plumbing Code section 718.1 is necessary because of problems which have arisen in excessively flat-graded drain systems. Santa Ana's sewer system in many areas is relatively shallow. This has precluded the design and installation of drainage systems within the code recommended grades. Additionally, many areas of Santa Ana have a high water table Ordinance No. NS-XXXX 11 B-13 Page 13 of 37 which results in an unstable soil condition. Pipe settlement due to uncompacted soil may result in a drainage system which is flat or reverse graded, causing stoppages or complete blockage of the drainage system. SECTION 33: That section 8-405 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-405. Grade, Support, and Protection of Building Sewers (Section 718.1). Section 718.1 of the California Plumbing Code is amended by adding the following paragraph thereto. Building sewer piping systems designed for grades of less than one (1) percent shall be designed by a registered civil engineer. The engineer shall be responsible for supervising the installation and shall certify in writing that the sewer installation is in compliance with the approved plan, relative to line and grade. SECTION 34: That section 8-556 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-556. Adoption by reference. There is adopted by the city that certain code known as the California Mechanical Code, 2007 Edition and with appendices A and C and code standards therein (hereinafter referred to in this article as the "California Mechanical Code" "Mechanical Code" or "mechanical code"), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into the Santa Ana Municipal Code on the date specified by the State Building Standards Commission, unless otherwise specified, of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the City of Santa Ana pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Mechanical Code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Mechanical Code set forth in this chapter of the Santa Ana Municipal Code that specifically amend the Mechanical Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended apre-2007 Edition of the "Mechanical Code" shall also be construed as amending the applicable provision of the 2007 or later Edition of the Mechanical Code. The Mechanical Code as amended, together with all other provisions of this article, shall be known as the City of Santa Ana Mechanical Code. SECTION 35: That section 8-557 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-557. Board of appeals (Appendix Chapter 1, Section 110). Ordinance No. NS-XXXX 11 B-14 Page 14 of 37 Section 110 of the mechanical code is deleted. SECTION 36: That section 8-558 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-558. Permits; required (Appendix Chapter 1, Section 112.1). Section 112.1 of the mechanical code is hereby amended to read as follows: It shall be unlawful for any person, firm or corporation to make any installations, alterations, repair, replacement or to remodel or maintain any mechanical system regulated by this code except as permitted in Section 112.2, or cause the same to be done without first obtaining a separate mechanical permit for each separate building or structure, each office suite, and each unit in a commercial or industrial building. SECTION 37: That section 8-559 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-559. Violations and penalties (Appendix Chapter 1, Section 111.0). Appendix Chapter 1 Section 111.0 of the mechanical code is amended to read as follows: Any person violating any provision of the mechanical code shall be punished as provided in section 1-8 of the Santa Ana Municipal Code, and in addition, all procedures for the correction of illegal conditions shall apply. Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which is authorized is lawful. The issuance or granting of a permit or approval of plans shall not prevent the authority having jurisdiction from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on there under when in violation of this code or of any other ordinance or from revoking any certificate of approval when issued in error. SECTION 38: That section 8-560 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Ordinance No. NS-XXXX 11 B-15 Page 15 of 37 Sec. 8-560. Fees (Appendix Chapter 1, Section 115 and Table No. 1-1 ). Sections 115.1, 115.2, 115.3, 115.3.2, 115.5, 115.6, 115.6.1, 115.6.2, and 115.6.3, and Table No. 1-1 of the mechanical code are deleted SECTION 39: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-570 amending California Mechanical Code section 602.1 is necessary because of corrosion related to the high seasonal humidity in this coastal area which prevents moisture collecting in flexible ducting of evaporative cooling systems from draining and evaporating, contributing to the deterioration of the ductwork thereby endangering person's health and the environment. SECTION 40: That section 8-570 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-570. Ducts--Material (Section 602.1). Section 602.1 of the mechanical code is amended to read as follows: Sec. 602.1 Material. Supply air, return air and outside air for heating, cooling or evaporative cooling systems shall be conducted through duct systems constructed of metal as set forth in Tables Nos. 6-1, 6-2, 6-3, 6-4, 6-8, 6-9; or metal ducts complying with U.M.C. Standard No. 6-1 with prior approval; or factory-made air ducts complying with U.L. Standard No.181. Ducts, plenums and fittings may be constructed of asbestos cement, concrete, clay or ceramics when installed in the ground or in a concrete slab, provided the joints are tightly sealed. EXCEPTION: Supply air duct, on the discharge side of an evaporative cooler, shall be conducted through rigid metal ducts constructed as set forth in Tables Nos. 6-1, 6-2, 6-3, 6-4, 6-8, 6-9, and unless prohibited by structural conditions shall be graded in the direction of the supply outlet. Factory-made air ducts complying with U.L. Standard No. 181 shall be limited to installation in a vertical position only. Note: Vertical shall be defined as not more than forty-five (45) degrees from the vertical. SECTION 41: That section 8-667 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-667. Adoption by reference. There is adopted by the city that certain code known as the California Electrical Code 2007 Edition and the administrative provisions set forth herein, except Article 80 Ordinance No. NS-XXXX 11 B-16 Page 16 of 37 of the Electric Code, (hereinafter referred to in this article as the "Electrical Code") together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into the Santa Ana Municipal Code on the date specified by the State Building Standards Commission, unless specifically adopted prior to that date, of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the City of Santa Ana pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Electrical Code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Electrical Code set forth in this Chapter of the Santa Ana Municipal Code that specifically amend the Electrical Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended apre- 2007 Edition of the "Electrical Code" shall also be construed as amending the applicable provision of the 2007 or later Edition of the Electrical Code. The Electrical Code as amended, together with all other provisions of this article, shall be known as the City of Santa Ana Electrical Code. SECTION 42: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-815 amending California Electrical Code section 110-5 is necessary because earthquakes are a common occurrence in the local area, Santa Ana is located in the highest seismic design categories in the hierarchy that rates the potential risk for seismic activity by geographical areas. As such, there is a likelihood that conductors smaller than 4 AWG will have a propensity to work loose from their connection potentially precipitating a fire during seismic activity. It is therefore determined that said amendment is necessary to address the risk of fire due to such causes. SECTION 43: That section 8-815 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-815. Conductors (Section 110-5). Section 110-5 of the California Electrical Code is amended by adding a sentence to read as follows: All sections of this California Electrical Code allowing the use of aluminum conductors are subject to the limitation that no aluminum conductor smaller than No. 4 AWG shall be used. SECTION 44: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-942 amending California Electrical Code section 334-12 is necessary because earthquakes are a common occurrence in the local area and that, unlike wire installed in conduit or raceways, non-metallic sheathed cable does not provide the degree of protection that is needed in the event of an earthquake. Moreover, it is determined that exposed non-metallic sheathed cable is particularly hazardous. Therefore, this amendment is Ordinance No. NS-XXXX 11 B ~ ~ 7 Page 17 of 37 necessary to assure that adequate protection is provided in the workplace and in other places of public gathering. SECTION 45: That section 8-942 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-942. Uses not permitted (Section 334-12). Section 334-12 of the California Electrical Code is amended to read as follows: Sec. 334-12. Uses Not Permitted. (A) Types NM, NMC and NMS. Types NM, NMC and NMS cables shall not be permitted as follows: 1. In any multifamily dwelling or other structure exceeding three floors above grade. For the purpose of this article, the first floor of a building shall be that floor that has 50 percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. Exception: An additional level shall be permitted where the renovation of attic, vehicle parking, or storage space creates a habitable floor level in an existing one-family dwelling. 2. Exposed in dropped or suspended ceilings in other than one- and two-family and multifamily dwellings 3. As service-entrance cable 4. In any nonresidential building or structure 5. In hoistways 6. Embedded in poured cement, concrete, or aggregate (B) Types NM and NMS. Types NM and NMS cables shall not be installed in the following: 1. Where exposed to corrosive fumes or vapors 2. Where embedded in masonry, concrete, adobe, fill, or plaster 3. In a shallow chase in masonry, concrete, or adobe and covered with plaster, adobe, or similar finish 4. Where exposed or subject to excessive moisture or dampness SECTION 46: That section 8-2000 of the Santa Ana Municipal Code is hereby amended to read as follows: Ordinance No. NS-XXXX 11 B ~ ~ ~ Page 18 of 37 Sec. 8-2000. Adoption by reference. There is adopted by the city that certain code known as the 2006 International Property Maintenance Code (hereinafter referred to as the "Property Maintenance Code" ), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on each new official publication date of the International Property Maintenance Code, of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the City of Santa Ana pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The said Code is adopted and incorporated as fully as if set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Property Maintenance Code set forth in this chapter of the Santa Ana Municipal Code that specifically amends the Property Maintenance Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended apre-2006 Edition of the "Property Maintenance Code" shall also be construed as amending the applicable provision of the 2006 or later Edition of the Property Maintenance Code. The Property Maintenance Code, as thus amended, together with all other provisions of this article, shall be known as the City of Santa Ana Property Maintenance Code. (a) Section 302.8 of the Property Maintenance Code is amended to read as follows: 302.8 Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, unless within an enclosed structure, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Occupancy of any motor vehicle for the purpose of living, sleeping, eating or cooking shall only occur within an approved trailer park. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. When auto repairs or maintenance occur on a property used for residential occupancy, only vehicles registered to the premises may undergo such repairs or maintenance. (b) Section 304.3 of the Property Maintenance Code is amended to read as follows: [F] 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Numbers shall be a minimum of 4 inches (102 mm). (c) Section 304.14 of the Property Maintenance Code is amended to read as follows: Ordinance No. NS-XXXX 11 B-19 Page 19 of 37 304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have aself-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. (d) Section 305.1.1 of the Property Maintenance Code is amended to read as follows: 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the California Building Code: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or loads effects; 3. Structures or components thereof that have reached their limit state; 4. Structural members are incapable of supporting nominal loads and load effects; 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code official. (e) Section 505.1 of the Property Maintenance Code is amended to read as follows: 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code. Ordinance No. NS-XXXX 11 B-20 Page 20 of 37 (f) Section 602 of the International Property Maintenance Code is amended to read as follows: 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the California Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exception: In areas where the average monthly temperature is above 30°F (-1 °C), a minimum temperature of 65°F (18°C) shall be maintained. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68 °F (20°C) in all habitable rooms, bathrooms, and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the California Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1 °C) a minimum temperature of 65°F (18°C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 65 °F (18°C) during the period the spaces are occupied. (g) Section 604.1 of the Property Maintenance Code is amended to read as follows: 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605 of this Code. Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes. SECTION 47: That section 8-2500 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Ordinance No. NS-XXXX 11 B ~2 ~ Page 21 of 37 Sec. 8-2500. Adoption by reference. There is adopted by the city that certain code known as the International Association of Plumbing and Mechanical Officials Uniform Solar Energy Code, 2006 Edition, (hereinafter referred to in this article as the "International Association of Plumbing and Mechanical Officials Uniform Solar Energy Code" or "Solar Energy Code") save and except that portion entitled "Part I, Administrative," together with subsequent supplements, amendments, or editions, which upon the date of official publication, shall become effective, adopted, and incorporated by reference into this Code, unless otherwise specified, of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the City of Santa Ana pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The solar energy code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the International Association of Plumbing and Mechanical Officials Uniform Solar Energy Code set forth in this chapter of this Code that specifically amend the International Association of Plumbing and Mechanical Officials Uniform Solar Energy Code. Any previously enacted, unrepealed provision of this Code that amended apre-2006 edition of the "Solar Energy Code" shall also be construed as amending the applicable provision of the 2006 or later edition of the solar energy code. The solar energy code as amended, together with all other provisions of this article, shall be known as the city solar energy code. SECTION 48: That section 8-2600 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-2600. Adoption by reference. There is adopted by the city that certain code known as the International Association of Plumbing and Mechanical Officials Uniform Swimming Pool, Spa and Hot Tub Code, 2006 edition, save and except that portion entitled "Part I, Administrative" (hereinafter referred to in this article as the "Uniform Swimming Pool, Spa and Hot Tub Code"), of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the City of Santa Ana pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The uniform swimming pool, spa and hot tub code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the uniform swimming pool, spa and hot tub code set forth in this chapter of this Code that specifically amend the uniform swimming pool, spa and hot tub code. Any previously enacted, unrepealed provision of this Code that amended apre-2006 edition of the uniform swimming pool, spa and hot tub code shall also be construed as amending the applicable provision of the 2006 or later edition of the uniform swimming pool, spa and hot tub code. The uniform swimming pool, spa and hot tub code, as amended, together with all other provisions of this article, shall be known as the city swimming pool, spa and hot tub code. Ordinance No. NS-XXXX 11 B-22 Page 22 of 37 SECTION 49: That section 14-1 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14-1. Adoption of the International Fire Code, 2006 Edition, and the California Fire Code, 2007 Edition. There is hereby adopted by the City of Santa Ana that certain code known as the "International Fire Code, 2006 Edition and the California Fire Code 2007 Edition," and the whole thereof including the Appendices therein, errata issued during and after the publishing date, save and except such portions as are hereinafter deleted or amended, of which code not less than one (1) copy has been and is now on file in the office of the Clerk of the Council of the City of Santa Ana pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The said code is adopted and incorporated as fully as if set forth at length herein and, subject to all amendments set forth in this article, shall be in effect within the City of Santa Ana from the effective date of this article. Any provision of this article amending the above mentioned codes shall be construed as amending the 2006 and 2007 editions thereof including such provisions enacted prior to this adoption of the said 2006 and 2007 editions and not thereafter repealed. The said International Fire Code, 2006 edition and the California Fire Code 2007 edition, as thus amended, together with all other provisions of this article, shall be known as the "Fire Code of the City of Santa Ana". SECTION 50: That section 14-18 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14-18. Board of Appeals (Section 108). Section 108 of the California Fire Code is amended to read as follows: The planning commission shall have the power and be required to hear appeals regarding the fire marshal's denial of, or refusal to grant, any application for a permit required under any provision of the fire code, the determination of the suitability of alternative materials and types of construction, and the reasonable interpretation of the provisions of the fire code in the event of a dispute occurring in the permit application process. Any such appeal shall be filed with the secretary for the planning commission. SECTION 51: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 14-21 amending California Fire Code section 202, Definition of High-Rise Structure is necessary due to the climatic and geographic conditions of high winds and low humidity. This combination of events creates an environment that is conducive to rapidly spreading fire. Control of such fire requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene. Moreover, this area has been designated as the highest seismic risk zone in the hierarchy that rates Ordinance No. NS-XXXX 11 B-23 Page 23 of 37 the potential risk for seismic activity by geographical areas. The viability of the public water system would be questionable after a large earthquake leaving tall buildings vulnerable to uncontrolled fires and the inability to pump sufficient quantities of water to upper floors. SECTION 52: That section 14-21 is added to Chapter 14 of the Santa Ana Municipal code to read in full as follows: Sec. 14-21. Definitions (Section 202). Section 202 of the California Fire Code is adopted in its entirety, except for the following amendment revising the definition of High-Rise and adding a definition for Planned Unit Development building as follows: HIGH-RISE BUILDING. As used in this Code: 1. "Existing high-rise structure" means ahigh-rise structure, the construction of which is commenced or completed prior to July 1, 1974. 2. "High-rise structure" means every building of any type of construction or occupancy having floors used for human occupancy located more than 55 feet above the lowest floor level having building access (see California Building Code, Section 403.1.2), except buildings used as hospitals as defined in Health and Safety Code Section 1250. 3. "New high-rise structure" means ahigh-rise structure, the construction of which is commenced on or after July 1, 1974. PLANNED UNIT DEVELOPMENT (PUD) or PLANNED RESIDENTIAL UNIT DEVELOPMENT. As used in this Code, is a residential subdivision or partition of land resulting in three or more dwelling units; as approved and recorded in accordance with local planning and zoning regulations. SECTION 53: That section 14-22 is added to Chapter 14 of the Santa Ana Municipal code to read as follows: Section 14-22. Open Burning and Recreational (Section 307) (a) Section 307.1 of the California Fire Code is amended to read as follows: Section 307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning or recreational fire unless conducted and approved in accordance with this section. (b) Section 307.1.1 of the California Fire Code is amended to read as follows: Section 307.1.1 Prohibited open burning and prohibited recreational fires. Ordinance No. NS-XXXX 11 B-24 Page 24 of 37 Open burning or recreational fires that are offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. (c) Section 307.3 of the California Fire Code is amended to read as follows: Section 307.3 Extinguishment authority. The fire code official is authorized to order the extinguishment by the permit holder, another person responsible or the fire department of open burning or recreational fire that creates or adds to a hazardous or objectionable situation. SECTION 54: That section 14-23 is added to Chapter 14 of the Santa Ana Municipal Code to read as follows: Sec. 14-23. Accidental alarms (Section 401). Section 401.6 is added to the California Fire Code, to read as follows: 401.6 Accidental Alarms (a) As used herein, the following terms shall have the following meanings: "Accidental alarm" means an alarm, message, signal, or notice received by the fire department as a result of the failure of a fire alarm system to function properly. "Manually activated alarm system" means a nonresidential alarm system which is activated while the business is open and/or occupied and activated by the deliberate acts of an employee, or a residential alarm system designed to be activated by a tenant from within a residential unit. It does not include manual pull stations activated from areas accessible to the public. "Automatic alarm system" means an alarm system other than a manually activated alarm system. It does not include manual pull stations activated from areas accessible to the public. (b) When accidental alarms are received by the fire department, the fire chief is authorized to demand that the user of the responsible fire alarm system correct, replace, or disconnect such system. (c) Except as otherwise provided in subsection (d) of this section, any person having an alarm system which results in a fire department response in which the alarm proves to be an accidental alarm shall pay a penalty assessment fee to the city as follows: Ordinance No. NS-XXXX 11 B-25 Page 25 of 37 (1) Accidental alarms received by the city fire department from automatic alarm systems which are in excess of the maximum allowable number, as set forth in paragraph (3) of this subsection, shall result in an automatic alarm penalty assessment in such amount as shall be set by resolution of the city council. (2) Alarms from manually activated alarm systems which are in excess of the maximum allowable number of false alarms, as set forth in paragraph (3) of this subsection, shall result in a manually activated alarm penalty assessment in such amount as shall be set by resolution of the city council. (3) Penalty assessments shall be made for accidental alarms which number more than one (1) in any thirty-day period; or more than two (2) within any ninety-day period; or more than three (3) within any one-year period. (d) Commencing with the date of a new alarm installation and continuing until the date six (6) months thereafter, or until there have been three (3) accidental alarms from such new alarm installation, whichever first occurs, subsection (c) of this section shall not apply to accidental alarms from such new alarm installation. (e) The fire chief reserves the right to discontinue response by fire department personnel to any location of a silent or audible alarm when: (1) The alarm user has been given written notice and assessed six (6) penalty assessments within aone-year period; or (2) The alarm user has failed to pay any such penalty assessment. Reinstatement may occur when the alarm user has taken steps to eliminate or correct the problem(s) and has documented the corrective action in writing to the fire chief. SECTION 55: That section 14-24 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14-24. Required markings for fire apparatus access roads (Section 503). (a) Subsection 503.3of the California Fire Code is amended to read as follows: 503.3 General (a) Required markings. Any owner or occupant of a private parking area, including, but not limited to, private streets or roadways, driveways, off-street parking facilities, alleys, parking lots and any other nonpublic place Ordinance No. NS-XXXX 11 B-26 Page 26 of 37 where vehicles of any type or kind are intended to be or are often found, must: (1) Post emergency fire lane signs as directed in subsection (b), or (2) Paint appropriate curbs or pavement in red paint pursuant to subsection (c) and as directed by the fire chief or his designated representative. (b) Signs. The fire chief or his designated representative may direct the owner or occupant of the area described in subsection (a) as to the location that said signs must be posted by said owner or occupant. If not so directed, the said owner or occupant must post signs in an obvious, conspicuous location immediately adjacent to, and visible from, the designated fire lane clearly stating in letters not less than one (1) inch in height that the area is afire lane. (c) Paint. All painting to be performed as described in subsection (~a) shall consist of outlining or painting the designated fire lane in red and, in contrasting color, marking the place with the words "FIRE LANE" which are clearly visible from a vehicle, or by painting a red curb or red paint on the edge of the roadway upon which is clearly marked the words "FIRE LANE." SECTION 56: That section 14-24 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14-25. Access roadways for apparatus (Section 503). (a) Subsection 503.1.1 of the California Fire Code is amended to read as follows: (a) Required construction. Every building or portions of buildings hereafter constructed shall have fire apparatus access roadways. Such access roadways shall provide two (2) separate but interconnected means of ingress and egress. Access shall be at least twenty (20) feet in clear width. Aforty-foot outside and twenty-foot inside radius shall be provided wherever they make a turn. The total width shall be continuously paved to accommodate sixty thousand (60,000) pounds and shall not exceed the angle of departure (eight (8) degrees or fourteen (14) percent) for fire apparatus on any slope. Access roadways shall have a vertical clearance of not less than thirteen (13) feet six (6) inches above the finished driveway surface. EXCEPTIONS: When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section Ordinance No. NS-XXXX 11 B-27 Page 27 of 37 may be modified. 2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 901.4.3. 3. When there are not more than two (2) Group R, Division 3 or Group U Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, firefighting or rescue operations would not be impaired. (b) Extent. The access roadway shall be extended to within one hundred fifty (150) feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be provided as required and approved by the fire marshal. (c) Fire protection alternate. Where fire protection systems approved by the fire marshal are provided, the above required clearance may be modified. (d) Oversizing. The fire marshal shall have the authority to require an increase in the minimum access width where such width is not adequate for fire or rescue operations. (b) Subsection 503.7 is added to the California Fire Code to read as follows: 503.7 Planned Unit Development Access. (a) Road widths. Access roadways or streets in a PUD shall comply with the provisions of Santa Ana Municipal Code Sections 14-24 and 14-25 as well as the road widths as follows: 20 feet wide when parking is not allowed on either side of the roadway. 30 feet wide when parking is not allowed on only one side of the roadway and, 40 feet wide when parking is not restricted. Exceptions: The Fire Marshal is authorized to modify the provisions of this section when all buildings are completely protected with an approved sprinkler system. (b) Dead Ends. Dead end fire department access roads shall be in accordance with Santa Ana Municipal Code Section 14-25. Ordinance No. NS-XXXX 11 B ~2 ~ Page 28 of 37 (c) Cul-de-sacs. Cul-de-sacs shall be maintained clear and unobstructed as required by Santa Ana Municipal Code Section 14-25. (c) Subsections 503.2, 503.2.1, 503.2.2, 503.2.3, 503.2.4 of the California Fire Code are deleted. (d) Subsection 503.4 of the California Fire Code is amended to read as follows: 503.4 Obstruction of emergency access lanes. (a) Obstructing emergency access lane. (1) The required width of any fire apparatus access road shall not be obstructed in any manner. Minimum required widths and clearances established under this section shall be maintained at all times. (2) No person shall cause or permit any vehicle, including, but not limited to, automobile, motorcycle, truck, bicycle or any other vehicle in his control or ownership, to be stopped in an area designated for emergency vehicles. (3) This section applies to all non-emergency vehicles whatsoever, attended or unattended, stopped for any length of time except when necessary to avoid conflict with other traffic or in compliance with directions of a police officer or fireman. (4) Any vehicle found in violation of this section may be towed at the owner's or operator's expense at the request of any Santa Ana police officer, parking control officer, California Highway Patrol officer, Orange County deputy sheriff or any fire department personnel described in section 1-18 of this Code. (b) Infraction violations. Any violation of this subsection 503.4 shall be deemed an infraction. SECTION 57: That section 14-26 is added to Chapter 14 of the Santa Ana Municipal Code to read as follows: Subsection 505.1 of the California Fire Code is amended to read as follows: Section 505.1 Address numbers. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast Ordinance No. NS-XXXX 11 B ~2 9 Page 29 of 37 with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 (12.7mm) for single family residences. All multi-family, multi-retail and multi-commercial occupancies shall have a minimum of 6 inches high numbers, with a minimum one and one half inch (1'/2") stroke. All light and heavy industrial occupancies shall have a minimum of 10 inches high numbers, with a minimum one and one half inch (1 '/2") stroke. All complexes that are three (3) stories or greater in height and/or have two (2) or more building units shall have a minimum of 10 inch high numbers, with a one and one half inch (1'/2") stroke. All multi-family, multi-retail and multi-industrial occupancies shall identify individual units with numbers a minimum of 4 inches, affixed to the unit's front door entrance or frame. All buildings with a rear door access shall identify that unit with the proper numbers affixed to the door or frame. All buildings with two (2) or more units shall identify utility meters according to the unit being serviced. Numbers shall be affixed on a structure in clear view, unobstructed by trees or shrubs. SECTION 58: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of Section 14-27 amending California Fire Code section 508 is necessary due to climatic conditions of high winds and low humidity. Combined with high density city population conditions may be conducive to rapidly spreading fires. These climatic conditions and winds contribute to the rapid spread of even small fires originating in high density housing therefore creating a need for increased fire protection. This amendment defines fire flow, fire sprinkler and fire hydrant placement requirements. SECTION 59: That section 14-27 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14-27. Fire flow requirements (Section 508). (a) Subsection 508.1 of the California Fire Code is amended to read as follows: 508.1. Required water supply for fire protection. No building shall hereafter be constructed which would require a fire flow of more than five thousand five hundred (5,500) gallons per minute. No existing building shall be added to, altered, or changed in the character of its occupancy so as to increase its required fire flow above five thousand five hundred (5,500) gallons per minute. No existing building which currently requires a fire flow of more than five thousand five hundred (5,500) gallons per minute shall be added to, altered, or changed in the character of its occupancy if such addition, alteration or change would increase the fire flow required for such building. No building shall hereafter be constructed, and no additions, alterations, or repairs shall Ordinance No. NS-XXXX 11 B ~3 ~ Page 30 of 37 be made to an existing building within any twelve-month period which exceed twenty- five (25) percent of its value, and no existing building shall be changed in the character of its occupancy so as to increase the fire flow required for such building, unless fire hydrants and appurtenant water supply capable of delivering the fire flow that will be required for such building, with a residual pressure measured at the hydrant outlet of not less than twenty (20) pounds per square inch during times of average daily consumption, are located in accordance with the following distance limitations: In any case where this requirement applies solely by reason of additions, alterations, or repairs to an existing building; and in the case of new construction of a building designed for Group R, Division 3 occupancy, as defined in the building code of the City of Santa Ana, or building or structure accessory thereto: the required hydrant or hydrants must be located within five hundred (500) feet of all portions of the exterior walls of the building or be protected. Such required hydrant or hydrants may be located either on a public street or on the site of the premises to be protected. 2. In all other cases: the required hydrant or hydrants shall be located on the site of the premises to be protected, except that any required hydrant may be located on a public street if such location is within one hundred fifty (150) feet of all portions of the exterior walls of the building to be protected. Where more than one (1) fire hydrant is located on the site of the premises to be protected, or where a combination of hydrants located on such site and a public street are used to meet the distance requirements, the required fire flow in gallons per minute may be divided between such hydrants provided: That the combination of hydrants will deliver the required flow, and 2. That no single hydrant has a flow of less than one thousand five hundred (1,500) gallons per minute with a residual pressure measured at the hydrant outlet of not less than twenty (20) pounds per square inch during times of average daily consumption. Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains, or other fixed system capable of supplying the required fire flow, subject to the approval of the fire marshal. The precise location, number and type of fire hydrants connected to a water supply to be provided in accordance with this subsection shall be subject to the approval of the fire marshal. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 503. No use of an existing building, or any portion thereof, for either a place of assemblage or a Group H occupancy, as defined in subsections 903.2.1 and 903.2.4, shall be initiated or expanded unless the building as a whole will comply with the requirements of Ordinance No. NS-XXXX 11 B-31 Page 31 of 37 this subsection 508.1 such as would apply to the new construction of such building for the same uses. For purposes of this section, an existing building or structure shall be deemed to have a value equal to the current cost of construction of a building or structure of the same size and type of construction. In determining such value, the fire marshal shall be guided by the most recent building valuation data published by the International Conference of Building Officials. In determining the fire flow requirements for any building, structure, or fire area, the fire marshal shall proceed in accordance with the standards set forth in that certain "Santa Ana Fire Department Guide for Determination of Fire Flows," of which not less than one (1) copy is on file in the office of the clerk of the council of the City of Santa Ana. (b) Subsection 508.3 of the California Fire Code is amended to read as follows: 508.3. Fire Flow Methods. An automatic sprinkler system must be installed in buildings hereafter constructed, or when additions, alterations, or repairs are such as to require the building to comply with all the requirements of the building code of the City of Santa Ana for new buildings, in either of the following circumstances: • The building would require a fire flow of more than two thousand five hundred (2,500) gallons per minute if such system were not installed; • The building exceeds two stories in height. EXCEPTIONS: 1. Group R occupancies as defined in California Fire Code Section 903.2.7. 2. Open free standing parking structures, whether or not such structures exceed two (2) stories in height, constructed of noncombustible materials above grade, and meeting all of the provisions of the building code of the City of Santa Ana and National Fire Protection Association Standard 88A, need not be provided with automatic fire sprinkler unless such sprinklers would be required due to the area and height limitations of the building code of the City of Santa Ana or the estimated fire flow exceeds five thousand five hundred (5,500) gallons per minute. Where a conflict exists between the building code of the City of Santa Ana and National Fire Protection Association Standard 88A, the more restrictive requirement shall apply. (c) Subsections 508.5 and 508.5.1 of the California Fire Code are deleted. (d) Subsection 508.5.2 of the California Fire Code is amended to read as follows: Ordinance No. NS-XXXX 11 B-32 Page 32 of 37 508.5.2 Private Hydrant Testing. Private hydrant systems shall be inspected and serviced annually, and the owner shall correct any deficiencies immediately. Hydrants shall be flushed, valves operated and caskets and caps inspected. Hydrant paint shall be maintained in good conditions. SECTION 60: That section 14-28 is added to Chapter 14 of the Santa Ana Municipal Code to read as follows: Section 315.4 is added to the California Fire Code to read as follows: Section 315.4 Parade Floats. Section 315.4.1 Decorative Materials. Decorative materials on parade floats shall be non-combustible or flame retardant. Section 315.4.2 Fire Protection. Motorized parade floats and towing apparatus shall be provided with a minimum 2A10BC rated portable extinguisher readily accessible to the operator. SECTION 61: That section 14-29 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 14-29. Reserved. SECTION 62: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of Section 14-30 amending the California Fire Code section 903 is necessary due to artificially created topographic conditions. The City is 27 square miles with a population in excess of 350,000 with extensive traffic congestion. Depending on time of day and climatic conditions response times may be impacted. Therefore those occupancies that have the potential to large loss of life (Type "A") and those that have the highest potential for conflagration (Type "H") make it necessary to provide automatic on-site fire extinguishing systems in order to protect occupants and property. SECTION 63: That section 14-30 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14-30. Installation of automatic sprinkler systems (Section 903). (a) Subsection 903.2.1 of the California Fire Code is amended as follows: 903.2.1 Places of Public Assemblage An automatic sprinkler system must be installed in any portion of a building whether newly constructed or preexisting, in or into which the following use is initiated or expanded. A place of public assemblage which provides for the gathering together of one hundred (100) or more persons, for such purposes of deliberation, education, instruction, worship activities, entertainment, amusement, or the awaiting of transportation, or in a dining or drinking establishment. Ordinance No. NS-XXXX 11 B-33 Page 33 of 37 (b) Subsection 903.2.4.1 of the California Fire Code is amended as follows: 903.2.4.1 Group H Occupancies. An automatic sprinkler system must be installed in any portion of a building, whether newly constructed or preexisting, in or into all H occupancies as defined by the City of Santa Ana building code. (c) Subsections 903.2.3, 903.2.5, 903.2.6, 903.2.7, 903.2.8, 903.2.8.1, 903.2.8.2 and 903.2.9 of the California Fire Code are subject to sprinkler requirements stated in City of Santa Ana Municipal code section 14-30 subsection 508.3 or the California Fire Code; whichever is more restrictive. (d) Subsection 903.3.7 of the California Fire Code is amended as follows: 903.3.7 Fire department connections. All sprinkler systems shall have the Fire Department pumper connection located at the property line, on the address side of the building as close as practical to the public hydrant. SECTION 64: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of Section 14-31 amending California Fire Code section 907 sections 907.2.12 and 907.9.3 is necessary due to the climatic and geographic conditions of high winds and low humidity. This combination of events creates an environment that is conducive to rapidly spreading fire. Control of such fire requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene. Also the City is located in the middle of the seismically active area identified as Seismic Zone 4. The viability of the public water system would be questionable after a large earthquake leaving tall buildings vulnerable to uncontrolled fires and the inability to pump sufficient quantities of water to upper floors. SECTION 65: That section 14-31 is added to Chapter 14 of the Santa Ana Municipal Code to read as follows (new language in bold for tracking purposes): Sec 14-31. High Rise Amendments (Section 907) (a) Subsection 907.2.12 of the California Fire Code is amended as follows: 907.2.12 High-rise buildings. Buildings with a floor used for human occupancy located more than 55 feet above the lowest level of fire department vehicle access shall be provided with an Ordinance No. NS-XXXX 11 B-34 Page 34 of 37 automatic fire alarm system and an emergency voice/alarm communication system in accordance with 907.2.12.2. Exceptions: 1. Airport traffic control towers in accordance with Section 907.2.22 and Section 412 of the California Building Code. 2. Open parking garages in accordance with Section 406.3 of the California Building Code. 3. Buildings with an occupancy in Group A-5 in accordance with 502.1.1 of the California Building Code. 4. Low-hazard special occupancies in accordance with Section 503.1.1 of the California Building Code. 5. Buildings with an occupancy in Group H-1, H-2 or H-3 in accordance with Section 415 of the California Building Code. (b) Subsection 907.9.3 of the California Fire Code is amended as follows: 907.9.3 High-rise buildings. In buildings with a floor used for human occupancy that is located more than 55 feet above the lowest level of fire department vehicle access, a separate zone by floor shall be provided for all of the following types of alarm-initiating devices where provided: 1. Smoke detectors. 2. Sprinkler water-flow devices. 3. Manual fire alarm boxes. 4. Other approved types of automatic fire detection or suppression systems. SECTION 66: That section 14-38 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 14-38. Reserved. SECTION 67: That section 14-40 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 14-40. Reserved. SECTION 68: That section 14-48 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14-48 Fireworks (Section 3309) Subsection 3309.1 of the California Fire Code is added to read as follows: 3309.1 Prohibition. The storage, use and handling of fireworks is prohibited. Ordinance No. NS-XXXX 11 B-35 Page 35 of 37 EXCEPTIONS: 1. Storage and handling of fireworks is allowed as set forth in Title 19 California Code of Regulations Chapter 6 -Fireworks. 2. The use of fireworks for display is allowed as set forth in Title 19 California Code of Regulation Chapter 6 -Fireworks. 3. The use of State Fire Marshal approved Safe and Sane Fireworks is allowed as regulated by Article I I (commencing with Section 14-51) of Chapter 14 of the Santa Ana Municipal Code. SECTION 69: That section 14-49 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14-49. Deletions from the California Fire Code. The following parts of the California Fire Code are hereby deleted: Appendix A -Board of Appeals Appendix B -Fire Flow Requirements for Buildings Appendix C -Fire Hydrant Locations and Distribution Appendix D -Fire Apparatus Access Roads SECTION 70: That section 14-86 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 14-86. Reserved. SECTION 71: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 72: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation or ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations there under appertaining shall continue in full force and effect. Ordinance No. NS-XXXX 11 B-36 Page 36 of 37 ADOPTED this day of December, 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lorena C. Penaloza Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS 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 Ordinance No. NS-XXXX 11 B-37 Page 37 of 37 11 B-38 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEL~ER 3 , 2007 TITLE: APPOINTMENT OF PRIVATE SECTOR ME1~ER5 TO THE SANTA ANA WORKFORCE INVESTMENT BOARD ..c ~,._------- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Appoint Ms. Teresa Saldivar, Owner, Teresa's Jeweler, and Mr. Octavio Pina, President, Casapueblo Realty, as private sector members on the Santa Ana Workforce Investment Board. WORKFORCE INVESMENT BOARD RECOL~Il~~NDATION At its Regular Meeting of November 9, 2007, by a vote of 18:0 (Blank, Campanelli, Claudio, Figueroa, Korthuis, Lacroix, Martinez, McMurtray, Quarles, Sanchez and Zarate absent), the Workforce Investment Board recommended that the City Council appoint Ms. Teresa Saldivar, Owner, Teresa's Jewelers, and Mr. Octavio Pina, President, Casapueblo Realty, as private sector members on the Santa Ana Workforce Investment Board. DISCUSSION On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana Workforce Investment Board and appointed 35 members. In accordance with the federal legislation, a majority of the Board members and the Board Chair must come from the private sector. The remaining Board members represent education, non-profit organizations, One-Stop mandated partners and local labor organizations. Currently, there are three mandated private sector vacancies on the Board. After an extensive recruitment campaign and interview process, staff is recommending Ms. Teresa Saldivar and Mr. Octavio Pina as private sector members. Ms. Saldivar's and Mr. Pina's resumes and membership profiles are attached (Exhibit 1). Staff will continue to work to fill the remaining vacancies on the Board. 13B-1 Appointment of Private Sector Members to the Santa Ana WIB December 3, 2007 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ~~ Step en G. H rding Deputy City anager for Development Services Community Development Agency SGH/FJ/mlr H:\ACTION ITEMS\COUNCIL\2007 CC\ApptMembers - Saldivar&Pina 12-3-07.doc 13B-2 ~~~;~~~~~~~ ~ ~s::. _ _. _, .. w ~ ~..:.. ... ~ _ ., ~. , - .~.. ,. ~z _, . -_. f~,,. it~~wr~.~~: ~U.1 .. ~r '~~~ tJ~~'~ ~« N w ~~ ~\+..~^Z~ ~ x, a .~.CJ .. f ~ ~ F ~~ .w«y v v yt ~~ ~ v - ~ ,+ _ ~ ~r ., .~',~ 5...,,.~ ..~ :. G' ..:. ~ _..__. _.. EXHIBIT 1 13B-3 ..<"l,.o~.. ~ . .+?>?;'.. ,°'9~`?;. 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Pina Resume EDUCATION 1995 Master of Business Administration, University of California Irvine, Irvine,CA 1992 Certificate of International Marketing, Orange Coast College, Costa Mesa,CA 1992 Certificate of Marketing, Orange Coast College, Costa Mesa, CA 1987 JD, University of Buenos Aires PROFESSIONAL LICENSES 2007 Broker Licensed by the California department of Insurance 1999 Broker Licensed by the California Department of Real Estate MERMBERSHIPS AND ELECTIVE POSITIONS HELD 2007- President Elect South Santa Ana Merchants Association 2006-2007 Vice President Elect South Santa Ana Merchants Association WORK EXPERIENCE 1998-Present President, O.R.E.P. Inc, dba Casapueblo Realty-Santa Ana Mortgage, Santa Ana, CA 2004-Present President, AmeriBanc Investments Group Inc., Santa Ana, CA 1994 to 1998 Gral. Partner, American Legal Center, Santa Ana, CA 1988 to 1994 Vice President Automax Transportation ,Santa Ana, CA 13B-6 w 0 W w ~ ~ ~" O ~ ~ o ~ ~ U ~ ~ '~ P" ~ ~ W rx ~" W O V ~1 W ~' a~ r~ ~. C7 ~ W O v ~ ~ z " ~ ' ~ a e~ Q., - c n ~ ~ ~=+ 'b z ~ H ~ ~ ~ ~ ~ ,~' ~' ~ ~, W U ° ~~ ~ ~ c~ ~" C/~ ~ ~ ~ ' ~ ~ ~ •~ ~, ~ ~ •~ ~ ~ ~ o ~ on ~ o ~~ ~ ~ o ~ ~ ~ ~ .V -~ ~ ~ •~ ~. o ~ ~ ~ ~ y ~ ~3 _ ~ 3 0 3 ~ o ~ ~ .~ 3 b ~ o a ~ ~ ~ ~ w ~ ~ ~ ~ y.., .-~ ~--~ ~ ~ a d d U w d z ~ .~ 0 N 0 v ~ ~ ~ ~ ~ ~ °' `ti ~ o~ R 0' U R ~ ~ U c~ ~ .> o ~ ~ .R ~ ~ ~ W ~ 'o ~ ~ ~ ~ Q U ~ .~ O U ~ ^° U U ~ ~ ° 3 ~ ~ 3 ~ ~ ~ ~ ~ ~ ~ ~ ~' ~ ~ ~ ~ o '~ '~ ~ 0 z ~ ~ ~ ~ ~ ~ U ~ ~ U .~ •~ c, ~ ' ~ ~ ~ ~ ~' ~ ~i • O ~ U ~ V rY ~ u u ~ w ~ C~ 1 -I ~ W ~ U ti 0 0 rn 0 m .~ m 13B-7 13B-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: APPOINTMENT OF LABOR REPRESENTATIVE TO THE SANTA ANA WORKFORCE INVESTMENT BOARD i' ~/~i ~J`" ~ ma`r'----_ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Appoint Mr. Tefere Gebre, Political Director, Orange County Central Labor Council, as a labor representative member on the Santa Ana Workforce Investment Board. WORKFORCE INVESMENT BOARD RECOMMENDATION At its Regular Meeting of November 9, 2007, by a vote of 18:0 (Blank, Campanelli, Claudio, Figueroa, Korthuis, Lacroix, Martinez, McMurtray, Quarles, Sanchez and Zarate absent), the Workforce Investment Board recommended that the City Council appoint Mr. Tefere Gebre, Political Director, Orange County Central Labor Council, as a labor representative member on the Santa Ana Workforce Investment Board. DISCUSSION On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana Workforce Investment Board and appointed 35 members. In accordance with the federal legislation, a majority of the Board members and the Board Chair must come from the private sector. The remaining Board members represent education, non-profit organizations, one-stop mandated partners and local labor organizations. Currently, there is one mandated labor representative seat vacant on the Board. However, SB 293 enacted in January 2007, requires local boards to have ten to fifteen percent of their membership represent labor and these labor representatives must be nominated first by a local labor federation. The Orange Council Central Labor Council is the only labor organization qualified to nominate labor representatives locally and they have submitted a nomination letter for Mr. Gebre. The nomination letter, resume and a membership profile are attached (Exhibit 1). Staff will 13C-1 Appointment of Labor Representative to the Santa Ana WIB December 3, 2007 Page 2 continue to work with the O.C. Central Labor Council to add additional labor representatives to the board. FISCAL IMPACT There is no fiscal impact associated with this action. ~. Step en G. Ha ding Deputy City Manager for Development Services Community Development Agency SGH/FJ/mlr H:\ACTION ITEMS\COUNCIL\2007 CC\ApptMember - Gebre 12-3-07.doc 13C-2 C qr~. ii ~ ~[b 1,:07 7 1 ~~~~,F ('p,~nf -~ ~~ ~~ ~~ ~ ~ ~ 13 ~1>_<~. 1 .`~ ~J CJ ~ i~ ..._. ~e t,, n or ;~,/ Senteml):r 2b. 204; 'viayar t4iguci Pulido t:it~ ,)z Santa r;ra ~G Civic {'enter Piarit Sa rta <Lia, l.A X12 i t' I ~.~`tli;~.y' ~~l_~~v~~.~ i I.a~.~or ~'`~~.~t~~.'tl ~).:: tianta Ana th"i}3 Nomination for "x ezeri G(:i)re, La+cr It.epresentative ~)e8r ~'i rr V(?r P;rldo: "Che C}range C;o:Lnty Central Labor Cowieii, AFi.-C;IO uoul.ti like to nomira?.k; ti ecri C;rbrc t'or a,a{'.oinzn,cnt to the Ssnta Ana ~4 orktt)rce Imrstment Iloard. Tvir. Ciebre scr:'°z: as 'olitical r)irector fer the Orange C:~c;uratr Central labor Counci{, Ai~,-C1O. .4r. {iebre hLS i)t:c:n irvo'tvcd with the i:,abor Movement in C?range C'otinzy ti)r over i }'ears. i-!e'a been irtv'alved with every k.v;i of{)rganizecl L,abL~r rarrgin~; fury; the ~7stiana) i~hl,-C:1C7 to L,aborcrs I,oca.! 2?t1. i~te t)rctngr. County Cntrtl i.abor t. c)unci.l, r~Fi,-CIO represent, over 8(I [.Deal t_;nion:s, witha,ncmberhip,~fctver !d(1,Qt10,nentbers. til'ii7UiCl Vi)tl Iliive YtlrtilN.r (;lleJilOnti Or ;;Or'C~rnS, !Ci'.t Ir.%e tC C%nlA::z US Fit i~ l.4) ~~'~-~! jjry ~InCCL"~'lc', l /~I Sti;i;ret:try- t rl iL$tlt(:? Oran; c County {;crurai t,al>or Council, AFL:-C'sC) C'c: 'Tefrri Ci<.brc, Political Director, OC' Ci.,C i~ran Jutri, S~.nta Ana `J.'lt3 '<G'?(} ~V. C~trapman Ave., thange, {_:A 92ifirt • Phanc; t•?a i~S-1S ^.4 • r-.::x: ; ~i4} s<?:~-'S=t + EXHIBIT 1 13C-3 Tefere Gebre 619.274.1096 6366 Sullivan Avenue, San Diego CA 92114 teferegebre@yahoo. com Professional Profile Relevant skills • Internal and external organizing skills • Coalition building experience • Knowledge of the labor movement and campaign finance laws • Plan and run political campaigns • Media and message development experience • Experience in analyzing and writing policies, ordinances and legislation • Comfortable working with elected, community, and labor leaders Recent Professional Experience Orange County Federation of Labor, AFL-CIO September 2006- Present Political Director Achievements: • Planed, Developed and executed Labor 2006 • Achieved most of the strategic planning goals • Increased member contact by 78% from the past Election (CLF Poll) • Work with diverse group of labor leaders to create and achieve common goals • Double digit gain in vote among members receiving volunteer phone calls, union mailers at home and meeting with staff at the workplace • Created the Councils first Website • Created the Councils first Get-Active • Formed community alliances with over 25 community groups • Formed a 501(c4) issue based voter registration program with seed funding of over $250,000 • Raised over $400,000 for political programs • Help local unions in strategic planning • Making the Labor Council a home for OC progressive California Labor Federation, AFL-CIO July 1998- September 2006 Southern California Political Director Achievements: • Work with Central Labor Councils, State Councils and Local Unions to plan, develop and execute affective member mobilization programs • Developed local union specific voter registration and worksite structures • Work with diverse group of labor leaders to create and achieve common goals Responsibilities: • Coordinate the statewide objectives of the labor federation within Southern California 13C-4 Tefere Gebre- 6366 Sullivan Ave., San Diego, CA 92114 619-274-1096 Page 2 of 2 Laborers' International Union of North America- Local 270, San Jose, CA 1997- 1998 Political Director Achievements: • Increased voter registration and member involvement in political process • Implemented successful workplace education program Responsibilities: • Developed and implement issue-based educational campaigns for members • Conducted research, draft policy, and monitor legislation related to workplace rights • Coordinated local union efforts to influence construction and development in Santa Clara and Santa Cruz Counties • Facilitated local union involvement in community planning and outreach efforts Frontlash INC, AFC-CIO Executive Director Achievements: • Started over fifty Frontlash chapters in colleges • Managed successful corporate campaigns. (Nike, Gap, and others) • Registered over 50,000 young people to vote in targeted congressional districts Responsibilities: • Managed and supervised 25 national and field staff • Coordinated with national unions and central labor councils • Recruited and hired headquarters and field staff • Raised project-based funds • Prepared and submitted annual budget to the AFL-CIO and Frontlash Board of Directors • Created materials to notify workers and contractors of their rights and responsibilities California State Assembly Speakers Office of Majority Services Legislative Aid Responsibilities: • Write bill analyses • Represent Assembly Speaker Willie Brown as assigned • Research bill ideas for Democratic Members of the Assembly • Coordinate and direct voter registration drives in swing districts in Southern California 13C-5 Tefere Gebre- 6366 Sullivan Ave., San Diego, CA 92114 619-274-1096 Page 2 of 2 Education University of Southern California, Los Angeles, CA- 1995 MBA, International Marketing California State Polytechnic University, Pomona, CA- 1992 BS-Internal Marketing Honors/Achievements Board Member- Orange County Communities Organized for Responsible Development Raising Star Award- California Young Democrats- 2006 President- California Young Democrats- 1994-1996 Founding Member- 2030 Center NCAA All American- Cross Country- 1988-1990 NCAA All American- Track and Field- 1988,89,90 References References are available upon request 13C-6 FBI O a W ~4 w ~ : ~ N ~, ~ ~ U ~". ~ O ~ ~ a ~ ~ a~ U U O O r-+ U ~'" Q ~ ... Q, ., O ~ a ~ r ~, =, W. ;~ 0 W ti W ~` ~ eC a~ U N ~ ~i L1, W O U . ~ ~ z ~ 3 O ~' ~ ~ ~ a~ ~ 'Cj z ~ z ~ ~ ~ ~ ~ ~ .~ O ~ Q o a ti ' ~ , ~ W ~ ~ ~ • y ~ ~ ~ d ~ c C/~ ~ ~ ~ U ~ ~ ~ ~ ~" ~ ~, ~ ~ ~ , • o ~, ~, ~ a. o S' ~ .'. , ~ O ''"'~ ~" ~ 3 ~ o ~ o 3 ~ ., a U ' r Q ~ y oA " ~ 3 .~ ~ ' o 3 ~ ~ o ~ ~ ~ o ' o ~ ~ ~ ~ ~ x w d ~ U a; Q ~ z ~ .~ O ~ N 0 V N ~ ~ ? ~ ~ ~ ~ ~, o ~ a ~ ~ U ~ ~~ ~~ ~ v ~ .~ ~ ~ ~o ~ . ~.' ~ ~ ~ d V w .~ O U ~ ~ ~, '~° U U ~ ~, ~ ° ~ 3 `~ ~ ~~ ~ O ~ ~ ' ~ ~ `'~ ~ ~ ~ _ ~ .~ y z .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U ~ ~ U ~ r" U ~ ~ ~ a~ ~ ~ U ~ V u u ~ w ~ C C) i~ -I _ rr /-~ W j r7 0 0 rn 0 a~ .~ N C 0 U a~ N E a~ X .` i~ E 13C-7 13C-8 ~~ MEMORANDUM - ~dUCation lst City Council Meeting Date: December 3, ?007 Cathy Standiford To: Assistant City'Manager ~ Date: November 15, 2007 James ,Executive Director From: lic Works A enc Subject: j Notifcation that City Engineer is Reviewing Final Tract Map No. 16626 for Approval Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Tract Map No. 16626 (City Tract Map No. 2005-04), for 101 E. Sandpointe Avenue (Exhibit I), from the owner, Integral Communities I, Inc., and is in the process of reviewing the map for final approval. The Vesting Tentative Tract Map No. 2005-04 was approved by the City Council on June 20, 2005. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of December 3, 2007. cc: Mayor and City Council City Manager Deputy City Manager for Development Services Clerk of the Council T:\Development Services\Subdivision\Memos\FinalTractMap16626Review Noticel2_03_07 _ IL.doc 17A-1 MACARTHUR BOULEVARD w w (/~ _Z Q SANTA ANA City Council P W A Agenda Date: u December 3, 2007 N&K ~OPoCi ~GExCr w U Q J 2 Q U Q SANDPOINTE AVENUE TITLE: TRACT NO. 16626 101 E Sandpointe Ave. Gp'tION A ~QJ '~5~. 1 I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEN~ER 3, 2007 TITLE: CONIlK[JNITY REDEVELOPMENT AGENCY ANNUAL REPORT FOR FY 2006-2007 ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the Community Redevelopment Agency Annual Report for FY 2006-2007 consisting of: 1. The Annual Audit Report as prepared by Moreland & Associates Inc. 2. The Annual Report of Financial Transactions. 3. Housing and Community Development Report of Housing Activity of Community Redevelopment Agencies. 4. Annual Statement of Indebtedness. DISCUSSION The California Health and Safety Code, which defines the powers and duties of redevelopment agencies, requires the submittal of an annual report to the legislative body within six months of the end of the fiscal year. The 2006-2007 Annual Report must contain three major components: an independent audit report, a fiscal statement for the year, and a description of the Agency's activities affecting housing and displacement. The reports are available in the Clerk of the Council's office for review (Exhibit 1). Following receipt of these documents by the City Council, the report will be submitted to the State Controller's office pursuant to California Redevelopment Law. 1. Audit Report The firm of Moreland & Associates Inc. has completed the Audit Report, with a separate opinion on compliance. The Executive Director of Finance and Management Services has reviewed the audit and separate opinion and has determined that financial accounting and State Controller's guidelines have been met. 19C-1 Community Redevelopment Agency Annual Report for FY 2006-2007 December 3, 2007 2. Annual Report of Financial Transactions of Community Redevelopment Agencies The Annual Financial Report delineates the financial activities for all funds within the redevelopment fund. Additionally, the report documents the achievements completed during the fiscal year as a direct result of the activities of the Community Redevelopment Agency. 3. Housing and Community Development Report of Housing Activity of Community Redevelopment Agencies In addition to general Agency financial transactions, the Annual Report contains information regarding the low and moderate-income housing fund and a description of the effect of redevelopment activities on housing in general. 4. Annual Statement of Indebtedness The Annual Statement of Indebtedness is the annual report filed with the County Auditor describing Agency indebtedness and a reconciliation statement. The Health and Safety Code mandates that the Annual Report be received by the City Council and filed with the State Controller's office prior to December 31, 2007. FISCAL IMPACT There is no fiscal impact associated with this action. ~. ~ J~~~~ Stepp G. Har ng Deputy City M ager for Development Services Community Development Agency SGH/NTE/mlr H:\ACTION ITEMS\COUNCIL\2007 CC\CRA Annual Report 06-07 12-3-07.doc 19C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: WORKFORCE INVESTMENT ACT MODIFICATION FOR FISCAL 2007-08 CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended PLAN ^ As Amended YEAR ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ C,~ "'` . ~ ` (, CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Approve the Santa Ana Workforce Investment Board's revised Plan Modification for Fiscal Year 2007-08 and authorize its submittal to the State of California Workforce Investment Board. WORKFORCE INVESMENT BOARD ACTION At its Regular Meeting of November 9, 2007, by a vote of 18:0 (Blank, Campanella, Claudio, Figueroa, Korthuis, Lacroix, Martinez, McMurtray, Quarles, Sanchez and Zarate absent), the Workforce Investment Board recommended that the City Council approve the Santa Ana Workforce Investment Board's revised Plan Modification for Fiscal Year 2007-08 and authorize its submittal to the State of California Workforce Investment Board. DISCUSSION The Workforce Investment Act (WIA) of 1998 provides funds to Local Workforce Investment Areas (LWIA) to operate job-training programs allowable under the Act for adults, dislocated workers, and youth meeting specific criteria as outlined in the Act. The City of Santa Ana was designated as a LWIA and administrative entity, on January 28, 2000, by the State Workforce Investment Board (WIB). Santa Ana has received WIA funds to operate job-training programs yearly since July 1, 2000. The State Workforce Investment Board requires each Local Workforce Investment Area to submit a modification of its local plan (Exhibit 1) for their review and approval in order to receive funding for that fiscal year. This modification process is used to ensure plans meet any new State Board requirements, to document any substantial changes in the LWIA and to submit fund utilization and participant services plans for the new 19D-1 WIA Plan Modification for FY 2007-08 December 3, 2007 Page 2 fiscal year. WIA regulations require a thirty-day public comment period for all plan modifications to allow for input on the expected usage of these federal funds and prior to the plan modification being approved. The proposed plan modification document was mailed to all WIB members and other interested parties on October 15, 2007, and a notice was published in the O.C. Register announcing its availability to the public for a thirty day comment period. The Public Hearing was held on November 9, 2007. All comments received were included in the final document. The primary purpose of the proposed modification is to incorporate new funds for the fiscal year and to submit new participant service plans. With the exception of incorporating new funds, only minor changes were incorporated into the plan regarding local employment statistics and efforts towards implementation of SB293, which requires an increase of labor representation on the Workforce Investment Board. Additionally, the State required each LWIA to submit an Addendum to the plan for the purpose of assuring consistency with the State Plan, gathering other information required by the Governor and collecting additional required elements. The completed addendum was reviewed by the State Program Manager assigned to Santa Ana to ensure it met all of the requirements. This plan modification is the second step required for the city to be eligible to receive WIA funds for fiscal year 2007-08. The first step was the approval of the WIA Title I sub-grant for PY 2007-08 by City Council on July 2, 2007. Once the plan modification is submitted by Santa Ana and approved by the State Board and the Governor, Santa Ana will be eligible to receive $1,184,766 in adult funds, $549,023 in dislocated worker funds, $1,184,766 in Youth funds and $204,066 in Rapid Response funds. FISCAL IMPACT There is no fiscal impact associated with this action. ~~~ Ste hen G. Harding Deputy City Manager for Development Services Community Development Agency SGH/LS/FJ/mlr H:\ACTION ITEMS\COUNCIL\2007 CC\WIAP1anModFY 07-08 12-3-07.doc 19D-2 EXHIBIT 1 mmm. :..__. 19D-5 _ _._~ _ .. ~.. s ~~~ ~~ _..~ __ ,.. . - _ _ ~, .-, ~~ ~e`~, r ~ : ....~ ~... __......~.~..~ -~ _ .,.~..~, _ ~.._~.._ ~.. ~~.~.~ ... ~ : _ ~ _ _ ~_~. ~_a~~~~.d . r_ w- ____ ~.~.~.....~.w,. ._________ _., _.~,~-_ .~w~ Y~ ~_~_-~~ d.~_ ~. ~ _. _o .. _._ .-~ _~__ .. _ a ., ~, r ~ K. v ... _t -, r,' ~_ _. ,< r ~ . „ -t... _.,,. ._ - #r b. _., ~. a '~ ~ r.; f h~- . ._ _ u _.. ~ t u ti ~ ~ , .. ~ ~ ., e ~ ~r ,fir 1 < ... .~ . ~....., .......~ ._ . , ~ ~ . . r ~ ~ ~ ,, :-y ~-~ - c 3 >P n. ,.! .. r~ c.. ~ ,~~ t .. . ?' L z c.,,~ ..k a., t w.. A.. ~. `ba ~~ .'~ . ~,.f u , a , ': ^ €~, ..... 19D-9 19D-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: CALIFORNIA'S EDGE CAMPAIGN v ~~~ _ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUME3ER Approve that the Santa Ana Workforce Investment Board join the list of endorsers for the California's EDGE Campaign. WORKFORCE INVESMENT BOARD ACTION At its Regular Meeting of November 9, 2007, by a vote of 18:0 (Blank, Campanella, Claudio, Figueroa, Korthuis, Lacroix, Martinez, McMurtray, Quarles, Sanchez and Zarate absent), the Workforce Investment Board recommended that the City Council approve that the Santa Ana Workforce Investment Board join the list of endorsers for the California's EDGE Campaign. DISCUSSION At its regular meeting on October 26, 2007, the Executive Committee instructed staff to add an item to the November 9, 2007, Workforce Investment Board (WIB) meeting agenda asking the WIB to endorse California's EDGE Campaign. The WIB Chair reviewed the document titled ~~CALIFORNIA EDGE: Keeping California Competitive, Creating Opportunity" (Exhibit 1) . California's EDGE Campaign was created to address the worker skill shortage, resulting from the pending retirement of the baby boomer generation. The campaign focuses on five key areas necessary for California to build a broad talent base. The areas are: 1. Invest in regional workforce and economic development strategies to build prosperous communities and competitive industries. 19E-1 California's Edge Campaign December 3, 2007 Page 2 2. Provide all Californians access to high quality post-secondary education and skills training. 3. Provide working adults with opportunities to move up the skill ladder. 4. Link workforce programs and institutions to create pathways to high wage jobs. 5. Align program goals and measures to achieve a shared vision of California's future and to ensure accountability. California's EDGE Campaign is a non-partisan coalition of groups with diverse outlooks, but united in the belief that California's future economic growth rests in large measure on the skill base of its workers. The State and its industrial leadership are now at serious risk of losing the competitive advantage of a highly trained workforce and lag other states in responding to this challenge. FISCAL IMPACT There is no fiscal impact associated with this action. ., Stepp n G. Har ing Deputy City Manager for Development Services Community Development Agency SGH/LS/FJ/mlr H:\ACTION ITEMS\COUNCIL\2007 CC\CA Edge Campaign 12-3-07.doc 19E-2 KEEPING CALIFORNIA COMPETITIVE, CREATING OPPORTUNITY 19E-4 CALIFORNIA'S EDGE California's EDGE: Keeping California Competitive, Creating Opportunity Executive Summary Today California stands at a historic crossroads. Over the next two decades, the highly skilled baby boom generation will be retiring, and many projections indicate that California's replacement workers will have lower levels of educational attainment if current trends persist. Already many California industries face critical skills shortages and some recent studies warn that soon more of the state's employers maybe unable to find workers with the skills they need to remain competitive. 2. Provide all Californians access to high quality post- secondary education and skills training. Increase the share of students who successfully complete a certifi- cate or degree; create multiple avenues of opportunity (four-year degree programs, two-year academic and vocational degree programs, industry-provided train- ing, union and other apprenticeships). Keep fees affordable and maintain a strong, needs-based financial aid system. Ensure that all Californians understand the opportunities available to them. At the same time, there is mounting evidence that California's workforce is unprepared for the jobs of the future: many young people are not graduating from high school; too few high school graduates are going on to college; and working adults have limited oppor- tunities for lifelong education and career advancement California cannot effectively address its workforce chal- lenges in a piecemeal fashion. The governor and legis- lature must implement a broad, coherent, and well- integrated workforce investment strategy that addresses the skill needs of employers and provides opportunities for all California residents. Other states are leading the way. To build a broadly shared, talent-based prosperity, California must: 1. Invest in regional workforce and economic devel- opment strategies to build prosperous communities and competitive industries. Expand funding and incentives for regional workforce planning and indus- try-based partnerships; link workforce and economic development initiatives; leverage private and public resources. 3. Provide working adults with opportunities to move up the skill ladder. Support educational institutions to design courses and services that accommodate the needs of working adults and those supporting families. Create a system that allows workers to build skills over time, by accessing a variety of institutions and pro- grams. Ensure that the system provides opportunities for Californians at many levels of skill and experience. Extend financial aid to working and returning stu- dents. Expand training opportunities for employed workers. 4. Link workforce programs and institutions to create pathways to high wage jobs. Forge disjointed educa- tion and job training programs into a coherent system of skill development that is responsive to the long-term needs of the California economy. S. Align program goals and measures to achieve a shared vision of California's future and to ensure accountability. Set overarching goals and measure progress toward achieving them. 19E-5 KEEPING CALIFORNIA COMPETITIVE, CREATING OPPORTUNITY 3 The Challenge Facing California California can only compete successfully in an increasingly global economy based on the strength of its people. California's competitive advantages are and must continue to be a skilled workforce, modern infrastructure, high quality public services, a dynamic mix of peoples and cultures, and effective collaboration among labor, business, government, and the communi- ty. California's leadership in each of these areas has been the foundation of our economic success and a broadly shared prosperity. Many of the nation's fastest growing and most prof- itable companies call California home. Our state's industrial innovation and productivity has consistently delivered per capita family incomes above that of the nation as a whole. A highly trained and productive workforce has been the primary competitive advantage for many California companies. The state now stands at a historic crossroads. Over the next two decades, demographic shifts already underway will change California's population, particularly that of its prime working-age population. The highly skilled baby boom generation will be retiring, and many projections indicate that California's replacement workforce will have lower levels of educa- tional attainment if current trends continue. While the world has changed, our institutions have lagged behind. Increasingly global markets and international competition, rapid technological advancement, and an aging workforce confront this state with a critical challenge. If we do not meet it, California may lose its competitive edge and the consequences will be borne by all the state's residents, in the form of fewer jobs, lower wages, and declining state revenues. California cannot build a prosperous future on the basis of a low-wage, low-cost workforce. Already, income disparities are growing; too many of California's residents are living in poverty; and even more work for wages too low to provide a quality stan- dard of living.' To support state-of-the-art industry, continued innovation, and aworld-class standard of living for all its residents, California must make invest- ment in its people the centerpiece of its economic development strategy for the 21st century. The Challenge to California's Businesses Already many California industries face critical skills shortages, including: ^ Construction Construction employers were responsible for 27 percent of all new jobs in California the two years between 2003 and 2005=, and the Association of General Contractors reports that the state needs 250,000 new construction craft workers to keep pace with steady demand and an aging workforce.' With far more skilled workers retiring than being trained, the lack of skilled crafts workers means jobs are going unfilled and projects are delayed, with opportunities lost for high wage employment and industry growth.° -l' Employers and civic leaders are excited over the prospect of much needed new infrastruc- ture investment in California, but are gravely concerned there is not a skilled workforce available to meet demand. In response to the current shortage of skilled construction workers, employers are "in-sourcing" skilled workers from other states and "outsourcing" assembly projects to Mexico. California Budget Project, Working Hard, Falling Short; Investing in California's Working Families (January 2005). Also, according to the California Budget Project (CBP),"The gap between the state's highest- and lowest-wage earners has widened and is substantially wider than that for the nation as a whole:' (California Budget Project, A Growing Divide: The State of Working California: September 2005). Finally, the CBP reports, "One out of every ten California workers earned within a dollar of the state's minimum wage in 2004:' (California Budget Project, California's Minimum Wage: March 2006). California Employment Development Department, A Labor Day Briefing for California (September 2005), down loaded from http://www.calmis.ca.gov/SpecialReports/Labor-Day-Briefing-2005. pdf Association of General Contractors of California, downloaded from http:/Jwww.agc-ca.org/publicationsJcareers.html. Association of General Contractors of California, downloaded from http://www.agc-ca.org/publications/careers.html. 19E-6 4 CALIFORNIA'S EDGE ^ Health Care The California Employment Development Department has forecast that the state will need 109,600 more Registered Nurses by 2010.' -~ A report by the California Board of Registered Nursing suggests that California graduates nearly 6,000 nursing students every year but is losing almost that same number to retirements." ..... -_ T e earth care industry faces "'~'<i"~ shortages in a wide range of occupations beyond nursing, including laboratory technicians and respiratory and physical therapists.' ^ Advanced Manufacturing Ina 2006 survey of members of the California Manufacturing and Technology Association, respondents reported that the single most important business challenge they were facing in California was "sustaining and/or acquiring a skilled workforce," more so than workers' compen- sation costs, energy costs, or taxes." ^ Professional and Management Services As reported by the California Regional Economies Project, California's current economic strength is concentrated in the Professional and Management Services sector, which is projected for growth, but these jobs require increasingly higher levels of skills, which are not being met by labor supply.'° Recent studies warn that once the baby boom genera- tion retires, more o f the state's employ- ers may be unable to find workers with the skills they Creed to remain competitive." In addition, California's numerous tech- nology clusters, strong venture-capital foundation, and higher education institutions provide the state with an edge in emerging markets, such as bio-, nano-, information, and renewable energy technologies. However, each of these new industries will require workers with new skills. Finally, agriculture is one of California's largest industries, yet despite its impor- tance to the rural economy and to the state economy as a whole, there has been little investment in developing the sector's agingworkforce, which is characterized by low levels of basic education and high levels of poverty." I_ The California Regional Economies Project reports that "a major workforce challenge for the manufac- turing value chain is how to retrain current production workers for other opportunities .. . serving customers in more specialized and increasingly direct ways:'y 5 California Hospital Association, California Hospitals Challenge Nurses Union to Begin Addressing Niersing Shortage (January 18, 2005), downloaded from http://www.calhealth.org/public/press/article/124/media°/o20statement4'o2011405.pdf. 6 California Hospital Association, California Hospitals Challenge Nurses Union to Begin Addressing Nursing Shortage (January 18, 2005), downloaded from http://www.calhealth.org/public/press/article!124/media%20statement%2011405.pdf 7 The Press Enterprise, Too Few Answer Hire Calling (April 22, 2006), downloaded from http://www.pe.com/localnewslinland/storieslPE_News_Local_B_hosptechs22.22cd2461.html 8 California Workforce Investment Board, downloaded from http:/lwww.calwia.org/doc_fileslCMTA%20Survey%20Report%20JEB.pdf 9 Collaborative Economics, Manufacturing in Transformatiorc Economic Change and Employment Opportunities in the Design, Production, and Logistics Value Chain (California Regional Economies Project: September 2004), downloaded from http://www.labor.ca.gov/panel/espcrepcrmit.pdf. 10 Center for the Continuing Study of the California Economy, Conditions of Competitiveness of California's Economy (California Regional Economies Project: 2004), downloaded from http://www.labor.ca.gov/panellespcrepmonocond.pdf. I 1 California Workforce Investment Board and U.S. Department of Labor, Region 6, Farmworker Forums: EveryUody Needs a Choice (May 2003). 19E-7 KEEPING CALIFORNIA COMPETITIVE, CREATING OPPORTUNITY The Challenge Posed by Major Demographic Shifts The major demographic shifts occurring in the next two decades also pose critical workforce challenges: ^ A recently issued CSU-Sacramento report= informs us that: California will need to replace 1.4 million workers with higher education who will be retiring or otherwise leaving their occupations. The need to replace these workers is almost equal to the need created by the growth of expanding industries. California employers will require greater levels of education and skill. While currently 26 percent of jobs require an Associate degree, Bachelor's degree or higher, an estimated 34 percent of employment growth through 2022 will have such a requirement. ^ The Campaign for College Opportunity estimates that approximately 1.8 million students will be turned away from California's public colleges and universities between 2004 and 2013 due to lack of space." The Challenge Facing California's Workers ^ An unacceptable number of young people are not graduating from high school. In 2000, only 70 of every 100 ninth graders graduated within four years, and 29 percent of Californians age 18 to 241acked a high school diploma.'° ^ Too few high school graduates are going on to college. California lags the nation in the share of high school graduates who go immediately to college and, of those who do enter college, the share who remain in college after one year.'' ^ High school graduates often also lack the math, science, and English proficiency to enter vocational training for high paying jobs in sectors such as advanced manufacturing, biotechnology, building trades, environmental services, and health sciences. .. ..................................... "The solution is not to compete by driving down the cast o f labor, but rather by increasing public and private sector rnvestment in people and productivity, skills and innovation." ....................................... ^ Today, many of those in the emerging workforce come from communities with relatively low levels of academic attainment. By 2020, approximately half of California's prime age workforce will be Latino and black.'° Despite high school reform attempts, California is not making sufficient progress in closing the opportunity gap in these communities. The urgent lesson from these examples is that our workforce system and business leadership must recom- mit to maintaining California's competitive edge. The path to success is not to compete by driving down the cost of labor, but rather by increasing public and private sector investment in people and productivity, skills and innovation. Unfortunately, there is mounting evidence that California's workforce is unprepared for the jobs of the future: ^ Californians already in the workforce must continu- ally upgrade their skills for the sake of job retention and career advancement, yet too few have access to lifelong education and incumbent worker training programs. 12 Dr. Robert Fountain, Marcia Cosgrove, and Petra Abraham Iaptalo, Keeping California's Edge: The Growing Demand for Highly Educated Workers (College of Continuing Education, Sacramento State University, Sacramento Applied Research Center: April 26, 2006). 13 See http://www.collegecampaign.org. 14 California Budget Project, Working Hard, Falling Short: Investing in California's Working Families (January 2005), p. 21. 15 California Budget Project, Working Hard, Falling Short: Investing irr California's Working Farrtilies (January 2005), p. 21. 16 California Budget Project, Working Hnrd, Falling Short: Investing in California's Working Families (January 2005), p. 20. 19E-8 G CALIFORNIA'S EDGE California's 2 I st Century EDGE There is some reason for optimism that California is well positioned to meet these challenges. California has pioneering technologies, an enviable education and training infrastructure, and major academic research centers. Unlike some competitor states and nations, California has attracted a young and diverse workforce. But as observed by the California Economic Strategies Panel, "California lacks an economic and workforce investment strategy that focuses on regional strengths and opportunities, and connects state and local efforts for maximum impact:'" "Cali Tornio must California must develop that strategy and commit to a high commit to a skill, high wage, "high road" econ- high skill, °my.'" This means greater math and science literacy; education high wage, and training leading to jobs that `hi h rood' pay self-sufficiency wages and g offer career advancement; and economy." incentives and rewards for indus- ...................................... tries that combine investments in worker training with world-class innovation. Closing the gap between the supply and demand for skilled workers will not address all of California's labor market challenges. Far too man y jobs will pay too little to support a family,'° and the s tate will need other kinds of economic and social policies to ensure "Call fornla lacks that our prosperity is shared equitably an eCOnom1C among all those who create it. But with- and work force out a highly skilled investment strategy workforce, California stands no chance of that focuses on maintaining its competitive edge. regional strengths and opportunities The decisions made by , the Governor and and connects state Legislature in the next few years will largely and local e f forts determine whether the for maximum state remains an eco- nomic powerhouse. A » Impact. prosperous California will be a highly skilled California. 17 Center for the Continuing Study of the California Economy, Conditions of Competitiveness of California's Economy (California Regional Economies Project: 2004), downloaded from http://www.labocca.gov/paneUespcrepmonocond.pdf. 18 A "high road" economy is one that competes on the basis of productivity and quality, rather than cost. 19 More than one-third of the jobs California added between 2003 and 2005 were in low-paying industries. California Budget Project, California's Job Growth 11~as Strong, but Wage Gains Were 6Ueak Between 2003 and 2005 (Policy Points: June 2006). 19E-9 KEEPING CALIFORNIA COMPETITIVE, CREATING OPPORTUNITY 7 California's EDGE: A Policy Agenda California cannot effectively address its workforce challenges in a piecemeal fashion. The Governor and Legislature must implement a broad, coherent, and well-integrated workforce investment strategy that addresses the skill needs of employers and provides opportunities for all California residents. Other states are leading the way. Some far-sighted states have made real strides toward the creation of such an integrated system. To compete in the global economy and build a broadly shared prosperity, California must: I. Invest in Regional Workforce and Economic Development Strategies to Build Prosperous Communities and Competitive Industries Problem: California is not one economy but a set of economic regions. The economic assets and liabilities, and therefore the economic and workforce development needs, of these communities vary widely across the state. Nationally, there is growing recognition of the importance of aligning economic and workforce development strategies and resources with the needs of regional economies. California has taken limited but important steps in this direction. Many of California's Workforce Investment Boards and community colleges have developed programs around the needs of key industry sectors and have begun building durable public-private partnerships. Unions, employer associations, community-based organizations, and others have also launched innova- tive workforce programs based on an understanding of the competitive challenges facing their regions and localities. To support this work, California has made some investments at the state level. Now California needs to build on these efforts and bring them to scale, as some other states are doing. Solution: Strengthen California's regional economies by committing to an agenda of regional growth and development based on public-private partnerships and workforce talent. Invest in the capacity of organizations to do regional and local planning and collaboration. Leverage both public and private funding. Policy Recommendations: 1. Expand funding and incentives for regional workforce planning and regional industry-based partnerships. 2. Invest in the capacity of local/regional institutions (including Workforce Investment Boards, employer organizations, unions, community-based organiza- tions) to connect employers, unions, individuals, and educational institutions. 3. Link workforce and economic development initia- tives. 4. Leverage all available resources, including employer contributions, philanthropic investment, and federal and state discretionary funds. 11. Provide All Californians Access to High Quality Postsecondary Education and Skills Training Problem: Today and in the future, Californians with a high school diploma or less will be less able to enter high wage jobs than in the past; nor can these workers power a globally competitive economy. Yet California has failed to provide all residents access to high quality postsecondary education and skills training. Available programs do not meet the needs of many students- particularly those seeking alternatives to the four-year degree. Young people are often faced with the anach- ronistic "college prep" versus "vocational education" dichotomy. In addition, many Californians are unaware of their options because counseling and career guidance are generally unavailable. Low-income students face financial barriers to access and success. Solution: Provide all Californians access to high quality postsec- ondary education or training; increase the share of students who successfully complete a certificate or degree; create multiple avenues of opportunity: four-year degree 19E-10 S CALIFORNIA'S EDGE programs, two-year academic and vocational degree programs, industry-provided training, union and other apprenticeships, and so on. Ensure that information about educational opportunities is widely disseminat- ed. Keep fees affordable and maintain a strong, needs- based financial aid system. Policy Recommendations: 1. Maintain broad access to two-year and four-year colleges and universities. Implement policies that improve access and success for low-income and underrepresented students, such as needs-based financial aid and supportive services. 2. Recognize the multiple roles community colleges play in workforce education and training, and ensure they have the base funding to play these roles effectively. At the same time, keep community college fees affordable. 3. Invest in career technical education at both high school and postsecondary levels that is responsive to the needs of the California economy and leads to high wage jobs. 4. Expand access to other pathways to high wage jobs, such as union and other apprenticeships. Develop strategies for students who do not pass, or who are in danger of not passing, the high school exit exam, including contextualized and thematic education in small learning communities that prepare youth for both postsecondary education and careers. 6. Ensure that all Californians understand the opportu- nities available to them by increasing the number of career counselors in high schools, adult schools, and colleges, maintaining effective college outreach programs, and supporting career counseling in One Stop Career Centers and community-based organizations. III. Provide Working Adults with Opportunities to Move Up the Skill Ladder Problem: Virtually all Californians will require continued education and skills training to enter or stay in well-paid jobs and to meet the skill needs of the state's employers. In fact, adults are entering college and other education and training institutions in record numbers. Nationally, more than 40 percent of students in colleges and universities are over the age of 25. In addition, companies, unions, and the public sector are increasingly investing in workplace-based education and training programs. Yet California lacks a coherent policy framework to encourage continuing education, and existing programs and policies erect barriers to access and success for working adults. College programs often fail to address the needs of adult learners and financial aid programs include provisions that restrict the access of working and returning students. Programs for dislocated workers and workers with serious barriers to success in the labor market are seriously under-funded; public funding for the training of employed workers is restricted and can be difficult to access. Solution: Provide Californians lifelong access to skills training and educational opportunities. Support educational institu- tions (colleges, adult schools, Regional Occupational Centers and Programs, and others) to design courses and services that accommodate the needs of working adults and those supporting families. Create a system that allows workers to build skills over time, by access- ing avariety of institutions and programs. Ensure that the system provides opportunities for Californians at many levels of skill and experience. Extend financial aid to working and returning students. Expand training opportunities for employed workers. 19E-11 KEEPING CALIFORNIA COMPETITIVE, CREATING OPPORTUNITY Policy Recommendations: Provide support for community colleges and adult schools to develop programming that meets the needs of working adults, including contextual, accelerated, and off-hours programs. 2. Improve access to financial aid for adult students, workers, and those supporting families. 3. Expand support services, such as on-site childcare and quality counseling services that allow individuals to successfully complete certificate and degree programs. 4. Expand training options for working and unem- ployed workers, through One Stop Career Centers, community colleges, adults schools, community- based organizations, apprenticeships, ROCPs, labor-management partnerships, employer- sponsored training programs. 5. Maximize the flexibility in federal programs such as Temporary Assistance for Needy Families and the Workforce Investment Act to encourage education and training. Maximize the flexibility of state fund- ing, such as the Employment Training Panel funds. IV. Link Workforce Programs and Institutions to Create Pathways to High Wage Jobs Problem: For many Californians, there are virtually no visible paths to high wage jobs. California's education and training system does not ensure that individuals can progress efficiently over time from lower to high levels of skill, toward a career with a future. Instead, the state has a welter of programs that are often poorly connected, have conflicting requirements and standards, and may or may not reflect the real needs of the labor market. Students waste time and money, and many become discouraged. English language learners and students who need remediation in math or English are particularly at risk; many never achieve a credential or degree. Solution: Provide all Californians pathways to high wage jobs by forging disjointed education and job training programs into a coherent system of skill development that is responsive to the long-term needs of the California economy. Link related programs within and across institutions so that learning from one is transferable to another, improving students' chances of successfully completing their training and reducing the time it takes to do so. Integrate English language training and other basic skills programs more effectively into the academic and vocational skills training system. Maximize the effectiveness of the workforce develop- ment system as a whole by building on the strengths of each of its key institutions and programs. Policy Recommendations: 1. Provide clear career pathways to and through postsecondary education and training and into the world of work, by offering continuums of courses that provide the skills needed for high wage, high growth careers. 2. Improve the formal connections among programs and courses within postsecondary educational and training institutions, and especially across institutions. 3. Effectively link basic skills programs (including English-as-a-Second-Language) and career preparation programs. 4. Link the adult education system (in adult schools, community colleges, community-based organizations) more effectively to college degree and credential programs. 5. Better align career technical education at the high school and postsecondary levels, based on standards such as those developed by the Career Technical Education Curriculum Framework.=" 20 See http://wwwsonoma.edu/cihs/ctel 9 19E-12 lO CALIFORNIA'S EDGE V. Align Program Goals and Measures to Achieve a Shared Vision of California's Future and to Ensure Accountability Problem: California needs to invest its workforce dollars in programs that support the twin goals of a competitive economy and a broadly shared prosperity. Today, the state has a patchwork of performance management systems and no way to judge how well institutions and programs are performing against broad common goals. Some current performance measures are inconsistent with the needs of California's residents and employers; other measures create disincentives for program operators to collaborate and align services. Solution: Articulate a clear vision for California's future and set measurable goals for achieving that vision. Invest in a management and information infrastructure that will allow public workforce programs to track progress toward these goals. Provide incentives for program operators to deliver high quality services and to link programs to better serve customers. Policy Recommendations: I. Develop clear, overarching state goals and an integrated data system that can track performance- based results across institutions, over time, and into the labor market. 2. Establish performance targets that are appropriate to the missions of each program and institution and use data to improve outcomes. 3. Issue regular, public reports to improve accountability. 19E-13 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: INSTALLATION OF SPEED HUMPS ON SHELTON STREET, CUBBON STREET, AND PARK LANE ~~.. %~~ - ~ / " CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Accept the advisory poll results and approve the funding and installation of speed humps on Shelton Street, Cubbon Street, and Park Lane. ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE (ETAC) RECOMMENDATION: Recommend the City Council approve the funding and installation of speed humps on Shelton Street, Cubbon Street, and Park Lane as proposed, by a vote of 5:0 at the meeting of October 11, 2007. (Absent: Loverin, Reyes, Oregel, and Rivera.) DISCUSSION On July 12, 2007, ETAC approved the areas of impact for polling of speed humps on Shelton Street, Cubbon Street, and Park Lane (Exhibits 1, 2 and 3) . Neighborhood meetings were conducted on August 7th and 8th, 2007 to explain the speed hump and advisory polling process. Mailing of the advisory polls to the residents in each area of impact occurred shortly thereafter with a poll return date of September 26, 2007. The advisory poll results are as follows: Shelton St. Cubbon St. Park Ln. Total Ballots Mailed 144 72 53 Total Ballots Received 27 12 30 Rate of Return 19% 17a 57% Invalid Ballots 2 0 2 Total Valid Ballots 25 12 28 Valid Ballots Not in Favor of the Speed Humps (0%) (00) (25%) Valid Ballots in Favor of the Speed Humps (100gs) (1000 (75~) 19F-1 Installation of Speed Humps on Shelton Street, Cubbon Street, and Park Lane December 3, 2007 Page 2 ETAC accepted the advisory poll results and recommended to City Council the installation of speed humps on Shelton Street, Cubbon Street, and Park Lane (see Exhibits 1, 2, and 3) at their October 11, 2007 meeting. Following City Council approval, staff will prepare the design, specifications, and bid package with construction expected to begin early 2008. ENVIRONMENTAL IMPACT After completion of the Environmental Review, a Categorical Exemption will be filed pursuant to the California Environmental Quality Act. FISCAL IMPACT The estimated cost to install three speed hump locations is $75,000. Funds are available in the Select Street Construction Fund (account no. 59-551-6631, project no. 04-1002). APPROVED AS TO FUNDS AND ACCOUNTS: ~~,~c~ ~"~F-~-~ ~ ~ Mme r~ .~. ~- James G. Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency~,~ 19F-2 N'.\iPf~FIC\DISi1\SPEEO HUMP\F1VB_p]\SHELTOIL RFFA 06 26 0).DGN EXI-I~~~_~ EXHIBIT 2 19F-4 MEMORY LN. ~ F Q,~ J ~' J J. J O ~ m F,~ Q, J Q W' ~ Z ~ J W ~ ~ W ~ ~ ~ p ' Y ' ~ z ~ : ~ J ~ O H (A ~ / Q ~ ~ W ~i///~~ W PARK LN . ~ J LL w Y Q m SHARON RD. LEGEND SPEED HUMP S-fREET SEGMENT PRELIMINARY AREA OF IMPACT PROPOSED SPEED HUMP SEGMENT AND AREA OF IMPACT PARK LANE ~ ~. ,1 vd' RFCA Title: ~, INSTALLATION OF SPEED HUMPS ~~a `~ Agenda Date ON SHELTON STREET, CUBBON DECEMBER 3, 2007 STREET, AND PARK LANE K'.\TRAFFC\DISTI\S°EEO MlA1P\FTOf08\MOBART-RFEA AIVEA OF MPACT OS 28 OBDCY~ ~~ 3 19F-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS ~~ ,. CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19G-1 Traffic Division emo To: From: Date: Subject: Joseph W. Fletcher, City Attorney Via Pala Coleman Paul N. Gonsalves November 8, 2007 Request for Consent to Destroy City Records -Traffic Citations The Police Department requests your consent to destroy city records relating to the Traffic Division of the Police Departrnent. The records will include Traffic Citations dated from January 1, 2002 through December 31, 2 .This is in accordance with the retention schedule outlined in City Council Resolution Re/s/A1~/p///e/^/Ictfully Submitted Paul N. Gonsalves Y Commander Trafic Division Approved by: -~~ ~~ V AUL M. WALTERS Chief of Police 19G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: STATE FARM INSURANCE DONATION CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an Appropriation Adjustment accepting a $5,000 donation from the State Farm Insurance Company into the Fire Department's Gift & Donation account and appropriating the same into the Fire Department's Fire Prevention, Other Material & Supplies account. DISCUSSION In October 2005, the State Farm Insurance Company donated $5,000 to the Fire Department's Fire Prevention Bureau to purchase smoke detectors. These smoke detectors are used in the Fire Education Unit and will be given free to Santa Ana residents and used to educate residents about the benefits of having a working smoke detector in their home. FISCAL IMPACT Approval of the Appropriation Adjustment will increase the anticipated revenues in the Fire - Gifts & Donation Account (account no. 011-01-579$- 320) by $5,000 and appropriate the same into the Fire Department's Fire Prevention, Other Material & Supplies Account (account no. 011-321-6391). APPROVED AS TO FUNDS AND ACCOUNTS: Marc Martin Francisco Gutierrez Fire Chief executive Director Fire Department Finance & Management Services Agency 20A-1 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING THE 2008 SOBRIETY CHECKPOINT MINI-GRANT AWARD ' f `-= ~ ~'~L- CITY M NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment accepting the 2008 Sobriety Checkpoint Mini-Grant award in the amount of $66,010 into the revenue account (account no. 165-01-5358-1) and appropriate same into the 2008 Sobriety Checkpoint Mini-Grant Overtime expenditure account (account no. 165-345- 6141}. DISCUSSION The Santa Ana Police Department has been awarded a $66,010 grant from the UC Berkeley Traffic Safety Center (TSC) for the 2008 Sobriety Checkpoint Mini-Grant Program. TSC is under contract with the California Office of Traffic Safety to administer this grant. This grant funding will allow the Police Department's Traffic Division to conduct four DUI checkpoints during the December 2007/January 2008 and August/September 2008 enforcement periods. The goal of this grant is to reduce the number of victims killed and injured in alcohol-involved crashes in the City of Santa Ana. FISCAL IMPACT Approval of the appropriation adjustment will enhance the 2008 Sobriety Checkpoint Mini-Grant Program revenue account (account no. 165-01-5358-1) by $66,010 and increase the same into the overtime expenditure account (account no. 165-345-6141). APPROVED AS TO FUNDS AND ACCOUNTS: ~ ,j i ; C~,i.t,L.C ~. I :~` 4 ...,...... Paul M. Walters Chief of Police Police Department Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 20B-1 20B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: APPROPRIATION ADJUSTMENT FOR THE HABITAT CONSERVATION FUND PROGRAM GRANT AWARD FOR THE MCFADDEN TRIANGLE PROJECT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing $75,000 in the Habitat Conservation Fund Program grant revenue account (no. 169-01-5378-3) and appropriating same to the Habitat Conservation Fund Program expenditure account (no. 169-268-6631) for the McFadden Triangle Habitat Restoration project. 2. Approve an appropriation adjustment recognizing $75,000 in the Park Acquisition and Development revenue account (no. 314-O1-5070) and appropriating same to the Park Acquisition and Development expenditure account (no. 314-232-6631) for the McFadden Triangle Habitat Restoration project match. DISCUSSION The City of Santa Ana Parks, Recreation and Community Services Agency was successful in receiving a $75,000 grant from the California Department of Parks and Recreation for the McFadden Triangle Habitat Restoration project. The project will recreate the historic ecological conditions that once existed along the Santa Ana River with the development of a trailside rest area. The project entails grading the site and installing native California species plants and trees, an irrigation system, seating areas, interpretive signage, walkways, and decomposed granite trails for greater access from the rest area to the Santa Ana River Bicycle Trail. Park Acquisition and Development funds received in District 4 will be used to satisfy the 50 percent match requirement. 20C-1 Appropriation Adjustments for Habitat Conservation Fund December 3, 2007 Page 2 FISCAL IMPACT The appropriation adjustments will enhance the Habitat Conservation Fund Program revenue account (no. 169-01-5378-3) and expenditure account (no. 169-268-6631) by $75,000, and enhance the Park Acquisition and Development revenue account (no. 314-01-5070) and expenditure account (no. 314-232- 6631) by $75,000. APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet Executive Dir Parks, Recrea~ Community Ser ctor ion and ices Agency Francisco Gutierrez, Executive Director Finance and Management Services Agency 20C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FEDERAL FUNDS FOR FLOWER STREET BRIDGE RAILS (PROJECT NO. 1780) AND FIFTH STREET BRIDGE DECK REHABILITATION (PROJECT N0.1777) CITY fS1ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment accepting funds in the amount of $221,794 for the Flower and Fifth Streets bridge projects into the Select Street Construction fund (account no. 59-01-5343), and appropriating the funds to the Select Street Construction Fund (account no. 59-551-6631). DISCUSSION On September 14, 2007, City received additional funds in the amount of $160,194 for a total amount of $525,976 in Federal Funds for the Flower Street Bridge barrier rail replacement project. The additional funding is for design and construction. Construction is anticipated to begin in Spring of 2008. The City also received additional funds in the amount of $61,600 for a total amount of $196,000 in Federal funds for the Fifth Street Bridge deck rehabilitation project. The additional funding is needed to complete the design. The City is waiting to receive authorization to advertise for bids from Caltrans. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 20D-1 Appropriation Adjustment For Flower And Fifth Street Bridges December 3, 2007 Page 2 FISCAL IMPACT Funds received in the total amount of $221,794 will be deposited into the Select Street Construction fund (account no. 59-O1-5343) and appropriated into the Select Street Construction fund (account no. 59- 551-6631, $1&0,194 for Project no. 1780 and $61,600 for Project no. 1777 } , APPROVED AS TO FUNDS AND ACCOUNTS: i /~ James G. Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 20D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: CONTRACT RENEWAL FOR WEEKEND AND HOLIDAY GRAFFITI REMOVAL (SPEC. NO. 04-132) ~~rr,,'' l C.,~ ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Graffiti Protective Coatings, Inc., for weekend and holiday graffiti removal for a one-year period, in an annual amount not to exceed $100,000. DISCUSSION The Public Works Agency's Maintenance Division is responsible for weekday graffiti removal. In 1999, requests generated through the City's graffiti hot line indicated a need to expand the operation to seven days a week. Staff determined that it was not cost-effective to have City employees perform weekend and holiday graffiti removal and the City began contracting for this service. Last year, the contractor removed 550,263 square feet of graffiti during 12,667 stops made by the weekend and holiday graffiti abatement crews. Graffiti is removed in 24 hours or less, based on requests received from City staff and from residents through the City's graffiti hot-line telephone number. On November 15, 2004, the City Council awarded a contract to Graffiti Protective Coatings, Inc., for a one-year period, with provision for four, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the third renewal of the contract. FISCAL IMPACT Funds are available in the Sanitary Fund Graffiti Abatement account (no. 68-634-6291). n i ~% J J mes G. Ross xecutive Director Public Works Agency JGR/WO/04-132.R3.9:uc APPROVED AS TO FUNDS AND ACCOUNTS: ~CFrancisco Gutierrez ~~,. Executive Director Finance & Mgmt. Services Agency 22A-1 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE CONTRACTS RENEWAL FOR TEMPORARY PERSONNEL SERVICES (SPEC. NO. 05-044) ^~ i ~ ~ lP '~.-, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contracts for temporary personnel service for a one-year period in the annual aggregate amount not to exceed $300,000 with the following vendors: Abigail Abbott Staffing Services, Inc. Devon & Devon Career Professionals Howroyd Wright Employment Agency, Inc. d/b/a AppleOne Employment Services SelectRemedy Venturi Staffing Partners DISCUSSION APR Consulting, Inc. Coneybeare, Inc. Focus On Temps, Inc. Kimco Staffing Services The availability of temporary personnel services provides departments with the ability to hire staff during an employee's long-term leave, peak workload periods, as well as the recruitment period for a given position. The recommended contracts will provide various departments with the necessary temporary personnel services. Ten primary personnel classifications which include clerical assistant, file clerk, accounting clerk, typist, data entry clerk, receptionist and custodian are offered by the various vendors. Personnel are paid on an hourly basis according to job classification. City departments may utilize any of the vendors depending on rate, need and availability. Awarding multiple contracts provides a full spectrum of staff from the Southern California job pool. On June 20, 2005, the City Council awarded contracts for a one-year period, with provision for two, one-year renewals. Eight of the nine vendors have agreed to renew the contracts with no rate increase while AppleOne has increased their rates by 5 percent to cover annual increase in statutory taxes and workers compensation. The vendors have performed satisfactorily during the past contract period and staff recommends the final renewal of the contracts. The current contract is based on the prior year's usage and budgeted for special projects ~~ui~ing additional staff. Contracts Renewal for Temporary Personnel Svcs December 3, 2007 Page 2 FISCAL IMPACT Funds are available in the various departmental Other Personal Services accounts (object code 6191). APPROVED AS TO FUNDS AND ACCOUNTS: Enrique Al Executi Dir ct r Personnel Ser ces '~ ,~ ~~kFrancisco Gutierrez j1., Executive Director Finance & Mgmt. Services Agency EJA/KM/05-044RF.5:uc 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: CONTRACT RENEWAL FOR MISCELLANEOUS CONSTRUCTION MATERIALS (SPEC. NO. 05-072) _. i ,~ !/ ~r----.s.-- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with The Home Depot for the purchase of miscellaneous construction materials for a one-year period in an annual amount not to exceed $95,000. DISCUSSION The City maintains in excess of 50 buildings, including City Hall, the Corporate Yard, the Police Administration and Holding Facility, fire stations, recreation and senior centers, libraries, and park facilities. Blanket Order Lists consisting of vendors that provide supplies and services required by agencies on a consistent basis are established annually. Home Depot provides construction materials such as lumber, electrical and plumbing supplies, hardware, and fixtures that are used extensively in the maintenance of City facilities. The contract will ensure that all necessary materials are available when required. Although, most of the purchases made against this blanket order are in increments of $500 or less, larger projects in the past two years include supplies for the Police Department training course, renovation at the Jerome Center and for the Catalina camp-out for youth. On July 18, 2005, the City Council awarded a contract to The Home Depot, a Santa Ana vendor, for a one-year period, with provision for four, one-year renewals. The Home Depot has performed satisfactorily during the past contract period, and staff recommends the second renewal of the contract. 22C-1 Contract Renewal for Construction Materials December 3, 2007 Page 2 FISCAL IMPACT Funds are available in the various departmental Maintenance & Repair of Buildings & Grounds accounts (object code 6261). Francisco Gutierrez ~ Executive Director Finance and Management Services Agency FG/WO/05-072R2.2:uc 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: CONTRACT RENEWAL FOR MISCELLANEOUS SUPPLIES (SPEC. NO. 06-049) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Grainger for the purchase of miscellaneous supplies for a one-year period in an annual amount not to exceed $30,000. DISCUSSION The City establishes an annual blanket order list consisting of vendors that provide supplies and services that are required by agencies on a consistent basis. Grainger provides hand tools, welding supplies, ladders and a variety of sundry supplies to all City agencies as needed. The Western State's Contracting Alliance (WSCA) initial contract of December 1, 2006 through November 30, 2007 with provision for three, one-year renewals was approved by City Council under City Ordinance No. NS-2312. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in discount rates off base pricing. Staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in the various departmental Operating Materials & Supplies accounts (object code 6391). ~~~~~ ~~ ~~ Francisco Gutierrez ,. Executive Director ~ Finance and Management Services Agency FG/KM/06-049R1.2:uc 22D-1 22D-2 OREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: CONTRACT AWARDS FOR UTILITY VEHICLES, HYBRID MIDSIZE VEHICLE AND STAKE BED TRUCK (SPEC. NOS. 07-093, 07-094, 07-095 AND 07-096) .--, CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to Guaranty Chevrolet, a Santa Ana vendor, for the purchase of one %-ton utility vehicle in an amount not to exceed $34,122. 2. Award a contract to City Chevrolet for the purchase of three four- door utility vehicles in an amount not to exceed $63,827. 3. Award a contract to Elmore Toyota for the purchase of one hybrid midsize passenger vehicle in an amount not to exceed $26,123. 4. Award a contract to Raceway Ford for the purchase of one stake bed dump truck in an amount not to exceed $45,023. DISCUSSION The Finance and Management Services Agency Fleet Division's annual Equipment Replacement Program is in the City's annual budget and includes vehicles scheduled for replacement. Funding is monitored through a depreciation schedule established with each department. For Fiscal Year 2007-2008, 85 vehicles are identified for replacement and the proposed action is to replace five of those identified and add one new vehicle to the fleet. Additionally, the Fleet Division reviews the acquisition in accordance with the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid vehicles are available in the midsize passenger vehicle category, but not full-size utility vehicles, nor midsize large trucks. Agencies utilize different classes of vehicles in accordance to the needs and requirements of their operations. The Fire Department has assigned one vehicle to the Captain assigned as the allow for off-site communications during and firefighting supplies. -ton Chevrolet Suburban utility Emergency Prepared Coordinator, to an emergency and to carry medical 22E-1 Contract Awards for Utility and Hybrid Vehicles December 3, 2007 Page 2 Additionally, the Fire Department requires three, four-door utility vehicles to carry firefighters and equipment. Two of the Chevrolet Trailblazers are assigned to the Training Section and one for the Deputy Chief to direct fire operations in the field. The Public Works Agency Sewer Division is replacing a 1991 diesel engine stake bed truck used to pull trailers carrying asphalt and concrete saws to job sights for concrete sidewalk replacement. Additionally, Public Works is adding to the vehicle fleet a hybrid Toyota Camry for a Project Manager position for field supervisory duties. In accordance with specifications, four separate solicitations were issued. Bids were received, opened on November 05 and 06, 2007, and evaluated. The attached exhibit highlights the results of each bid. The bids from City Chevrolet, Guaranty Chevrolet, Elmore Toyota, and Raceway Ford in were found to be responsive to the specifications in their respective categories. FISCAL IMPACT Funds are available in the Equipment Replacement account (no. 76-145-6641) in the amount of $142,972; and Public Works, Administrative Services account (no. 101-601-6641) in the amount of $26,123. APPROVED AS TO FUNDS AND ACCOUNTS: t'%/ ~~'' ~ ~- Jam~s G. Ross ~~~-Francisco Gutierrez ~~~ Executive Director Executive Director P~rblic Works Agency Finance & Mgmt. Services Agency JGR/KM/07-093,07-094,07-095 & 07-096.9:uc 22E-2 ABSTRACT OF BIDS (SPEC 07-093, 07-094, 07-095, AND 07-096) CONTRACT AWARD FOR UTILITY VEHICLES, HYBRID MIDSIZE VEHICLE AND STAKE BED TRUCK Invitation #1 3/4-TON UTILITY VEHICLE VENDOR LOCATION 3 VEHICLES 1$ SA VEN.DISC GRAND TOTAL GUARANTY i CHEVROLET SANTA ANA $ 34,467 $ (345) $ 34,122 07-094 BOB STALL LAKE CHEVROLET CHEVROLET LA MESA LAKE ELSINORE $ 34,862 $ 39,867 $ 34,862 $ 34,867 OF BID AWARD AND AMOUNT GUARANTY CHEVROLET TOTAL AWARD $ 34,122 I 1 2008 CHEVY SUBURBAN Invitation #2 4-DOOR UTILITY VEHICLES 07-093 VENDOR LOCATION 1 UTILITY VEH to SA VEN DISC. GRANT TOTAL BOB STALL LAKE GUARANTY CHEVROLET CHEVROLET CHEVROLET LA MESA LAKE SANTA ANA ELSINORE S 67,237 $ 67,686 $ 68,715 $ (687) $ 67,237 $ 67,686 $ 68,028 SUMMARY OF BID AWARD AND AMOUNT CITY CHEVROLET 3 2008 CHEVY TRAILBLAZERS TOTAL AWARD $ 63,827 I Invitation #3 HYBRID MIDSIZE VEHICLE 07-095 VENDOR ELMORE D.LONGO POWER SOUTH COAST TOYOTA INC. TOYOTA TOYOTA LOCATION WESTtlINSTER EL MONTE CERRITOS COSTA MESA 1 HYBRID TOYOTA $ 26,123 $ 26,710 $ 28,458 $ 29,304 SUMMARY OF BID AWARD AND A MOUNT ELMORE TOYO TA TOTAL AWARD S 26 123 1 2007 TOYOT , A CAMRY HYBRID Invitation #4 STAKE BED DUMP TRUCK TION STAKE BED TRUCK RACEWAY FORD RIVERSIDE 07-096 VILLA LAKE FORD CHEVROLET ORANGE LAKE ELSINORE $ 47,207 $ 48,260 SUMMARY OF BID AWARD AND AMOUNT RACEWAY FORD 1 2008 FORD F450 TOTAL AWARD $ 45,023 ' 22E-3 22E-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: CONTRACT AWARD FOR REPLACEMENT OF STADIUM PRESS BOX WINDOWS (SPEC. NO. 07-097) ~ /~~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to OC Sunny for replacement of stadium press box windows in the amount of $27,844. DISCUSSION The press box of the Santa Ana Stadium was part of the original construction of the stadium in 1965. With the installation of the new synthetic turf field, the use of the Santa Ana Stadium has increased significantly and is being reserved almost daily. The stadium is the home field to four Santa Ana Unified School District high schools, Mater Dei High School, and the Santa Ana Community College football teams. It is also heavily used by local youth and adult soccer teams, Pop Warner football leagues, and is the host site for many annual special events, including the Orange County Junior All-American Cheerleading Competition and the annual Mother's Day Celebration. Coaches, scorekeepers, statisticians and school reporters use the press box. Several frames and panes in the press box require replacement due to normal use and exposure to the elements. The project includes the removal of the existing windows and the installation of new windows. The new tinted, energy efficient windows will allow for better heat and glare control, as well as increase ventilation and enhance the appearance of the Santa Ana Stadium. The notice inviting bids was advertised on October 22, 2007 and bids were solicited. A summary of the bid invitations and bids received is as follows: 7 Invitations For Bid mailed 5 Invitations For Bid mailed to Santa Ana vendors 2 Bids received 1 Bid received from a Santa Ana vendor 22F-1 Contract Award for Windows December 3, 2007 Page 2 Bids were received and opened on November 22, 2006. The results are as follows: Vendor: Location: Cost: OC Sunny Huntington Beach $27,844 Bat Jac Glass, LLC Santa Ana $36,739 The bid received from OC Sunny is responsive to the specification and meets the City's requirements. FISCAL IMPACT Funds are available in the Recreation and Community Service Facilities Maintenance Capital Outlay Park Improvements account (no. 51-250-6631). APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Mouet' " Executive Dire for Parks, Rec. & omm. Svcs. Agency GM/BP/07-097.8:uc C~Francisco Gutierrez L'+ Executive Director Finance & Mgmt. Services Agency 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: CONTRACT AWARD FOR POLICE VEHICLE CONVERSION KITS AND MISCELLANEOUS POLICE PRODUCTS (SPEC. NO. 07-100) ~- T t L4e-._______- CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Adamson Police Products for vehicle conversion kits and miscellaneous police products and supplies for a three-year period, in the annual amount not to exceed $175,000. DISCUSSION In fiscal year 2007-2008, 13 police patrol vehicles have been scheduled for replacement. In preparing the new vehicles for use by patrol, the Finance and Management Services Agency Fleet Maintenance Division utilizes conversion kits to adapt each vehicle with light bars, sirens, push bumpers and prison restraint back seats. Adamson Police Products serves as the Southern California authorized distributor for a long list of vehicle manufacturers including Aedec International, Setina Manufacturer, Havis- Shields Equipment Corporation, Federal Signal Corporation and Sound Off Industries, all who serve as the core group of manufactures on the vehicle conversion parts. Additionally, Fleet Maintenance converts U.S. Postal Service vans for a fee, including reimbursement of all materials, by installing lights, sirens and speakers. Bids were solicited and opened on November 14, 2007. A summary of the bid invitations and bids received is as follows: 11 Invitations For Bid mailed 1 Bid received 22G-1 Contracts Award for Police Vehicle Conversion Kits December 3, 2007 Page 2 The bid received from Adamson Police Products is responsive to the specifications and meets the City's requirements. Adamson Police Products is also the authorized distributor for many supplies used extensively by the Police Department, including crime scene investigation and drug test kits, traffic flares, and booking supplies. With the $25,000 aggregate limit per vendor policy, Council approval is required to set up all blanket order contracts. FISCAL IMPACT Funds are available in the Equipment Replacement account (no. 76-145-6641) for $110,000; Equipment Maintenance Garage Operation account (no. 75-111- 6391) for $25,000; and Police Property & Facilities account (no. 11-343- 6391) for $25,000. APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Chief of Police PMW/KM/07-100.7:uc ~~( Francisco Gutierrez Executive Director Finance & Mgmt Services Agency 22G-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: CONTRACT AWARD FOR SERVICE AWARDS AND PROMOTIONAL ITEMS (SPEC. NO. 07-105) v .~~_~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to McVicker & Associates for the purchase of service awards and promotional items in an amount not to exceed $75,000. DISCUSSION Promotional items and service awards are purchased for a variety of City-sponsored activities. The Parks, Recreation, and Community Services Agency orders items for the Volunteer Program. The Personnel Services Agency orders Employee Service Award items, as well as items to promote alternative forms of commuting. Community Development orders promotional items for business marketing. Custom folders and portfolios are purchased for City Council presentations. The City contracts with approximately six vendors to provide promotional items; all orders are assigned on a per-job basis after competitive bidding. McVicker typically is the lowest responsive bidder; therefore, it is not anticipated that the other five vendors will exceed the $25,000 annual aggregate limit and require City Council approval of the contract. FISCAL IMPACT Funds available in the various departmental Operating Materials & Supplies accounts (object code 6391). ~(~M~9 Y`~ ~~~~ ~~ Francisco Gutierrez Executive Director Finance and Management Services Agency FG/SH/07-105.2:uc 22H-1 22H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: CONTRACT AWARD FOR BACKUP AND RECOVERY SOFTWARE (SPEC. NO. 07-104) ~ t/''".- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_, CONTINUED TO FILE NUMBER Award a contract to CommVault for the purchase, training, and support of CommVault software in an amount not to exceed $144,250. DISCUSSION The City of Santa Ana Data Center hosts and manages key citywide applications including payroll, e-mail, financials, utility billing and the Santa Ana Property Information Network. A second data center supports the Police Department operational and administrative computer applications including computer-aided dispatch, jail management, and records management. The volume of computerized data in these two data centers has exceeded the capabilities of the current backup and recovery software system, and as a result, the time required to backup data exceeds the time span between normal City business hours. Additionally, it is critical that the integrity of the data used and stored by these two data centers be protected by a reliable and robust data backup and recovery software system to guard against data loss and/or damage. The Information Services Division researched the backup and recovery software industry. EMC Networker, Veritas NetBackup and CommVault were identified and were invited to demonstrate their product. The assessment team made up of staff representing Micro Support, Network Engineering, Information Services and Police Computer Services conducted extensive technical analysis, onsite testing of each software application, checked references, and found CommVault software to be an adaptable, flexible, and effective data management solution with the most comprehensive training component. CommVault architecture and design ensures the security and integrity of the data it backs up, recovers in a highly efficient manner and provides the best solution to meet needs yet to come. CommVault is the creator of CommVault software. As a result, staff recommends Council approval of the recommended action. 221-1 Contract Award for Backup and Recovery Software December 3, 2007 Page 2 FISCAL IMPACT Funds are available in the Technology Plan Miscellaneous Citywide Projects account (no. 109-600-6661). C~ Francisco Gutierrez Executive Director Finance and Management Services Agency FG/SP/07-104.2:uc 221-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 i ~~ TITLE: CONTRACT AWARD FOR FOURTH STREET WATER MAIN IMPROVEMENTS (PROJECT NO. 05-3198) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to J. De Sigio Construction, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $631,053 for construction of Fourth Street Water Main Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $788,800. DISCUSSION This project includes the construction of new water main improvements and appurtenances on Fourth Street between Ross and French Streets and on Bush Street between Third and Fourth Streets (Exhibit 1). These improvements include new water mains, fire hydrants, gate valves, and service laterals. Once completed, the project will eliminate water main breaks and leaks associated with the older, deteriorated water pipes. In addition, it will enhance water service capacity and fire protection. To minimize disruption to the Downtown Merchants, construction will start after the holiday season and be performed at night time. Additionally, access to downtown businesses will be available at all time during construction. This information was conveyed to the Downtown Merchants at a recent neighborhood meeting. The Notice Inviting Bids was advertised on October 19 and 22, 2007, and bids were opened on November 8, 2007. A summary of the bid invitations mailed, the bids received, and the bid results follow. 23A-1 Fourth Street Water Main Improvements December 3, 2007 Page 2 Santa Ana Contractors Contractors requesting Bids received: Bids received from San receiving notices: bidding documents: to Ana Contractors: 8 28 13 0 NAME OF BIDDER CITY 1. J. De Sigio Construction, Inc. Arcadia 2. West Valley Company, Inc. San Jose 3. Garcia Juarez Construction, Inc. Brea 4. Engineering Plumbing, Inc. Baldwin Park 5. Stephen Doreck Equipment, Inc. Long Beach 6. Pal DBA Excel Paving Long Beach 7. Simich Construction, Inc. Walnut 8. Cedro Construction, Inc. Santa Paula 9. J. A. Salazar Construction La Habra Heights 10. The SJ&B Group Riverside 11. Baudreau Pipeline Corona 12. Lone Rock, Inc. Laguna Hills 13. Savala Construction Irvine BID AMOUNT $ 631,053.00 $ 688, 805.00 $ 726, 600.00 $ 745, 000.00 $ 748,281.00 $ 817,120.00 $ 818,050.00 $ 885,960.00 $ 886, 650.00 $ 902,595.00 $ 937,505.00 $ 978,700.00 $1 ,282,221.81 A total of 13 bids were received and all were responsive. The lowest bid was submitted by J. De Sigio Construction, Inc., for $631,053 which is below the Engineer's estimate of $900,000. As demonstrated by the high number of bidders, the low bid is attributed to the highly competitive market. ENVIROAIMENTAL IMPACT In accordance with the California Environmental Quality Act, this project is exempt from further review. Categorical Exemption ER No. 2005-11, Class 2 will be filed for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $788,800 for the project (Exhibit 2}. Funds are available in the Water Capital Construction Fund (account no. 66-579-6635). APPROVED AS TO FUNDS AND ACCOUNTS: _-~ ~j Jame s G . Bc~s s Executive Director Public Works Agency - ~! ~ e Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ~, 23A-2 ~~ F~ o`~~' G~ ~~~N CIVIC CENTER ~° ~~ O~uap~oao~°°o ~ oo DODO ~~~ oa a~ o SANTA a o0 0 00 0 I~ 0000000 uU 000000 FRST ^ ^ ~ i]I] O v I"I W rcm D O ` ~ J a[snin I V 3 ~' Z YcFA00EN n ~' ' J D C~ I m ~a ~nn~~ moo ~~~ U MtFADDEN ' > r-i t .~,o g ~ o ~ m N ~1_ CIVIC CENTER DRIVE m w ` F, W w w ~ ~ W y ~ ~ W SANTAANA BLVD e ti o LOCATION FOURTH STREET THIRD BTREET "~' 3 O ~ ~, W V 2 Q~ O ~ C ~ m ~ u V' FIRST m _ STREET PROJECT LOCATION NOT 70 SCALE EXHIBIT 1 sa~~~-t~ a~n, City Council Title PROJECT 05-3198 Agenda Date 4TH STREET December 3, 2007 WATER MAIN IMPROVEMENTS i FUNDING ANALYSIS PROJECT NO. 05-3198 FOURTH STREET WATER MAIN IMPROVEMENTS Construction Contract $631,053 Contract Administration $ 19,642 Inspection and Testing $ 45,000 Survey Staking $ 30,000 Contingencies $ 63,105 TOTAL ESTIMATED CONSTRUCTION COSTS $788,800 Exhibit 2 23A-4 Page 1 of 1 Cable, Teri From: Burk, Ray Sent: Friday, November 16, 2007 10:44 AM To: Cable, Teri Cc: Girgis, Michel; Worrall, Steve Subject: FUNDING DISTRIBUTION AND WORK ORDERS FOR PROJECT 05-3198, FORTH STREET WATER MAIN IMPROVEMENTS Teri- There are two work order numbers for Project 05-3198, they are as follows: W.O. 53302 -Progress Pay is budgeted for $750,000. This work order will cover all construction contract amounts and contingencies. W.O. 53303 -Construction Engineering is budgeted for $100,000. This work order will cover all contract administration, inspection, testing and survey staking charges. -Ray 11/19/2007 23A-5 23A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: AMENDMENT TO AGREEMENT FOR GEOFILE DATASET MAINTENANCE ~~~ C~ `_`.~' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` 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 execute an amendment to the agreement with GIS Data Resources, Inc. for the updating, enhancing and maintenance of the Santa Ana Fire Department geofile datasets, in an amount not to exceed $115,000. DISCUSSION On February 20, 2007 Council approved entering into an agreement (A-2007- 044) with GIS Data Resources, Inc. (GDR). GDR has a high-quality geofile which is used in the Santa Ana Fire Department's computer aided dispatch (CAD) system. Amending this agreement ensures the Fire Department's CAD system has the most accurate information, and that our CAD system continues to run seamlessly. Agreement A-2007-044 was for the last half of FY 2006/07, in the amount of $40,000. This amendment provides these serviced a full fiscal year (FY 2007/08) and is for an amount not to exceed $75,000, bringing the total aggregate amount to $115,000. FISCAL IMPACT Funds are available in the Fire Department's Information Technology, Other Contractual Services account (account no. 011-324-6291), in the amount of $75,000. ~ ~~~ Marc Martin Fire Chief Fire Department APPROVED AS TO FUNDS AND ACCOUNTS: ® ~ n _~ ~~ Francisco Gutierrez Executive Director ~ Finance & Management Services Agency 25A-1 25A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: FIRST RENEWAL OPTION TO LICENSE AGREEMENT WITH A WHITE AND YELLOW CAB COMPANY AT THE SANTA ANA REGIONAL TRANSPORATION CENTER ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute the First Amendment to the License Agreement with A White and Yellow Cab Company for taxi services provided at the Santa Ana Regional Transportation Center. DISCUSSION The Santa Ana Regional Transportation Center is a regional transportation hub, combining Amtrak, MetroLink, Orange County Transit Authority, other bus services and taxi services. Since 1986 the City has contracted with a single company to provide taxi services as a convenience for the patrons. On October 3, 2005, the City Council approved a License Agreement with A White and Yellow Cab Company for a two-year period beginning December 19, 2005, and ending on December 18, 2007, with three 12-month renewal options. A White and Yellow Cab Company has requested to enter into its first year renewal option beginning December 19, 2007, and ending on December 18, 2008. A White and Yellow Cab Company has provided taxi services in a very professional and competent manner. Staff recommends that the City exercise the first renewal option to ensure consistent services to the Santa Ana Regional Transportation Center patrons. 25B-1 First Renewal Option to License Agreement with A White and Yellow Cab Company at the SARTIC December 3, 2007 Page 2 FISCAL IMPACT The one-year renewal option wil Regional Transportation Center in total revenue of $68,803 per year Account (account no 67-01-5614) 1 provide revenue to the Santa Ana the amount of $5,733.50 per month for in the Concession-Taxi Stand Revenue APPROVED AS TO FUNDS AND ACCOUNTS: ~i~ J is sue' Ste hen G. H rding Deputy City„ anager for Development Services Community Development Agency Francisco Gutierrez ~/~ Executive DirectorExecutive Director Finance & Management Services Agency SGH/GL/mlr H:\ACTION ITEMS\COUNCIL\2007 CC\1stRenewOptLicAgreeWhite-Ye1Cab 12-3-07.doc 25B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: CONTRACT AWARD FOR MUNICIPAL PARKING GARAGE OPERATOR ~~ ._.~,_ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a three-year management contract to Parking Concepts Inc. of Los Angeles for the operation of four Downtown, City-owned parking garages at a fixed rate not to exceed $28,800 per year. DISCUSSION The City of Santa Ana owns and operates four parking facilities within Downtown Santa Ana. All four facilities are multi-level parking structures and are vital in providing easily accessible parking for the surrounding retail businesses and numerous visitors to Downtown Santa Ana. In addition, these facilities provide parking for numerous events held throughout the year within the downtown. The existing management agreement with Ace Parking, Inc. will expire on December 31, 2007. On October 8, 2007, 19 Requests for Proposals were mailed to prospective operators for a new three-year contract. Nine responsive proposals were received. On November 16, 2007, the City of Santa Ana Community Development Agency received a fax from Diamond Parking Services informing the City that they were regrettably withdrawing its proposal. A committee consisting of city staff from the Community Development Agency Downtown and Administrative Services Divisions and the Public Works Agency evaluated the proposals. The evaluations were based on several criteria, including the proposal management, operations, improvements, implementation and recommendations plans; operator qualifications; fee proposal; projected net revenue; and the overall quality and depth of the proposal. 25C-1 Contract Award for Municipal Parking Garage Operator December 3, 2007 Page 2 Below are the evaluation results of the proposals as well as their fee proposals and projected net revenues: Projected Company Net Revenue AnnualFee Staff Ratin Ace Parking, Inc. $160,413* $13,000* 76.96 Ampco Parking Systems $372,398 $24,000 73.76 Central Parking Systems $190,863 $24,000 75.52 Five Star Parking $292,645 $0 77.16 Modern Parking, Inc. $362,301 $28,800 68.60 Network Parking -$18,526 $48,000 63.44 Parking Company of America $** $28,800 60.80 Parking Concepts, Inc. $421,937 $28,800 78.08 *Ace Parking, Inc. submitted a progressive fee proposal where the cost is zero for the first six months. The amount shown above is a yearly average of the total cost over three years. In addition, Ace Parking, Inc. submitted three budgetary proposal options based on whether (1) labor would be at the same wage and benefit rates currently paid; (2) at minimum wage rates; and (3) wages and benefits under a collective bargaining agreement. The projected net revenue shown above takes into account option 3, wages and benefits under a collective bargaining agreement. **Parking Company of America did not submit a projected gross revenue proposal; therefore, the projected net revenue could not be determined. Currently Parking Concepts, Inc. is the management company for the County of Orange parking facilities in the civic center area. Staff evaluated the benefits of having the same management company, which would afford opportunities for coordination in parking policies and procedures. A requirement of the proposal was to submit a management plan, which was to include a pro forma statement for calendar year 2008. Parking Concepts, Inc. proposed the highest net revenue; and even though the net revenue is a projected amount, staff determined that reaching this level was attainable given their costs and estimated revenue. 25C-2 Contract Award for Municipal Parking Garage Operator December 3, 2007 Page 3 Another plan that was a requirement of the proposal was an operational plan. Parking Concepts, Inc. has a clear understanding of the needs of the City in order to operate the facilities in an efficient and effective manner. In addition, the City also requested plans for improvements of the facilities and overall recommendations. The improvements and recommendations proposed by Parking Concepts, Inc. are essential to bringing the facilities up to a standard of quality desired by the City. Parking Concepts, Inc. did not have the lowest management fee. The fee ranged from $0 to $48,000; and the fee Parking Concepts, Inc is proposing of $28,800 is in line with the majority of proposals. In addition, the fee is only one component of the overall assessment of the proposal. Combined with the other criteria that was evaluated, Parking Concepts, Inc. rated as the top scorer. Five Star Parking proposed operating the parking facilities at zero cost to the City; however, after evaluating its budgetary proposal, the cost of operating the facility would out weigh the zero fee. Often, the parking garages provide the first impression to those visiting Santa Ana; therefore, the appearance of the garage and customer service are of primary importance. With the execution of a new agreement, staff will work with Parking Concepts, Inc. to develop improvement plans. Based on the overall quality and thoroughness of the proposal, staff recommends the selection of Parking Concepts, Inc. to manage the four Downtown City-owned garages for a three-year period with two, one-year options to be executed at the discretion of the City. FISCAL IMPACT Funds are available in the Downtown Parking Facilities Account (account no. 027-014-6291). APPROVED AS TO FUNDS AND ACCOUNTS: l~ Ste hen G. arding Deputy City Manager for Development Services Community Development Agency ~~~ ~~~ ~~.~F-rancisco Gutierrez ~~ ~ Executive Director Finance & Management Services Agency SGH/FH/mlr H:\ACTION ITEMS\COUNCIL\2007 CC\ContAwardMuniParkGarage0perator 12-3-07.doc 25C-3 25C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-06 FOR THE PROPERTY LOCATED AT 2140 NORTH ROSS STREET J ~-C+aJ ~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Kim and Troy Leaming for the structure located at 2140 North Ross 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 Kim and Troy Leaming for the structure located at 2140 North Ross Street at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 25D-1 HPP Agreement No. 2007-06 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $146.28 to $731.41 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~M~i~ o ~ ~~ ~ _ ~ ~. ay Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency-- HS:rb ha\hiatoric info\mills act agreements\hppa07-06_2140 N_Rosa.cc 25D-2 REQUEST FOR Historic Resouroes Commission Action NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-06 FOR THE PROPERTY LOCATED AT 2140 NORTH ROSS STREET HISTORIC RESOURCES ©OAA~SION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske `~ Executive Director Planning Mana r RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Kim and Troy Leaming, property owners, for the structure located at 2140 North Ross Street. DISCUSSION Request of Applicant The applicants, Kim and Troy Leaming, Property Preservation Agreement No. property owners and the City of Santa request the approval of Historic 2007-06 (Mills Act) between the Ana. Property Description The subject property includes a single-story English Revival residence and a detached garage located at 2140 North Ross Street, in the Floral Park neighborhood. Surrounding land uses are residential (Exhibit 1). Analysis of the Issues At its meeting of October 4, 2007, this item was continued to November 1, 2007 due to a lack of quorum. In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. EXHIBIT A 25D-3 HPPA No. 2007-06 November 1, 2007 Page 2 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. One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in September 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this English Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. 25D-4 HPPA No. 2007-06 November 1, 2007 Page 3 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. Hal y So leske Associat Planner HS j m hs\historic info\mills act agreements\2140_N_ROSS.hppa07-06.110107.hrc 25D-5 HPPA-2007-06 2140 North Ross Street PLANNING AND BUILDING AGENCY ~~ EXECUTIVE SUMMARY FULLER-UTT HOUSE 2042 North Ross Street Santa Ana, CA 92706 NAME Fuller-Utt House REF. NO. ADDRESS 2140 North Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches maybe used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the facade and are often multi-paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARY/CONCLUSION: The Fuller-Utt House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the English Revival style in the Floral Park neighborhood "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) SSl: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 4 25D-7 State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary HRI # NRHP Status Code Other Listings Review Code Reviewer Date Resource name(s) or number (assi4ned by recorder) Fuller-Utt House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2140 North Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-112-12 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one-story, stucco-clad residence features the picturesque asymmetry typical of the English Revival style. Steeply pitched, the cross-gabled roof of patterned wood shingles with rolled edges is meant to suggest thatching. Gable ends are slightly extended, with a thin notched vergeboard beneath. Tall and narrow vents with horizontal louvers pierce the gable ends. Stucco sheathes the building. Centered on the fagade, afront-gabled wing contains a slightly pointed tripartite window whose fixed center sash is flanked by four-light casements. The window surround is cast-stone, scored to resemble masonry. The north half of the fagade displays apair ofsix-over-one, double-hung sash windows, also framed with scored cast-stone. The same scored cast stone, with a faux keystone, surrounds a large fixed-pane window marking the south half of the fagade. Elevated three steps and facing south from the central wing, the recessed entry, accented by a cast stone surround, consists of a wood door accented with a small stained-glass window screened with spindlework. Fenestration on the side elevations includes additional double-hung sash windows, in both six-over-one and one-over-one configurations. Located in the southwest comer of the property, the original garage features sliding wood doors with vertical siding and a stepped parapet wall. Alterations include substitution of French doors for a window on the rear elevation of the house and the addition of the to the garage roof. The house appears substantially intact otherwise and is enhanced by mature trees and landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) East elevation August 2007 *P6. Date Constructed/Age and Sources: ^historic 1930/City of Santa Ana Building Permits *P7. Owner and Address: Troy and Kim Learning 2140 N. Ross St. Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: August 3, 2007 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) ~p DPR 523A (1195) ~ ~ LJ~of d *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Pane 2 of 3 *CHR Status Code 5S1 *Resource Name or #: Fuller-Utt House 61. Historic Name: Fuller-Utt House B2. Common Name: Same B3. Original Use: Single-family Residence 64. Present Use: Single-family Residence *65. Architectural Style: English Revival *66. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1930 November 1, 1930. Residence and garage constructed for $5,000. *B7. Moved? ^No Yes DUnknown Date: *B8. Related Features: Garage. B9a. Architect: Unknown Original Location: b. Builder: Unknown *B70. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Fuller-Utt House is architecturally significant as an intact and representative example of the English Revival style and historically notable for its association with a prominent Santa Ana resident James Utt. The original building permit issued in November 1930, indicates that the house was built for $5,000 by Roy Roscoe Russell, one of the original developers of Floral Park. When the improvement first appeared in city directories in 1932, Ralph D. Fuller, an assistant trust officer with the Bank of America, and his wife Edna were listed as the home's first occupants. By 1936, the residence was the home of James 8. Utt, whose father Charles had been one of the founders and early settlers of Tustin, California. James Utt and his wife Charlena remained in the home until 1939. During this time, Utt served as assemblyman for the 74~h district in the California State Assembly. By 1937, Utt had been appointed state inheritance tax appraiser, a position he held until 1952. (In 1953, Utt began a nearly twenty-year term as a congressperson in the United States House of Representatives.) From 1939 to at least the early 1960s, Mrs. Mattie C. Long, who operated a hemstitching and button shop on Fourth Street, occupied the residence. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) 613. Remarks: *B14. Evaluator: Leslie J. Neumann *Date of Evaluation: August 3, 2007 (This space reserved for official comments.) Sketch Map -= U r - - , ~N Q s O Q 002-112-12 ~ 2140 N. Ross St. CO ~ O - O O ~ m O O a .,~ y N° ~ ~ ~ ~ sa D V ~~ ~ ~ 'z1-- _ ~ ~ a a - DPR 5236 (1195) ~'Q ~Q *Required information ~~Vf J 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 recorderl Fuller-Utt House *Recorded by Leslie J. Neumann and Deborah Howell-Ardila *Date August 3, 2007 0 Continuation ^ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Fuller-Utt House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War ll years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Fuller-Utt House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Typical features of this style illustrated by the house include its asymmetrical arrangement of elements; combination of stucco cladding with sparse ornament shingle roof with rolled edges; pointed or Tudor-arched window; tripartite window configuration; attached brick chimney; and its emphasis on vertical features such as the steeply pitched gables. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an example of the English Revival style `is a good example of period architecture." Character-defining exterior features of the Fuller-Utt House that should be preserved include, but may not be limited to, materials and finishes (stucco, wood, and cast stone); roof configuration and detailing; original windows and doors where extant; chimney,' architectural details such as the shingles with rolled edges and cast stone surrounds.. *612. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Inferior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources."Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Armor, Samuel. History of Orange Countv. Los Angeles: History Record Company, 1921. Franklin, Don. `lVW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room Historic House File, circa 1995. Santa Ana and Orange County Directories, 1930-1962. `Biographical Directory of the United States Congress: Utt, James Boyd, (1899-1970). Available at http://bioguide. congress. gov `James Boyd Utt." Available at www.findaprave.com DPR 523E /~ ~~ 4 ~~ MILLS ACT AGREEMENT 2140 North Ross Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 Troy and Kim Learning, (hereinafter referred to as "Owners"), owner of real property located at 2140 North Ross 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 2140 North Ross 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 cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- EL~~ ~ 1 MILLS ACT AGREEMENT 2140 North Ross 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 December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25D-12 MILLS ACT AGREEMENT 2140 North Ross 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 character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25D-13 MILLS ACT AGREEMENT 2140 North Ross 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 Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise -4- 25D-14 MILLS ACT AGREEMENT 2140 North Ross Street Santa Ana, CA 92706 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 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 2140 North Ross Street, Assessor Parcel Number, 002-112-12, 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: Troy and Kim Learning 2140 North Ross Street Santa Ana, CA 92706 -5- 250-15 MILLS ACT AGREEMENT 2140 North Ross 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. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25D-16 MILLS ACT AGREEMENT 2140 North Ross 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 Owners: Date: Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Troy Leaming By: Kim Leaming APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -~- 25D-17 MILLS ACT AGREEMENT 2140 North Ross Street Santa Ana, CA 92706 Exhibit A LOT 7 OF TRACT NO. 946 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 3 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor Parcel No. 002-112-12 -s- 25D-18 MILLS ACT AGREEMENT 2140 North Ross Street 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- 250-19 MILLS ACT AGREEMENT 2140 North Ross Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io - 25D-20 Exhibit C (photographs attached) MILLS ACT AGREEMENT 2140 North Ross Street Santa Ana, CA 92706 MILLS ACT AGREEMENT 2140 North Ross Street Santa Ana, CA 92706 -12- 25D-22 MILLS ACT AGREEMENT 2140 North Ross Street Santa Ana, CA 92706 -13- 25D-23 a Q z 0 a O J H W W 0 O Z r N w w ~° (V N d' op .-- ^ ^ ~~ ^ ~ ^ ~ a 1 w • O o I O ^ o o I O ^ O I I I N ~~ .~~ ^~~ ~. ~~ ~ ~ ~ 0 z 25~-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-10 FOR THE PROPERTY LOCATED AT 1819 NORTH ROSS STREET -~' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with James A. and Carrie E. Johnson for the structure located at 1819 North Ross 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 James A. and Carrie E. Johnson for the structure located at 1819 North Ross Street at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 25E-1 HPP Agreement No. 2007-10 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $65.89 to $329.47 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: J Trevino Executive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency HS:rb hs\historic info\mills act agreements\1819_N_ROSS\hppa07-l0.cc 25E-2 REQUEST FOR Historic Resources Commission Action Hsrowc ~ouRCFrs oon~u~ssloN nn~rr~ oATr_: NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-10 FOR THE PROPERTY LOCATED AT 1819 NORTH ROSS STREET APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske (~!~ Executive Director I~-G~.I~Q~n- Planning Ma ager 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 James A. and Carrie E. Johnson, property owners, for the structure located at 1819 North Ross Street. DISCUSSION Request of Applicants The applicants, James A. and Carrie E. Johnson, request the approval of Historic Property Preservation Agreement No. 2007-10 (Mills Act) between the property owners and the City of Santa Ana. Property Description The subject property includes a one-story Craftsman Bungalow styled residence and a detached garage located at 1819 North Ross Street. The property is within the Floral Park neighborhood and the surrounding land uses are residential (Exhibit 1) . Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25E-3 HPPA No. 2007-10 November 1, 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 November 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Craftsman styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. w: r ,C Hal y So eske Associate Planner HS:jm hs\historic info\mills act agreements\1819_N_ROSS\hppa07-l0.hrc SergZo Senior 25E-4 ~ ?013 ?Oi.T IppT ~ .?ppg 2408 j W W ~ 20D~ a t7 2006 J828 ~ .; 2402 t920 1427 1916 1912 1906 1942 18TH ST 1816 1810 1806 W 16TH ST y 172? ~ 4 1718 IT70 ~ 1710 ~ p m 'p ~ ~ ~ ,~ 1702 77TH R7 500' RADIUS HPPA-2007-10 1819 North Ross Street PLANNING AND BUILDING AGENCY E~i~I~T~ EXECUTIVE SUMMARY WELLS-ROBBINS HOUSE 1819 North Ross Street Santa Ana, CA 92706 NAME Wells-Robbins House REF. NO. ADDRESS 1819 North Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1924 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 architecture was popularized by the Craftsman (magazine) and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines, which 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. SUMMARY/CONCLUSION: The Wells-Robbins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman Bungalow. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Craftsman Bungalow style in the Floral Park neighborhood "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 ~a~e ref 4~ State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial NRHP Status Code Reviewer or number (assigned by recorder) Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 0054 Date: *c. Address 1819 North Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-102-12 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Sheathed in horizontal wood siding, this one-story residence displays the trademark features of the Craftsman Bungalow style. The home is capped with a prominent low pitched, side-gable roof, which extends to shelter an open wrap-around porch on the west and north elevations. Porch supports are provided by pairs of thin rectangular posts. Wide overhanging eaves and exposed rafter tails terminate the roof line. The prominence of the side gable is balanced on the facade's south half by two front gables, one enclosing a dormer and the other a square projecting bay. Accenting each gable apex are wood vents consisting of vertical wood strips grouped in fours. Gables are trimmed with plain bargeboards. Fenestration on the facade consists of a set of tripartite windows with typical Craftsman styling. Plain wood surrounds frame the windows, which feature fixed center panes, topped with multilight transoms, flanked by rectangular double-hung sashes. The transoms and top sashes are divided by two horizontal and two vertical muntins, in a decorative tripartite design repeated on the facade windows and entry, which consists of a glass, wood-framed door. A set of plain wood surrounds enclose the tripartite window and entry overlooking the porch, which is elevated on three steps. Side elevations display double-hung sash windows with wood frames in a variety of configurations. The north elevation ends with a secondary entrance, elevated on two steps. The northeast corner of the roof displays an attached chimney, clad in horizontal wood siding. Alterations include a nonoriginal garage door. The house is otherwise highly intact and in good repair. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other *P11. Report Citation: (Cite survey report and other sources, or enter "none") PSb. Photo: (view and date) Northwest elevation October 2007 *P8. Date Constructed/Age and Sources: ^historic 1924/City of Santa Ana Building Permits *P7. Owner and Address: James A. & Carrie E. Johnson 624 S. Birch Street Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: October 8, 2007 *P10. Survey Type: Intensive Survey Update *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) ~ "a~7 *Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 *Resource Name or #: Wells-Robbins House B1. Historic Name: Wells-Robbins House B2. Common Name: Same 63. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Craftsman Bungalow *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1924 March 1924. Residence and garage constructed for $4, 500. November 24, 1931. Reroof, $200. February 10, 1942. Reroof, $132. *67. Moved? ^No f]Yes DUnknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Wells-Robbins House is architecturally significant as an intact example of a Craftsman Bungalow. According to the original building permit, dated March 1924, the original owner of the house was Helen E. Wells, who owned but did not occupy the home. The improvement appears in city directories as of 1925, but no occupants are listed until 1928, when Frank J. Sidener and wife Susie purchased the home. Ownership changed hands several times over the course of the 1930s, going from Norman M. Blaney, executive secretary of the County Farm Bureau,to Frank E. Ulrey and wife Lou Ella in 1931. By 1932, Meyer Peale, a salesman with Sam Hurwitz Mens Furnishings & Clothing, and wife Freda owned and occupied fhe home. As of 1935, the home was owned by Benjamin Bellomy and wife Elsie. Two years later, C. Douglas Ferry, a gas company representative, and wife Pauline bought the home, where they remained until the early 1940s. The residence had shifted ownership again by 1947, when Richard Robbins, an insurance agent, and wife Janef purchased the home. City directories indicate that, by 1954, Robbins had become vice president of Robbins-Bristol, Inc. The Robbins remained in the house until fhe early 1960s. (See Continuation Sheet 3 of 3.) 611. Additional Resource Attributes: (List attributes and *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: October 8, 2007 (This space reserved for official comments.) DPR 5236 (1195) Sketch Map ~ ~ ~ 1819 N. Ross St. 002-102-12 x ~ ~ V ' ' O O O , l ~.~ ~~' Q 1 .Q~ 1~1 V 41 N O W O 0 ___ .-------- ~ ~ Q ~ ®~~ ~ U ,~» i 'Required information ~'p~bf State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Wells-Robbins House "Recorded by Leslie J. Neumann and Deborah Howell-Ardila '`Date October 8, 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 Wells-Robbins House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. !n the late 1920s and 1930s, anotherbuilder, 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 of 2009 Victoria Drive. In the early post World War ll years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Wells-Robbins House qualities for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman Bungalow style. Typical features of this style illustrated by the house include ifs horizontal wood cladding; low-pitched, cross-gabled roof with open, wide overhanging eaves and exposed rafter tails; patterned gable venting; tripartite window configuration and distinctive muntin pattern; asymmetrical composition; wrap-around patio and narrow post porch supports. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an example of the Craftsman Bungalow style "is a good example of period architecture." Character-defining exterior features of the Wells-Robbins House that should be preserved include, but may not be limited to, materials and finishes (wood cladding); asymmetrical treatment of elements on the facade; roof configuration and detailing; original windows and doors where extant; chimney clad in wood siding; architectural details such as the muntin patterns visible on the facade. '`B12. References (continued): Armor, Samuel. History of Orange Countv. Los Angeles: History Record Company, 1921. Chain of Title, 2128 N. Greenleaf Street. Available at the Planning Division, Santa Ana City Hall, Santa Ana, CA. Franklin, Don. `lVW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Wells-Robbins, Louis, Irvine. Letter fo Thomas Smalley, 29 January 2001. Marsh, Diann. Santa Ana. An Illustrated Hisforv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Oftice of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1930-1962. Ward, Cynthia, Anaheim. "Wells-Robbins House Primary Record and Building, Structure and Object Record,"July 2007. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies," Orange Countv Register. September 15, 1981. `History of Floral Park." htfp://www.floral-park.com/page2.html. DPR 523E ^ L ag of 4 MILLS ACT AGREEMENT 1819 North Ross Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 James and Carrie Johnson, (hereinafter referred to as "Owner"), owner of real property located at 1819 North Ross 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 1819 North Ross Street, Santa Ana, California, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- EC'~ O MILLS ACT AGREEMENT 1819 North Ross 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 December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) iri any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25E-11 MILLS ACT AGREEMENT 1819 North Ross 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 character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25E-12 MILLS ACT AGREEMENT 1819 North Ross 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 Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %Z) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25E-13 MILLS ACT AGREEMENT 1819 North Ross 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 1819 North Ross Street, Assessor Parcel Number, 002-102-12, 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: James and Carrie Johnson 1819 North Ross Street Santa Ana, CA 92706 -5- 25E-14 MILLS ACT AGREEMENT 1819 North Ross 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. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25E-15 MILLS ACT AGREEMENT 1819 North Ross 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 Owner: Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: James Johnson Date: By: Carrie Johnson APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25E-16 MILLS ACT AGREEMENT 1819 North Ross Street Santa Ana, CA 92706 Exhibit A Lot 2 of Tract 256 in Block C in the City of Santa Ana, County of Orange, State of California in the office of the County Recorder of said County. Assessor Parcel No. 002-102-12 -s- 25E-17 MILLS ACT AGREEMENT 1819 North Ross Street 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- 25E-18 MILLS ACT AGREEMENT 1819 North Ross Street 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- 25E-19 MILLS ACT AGREEMENT 1819 North Ross Street Santa Ana, CA 92706 Exhibit C (photographs attached) -~~- 25E-20 MILLS ACT AGREEMENT 1819 North Ross Street Santa Ana, CA 92706 -12- 25E-21 MILLS ACT AGREEMENT 1819 North Ross Street Santa Ana, CA 92706 -13- 25E-22 a Q z O a O J H W W 0 0 z W W M r Q ~ O 0 I o o 0 o o 0 Z 25E1-~3 25E-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-11 FOR THE PROPERTY LOCATED AT 1904 NORTH FLOWER STREET l.~'` CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Stephen J. and Karen Ita Amsler for the structure located at 1904 North Flower 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 Stephen J. and Karen Ita Amsler for the structure located at 1904 North Flower Street at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 25F-1 HPP Agreement No. 2007-11 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $61.43 to $307.14 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~ C~~j~~ ~~ ~ `" J Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency~;- HS:rb hs\historic info\milla act agreements\1904 N_Flower\hppa07-ll.cc 25F-2 REQUEST FOR Historic Resouroes Commission Action • -~ -~a: • - rte. r• ~~ • ~ ~ NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-11 FOR THE PROPERTY LOCATED AT 1904 NORTH FLOWER STREET APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske ~._ Executive Director ~.~ Planning Man er 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 Stephen J. and Karen Ita Amsler, property owners, for the structure located at 1904 North Flower Street. DISCUSSION Request of Applicants The applicants, Stephen J. and Karen Ita Amsler, request the approval of Historic Property Preservation Agreement No. 2007-11 (Mills Act) between the property owners 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 1904 North Flower Street. The property is within the Floral Park neighborhood and the surrounding land uses are residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25F-3 HPPA No. 2007-11 November 1, 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 Key in June 2005 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this French Eclectic 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. 1 ~ ' Ha ly So oleske Associate Planner HS:jm hs\historic info\mills act agreements\1904-N_Flower\hppa07-ll.hrc ~~ Sergio lotz, AICP Senior Planner 25F-4 ~ 2 2021 2012 S ~ h. m ~~ C O d ' 193'5 " .. a 1927 J o v 1 ~ ~ 919 20TH ST ~. 9TH $T 19TH ST F- ae ~ ~ i809 Wpb ~6V ~ O 1719 LS CS .Q A p ~ ~ 1717 1711 1706 ~ N ~ ~ ~ ~ "~ ~ +~ h ~ 1 a ~ ~ ear.. 500' RADIUS HPPA-2007-11 1904 North Flower Street PLANNING AND BUILDING AGENCY ~~~~~~ EXECUTIVE SUMMARY VAN HORNE HOUSE 1904 North Flower Street Santa Ana, CA 92701 ~ NAME 'Van Home House ~ REF. NO. ADDRESS ~ 1904 North Flower Street F -- - T -- - -- _- - -- _ - __ _,_ _T_ _ _- _ - --_- -- - CITY i Santa Ana ~~ ZIP ~ 92701 ORANGE COUNTY __.- -- . _ _ _ _ _ _ _-- __-- -- --1---__ ___ ..__ _ _ _ _ _ __ ___--- YEAR BUILT 1929 ;LOCAL REGISTER CATEGORY: Key _- --- r- ---- ~ - -- ----.__ ___. _ _ --- __ _- w__ _ _ _ ____ HISTORIC DISTRICT I N/A ~ NEIGHBORHOOD West Floral Park _- -_ _. _ _. _._ 1 _ _ _ - _ _ _ _ __ ~__-__~_ - -- -- --- _ _ - _ .__._-. CALIFORNIA REGISTER CRITERIA FOR EVALUATION '~ 3 ~ CALIFORNIA REGISTER STATUS CODE ~ 5 S 1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Late Nineteenth and Early Twentieth Century Revivals/Other: French Eclectic Although the French Eclectic style resembles the contemporaneous Tudor Revival and shares some ofthe same medieval European precedents, it is distinguished from its English counterpart by its roof treatment. A hipped roof of steep pitch is present in most examples, although one subtype may incorporate a gabled roof in association with aconical-roofed tower. Tall chimneys are often seen, as are dormers, which can emerge from the roof or be set flush with the wall, breaking the cornice. Arched openings for doors and windows are common. More formal versions feature symmetry, Renaissance detailing, and quoins at corners and around arches. Examples based on more rural prototypes are generally asymmetrical. Exterior walls may be stucco, brick, or stone, and maybe ^~torned with half-timbering. Windows are usually casements in type. (McAlester, pages 386-395.) o~.1MMARY/CONCLUSION: The Van Home House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a structure with the distinguishing characteristics ofan architectural style, the French Eclectic style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as one ofthe few Santa Ana examples ofthe French Eclectic style ofthe 1920s and 1930s (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 Califomia Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From Califomia Office of Historic Preservation, December 8, 2003.) SSl: Individual property that is listed or designated locally. EXHIBIT 2 2~~'--~ State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings_ Review Code__ Reviewer_ _ _ Date Page _ t of _•? Resource name(s) or number (assigned by recorder) Van Home House P1. Other Identifier: •P2. Location: ONotforPublication ^Unrestricted *a. County Orange County 'b. USGS 7.5' Quad TCA 0054 Date: 'c. Address 7904 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number. 399 Block: 057 Lot 11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Located on the northwest corner of North Flower and West Nineteenth Streets, this is a one-story residence in the French Eclectic style. The dominant feature of the design is the steeply pitched, hipped roof. Smallerhipped roofs crown the north bay of the facade, dormers on the front and north elevations, and a window centered within the north bay, as well as a pair of dormers atop an addition on the south elevation. Additional complexity of the roof configuration is provided by an extremely steep gable over the central entry, an additional gablet behind the entry, and two, tall chimneys. At either end of the facade, the roof slope continues down almost to ground level, capping a wing wall pierced by an archway on the north. Stucco covers the exterior walls, with brick used for the stack of the south chimney, to wrap portions of the foundation, and to trim the terrace that fronts the south two-thirds of the facade. At the north end of the terrace, the entry is round-headed and contains a paneled wood door. An extremely slender, arched opening is centered in the gable face over the entry archway. (See Continuation Sheet 3 of4.) 'P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: •Building DStructure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) East elevation March 2005 *P6. Date Constructed/Age and Sources: •historic 1929/Cityof Santa Ana Building Permit "P7. Owner and Address: Stephen and Karen Amsler 1904 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann SAlC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: May 30, 2005 *P10. Survey Type: 'P11. Report Citation: (Cite survey report and other sources, or enter "none") None. 'Attachments: DNone Location Map OSketch Map ^Continuation Sheet •Building, Structure, and Object Record OArchaeological Record ^District Record ^Linear Feature Record DMilling Station Record ^RockArt Record ^Artitact Record ^Photograph Record D Other (list) Primary#____ HRI # Trinomial NRHP Status Code__ .__ _ _ . _ . _ DPR523A (1/95) ~~ ~_~ 'Required information Intensive Survey Update State of California -The Resources Agency Primary#_____ _- --- DEPARTMENT OF PARKS AND RECREATION HRI# ______-__ .._ __. __~___. _._ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4_ *CHR Status Code_5S1 "Resource Name or #: Van Home House 61. Historic Name: Van Home House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *65. Architectural Style: Late Nineteenth and Twentieth Century Revivals/Other: French Eclectic *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1929. October 17, 1929. Residence and garage. November 12, 1941. Reroof. November 4, 1953. Addition. March 4, 1999. Add bedroom, bath, and laundry. Relocate existing two-cargarage. May27, 1999. Reroof with tear-off. Remove composition shingles, apply composition shingles. *B7. Moved? ^No ^Yes ^Unknown Date: Original Location: *B8. Related Features: Garage. 69a. Architect: Unknown b. Builder. Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Van Home House is architecturally significant as a distinctive example ofthe French Eclectic style, a style rarely seen in Santa Ana. It was built in 1929 for H. S. Van Horn (sic) for a reported cost of $7, 000. Harry S. Van Home and his wife Marion had occupied the house by 1931. No occupation for Van Home was listed in the City directories. (See Continuation Sheet 3 of4.) 611. Additional Resource Attributes: (List attributes and codes) '612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of4.) 613. Remarks: "614. Evaluator: Leslie J. Neumann *Date of Evaluation: March 30, 2005 (This space reserved for official comments.) Sketch Map Van Home House 1904 North Flower Street !Ot ~! ~ $O D 1' f a 65 ~ ~G. Q ~ F.. ~ G v ~~ ,~ Ib J I I a ~ y (~ ~ ~,. ~ ~ 59 6: ! S'3' 66 65 64acYs• ,~„ G 9 y ~. ~~~ ~_ 3 3 .p ,G . 8 .TRACT '., 14 ^^ 13 0 ~ ~12 ~, DPR 5236 (1/95) 'Required information ~~1 f _~___~ _ State of Califomia -The Resources Agency Primary # _ __ ___.-______.____ __ ___ DEPARTMENT OF PARKS AND RECREATION HRI # ____.__.__._____ __..______ CONTINUATION SHEET Trinomial .___ _ ___._. _- __ __ Page 3... of 4 Resource Name or # (Assigned by recorder) Van Home House "Recorded by Leslie J. Heumann, SAlC "Date March 30, 2005 ~ Continuation ^ Update 'P3a. Description (continued): Overlooking the terrace, a large, fixed sash south of the entry has a segmental arched head that breaks the cornice line. A smaller arched window is set higher on the facade further to the south. A single window centered on north bay is adorned with a bracketed, hipped hood and a window box. On the south elevation, a master bedroom addition does not compromise the integrity of this unusual design. *B 10. Significance: Since the second half ofthe twentieth century, the neighborhood in which the Van Home House is located has been known as West Floral Park. Located northwest ofthe historic core of Santa Ana, this residential neighborhood is bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west. Prior to World War ll, the area was agricultural, divided into a few large landholdings devoted primarily to the cultivation of oranges, walnuts, and apricots. Traces of this early era remain in the form of two original farmhouses (1911 Westwood Street and 2402 North Flower Street) and in a few large parcels along Flower Street. During the 1920s and 1930s a handful ofhouses were erected on Baker, Bristol, and Flower Streets, and two municipal facilities, the City Water Works pumping plant and the City/County Animal Shelter, were built at 2315 and 2321 North Bristol Street. West Floral Park acquired ifs current identity as a neighborhood of expansive, California Ranch Style houses in the years following 1947. Development started slowly, with around two dozen homes being built on Baker, Olive, Towner, and Westwood Streets between 1947and 1950. Construction boomed during the 1950sand 1960s. One builderin particular has come to be associated with West Floral Park: Roy Rodney Russell. The son of Roy Roscoe Russell, who developed much of Victoria Avenue in Floral Park, Roy Rodney Russell formed a partnership with his father, called Roy Russell and Son, Builders, in 1945. They began building homes on speculation, usually around fifteen or twenty each year. Following the death ofhis father in 1965, Roy Rodney Russell continued to build, mostly custom homes and many of them in West Flora/ Park. He retired in 1993. Flower Street itself ended at Seventeenth Street during the agricultural period. North of Santa Clara, Hannah Street (also spelled "Hanna') was renamed Flower between 1912 and 1915. Sometime later, the north and south sections of Flower were joined, but the area between Seventeenth and Santa Clara remained agricultural. By 1929, according to the city directories, there were nine houses on the west side of Flower north of Santa Clara in the Fisher Park neighborhood (the 2600 and 2700 blocks), and only one (2330) in West Floral Park. By 1931, five houses, including the Van Home House, had been constructed on Flower south of Santa Clara on this street of orange and walnut orchards. The Van Home House qualifies forlisting in the Santa Ana Register oiHistorical Properties under Criterion 1, as a structure with the distinguishing characteristics ofan architectural style, the French Eclectic style. It displays the hipped roof, asymmetrical massing, dormers, stuccoed exterior, and arched openings that exemplify the style. Additionally, the house has been categorized as "Key" because it has a distinctive architectural style and quality" as one of the few Santa Ana examples of the French Eclectic style of the 1920s and 1930s. Character-defining exterior features of the Van Home house that should be preserved include, but may not be limited to: materials and finishes (stucco, brick, wood); roof configuration and detailing; massing; dormers; windows and doors; chimneys; terrace; wing wall; and architectural details (such as brackets, window box, bays.). DPR 523E 2p~~pf~ State of California -The Resources Agency Primary # __-_ _ __ ___ _ _ ____ __ DEPARTMENT OF PARKS AND RECREATION HRI # ___ CONTINUATION SHEET T«nomtai ___________._ ____ _ _-. Page 4_ of 4_ Resource Name or # (Assigned by recorder) Van Home House 'Recorded by Leslie J. Neumann, SAIC *Date March 30, 2005 Cx] Continuation ^ Update *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WWNorton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register8ranch, National Park Service, US Dept. ofthe Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. "Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 191 D-1935. Armor, Samuel. Historvof Orange County. Los Angeles: History Record Company, 1921. Franklin, Don. "NWSanta Ana History: Roy Russell & Son, Builders. " Unsourced article from the Santa Ana History Room Historic House File, circa 1995. PSb. Photo: (view and date) West and east elevations, March 2005. DPR 523E ~~ ~.ef 5~ O MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 Stephen J. and Karen Ita Amsler, (hereinafter referred to as "Owners"), owners of real property located at 1904 North Flower 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 1904 North Flower 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 cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- E~T~ ~I 1 MILLS ACT AGREEMENT 1904 North Flower 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 December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25F-12 MILLS ACT AGREEMENT 1904 North Flower 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 character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25F-13 MILLS ACT AGREEMENT 1904 North Flower 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 Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25F-14 MILLS ACT AGREEMENT 1904 North Flower 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 1904 North Flower Street, Assessor Parcel Number, 399-051-11, 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: Stephen J. and Karen Ita Amsler 1904 North Flower Street Santa Ana, CA 92706 -5- 25F-15 MILLS ACT AGREEMENT 1904 North Flower 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. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25F-16 MILLS ACT AGREEMENT 1904 North Flower 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: Stephen J. Amsler Date: By: Karen Ita Amsler APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -~- 25F-17 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 Exhibit A Lot 64 of Tract 748, as per map recorded in Book 30 page 9 of Miscellaneous Maps in the Office of the Recorder of Said County. Assessor Parcel No. 399-051-11 -s- 25F-18 MILLS ACT AGREEMENT 1904 North Flower Street 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- 25F-19 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io - 25F-20 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 Exhibit C (photographs attached) -~~- 25F-21 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 -12- 25F-22 MILLS ACT AGREEMENT 1904 North Flower Street Santa Ana, CA 92706 -13- 25F-23 Q Z O O J I-- 0 I- W W OC H W J LL H Z 0 w w O J W w ~ o O ~ ~ Q ^ ^ O LLl ' > O ^ I 0 I O ~ ^ o ~ .~ O • I • I I , a. • ~_ 0 Z 25F-~~ REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-12 FOR THE PROPERTY LOCATED AT 2450 NORTH RIVERSIDE DRIVE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Adrienne M. Salyer for the structure located at 2450 North Riverside Drive. 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 Adrienne M. Salyer for the structure located at 2450 North Riverside Drive at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 25G-1 HPP Agreement No. 2007-12 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $116.54 to $582.71 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~~ ~1 Jay M. Trevino Executive Director Planning & Building Agency ~~~~0~1~ \l~~~ Francisco Gutierrez Executive Director Finance & Management Services Agency~- HS:rb hs\historic info\mills act agreements\2450_N_Riverside\hppa07-12.cc 25G-2 REQUEST FOR Historic Resources Commission Action NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-12 FOR THE PROPERTY LOCATED AT 2450 NORTH RIVERSIDE DRIVE Prepared by Hally Soboleske Hsror~c r~ESOU~cES connnn~or~ sECx~rat~r APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO ~;~ ti~ ~ Executive Director Planning Man er 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 Adrienne M. Salyer, property owner, for the structure located at 2450 North Riverside Drive. DISCUSSION Request of Applicant The applicant, Adrienne M. Salyer, Property Preservation Agreement No. property owner and the City of Santa requests the approval of Historic 2007-12 (Mills Act) between the Ana. Property Description The subject property includes a one and a half-story Colonial Revival residence and a detached garage located at 2450 North Riverside Drive, within the Floral Park neighborhood. Surrounding land uses are residential (Exhibit 1) . Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. 2~~g~ a HPPA No. 2007-12 November 1, 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 Key in September 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. ~ ~~~ Hally So leske Associat Planner HS j m hs\historic info\mills act agreements\2450 N_Riverside\hppa07-12.hrc ~; C/~ ! ~ '/ SergiofKl tz ' A CP Senior! Pl n~r 25G-4 a. ~~ ~~~~~~~- •rrr~.. ~a®~ 500' RADIUS H P PA-2007-12 2450 North Riverside Drive PLANNING AND BUILDING AGENCY ~B-IT~ EXECUTIVE SUMMARY MATTHEWS HOUSE 2450 N. Riverside Drive Santa Ana, CA 92706 NAME Matthews House REF. NO. ADDRESS 2450 N. Riverside Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT ~ 1945 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Matthews House has been listed in the California Register of Historical Resources. The Matthews House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Colonial Revival style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as an example of the late Colonial Revival style in the Floral Park neighborhood (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. EXHIBIT ~~'Vfs~ State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Primary #. HRI # Trinomial NRHP Status Code Review Code Reviewer Page 1 of 4 Resource nametsl or number (assigned by recorded Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2450 North Riverside Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-064-08 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one and one-half story residence displays the balanced composition typical of the Colonial Revival style. Clad in horizontal wood siding, the residence is dominated by a prominent medium-pitched, side-gabled roof with two dormers, also clad in horizontal wood siding. The dormers contain six-over-six double-hung sash windows and are topped with pediments with partial cornice returns. Fenestration on the facade consists of identical pairs ofsix-over-six double-hung sash windows to either side of the central entry. Each window is framed by decorative shutters and detailed with a projecting wood lintel and sill. A molded belt frieze wraps the facade above the windows. Approached via a brick pathway and two low steps, the recessed entry, set between paneled reveals, contains asix-panel wood door flanked by sidelights and is framed by fluted pilaster whose capitals are marked by roundels. A flattened diamond ornament above the door adds further decorative emphasis to the primary entrance. Windows on the side elevations repeat the design and configuration used on the facade, with six-over-six double-hung sash windows. A brick chimney is attached to the north elevation while a bay window projects from the south elevation. Alterations include the addition of leaded glass to the sidelights flanking the entryway, construction of a Porte cochere in a complementary style on the south elevation., and additions to the upper story that are not visible from the street. Aone-story, side-gabled garage southwest of the house has had its garage door replaced. The residence is otherwise highly intact, in excellent repair, and further enhanced by mature trees and landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) North elevation July 2007 *P6. Date Constructed/Age and Sources: ^historic 1945/City of Santa Ana Building Permits *P7. Owner and Address: Adrienne Salyer 2450 N. Riverside Dr. Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: July 27, 2006 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) 2 ~~ ~~ *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 *Resource Name or #: Matthews House B1. Historic Name: Matthews House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1945 November 1, 1945. Residence and garage constructed for $10,000. September 1, 1955. Unspecified repairs, $350. December 20, 1955. Unspecified repairs, $95. October 5, 1988. Reroof residence and garage. September 8, 1992. Addition of closet and bath on 2"d floor (149 square-foot addition), $10,800. November 18, 1992. Addition of 30.5 square feet on second floor, expanding closet and bath, $2,300. *B7. Moved? ^No DYes DUnknown *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Allison Honer Company *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Matthews House is architecturally significant as an intact and representative example of the late Colonial Revival style and historically notable as one of the earlier homes built in the area following the cessation of the World War 11. According to the original building permit, dated November 1, 1945, the residence and garage were constructed for Richard 1. and Jessie E. Matthews by the Allison Honer Company at a cost of $10,000. After Jessie Matthews's death in 1950, Richard Matthews remained in the home for another flue years, then sold the property to Mrs. Gladys V. Tyler in 1955. Gladys Tyler and her husband John owned and occupied the residence until 1962, when they sold it to Donald H. and Joan R. Franklin. The Franklins retained the home for seven years. In 1969, the residence was sold to Joseph A. and Sara D. Melville, who retained the house until the 1980s. Ownership of the house remained in the Melville-Graham family until 1990. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann (This space reserved for official comments.) *Date of Evaluation: July 27, 2006 Date: Original Location: Sketch Map ~~~~~ ~ a `4~ e ~ ~. .+\~ ry of ; 002-064-08 ~ ~` ~ ~ 2450 N. Riverside Dr. ti . ~ ~? m O°, v~ 0 O _ ~ l ~ ~ c w ~ Aa R _ 5..3'_ dt ,3 _ 1 L O o ~ ~~ DPR 5236 (1/95) Q *Required information 2~~-f~ State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Matthews House *Recorded by Leslie J. Neumann and Deborah Howell-Ardila *Date July 27, 2007 ~ Continuation ^ Update "B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing fo 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 Matthews House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange Countv Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An earyy Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Matthews House lies in the northern section of Floral Park historically known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "~ Under the regulations implementing the California Register of Historical Resources, the Matthews House, which is a contributor to the National Register district, has been listed in the California Register. The Matthews House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for ifs exemplification of the distinguishing characteristics of the Colonial Revival style. Typical features of this style illustrated by the house include ifs balanced composition and symmetry; gabled roof and dormers; architectural palette of horizontal wood cladding, wooden shutters, and brick; classical trim; and fenestration with six-over-six double-hung sash windows. Additionally, the house has been categorized as `Key" because it `has a distinctive architectural style and quality" as an example of the late Colonial Revival style in the Floral Park neighborhood. Character-defining exterior features of the Matthews House that should be preserved include, but may not be limited to, materials and finishes (wood and brick); roof configuration and detailing; original windows and doors where extant; attached chimney,' primary entry; and architectural details such as the entry surround and reveals, dormer pediments, and decorative shutters. ~ Determination of Eligibility, February 25, 1980. DPR 523E ~f State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Matthews House 'Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date July 27, 2007 ~ Continuation ^ Update *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `7nstrucfions for Recording Historical Resources."Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies,"Orange Countv Register. September 15, 1981. `History of Floral Park." http.//www.flora!-park.com/page2.html. "Services Set for Matthews, OC Insuranceman,"Santa Ana Register. October 11, 1976. "Services Set for Mrs. Matthews,"Santa Ana Register. March 25, 1981. Santa Ana and Orange County Directories, 1932-1954. Cynthia Ward, Anaheim. `Rogers-Matthews House Primary Record and Building, Structure and Object Record,"May-June 2006. Chain of Title, 2450 North Riverside. Available at the Planning Division, Santa Ana Cify Hall, Santa Ana, CA. DPR 523E Z~~f 5~ O MILLS ACT AGREEMENT 2450 North Riverside Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 Adrienne M. Salyer, (hereinafter referred to as "Owner"), owner of real property located at 2450 North Riverside Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2450 North Riverside Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- E~~ ~ 1 I MILLS ACT AGREEMENT 2450 North Riverside Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25G-12 MILLS ACT AGREEMENT 2450 North Riverside Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25G-13 MILLS ACT AGREEMENT 2450 North Riverside Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25G-14 MILLS ACT AGREEMENT 2450 North Riverside Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2450 North Riverside Drive, Assessor Parcel Number, 002-064-08, 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: Adrienne M. Salyer 2450 North Riverside Drive Santa Ana, CA 92706 -5- 25G-15 MILLS ACT AGREEMENT 2450 North Riverside Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25G-16 MILLS ACT AGREEMENT 2450 North Riverside Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council Property Owner: Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney Adrienne M. Salyer -7- 25G-17 CITY OF SANTA ANA DAVID N. REAM City Manager By: MILLS ACT AGREEMENT 2450 North Riverside Drive Santa Ana, CA 92706 Exhibit A Lot 15 of Tract 754 in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 22, page 37 of Miscellaneous Maps in the Office of the County Recorder of said County. Assessor Parcel No. 002-064-08 -s- 25G-18 MILLS ACT AGREEMENT 2450 North Riverside Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25G-19 MILLS ACT AGREEMENT 2450 North Riverside Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io- 25G-20 MILLS ACT AGREEMENT 2450 North Riverside Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -~~- 25G-21 MILLS ACT AGREEMENT 2450 North Riverside Drive Santa Ana, CA 92706 ~'~ Y ~~i -12- 25G-22 Q Z O Q O J 0 H a W DC W W I-- Z 0 N w 0 w 0 w ti rn N r I • Q ~ O 0 I ,~ ~ o ~ • I O O 1 I . _ ... _ . - . _ ... - . _ . _I 0 Z 25~-23 25G-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-14 FOR THE PROPERTY LOCATED AT 2371 NORTH RIVERSIDE DRIVE ~- ~ ~.- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Ramin and Jennifer Faiz as Trustees for the structure located at 2371 North Riverside Drive. 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 Ramin and Jennifer Faiz as Trustees for the structure located at 2371 North Riverside Drive at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 25H-1 HPP Agreement No. 2007-14 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $157.59 to $787.95 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: J Trevino Executive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency ~-- HS:rb hs\historic info\milla act agreements\2371_N_Riverside\hppa07-14.cc 25H-2 REQUEST FOR Historic Resources Commission Action Hsrowc ~ESOURC~sconAU~.ssioNn~rwc aa-~: NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-14 FOR THE PROPERTY LOCATED AT 2371 NORTH RIVERSIDE DRIVE APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske `; 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 Ramin and Jennifer Faiz as Trustees for the structure located at 2371 North Riverside Drive. DISCUSSION Request of Applicant The applicants, Ramin and Jennifer Faiz, request the approval of Historic Property Preservation Agreement No. 2007-14 (Mills Act) between the applicants and the City of Santa Ana. Property Description The subject property includes a one and half-story residence and a detached two-car garage located at 2371 North Riverside Drive, and is within the Floral Park neighborhood. Surrounding land uses are residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. ~~F1-3 HPPA No. 2007-14 November 1, 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 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Tudor Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. E ~~r ~ Hally S oleske Associate Planner HS:jm hs\historic info\mills act agreements\2371 N_Riverside\hppa07-14.hrc ,. ~- .~ Sergio otz, AICP Senior anner 25H-4 14,. ~~ ~~ i' S -._ ~_. ~ _ +,1 t a m 500' RADIUS HPPA-2007-14 2371 North Riverside Drive PLANNING AND BUILDING AGENCY T+~~j~IT~I l L77ffll 77 EXECUTIVE SUMMARY WATTERS HOUSE 2371 West Riverside Drive Santa Ana, CA 92706 NAME Wafters House REF. NO. ADDRESS 2371 West Riverside Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late nineteenth century, the Tudor Revival was associated with some Craftsman era construction but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Wafters House has been listed in the California Register of Historical Resources. The Wafters House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and, as an intact and characteristic example of aTudor-Revival 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 characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. t~-~' State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary #. HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 4 Resource nametsl or number (assioned n~ rP~~r~Pr~ Watiarc Hn~cen P7. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA2555 Date: *c. Address 2371 West Riverside Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-131-03 *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 modest elements of the Tudor Revival style. Clad in stucco, the house is capped by afront- and side-gabled roof of medium pitch. Accented by decorative half-timbering and an arched vent in gable end, the front gable occupies the east half of the fagade and is distinguished by a longer east rake that screens the east elevation. It is balanced on the west end of the fagade by ached-roofed bump-out. The facade contains a pair of shutter-framed tripartite windows, each topped with a canvas awning. A small opening with an iron grille pierces the east end of the fagade. Entrance to the residence is on the south elevation, accessed via a recessed entryway that is also topped with a canvas awning. A brick chimney, covered in ivy, is also featured on the south elevation. Alterations to the residence are minor and include the additions of the canvas awnings, aluminum-framed window screens, a wrought iron driveway gate, and a composition shingle roof. In good condition and neatly landscaped, the property also contains a noncontributive, stucco-clad garage in northeast comer. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other PSb. Photo: (view and date) South elevation March 2007 *P6. Date Constructed/Age and Sources: ^historic 1930/City of Santa Ana Building Permits *P7. Owner and Address: Ramin Faiz 2371 West Riverside Drive Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and S. Carmack Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: March 9, 2007 *P11. Report Citation: (Cite survey report and other sources, or enter "none") *P10. Survey Type: Intensive Survey Update *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1195) ~ ~+ , _~5 *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING., STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 2D2 *Resource Name or #: Wafters House B1. Historic Name: Wafters House B2. Common Name: Same 63. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Tudor-Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1930 June 25, 1930. Residence and garage. April 3,1933. Rebuild fireplace chimney. *B7. Moved? ^No DYes DUnknown Date: Original Location: *68. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Wafters House is architecturally significant as an intact and representative example of the Tudor Revival style. According to the original building permit, dated June 25, 1930, the residence and garage were constructed at a cost of $5,000. The residence was constructed for Mr. Chalton Watfers, an employee of Peerless Cleaners, and his wife, Irene. Subesquenf city directories list Mr. Wafters' occupation as manager of the Crescent Cleaners and the Crystal Cleaners. The Wafters remained in the house until 1937, when Harvey M. Spears, and his wife Ruth, became the occupants. City directories listed Mr. Spears's occupation as dentist, with a `practice limited to orthodontia." By 1947, the residence was occupied by Elba W. Elmore and his wife, Mary. Mr. Elmore's occupation was listed as advertising manager of Burns Cuboid Company, a firm that developed Cuboid foot balancers. In 1954, Mary Elmore was residing in the home with Joan Emlore, whose occupation was listed as student. By 1956, the residence was (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: March 9, 2007 (This space reserved for official comments.) Sketch Map 002-131-03 2371 West Riverside Drive MM V yM V ~O ~ Y I N ~~ i ~ m l O I O 3 O P ~ i ~ ~ O .- o ~ I ~ I ~ ~ ~ ' I O a n +r ~ RNERSGIE O ' x HM•M4 '~ R O U t Q ~Q e ~ o '- ~ • ~( O~Y O yy U + G ~ 5 •1 O Q !~ ~ Q d ~ ti • /\ DPR 5236 (1195) ~~~~ .~ *Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Pane 3 of 4 Resource Name or # (Assioned by recorder) Wafters House "Recorded by Leslie Heumann and Shannon Carmack "Date March 9, 2007 O Continuation ^ Update *B10. Significance (continued): occupied by Edward Z. Derdzinski, an economist and his wife, Hedy. Former resident, Mary Elmore, presumably a widow or divorcee, moved to 1812 Poinsetta and was working as a clerk for the Santa Ana Register. 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 yields and orchards dotted with widely scattered farmhouses. The Wafters House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange Counfv Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War ll 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 identify as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Wafters House lies in the northern section of Floral Park historically known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that: `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine fo create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "' Under the regulations implementing the California Register of Historical Resources, the Wafters House, which is a contributor to the National Register district, has been listed in the California Register. The Waters House also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Typical features of this style illustrated by the house include its combination of stucco cladding and decorative half-timbering; its gabled massing, and its emphasis on vertical features such as the gables and the prominent chimney. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of the Floral Park neighborhood and, as an intact and characteristic example of a Tudor-Revival style home, `5s a good example of period architecture. "Character-dehning exterior features of the Wafters House that should be preserved include, but may not be limited to, materials and finishes (stucco); roof configuration and detailing; massing; original windows and doors and their surrounds where extant; chimney; and architectural details such as the roof vents and wrought iron grille. ' Determination of Eligibility, February 25, 1980. DPR 523E ~ ~~~~ State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Page 4 of 4 Resource *Recorded by Leslie Heumann and Shannon Carmack *612. References (continued): Primary # HRI # Trinomial or ~ (Assigned by recorder) Wafters House *Date March 9, 2007 ~ Continuation ^ Update Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form. "Washington DC: National Register Branch, National Park Service, US Dept. of the Inferior, 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 County Register September 15, 1981. `History of Floral Park." http://www.floral-park.com/page2.html. Santa Ana and Orange County Directories, 1932-1954. DPR 523E Pa~ ~~ _ ~ O MILLS ACT AGREEMENT 2371 North Riverside Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 Ramin and Jennifer Faiz, (hereinafter referred to as "Owner"), owner of real property located at 2371 North Riverside Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2371 North Riverside Drive, Santa Ana, California, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 3~i~-1- EL7rlT ~ 1 MILLS ACT AGREEMENT 2371 North Riverside Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25H-12 MILLS ACT AGREEMENT 2371 North Riverside Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25H-13 MILLS ACT AGREEMENT 2371 North Riverside Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25H-14 MILLS ACT AGREEMENT 2371 North Riverside Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2371 North Riverside Drive, Assessor Parcel Number, 002-131-03, 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: Ramin and Jennifer Faiz 2371 North Riverside Drive Santa Ana, CA 92706 ~5H-15 MILLS ACT AGREEMENT 2371 North Riverside Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25H-16 MILLS ACT AGREEMENT 2371 North Riverside Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council Property Owner: Date: Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager By: Ramin Faiz By: Jennifer Faiz -7- 25H-17 MILLS ACT AGREEMENT 2371 North Riverside Drive Santa Ana, CA 92706 Exhibit A Lot 31 of Tract 425 in the City of Santa Ana, County of Orange, State of California in the office of the County Recorder of said County. Assessor Parcel No. 002-131-03 -s- 25H-18 MILLS ACT AGREEMENT 2371 North Riverside Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. S. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25H-19 MILLS ACT AGREEMENT 2371 North Riverside Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- 25H-20 MILLS ACT AGREEMENT 2371 North Riverside Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25H-21 MILLS ACT AGREEMENT 2371 North Riverside Drive Santa Ana, CA 92706 -12- 25H-22 MILLS ACT AGREEMENT 2371 North Riverside Drive Santa Ana, CA 92706 -13- 25H-23 a Q z O a 0 0 0 a W D W W I- Z ti M N i> 0 w 0 w N O N 0 0 O O I O ' I } • a 0 I •-•-•-•-•-~-•-~-._I 0 z 25k~~24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-15 FOR THE PROPERTY LOCATED AT 2309 NORTH FLOWER STREET 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 execute an agreement with Brian Stoddart and Anthony P. Michalaski for the structure located at 2309 North Flower 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 Brian Stoddart and Anthony P. Michalaski for the structure located at 2309 North Flower Street at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 251-1 HPP Agreement No. 2007-15 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $115.70 to $587.52 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay ~,,M . Trevino Execu ive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency~,- HS:rb hs\historic info\mills act agreements\2309 N_Flower\hppa07-15.cc 251-2 REQUEST FOR Historic Resources Commission Action rN I Vf W RG~/VRVG7 ~~ IILG I IIR7 Y111 G: NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-15 FOR THE PROPERTY LOCATED AT 2309 NORTH FLOWER STREET Prepared by Hally Soboleske '> -~~~ Executive Director RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and agreement with Brian Stoddart owners, for the structure locate DISCUSSION Request of Applicant APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO _ t~ Planning M ager direct the City Attorney to prepare and the Clerk of the Council to execute an and Anthony P. Michalaski, property 3 at 2309 North Flower Street. The applicants, Brian Stoddart and Anthony P. Michalaski, request the approval of Historic Property Preservation Agreement No. 2007-15 (Mills Act) between the property owners and the City of Santa Ana. Property Description The subject property includes a one-story residence and a detached two- car garage located at 2309 North Flower Street, and is within the Floral Park neighborhood. Surrounding land uses are residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 251-3 HPPA No. 2007-15 November 1, 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 March 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Spanish Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. al y S J oleske Associa e Planner HS j m hs\historic info\mills act agreements\2309 N_Flower\hppa07-15.hrc 251-4 ~~-~ ~ 2,~ ,~s '' ~ 14pr4 ~ ~ ~' x~o2 ?3.~ ~ ~ ~ qFq r i r ~ ~; ~ ~NTA CLA V z2te ^~ 2?i~ a 2.?ip ~r--~ ~ G ?208 a4 500' RADIUS HPPA-2007-15 2309 North Flower Street PLANNING AND BUILDING AGENCY l~I~I~T 1 EXECUTIVE SUMMARY CLYDE A. MARTIN HOUSE 2309 N. Flower Street Santa Ana, CA 92706 NAME Clyde A. Martin House REF. NO. ADDRESS 2309 N. Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1938 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red the roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The Martin House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of the late Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the late Spanish Colonial Revival style "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) SSl: Individual property that is listed or designated locally. EP~I~~~~ State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary #. HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 4 Resource name(s) or number (assigned by recorder) Clyde A. Martin House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1887 Date: *c. Address 2309 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-072-17 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one-story residence of rectangular plan showcases the late Spanish Colonial Revival style. Clad in smoothly textured stucco, the house is capped by a tiled, side-gabled roof that steps down over atwo-bay arcade on the north. Wood corbels accent the eave line. Several chimneys-some decorative, others functional--rise above the roofline. The facade of the house south of the arcade is symmetrical, with an attached, tapered chimney flanked by broadly proportioned, two-over-two, double-hung sash windows. The arcade incorporates a covered entry and a porte cochere that spans the driveway. The entry, afifteen-panel door, faces north. An open patio, defined by a low, stucco wall, fronts the south bay of the arcade. Notable details include colorful Catalina tiles which accent the stucco walls of the arcade and chimneys, a weathervane atop a faux chimney over the arcade, a stucco hood over the south fagade window, and wrought iron hardware. The house is substantially intact; the patio wall appears to be anon-original but compatible addition. Flagstone planters and piers on either side of the driveway may also be modifications. In good condition, the property also contains aone-story, flat-roofed and stucco-clad garage in the rear and a mature olive tree in the front lawn. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) Northwest elevation January 2007 *P6. Date Constructed/Age and Sources: ^historic 1938/City of Santa Ana Building Permits *P7. Owner and Address: John and Cynthia A. Dworzak 2309 N. Flower Street Santa Ana, CA 92703 *P8. Recorded by: L. Heumann and D.Howe11-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: January 25, 2007 *P11. Report Citation: (Cite survey report and other sources, or enter "none") *P10. Survey Type: Intensive Survey Update *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) *Required information Pa~ ~ip~ ~ 7 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 2D2 *Resource Name or #: Clyde A. Martin House B1. Historic Name: Clyde A. Martin House B2. Common Name: Same 63. Original Use: Single-family Residence 64. Present Use: Single-family Residence *B5. Architectural Style: Mission/Spanish Colonial Revival *66. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1938 June 28, 1938. Eight-room frame and stucco residence and garage. December 6, 1989. Remodel bathroom and install skylight. December 6, 1989. Demo non-bearing walls in garage. *B7. Moved? ^No DYes OUnknown *68. Related Features: Garage, mature olive tree. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Clyde A. Martin House is architecturally significant as an intact and representative example of the late Spanish Colonial Revival style. According to the original building permit, dated June 28, 1938, the eight-room frame and stucco residence and garage were constructed at a cost of $6,000. The owner listed on the permit was Clyde A. Martin. When the house first appears in the city directory in 1939, Martin, the projector at the Fox Broadway Theatre, and his wife Margaret were the residents. The Martins occupied the house until at least 1949, according to the City's building permit records.. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: Gist attributes and codes) *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: January 25, 2007 (This space reserved for official comments.) DPR 5236 (1/95) Date: Original Location: Sketch Ma ~ ~_ _ ~ O 2309 N. Flower Street 002-072-17 a O ~ _ ,,. to " y ~ -+ c \ y n O ~ - -.7~ r c 90 a ~ ~ O --- V ~ ` g ` • t~~++~VV ~ 170' t _ v 17 -- ~ SANTA 'Required information Pa~ tp~~8 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Clyde A. Martin House "Recortletl by Leslie J. Neumann and Deborah Howell-Ardila *Date January 25, 2007 f~ 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 Clyde A. Martin House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45, 000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and 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 eary post-World War ll 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 Clyde A. Martin House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the late Spanish Colonial Revival style. Typical features of this style illustrated by the house include the signature combination of a red clay roof and stucco walls, in this case accented by colorful tiles, incorporation of an arch motif into the design, and, characteristic of the late 1930s date, the horizontal emphasis of the division of lights in the windows. Additionally, the house has been categorized as "Contributive" because it °confributes to the overall character and history" of Santa Ana, and, as an example of the Spanish Colonial Revival style, `is a good example of period architecture..."Character-defining exterior features of the Clyde A. Martin House that should be preserved include, but may not be limited to, materials and finishes (stucco, the roof); roof configuration and detailing; original windows and doors where extant; chimneys; arcaded entry and Porte cochere; architectural details such as the the insets, weathervane, and window hood; mature tree, and garage. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies," Orange Couniv Register September 15, 1981. `History of Floral Park." hftp://www.floral-park.com/page2.html. Santa Ana and Orange County Directories, 1937-1947. DPR 523E ~~~4 MILLS ACT AGREEMENT 2309 North Flower Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 Brian Stoddart and Anthony P. Michalaski, (hereinafter referred to as "Owner"), owner of real property located at 2309 North Flower 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 2309 North Flower Street, Santa Ana, California, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- E~I MILLS ACT AGREEMENT 2309 North Flower 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 December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 251-11 MILLS ACT AGREEMENT 2309 North Flower 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 character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 251-12 MILLS ACT AGREEMENT 2309 North Flower 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 Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 251-13 MILLS ACT AGREEMENT 2309 North Flower 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 2309 North Flower Street, Assessor Parcel Number, 002-072-17, 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: Brian Stoddart and Anthony P. Michalaski 2309 North Flower Street Santa Ana, CA 92706 -5- 251-14 MILLS ACT AGREEMENT 2309 North Flower 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. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 251-15 MILLS ACT AGREEMENT 2309 North Flower 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 Owner: Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Brian Stoddart Date: By: Anthony P. Michalski APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 251-16 MILLS ACT AGREEMENT 2309 North Flower Street Santa Ana, CA 92706 Exhibit A Lot 4 of Potts, Borden and Sidwell Tract in the City of Santa Ana, County of Orange, State of California in the office of the County Recorder of said County. Assessor Parcel No. 002-072-17 -8- 251-17 MILLS ACT AGREEMENT 2309 North Flower Street 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- 251-18 MILLS ACT AGREEMENT 2309 North Flower Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io - 251-19 MILLS ACT AGREEMENT 2309 North Flower Street Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 251-20 MILLS ACT AGREEMENT 2309 North Flower Street Santa Ana, CA 92706 -12- 251-21 MILLS ACT AGREEMENT 2309 North Flower Street Santa Ana, CA 92706 -13- 251-22 Q Z O Q V O J H a H W W H W O J LL H 0 Z 0 M N w O 0 z I I I I 1 I -I 25113 251-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-16 FOR THE PROPERTY LOCATED AT 2412 NORTH HELIOTROPE DRIVE CITY MANAGER 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 RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Marjorie Panzer for the structure located at 2412 North Heliotrope Drive. 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 Marjorie Panzer for the structure located at 2412 North Heliotrope Drive at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 25J-1 HPP Agreement No. 2007-16 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $132.17 to $660.85 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency ~-' HS:rb hs\historic info\mills act agreements\2412_N_Heliotrope\hppa07-16.cc 25J-2 REQUEST FOR Historic Resources Commission Action Hlsrowc RESOURCIrs a~ M~~ a4~: NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-16 FOR THE PROPERTY LOCATED AT 2412 NORTH HELIOTROPE DRIVE HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske C ~~ ~, xecutive 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 Marjorie Panzer, property owner, for the structure located at 2412 North Heliotrope Drive. DISCUSSION Request of Applicants The applicant, Marjorie Panzer, requests the approval of Historic Property Preservation Agreement No. 2007-16 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a one-story Spanish Colonial Revival styled residence and a detached garage located at 2412 North Heliotrope Drive. The property is within the Floral Park neighborhood and the surrounding land uses are residential (Exhibit 1). 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 25J-3 HPPA No. 2007-16 November 1, 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 November 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Spanish Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. L . 1~n ~. Hal y S oleske Sergio Kl tz, A~CP Associate Planner Senior Pla n r HS jm ~~~ hs\historic info\mills act agreements\2412 N_Heliotrope\hppa07-16.hrc 25J-4 . PLANNING AND BUILDING AGENCY E~T EXECUTIVE SUMMARY HENINGER-ANDERSON HOUSE 2412 North Heliotrope Drive Santa Ana, CA 92706 NAME Heninger-Anderson House REF. NO. ADDRESS 2412 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red the roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Heninger-Anderson House has been listed in the California Register of Historical Resources. The Heninger- Anderson House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Mission/Spanish Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. EXHIBI~'T~ 2 Pa~~V ~6 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 4 Resource name(s) or number (assigned by recorder) P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 0054 Date: *c. Address 2412 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-063-14 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in a smooth stucco finish, this one-story residence displays the defining elements of the Spanish Colonial-revival style. Featuring an asymmetrical composition and roughly square plan, the residence is capped by across-gable, red-tile roof with a low pitch and shallow eaves. Two bays project from the facade, enclosing an open patio elevated on two steps. The larger of the two bays, on the facade's west side, features a prominent, arched tripartite window with a fixed four-over-five light, flanked bythree-over-five casements and a three light transom. Extending several feet into the patio, the bay projecting from the facade's east side is rectangular, with a set of two-over-two double-hung sashes. Overcooking the patio is a French window consisting of two-over-five, wood-framed windows, flanked by shorter three-over-five casements. Slightly recessed, corbelled arches enclose windows on the facade. The entry is recessed in the west corner of the patio. Fenestration on the side elevations consists of multipane casements with wood frames and sills. Projecting from the west elevation is an attached chimney, with a flared base and corbelled chimney cap. A stucco-clad garage, with a flat, red-tile roof and wood door, occupies the southwest corner of the property. Alterations include the nonoriginal metal screens and the extension of roof eaves in the southwest corner of the property to shelter an added open-air patio. In addition, the original 5-foot wall enclosing the front patio was demolished and reconstructed several feet forward from the original location. However, the alterations are compatible in terms of style and scale with the original design. !n excellent repair, the property retains a good level of integrity and is further enhanced by mature landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) Northeast elevation October 2007 *P6. Date Constructed/Age and Sources: ^historic 1925/City of Santa Ana Building Permits *P7. Owner and Address: Marjorie Panzer 2412 N. Heliotrope Dr. Santa Ana, CA 92706 *P8. Recorded by: L. Neumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: October 17, 2007 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) *Required information 25Jg-~fs 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 2D2 *Resource Name or #: Heninger-Anderson House B1. Historic Name: Heninger-Anderson House 62. Common Name: Same B3. Original Use: Single-family Residence 64. Present Use: Single-family Residence *B5. Architectural Style: Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1925 June 15, 1925. Residence and garage constructed for $4,500. December 10, 1934. Reroof, $57. February 13, 1976. Electric outlets installed. February 13, 1976. Remodel kitchen, $1,900. April 14, 1976. Three electric fixtures installed. May 11, 1976. Thirteen electric outlets and seven fixtures installed. November 8, 1990. Reroof (repair flat roof/rear area), $1,000. November 28, 2001. Construction of 499-square-foot addition to front and rear of residence; original s-foot-high front wall demolished and rebuilt forward. *B7. Moved? ^No Yes Unknown Date: Original Location:_ *B8. Related Features: Garage. 89a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Heninger-Anderson House is architecturally significant as an intact example of the Spanish Colonial Revival style. According to the original building permit, dated June 15, 1925, the original owner of the house was R. Heninger, who owned but did not occupy fhe home. The improvement first appears in city directories in 1928, at which point Edmund C.D. Pettitt, assistant secretary of the Los Angeles First National Bank, and his wife Louise owned and occupied the residence. The Petfitts remained in the house until 1930, when if was purchased by Emil R. Majors, secretary of the Benevolent and Protective Order of the Elks. Majors, his wife Mabel, and daughter Alice lived in the residence until the early 1930s. Ownership had shifted again by 1938, when Mildred M. Anderson bought the home and occupied it until at least the early 1960s. (See Continuation Sheet 3 of 4.) 611. Additional Resource Attributes: (List attributes and codes) *B12. References: Cify of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann (This space reserved for official comments.) Sketch Map ` l.J ~~ ~~ °° w 2412 N. Heliotrope Dr. O nn~_n~~_~a _~. ~: ~~ ~~ ~ 4 \i ~ ; ~ t n , '-~~ J --- wa~ - -----`~' Y O g ~` use `~ * a_''--~/s 84 G r ~~ ""i O / v/ N - ~ r~ *Date of Evaluation: October 17, 2007 DPR 5236 (1/95) ~ ~g~3 ~ *Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Heninger-Anderson House *Recorded by Leslie J. Neumann and Deborah Howell-Ardila *Date October 17, 2007 O 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 Heninger-Anderson House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War Il years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home fo many affluent and prominent citizens. The Heninger-Anderson House lies in the northern section of Floral Park known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that: `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "' Under the regulations implementing the California Register of Historical Resources, the Heninger-Anderson House, which is a contributor to the National Register district, is eligible for listing in the California Register. The Heninger-Anderson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial revival style. Typical features of this style illustrated by the house include its smooth stucco finish; asymmetrical composition; low-pitched, cross-gabled roof clad in red tiles; arched, tripartite window configuration and wood-framed, multipane casement windows; and attached, stucco-clad chimney with corbelled chimney cap. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an example of the Spanish Colonial revival style `is a good example of period architecture. " Character-defining exterior features of the Heninger-Anderson House that should be preserved include, but may not be limited to, materials and finishes (smooth stucco cladding); asymmetrical treatment of elements on the facade; roof configuration and detailing; original windows and doors where extant; chimney clad in stucco with corbelled cap; architectural details such as the arches and muntin patterns of the windows. *612. References (continued): Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Franklin, Don. `7VW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. (See Continuation Sheet 4 of 4.) ' Determination of Eligibility, February 25, 1980. DPR 523E ~ C P e~f 5 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Heninger-Anderson House 'Recorded by Leslie J. Heumann and Deborah Howell-Ardila ''Date October 17, 2007 ^D Continuation ^ Update "B12. References (continued): Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlesfer, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 199 i. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1930-1962. Ward, Cynthia, Anaheim. `Dixon House Primary Record and Building, Structure and Object Record,"July 2007. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. `History of Floral Park." http.//www.floral-park.com/page2.html. DPR 523E pag~~ `' ~ ~ O MILLS ACT AGREEMENT 2412 North Heliotrope Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 Marjorie A. Panzer, (hereinafter referred to as "Owner"), owner of real property located at 2412 North Heliotrope Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2412 North Heliotrope Drive, Santa Ana, California, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- E~T a ~ MILLS ACT AGREEMENT 2412 North Heliotrope Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter .1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25J-12 ~_ MILLS ACT AGREEMENT 2412 North Heliotrope Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25J-13 MILLS ACT AGREEMENT 2412 Nortk Heliotrope Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25J-14 MILLS ACT AGREEMENT 2412 North Heliotrope Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2412 North Heliotrope Drive, Assessor Parcel Number, 002-063-14, 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: Marjorie A. Panzer P.O. Box 937 Corona Del Mar, CA 92625 -s- 25J-15 MILLS ACT AGREEMENT 2412 North Heliotrope Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25J-16 MILLS ACT AGREEMENT 2412 North Heliotrope Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council Property Owner: Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Marjorie A. Panzer APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25J-17 MILLS ACT AGREEMENT 2412 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A Lot 149 of Tract 425, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 16, pages 33 and 34 of Miscellaneous Maps, in the office of the County Recorder of said County. Assessor Parcel No. 002-063-14 -s- 25J-18 MILLS ACT AGREEMENT 2412 North Heliotrope Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25J-19 MILLS ACT AGREEMENT 2412 North Heliotrope Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io - 25J-20 MILLS ACT AGREEMENT 2412 North Heliotrope Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25J-21 MILLS ACT AGREEMENT 2412 North Heliotrope Drive Santa Ana, CA 92706 -12- 25J-22 MILLS ACT AGREEMENT 2412 North Heliotrope Drive Santa Ana, CA 92706 0 Side Elevation (east) -13- 25J-23 -14- 25J-24 MILLS ACT AGREEMENT 2412 North Heliotrope Drive Santa Ana, CA 92706 a Q z O Q V O J 0 H Q. W O O J W I- OC O z N r '~ N W 0 W ~° 0 W 2 0 M O . 1 I I O ^ O I o M I w O > ^ ~ ' 0 -•-•-•-•-•-•-~-.-._L 0 Z 25,~~5 25J-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-17 FOR THE PROPERTY LOCATED AT 2127 NORTH ROSS STREET c CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2" d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with John Frederickson for the structure located at 2127 North Ross 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 John Frederickson for the structure located at 2127 North Ross Street at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 25K-1 HPP Agreement No. 2007-17 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $153.38 to $766.89 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay Trevino Executive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency HS:rb ha\historic info\mills act agreements\2127_N_ROSS\hppa07-17.cc 25K-2 REQUEST FOR Historic Resources Commission Acdon HlsTOwc RF..SOURCES cAnr>n~ssloly I~TNG cnTr=: NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-17 FOR THE PROPERTY LOCATED AT 2127 NORTH ROSS STREET Prepared by Hally Soboleske HISTORIC RESOURCES ©ONNIA~ION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO "~. Executive Director Planning anager RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with John Frederickson, property owner, for the structure located at 2127 North Ross Street. DISCUSSION Request of Applicants The applicant, John Frederickson, Property Preservation Agreement No. property owner and the City of Santa requests the approval of Historic 2007-17 (Mills Act) between the Ana. Property Description The subject property includes a one-story Spanish Colonial styled residence and a detached garage located at 2127 North Ross Street. The property is within the Floral Park neighborhood and the surrounding land uses are residential (Exhibit 1). 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 25K-3 HPPA No. 2007-17 November 1, 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 November 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Spanish Colonial 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. ~~~~ Ha ly S oleske Associate Planner HS:jm hs\historic info\mills act agreements\2127_N_Ross\hppa07-17.hrc 25K-4 SANTA CI -ARA AV 2221 222s e ~ M u32 2u4 22J8 2230 221 s 22l0 F eo (7 20*8 24~t ~0 2436 2037 20I0 ?028 2431 2030 2431 ~~ 2032 2426 2427 2426 2427 ,--• 500' RADIUS HPPA-2007-17 2127 North Ross Street PLANNING AND BUILDING AGENCY ~~~~1 EXECUTIVE SUMMARY JOHNSON-MORRIS HOUSE 2127 North Ross Street Santa Ana, CA 92706 NAME Johnson-Morris House REF. NO. ADDRESS 2127 North Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1930 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: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red the roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The Johnson-Morris House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Mission/Spanish Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 551: Individual property that is listed or designated locally. EXHIBIT 2 ~~~~6 State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Primary HRI #_ NRHP Status Review Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Johnson-Morris House Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 0054 Date: *c. Address 2127 North Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-111-25 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in a smooth stucco finish, this one-story residence displays the trademark features of the Spanish Colonial revival style. The building is roughly rectangular in plan and capped by a prominent low-pitched, cross-gable roof clad in red files, ending in shallow eaves. The fagade features an asymmetrical design, with a projecting square bay on the iagade's north half balancing a recessed open patio and covered porch on the south half. A prominent low-pitched front gable with uneven rakes encloses the projecting bay, which displays asingle-pane picture window recessed in a deep arch. Three circular clay vents pierce the gable apex; the exterior walls are otherwise free of ornament. Extending fo the north is an arched wing wall, sheltered beneath the gable's extended eave. Along the fagade's south half, a low stucco-clad wall with an arched wood gate encloses the open patio. Overlooking the patio and porch are a series offour-light, wood-framed casement windows, with thin wood surrounds set at wall level and slightly projecting sills. The porch projects from the intersection of the cross gables and shelters the primary entry, which is accessed via broad arched openings on the west and south sides. Fenestration on the side elevations repeats the style and configuration used on the fagade. The north elevation is punctuated by an attached, stucco-clad chimney. Alterations include a nonoriginal garage door. In good repair, the residence is otherwise highly intact and further enhanced by mature avocado and palm trees. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) Southwest elevation October 2007 *P6. Date Constructed/Age and Sources: ^historic 1930/City of Santa Ana Building Permits *P7. Owner and Address: John Frederickson 2127 North Ross Street Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: October 17, 2007 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) *Required information 2 {~~~0~4 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD rage ~ or J 'GHR Status Code 5S1 *Resource Name or #: Johnson-Morris House 61. Historic Name: Johnson-Morris House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1930 March 27, 1930. Residence and garage constructed for $3,500. April 1, 1930. Addition to original permit, $1,500. August 30, 1963. Repair front and roof of existing garage. February 18, 1992. Reroof, $1,655. September 21, 1993. Air conditioner and furnace installed. October 4, 1993. Electric service meter installed. *B7. Moved? ^No DYes Unknown Date: Original Location: *B8. Related Features: None. 69a. Architect: Unknown b. Builder: Unknown *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: 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 Johnson-Morris House is architecturally significant as an intact example of the Spanish Colonial Revival style. According fo the original building permit, dated March 27, 1930, the house was constructed for Mark Johnson, who owned but did not occupy the home. In 1931, the first year the improvement appears in city directories, the owners and occupants are listed as Merle F. Morris, owner of the flower shop Morris the Florist, and his wife Gwendolyn. By 1935, the Morrises had sold the property to J. Garvin Hunter, a professional golf player, and his wife Doris, who retained the house for several years. Ownership had shifted again by 1937, when William F. Menton and his wife Helena had purchased the property. A native of Iowa, Menton moved to California in 1907 and settled in Santa Ana. After working at the Santa Ana Resister for several years, Menton began studying law and was subsequently admitted to the State Bar of California in 1915. By 1917, he had been appointed deputy district attorney; by 1938, he held the position of district attorney. The Mentons remained in the house until 1940, when the home was purchased by John J. Whittle, an agent with Railway Express Agency, Inc., and his wife Dorothy. The Whittles remained in the home through the 1940s. In subsequent decades, the property changed hands multiple times, with three different owners listed during the 1950s: Eric Paftison, a physician at Birmingham Hospital in Long Beach, and his wife Bernice in the early 1950s; George W. Thompson, of the US Navy, and his wife Clara in the mid-1950s; and Frederick Schumacher, an office worker at Disneyland, and his wife Virginia in the late 1950s. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: (This space reserved for official comments.) Sketch Mai ~ `f a , 2127 N Ross St ~ ~ . . 002-111-25 J ; x ~ O O CU O - O CO - :,~ ~ .~ Q n H$ ~~ O a ga O V a y .O e ~~ a -1--- . r O a~ ,. ^ ~ • '~ I , 1 ~ *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: October 17, 2007 DPR 5238 (1/95) Pa~~p~[~Q "Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET rrinomiai Page 3 of 3 Resource Name or # (Assigned by recorder) Johnson-Morris House -Kecoraeci by Lesre J. Neumann and Deborah Howell-Ardila *Date October 17, 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 frelds and orchards dotted with widely scattered farmhouses. The Johnson-Morris House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Seaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped fo 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 Wesf 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 Il years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Johnson-Morris House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial revival style. Typical features of this style illustrated by the house include its smooth stucco finish; low-pitched, cross-gabled roof clad in red file; asymmetrical composition; arched wingwall; picture window recessed in deep arch; wood-framed, multipane casement windows set at wall level; open patio, fronted by low stucco-clad wall; and covered porch with broad arched openings. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Spanish Colonial revival style `9s a good example of period architecture." Character-defining exterior features of the Johnson-Morris House that should be preserved include, but may not be limited fo, materials and finishes (stucco cladding); asymmetrical Treatment of elements on the fagade; roof materials, configuration, and detailing; original windows and doors where extant; attached chimney clad in stucco; architectural details such as the circular clay vents in the gable apex. *612. References (continued): Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 1005. Franklin, Don. "IVW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Depf. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1930-1962. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies,"Orange County Register. September 15, 1981. `History of Floral Park." http.//www.floral-nark.com/nage2.html. DPR 523E 1'ag L v ~ \ ~ J MILLS ACT AGREEMENT 2127 North Ross Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 John Fredrickson, (hereinafter referred to as "Owner"), owner of real property located at 2127 North Ross 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 2127 North Ross Street, Santa Ana, California, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- EI~ MILLS ACT AGREEMENT 2127 North Ross 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 December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25K-11 MILLS ACT AGREEMENT 2127 North Ross 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 character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25K-12 MILLS ACT AGREEMENT 2127 North Ross 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 Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25K-13 MILLS ACT AGREEMENT 2127 North Ross 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 2127 North Ross Street, Assessor Parcel Number, 002-111-25, 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: John Fredrickson 2127 North Ross Street Santa Ana, CA 92706 -5- 25K-14 MILLS ACT AGREEMENT 2127 North Ross 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. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25K-15 MILLS ACT AGREEMENT 2127 North Ross 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 Owner: Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: John Fredrickson APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25K-16 MILLS ACT AGREEMENT 2127 North Ross Street Santa Ana, CA 92706 Exhibit A Lot 3 of Tract 947 in the City of Santa Ana, County of Orange, State of California, as per Map recorded in Book 30, page 4 inclusive of Miscellaneous Maps, in the office of the County Recorder of said County. Assessor Parcel No. 002-111-25 -g- 25K-17 MILLS ACT AGREEMENT 2127 North Ross Street 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- 25K-18 MILLS ACT AGREEMENT 2127 North Ross Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io- 25K-19 MILLS ACT AGREEMENT 2127 North Ross Street Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25K-20 MILLS ACT AGREEMENT 2127 North Ross Street Santa Ana, CA 92706 v' s.. ~: -... _ -lam. ..... - ,.--y~. ~ , 0 Side elevation (north) .~ ~: -12- 25K-21 ~> MILLS ACT AGREEMENT 2127 North Ross Street Santa Ana, CA 92706 -13- 25K-22 Q Z O Q O J H a W W OC 0 0 z ti N N w w N Z~ M d' i~ O • I I O O 1 a 0 `~ M I Q o 0 0 z 25~=23 25K-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-18 FOR THE PROPERTY LOCATED AT 1824 NORTH ROSS STREET ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Ron Striewig and Rachel Hulan for the structure located at 1824 North Ross 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 Ron Striewig and Rachel Hulan for the structure located at 1824 North Ross Street at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 25L-1 HPP Agreement No. 2007-18 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $157.05 to $785.27 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: J Trevino Executive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency/:.., HS:rb hs\historic info\mills act agreements\1824_N_ROSa\hppa07-18.cc 25L-2 REQUEST FOR Historic Resources Commission Action Hisro~c I~sour~s ~ lu~rr~ ~-T~: NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-18 FOR THE PROPERTY LOCATED AT 1824 NORTH ROSS STREET Hisrol~c IRESOUIR(;ES CON~IAISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske ~` ,: '~ Executive Director Planning anager RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Ron Striewig and Rachel Hulan, property owners, for the structure located at 1824 North Ross Street. DISCUSSION Request of Applicants The applicants, Ron Striewig and Rachel Hulan, request the approval of Historic Property Preservation Agreement No. 2007-18 (Mills Act) between the property owners and the City of Santa Ana. Property Description The subject property includes a single-story Spanish Colonial styled residence and a detached garage located at 1824 North Ross Street. The property is within the Floral Park neighborhood and the surrounding land uses are residential (Exhibit 1). 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 25L-3 HPPA No. 2007-18 November 1, 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 November 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Spanish Colonial 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 recommended action is exempt from further review. A Notice of will be filed for this project. i , ~~ ~~ Hally S oleske Associate Planner HS j m hs\historic info\mills act agreements\1824_N_ROSS\hppa07-18.hrc Act, the Exemption 25L-4 HPPA-2007-18 1824 North Ross Street PLANNING AND BUILDING AGENCY ~#IIB~T 1 EXECUTIVE SUMMARY W.H. DIXON HOUSE 1824 North Ross Street Santa Ana, CA 92706 NAME W.H. Dixon House REF. NO. ADDRESS 1824 North Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red the roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The W.H. Dixon House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Mission/Spanish Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) SSl: Individual property that is listed or designated locally. EX~ c f~ State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 3 Resource name(s) or number (assigned by recorderl W.H. Dixon House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 0054 Date: *c. Address 1824 North Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-104-01 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in a smooth stucco finish, this one-story residence displays the trademark features of the Spanish Colonial-revival style. Featuring an asymmetrical composition and rectangular plan, the residence is capped by a cross-gable and flat roof, clad in red tiles and terminating in shallow open eaves with thin bargeboards. Extending west, the roof is flat, trimmed with a stepped parapet wall accented at the fop with a molded cornice. A covered patio with broad arched openings shelters the wood entry, which displays six lights. The entrance is elevated on three steps and accessed via a curved walkway. A low, curving retaining wall, which encloses a fountain, fronts the fagade's north half. The tripartite window design on both bays of the fagade consists of a fixed pane window flanked by rectangular double-hung sashes, with two horizontal and two vertical munfins. An arched transom divided into four lights caps the window. The muntin pattern is repeated in the wood-framed, double-hung sash windows lining the north elevation. Centered in the north elevation gable is an attached, stucco-clad chimney with a flared base accented with three recessed arches. The chimney is topped with a band of vertically laid brick. The north elevation is also punctuated by a tower and pentagonal bay. The tower features a hipped, red-tile roof and broad arched openings, which lead to a secondary entrance elevated on three steps. The tower's second story is accented by three small recessed niches with decorative sills and detailing beneath. The projecting pentagonal bay marks the northwestern side of the property. Each of ifs five bays are filled with one-over-one double-hung sash windows and a glass entry, all of which display the muntin pattern used on the fagade and north elevation windows. Alterations include the addition of a retaining wall and fountain in the property's northwestern corner, the alterations are compatible with the original style and scale of the house. In excellent repair, the residence is otherwise highly intact. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) Northeast elevation October 2007 *P8. Date Constructed/Age and Sources: ^historic 1925/Cify of Santa Ana Building Permits *P7. Owner and Address: Ron Striewig and Rachel Hulan 1824 N. Ross St. Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: October 8, 2007 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) ~~~~ *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 °rcesource name or ~: w.rl. urxon /--ouse 61. Historic Name: W.H. Dixon House 62. Common Name: Same B3. Original Use: Single-family Residence 64. Present Use: Single-family Residence *B5. Architectural Style: Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1925 March 25, 1925. Residence and garage constructed for $8, 500. September 19, 1951. Reroof, $238. *B7. Moved? ^No Yes Unknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The W.H. Dixon House is architecturally significant as an intact example of the Spanish Colonial Revival style. According to the original building permit, dated March 1924, the original owner of the house was Helen E. Wells, who owned but did not occupy the home. The improvement appears in city directories as of 1925, but no occupants are listed until 1928, when Frank J. Sidener and wife Susie purchased the home. Ownership changed hands several times over the course of the 1930s, going from Norman M. Blaney, executive secretary of the County Farm Bureau,to Frank E. Ulrey and wife Lou Ella in 1931. By 1932, Meyer Peale, a salesman with Sam Hurwitz Mens Furnishings & Clothing, and wife Freda owned and occupied the home. As of 1935, the home was owned by Benjamin Bellomy and wife Elsie. Two years later, C. Douglas Ferry, a gas company representative, and wife Pauline bought the home, where they remained until the early 1940s. The residence had shifted ownership again by 1947, when Richard Robbins, an insurance agent, and wife Janet purchased the home. City directories indicate that, by 1954, Robbins had become vice president of Robbins-Bristol, Inc. The Robbins remained in the house until the early 1960s. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) 613. Remarks: *614. Evaluator: Leslie J. Heumann *Date of Evaluation: October 8, 2007 (This space reserved for official comments.) Sketch Map ® ~ g ~ 1824 N. Ross St. _ ft~ 002-104-01 0 ~ ~ ~ a ~~wnr ~ ~ ,~ i i 0 ~ ~;Ot ~ ~ , wQ~ ~ u ~ ti --- O ~ -- n z o DPR 5238 (1/95) *Required information 2 ~8g~f 4 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) W.H. Dixon House 'Recoraeci by Leslie J. Neumann and Deborah Howell-Ardila *Date October 8, 2007 O Continuation ^ Update *B70. 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 frelds and orchards dotted with widely scattered farmhouses. The W.H. Dixon House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War ll years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The W.H. Dixon House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Typical features of this style illustrated by the house include its smooth stucco cladding; low-pitched, cross-gable and flat roof clad in red tiles, with stepped parapet wall; tripartite window configuration and distinctive muntin pattern; asymmetrical composition; attached chimney with flared base. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an example of the Spanish Colonial Revival style `is a good example of period architecture." Character-defining exterior features of the W.H. Dixon House that should be preserved include, but may not be limited to, materials and finishes (stucco cladding and red tiles); asymmetrical treatment of elements on the fagade; roof configuration and detailing; original windows and doors where extant; chimney clad in stucco; architectural details such as the muntin patterns, tower, pentagonal bay, and arched openings and niches. *B12. References (continued): Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Chain of Title, 2128 N. Greenleaf Street. Available at the Planning Division, Santa Ana City Hall, Santa Ana, CA. Franklin, Don. "IVW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Dixon, Louis, Irvine. Letter to Thomas Smalley, 29 January 2001. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide fo American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Inferior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1930-1962. Ward, Cynthia, Anaheim. `Dixon House Primary Record and Building, Structure and Object Record,"July 2007. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. `History of Floral Park." http.//www.floral-park.com/page2.html. DPR 523E Page ~~{ L ~9 MILLS ACT AGREEMENT 1824 North Ross Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 Ron M. Striewig and Rachel Anne Hulan, (hereinafter referred to as "Owner"), owner of real property located at 1824 North Ross 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 1824 North Ross Street, Santa Ana, California, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- E~~~''~0 MILLS ACT AGREEMENT 1824 North Ross 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 December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25L-11 MILLS ACT AGREEMENT 1824 North Ross 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 character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25L-12 MILLS ACT AGREEMENT 1824 North Ross 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 Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25L-13 MILLS ACT AGREEMENT 1824 North Ross 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 1824 North Ross Street, Assessor Parcel Number, 002-104-01, 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: Ron M. Striewig and Rachel Anne Hulan 1824 North Ross Street Santa Ana, CA 92706 -s- 25L-14 MILLS ACT AGREEMENT 1824 North Ross 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. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25L-15 MILLS ACT AGREEMENT 1824 North Ross 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 Owner: Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Ron M. Striewig Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney By: Rachel Anne Hulan -7- 25L-16 MILLS ACT AGREEMENT 1824 North Ross Street Santa Ana, CA 92706 Exhibit A The north 50 feet of Lots 5, 6, and 7 in Block B of Tract 256 as per map in Book 14, Page 23 Miscellaneous Maps, in the office of the County Recorder of said County. Assessor Parcel No. 002-104-O1 -s- 25L-17 MILLS ACT AGREEMENT 1824 North Ross Street 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- 25L-18 MILLS ACT AGREEMENT 1824 North Ross Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io- 25L-19 MILLS ACT AGREEMENT 1824 North Ross Street Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25L-20 MILLS ACT AGREEMENT 1824 North Ross Street Santa Ana, CA 92706 -12- 25L-21 -13- 25L-22 MILLS ACT AGREEMENT 1824 North Ross Street Santa Ana, CA 92706 a a z 0 a 0 J H 0 a W W I- Z N 00 r 0 M r w w °~ 0 0 i O I O I O ~ O ~ } M w 0 Z 25~.~23 25L-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-19 FOR THE PROPERTY LOCATED AT 1907 NORTH FLOWER STREET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Kenneth and Leah Schmidt for the structure located at 1907 North Flower 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 Kenneth and Leah Schmidt for the structure located at 1907 North Flower Street at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 25M-1 HPP Agreement No. 2007-19 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $90.80 to $454.02 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Ja Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency ~--- HS:rb hs\historic info\mills act agreements\1907_N_Flower\hppa07-19.cc 25M-2 REQUEST FOR Historic Resoun~es Commission Action NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-19 FOR THE PROPERTY LOCATED AT 1907 NORTH FLOWER STREET Prepared by Hally Soboleske HISTORIC RESOURCES GOAIAIAISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO ' ~~ ~ct.Q~t.L 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 Kenneth and Leah Schmidt, property owners, for the structure located at 1907 North Flower Street. DISCUSSION Request of Applicants The applicants, Kenneth and Leah Schmidt, request the approval of Historic Property Preservation Agreement No. 2007-19 (Mills Act) between the property owners and the City of Santa Ana. Property Description The subject property includes a two-story residence and a detached, garage located at 1907 North Flower Street (Exhibit 1). The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25M-3 HPPA No. 2007-19 November 1, 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 Key in October 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Hally So~bleske Associate Planner HS j m hs\historic info\mills act agreements\1907_N_Flower\hppa07-19.hrc 25M-4 700 .N77.T ?Oi3 2Q3? 2Q26 5 702 8 ID26 2Q2 ~ ti " Q' 2i?18 _ ~ : ; OC a ~~QQ i~C +~~+i iai J ~ W ww S 11 ~~ DC W1 Obi .' 2s;" tr~.~ Oi 19TH ST 1- H ti ;1 18Q2 ~1 ~. 17?0 ~ ~ IAOt F 1 STS h 1722 iTi 1711 t71 iTJJ w JTS$ 17~ i7~j 500' RADIUS HPPA-2007-19 1907 North Flower Street PLANNING AND BUILDING AGENCY ~T~ EXECUTIVE SUMMARY BOWER HOUSE 1907 North Flower Street Santa Ana, CA 92706 NAME Bower House REF. NO. ADDRESS 1907 North Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival Style The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red the roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The Bower House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as an example of the Mission/Spanish Colonial Revival style in the Floral Park neighborhood (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. E~~~ State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Paae 1 of 3 Reseurca Hama/s1 er num6ar lascinnad by rarnrrlar~ Rnwar Hnuca Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0054 *c. Address 1907 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-093-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) L-shaped in plan, this two-story, stucco-clad residence displays the hallmark features of the Spanish Colonial Revival style. The building is capped with Mission file roof of low pitch, with shallow eaves and carved brackets. Asymmetrical composition and massing characterize the facade, with aone-story side-gabled bay intersecting atwo-story bay with a hipped roof. Centered on the one-story bay is an attached, stucco-clad chimney, which flares at the base and is decorated with unglazed wall tiles. A molded cornice marks the fop of the chimney, which is flanked by a set of recessed one-over-three casement windows framed in wood, with slightly projecting sills. A horseshoe arch provides decorative detail fo the covered porch and entry, which are elevated on three the-clad steps and located on the south portion of the two-story bay. Projecting from the facade's north half, the two-story bay features wood-framed casement windows on the first story and French doors, enclosed in a decorative wrought-iron balconet, on the second story. The second story displays a wall projection trimmed with painted scallops, meant to simulate exposed beams. Fenestration on the side elevations echoes that of the facade and includes double-hung sashes and the use of wrought-iron balconets. The northeast corner of the second story displays a balcony sheltered beneath the extended eaves of the red-file roof. Simple post-and-lintel construction supports the balcony, which is framed by a carved wood balustrade. Exposed rafter tails highlight the horizontal line below the balcony. Wrapping around the south and east sides of the facade is a low, stucco-clad wall, enclosing a patio. Alterations include the addition of a wall fronting the property, decorative archway at the driveway entrance, and an aluminum patio cover and enclosure on the second story deck (the latter is not visible from the street). The residence is otherwise highly intact, in excellent repair, and enhanced by mature trees and landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) West elevation August 2007 *P6. Date Constructed/Age and Sources: ^historic 1930/City of Santa Ana Building Permits *P7. Owner and Address: Kenneth J. and Leah M. Schmidt 1907 N. Flower Street Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: August 27, 2007 *P10. Survey Type: Intensive Survey Update *I'11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) ~~//~~,, DPR 523A (1/95) 1`rf~~ *Required information Primary #. HRI # NRHP Status Code Reviewer 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 #: Bower House B1. Historic Name: Bower House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *65. Architectural Style: Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1930 July 21, 1930. Residence and garage constructed for $12,000. September 25, 1933. Rebuild chimney, $10. August 14, 1953. Electric work. November 24, 1958. Unspecified repairs. June 5, 1967. Plumbing repairs. August 6, 1968. Tile walls installed in bathroom, $1,200. August 6, 1968. Heater installed. August 6, 1968. Three plumbing fixtures installed. May 9, 1974. One fixture installed. February 25, 1981. Nine electric outlets and fixtures installed. July 8, 1983. Reroof. August 8, 1989. Aluminum patio cover and enclosure on existing second story deck. March 19, 1990. Electrical work in garage. November 29, 1990. Construct wall and decorative archway across driveway, $600. *67. Moved? ^No Yes ^Unknown Date: Original Location: *Bi3. Related Features: Garage. B9a. Architect: Unknown b. Builder: Unknown *B70. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Bower House is architecturally significant as an intact example of the Spanish Colonial Revival style. According to the original building permit, dated July 21, 1930, the residence and garage were constructed for John Bower and his wife Susan at a cost of $12,000. The Bowers owned and occupied the home through the 1930s. In the 1940s, ownership shifted at least twice. By 1940, the Bowers had sold the home to Asa Thompson, a salesman, and his wife Bertha. Florence B. Meredith, a rancher, owned the home by 1947. Remaining in the home for nearly a decade, Meredith then sold 2128 N. Greenleaf to Louis A. Arneson, a retiree, and his wife Winifred. Winified was the secretary of the Emma Samson Chapter of the United Daughters of the Confederacy. The Arneson's owned and occupied the house until the early 1960s. Ownership has since shifted on various occasions. (See Continuation Sheet 3 of 3.) 611. Additional Resource Attributes: (List attributes and codes) *612. References: City of Santa Ana Building Permits Sketch Map i ~- -=-o ---~ (See Continuation Sheet 3 of 3.) 613. Remarks: *614. Evaluator: Leslie J. Heumann (This space reserved for official comments.) *Date of Evaluation: August 27, 2007 " ---~ f ' a ~ ---0 .. ----Q- c "-" ° ----- ~- ~ ~ b 1907 N. Flower Street _ _ _ _ _ ~,~ 002-093-11 0 Y ----„„- - ~M _~ Y O a m ~ l . o. . DPR 5236 (1195) 2 '~~ ~ *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Bower House *Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date August 27, 2007 ~ Continuation ^ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Bower House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by Easf 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. Developerand builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45, 000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War ll years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Bower House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Typical features of this style illustrated by the house include its low-pitched, red the roof,' wood-framed casement windows with wrought-iron balconefs; shallow eaves with carved brackets; asymmetrical composition; smooth stucco walls with little applied ornament; patio enclosed by low wall; attached chimney; horseshoe arch of the entryway. Additionally, the house has been categorized as `Key" because it has a `distinctive architectural style and quality." Character-defining exterior features of the Bower House that should be preserved include, but may not be limited to, materials and finishes (stucco, wood, and wrought iron); asymmetrical treatment of elements on the fagade; roof confiiguration and detailing; original windows and doors where extant; chimney with flared base and wall tiles; architectural details such as the horseshoe arch and painted arches. *612. References (continued): Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Chain of Title, 2128 N. Greenleaf Street. Available at the Planning Division, Santa Ana City Hall, Santa Ana, CA. Franklin, Don. `7VW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encvclonedia. New York, WW Norton, 1998. Bower, Louis, Irvine. Letter to Thomas Smalley, 29 January 2001. Marsh, Diann. Santa Ana. An Illustrated Hisforv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Sanborn Maps Santa Ana and Orange County Directories, 1930-1962. Santa Ana History Room Collection, Santa Ana Public Library Ward, Cynthia, Anaheim. `Bower House Primary Record and Building, Structure and Object Record,"July 2007. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. `History of Floral Park." http://www.floral-park.com/page2.html. DPR 523E /~ ~~ ~~ MILLS ACT AGREEMENT 1907 North Flower Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 Kenneth and Leah Schmidt, (hereinafter referred to as "Owners"), owners of real property located at 1907 North Flower 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 1907 North Flower 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 cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- E~~ O MILLS ACT AGREEMENT 1907 North Flower 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 December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25M-11 MILLS ACT AGREEMENT 1907 North Flower 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 character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25M-12 MILLS ACT AGREEMENT 1907 North Flower 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 Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25M-13 MILLS ACT AGREEMENT 1907 North Flower 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 1907 North Flower Street, Assessor Parcel Number, 002-093-11, 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: Kenneth and Leah Schmidt 1907 North Flower Street Santa Ana, CA 92706 -s- 25M-14 MILLS ACT AGREEMENT 1907 North Flower 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. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25M-15 MILLS ACT AGREEMENT 1907 North Flower 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: Kenneth Schmidt Date: By: Leah Schmidt APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25M-16 MILLS ACT AGREEMENT 1907 North Flower Street Santa Ana, CA 92706 Exhibit A Lot 39 and 40, Tract No. 748 in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 30 page 9 of Misc Maps in the office of the county Recorder of said County. Assessor Parcel No. 002-093-11 -g- 25M-17 MILLS ACT AGREEMENT 1907 North Flower Street 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- 25M-18 MILLS ACT AGREEMENT 1907 North Flower Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io - 25M-19 MILLS ACT AGREEMENT 1907 North Flower Street Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25M-20 MILLS ACT AGREEMENT 1907 North Flower Street Santa Ana, CA 92706 -12- 25M-21 MILLS ACT AGREEMENT 1907 North Flower Street Santa Ana, CA 92706 -13- 25M-22 a a z 0 Q v O J 0 H a. H W W OC W J I-- Z ti 0 w ~~ ~ I W . 0 ~O o ^ .o I N • O I I . ~ ~_ Z 251~114~23 25M-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-20 FOR THE PROPERTY LOCATED AT 2144 NORTH GREENLEAF STREET CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2rd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare the Clerk of the Council to execute Turnley for the structure located at and authorize the City Manager and an agreement with Frederick Thomas 2144 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 Frederick Thomas Turnley for the structure located at 2144 North Greenleaf Street at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 25N-1 HPP Agreement No. 2007-20 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $91.12 to $455.59 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay Trevino Executive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency ~~- HS:rb hs\historic info\mills act agreements\2144 N_Greenleaf\hppa07-20.cc 25N-2 REQUEST FOR Historic Resouroes Commission Action NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-20 FOR THE PROPERTY LOCATED AT 2144 NORTH GREENLEAF STREET Prepared by Hally Soboleske HISTORIC RESOURCES OOMIAISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO cutive Director Planning anager RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Frederick Thomas Turnley, property owner, for the structure located at 2144 North Greenleaf Street. DISCUSSION Request of Applicants The applicant, Frederick Thomas Turnley, requests the approval of Historic Property Preservation Agreement No. 2007-20 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a one-story residence and a detached, garage located at 2144 North Greenleaf Street (Exhibit 1) The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25N-3 HPPA No. 2007-20 November 1, 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 November 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this English Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Hally So oleske ~ Sergi AICP Associat` Planner Senio n HS j m hs\historic info\mills act agreements\2144_N_Greenlear\hppa07-20.hrc 25N-4 H P PA-2007-20 2144 North Greenleaf Street PLANNING AND BUILDING AGENCY 1iWa~' EXECUTIVE SUMMARY ROGERS-MORRISON HOUSE 2144 North Greenleaf Street Santa Ana, CA 92706 NAME Rogers-Morrison House REF. NO. ADDRESS 2144 North Greenleaf Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1929 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the facade and are often multi-paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARY/CONCLUSION: The Rogers-Morrison House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the English Revival style in the Floral Park neighborhood "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) SSl: Individual property that is listed or designated locally. EXHIBIT 2 Pa~ l~f~ 1 ~ C State of California-The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 3 Resource name(s) or number (assigned by recorder) Rogers-Morrison House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0054 Date: *c. Address 2144 North Greenleaf Street City Santa Ana Zip 92706 "e. Other Locational Data: Assessor's Parcel Number 002-081-OS *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) T-shaped in plan, this one-story, stucco-clad residence displays the picturesque asymmetry typical of the English Revival style. The building is capped with asteeply-pitched, cross-gabled roof with slightly extended eaves and patterned wood shingles with rolled edges, meant to suggest thatching. Centered beneath a steeply pitched front gable is an arched tripartite window, with a fixed sash flanked by rectangular two-over-five lights, topped with afour-light transom. The window is framed by a band of slightly raised, painted brick, with a stylized arch and keystone detail. A tall and narrow vent with horizontal louvers pierces the gable apex. The fagade's smooth stucco finish is otherwise uninterrupted by ornament. Two additional gables of varying heights add to the effect of asymmetry on the fagade. A gable of medium height, with two-over-five casement windows centered beneath, tops the projecting bay on the fagade's south half. A lower gable frames the comer entryway, which projects at a diagonal from the intersection of the facade's cross gables. Elevated on two brick steps, the entryway consists of an arched wooden door accented with an arched leaded glass window, sheltered beneath a canvas awning. To the north of the entryway are slightly recessed, wood-framed casement windows, with two-over-five sashes and narrow wood surrounds. French doors with two-over-five lights, flanking a fixed two-over-five sash, mark the center bay. Similar wood-framed casement windows, as well as double-hung sashes, provide fenestration on the side elevations. The north elevation features an attached brick chimney. The south elevation displays a secondary entrance, elevated on one step and sheltered under a canvas awning. Alterations include the addition of a bay window on the south elevation and a nonoriginal garage door. In excellent repair, the residence is otherwise highly intact and further enhanced by mature trees and landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) East elevation August 2007 *P6. Date Constructed/Age and Sources: ^historic 1929/City of Santa Ana Building Permits *P7. Owner and Address: Frederick Thomas Turnley 2144 North Greenleaf Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: August 27, 2007 *P10. Survey Type: Intensive Survey Update *I'11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) 2 5 '~of 4 *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 *Resource Name or #: Rogers-Morrison House B1. Historic Name: Rogers-Morrison House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *65. Architectural Style: English Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1929 October 8, 1929. Residence and garage constructed for $4, 500. March 23, 1933. Rebuild chimney. March 5, 1946. Electric stove installed by Grimes Electric. May 1, 1948. Unspecified repairs, $125. March 16, 1961. Water heater and gas line installed by Swan Pools. March 16, 1961. Swimming pool installed by Swan Pools, $2,900. March 22,1961. Storage space added to garage, $300. April 4, 1961. Electrical outlets installed. April 27, 1983. Window and door installed in French doors. April 13, 1989. Reroof residence. *B7. Moved? ^No Yes DUnknown Date: Original Location: *68. Related Features: None. 69a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Rogers-Morrison House is architecturally significant as an intact example of the English Revival style. According to the original building permit, dated October 8, 1929, the residence and garage were constructed for Emmet C. Rogers of a cost of $4,500. Rogers, a building contractor who constructed multiple homes in Floral Park, and his wife Juna lived in the house for a short period then sold it in 1931 to Ernest L. Morrison, a rancher, and his wife Martha. From 1934 to 1939, the Morrison's rented the house to Walter Waldron, an employee of National Bank, and his wife Francis. By the early 1940s, after the death of Martha Morrison, the residence had been sold to Carl and Corrine Ruhlman. The Ruhlmans retained the house until 1946, when Clarence and Pauline Amling, the owners of Amling Roses, Inc., bought and occupied 2144 N. Greenleaf for just over a decade. In 1957, ownership of the house shifted twice, when Royce Crooks, an employee of Continental Oil, and his wife Lizzie, purchased the home and sold it a month later to Francis Hutain, a Santa Ana firefighter, and his wife Phyllis. The Hutains retained the property for Twelve years, until 1969 when then sold it to Franklin Philip Clemmons. Ownership of the residence has since shifted on multiple occasions. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: (This space reserved for official comments.) Sketch Map ~ - ---Q-- -- - - - -- - ~ ~ 2144 N. Greenleaf St. 0012-081-08 - - - - (~ O ~Q ~ ~- - _' ~ ~ r ~ - - -- ~ 0 , ~ *614. Evaluator: Leslie J. Heumann *Date of Evaluation: August 27, 2007 DPR 5238 (1195) ~ ~ 3Q *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Rogers-Morrison House "Recorded by Leslie J. Heumann and Deborah Howell-Ardila 'Date August 27, 2007 O Continuation ^ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Rogers-Morrison House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and 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 ll years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identify as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Rogers-Morrison House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Typical features of this style illustrated by the house include its asymmetrical composition; steeply pitched roof with patterned wood shingles; smooth stucco rrnish and sparse ornament; wood-framed casement windows; attached brick chimney; and its emphasis on vertical features such as the steeply pitched gables. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an intact example of the English Revival style in the Floral Park neighborhood, `5s a good example of period architecture." Character-defining exterior features of the Rogers-Morrison House that should be preserved include, but may not be limited to, materials and finishes (stucco and wood); roof configuration and detailing; original windows and doors where extant; attached chimney; architectural details such as the rolled wood shingles on the eaves. 612. References (continued): Armor, Samuel. History of Orange Countv. Los Angeles: History Record Company, 1921. Chain of Title, 2144 N. Greenleaf Street. Available at the Planning Division, Santa Ana City Hall, Santa Ana, CA. Franklin, Don. "IVW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room, Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How fo Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Oftice of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1932-1954. Ward, Cynthia, Anaheim. "Rogers-Morrison House Primary Record and Building, Structure and Object Record,"May 2007. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal September 21, 1981. `Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. `History of Floral Park." http://www.floral-park.com/page2.html. DPR 523E w~~w MILLS ACT AGREEMENT 2144 North Greenleaf Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 Frederick Thomas Turnley, (hereinafter referred to as "Owners"), owners of real property located at 2144 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 2144 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 cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- E~G~71V~ 1 MILLS ACT AGREEMENT 2144 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 December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25N-11 MILLS ACT AGREEMENT 2144 North 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 character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25N-12 MILLS ACT AGREEMENT 2144 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 Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25N-13 MILLS ACT AGREEMENT 2144 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 2144 North Greenleaf Street, Assessor Parcel Number, 002-081-08, 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: Frederick Thomas Turnley 2144 North Greenleaf Street Santa Ana, CA 92706 -5- 25N-14 MILLS ACT AGREEMENT 2144 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. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25N-15 MILLS ACT AGREEMENT 2144 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: Frederick Thomas Turnley APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25N-16 MILLS ACT AGREEMENT 2144 North Greenleaf Street Santa Ana, CA 92706 Exhibit A Lot 7, Tract No. 879 in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 26 page 33 of Misc Maps in the office of the county Recorder of said County. Assessor Parcel No. 002-081-08 -s- 25N-17 MILLS ACT AGREEMENT 2144 North Greenleaf Street 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: 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- 25N-18 MILLS ACT AGREEMENT 2144 North Greenleaf Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io - 25N-19 MILLS ACT AGREEMENT 2144 North Greenleaf Street Santa Ana, CA 92706 Exhibit C (photographs attached) -~1- 25N-20 MILLS ACT AGREEMENT 2144 North Greenleaf Street Santa Ana, CA 92706 -12- 25N-21 MILLS ACT AGREEMENT 2144 North Greenleaf Street Santa Ana, CA 92706 -13- 25N-22 a z O Q O J H H W W Q W J Z W W OC C~ H OC O Z ~t N w w J W C~ ~ ° ~ ^ Q I ^ W O ~ O O ~ 0 ,~ I O ~ I I _ _ 0_ _ _ _ I .~ ~_ 0 Z 25f~23 25N-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-21 FOR THE PROPERTY LOCATED AT 2128 NORTH GREENLEAF STREET RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` 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 Anne D. Etheridge for the structure located at 2128 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 Anne D. Etheridge for the structure located at 2128 North Greenleaf Street at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 250-1 CITY MANAGER HPP Agreement No. 2007-21 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $99.50 to $497.49 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay Trevino Executive Director Planning & Building Agency • 'J Francisco Gutierrez Executive Director Finance & Management Services Agencyl,_ HS.rb hs\historic info\mills act agreements\2128_N_Greenleaf\hppa07-21.cc 250-2 REQUEST FOR Historic Resources Commission Action Hls r'a~c ~souRC~s con+~++~ssar~ nn~rr~c ~-TE: NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-21 FOR THE PROPERTY LOCATED AT 2128 NORTH GREENLEAF STREET Prepared by Hally Soboleske APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO f / ~`~ xecutive 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 Anne D. Etheridge, property owner, for the structure located at 2128 North Greenleaf Street. DISCUSSION Request of Applicants The applicant, Anne D. Etheridge, Property Preservation Agreement No. property owner and the City of Santa requests the approval of Historic 2007-21 (Mills Act) between the Ana. Property Description The subject property includes a one-story residence and a detached, garage located at 2128 North Greenleaf Street (Exhibit 1). The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 250-3 HPPA No. 2007-21 November 1, 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 November 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Hally Sob Teske Associate Planner HS:jm hs\historic info\mills act agreements\2128_N_Greenlear\hppa07-21.hrc 250-4 ,~ 2,127 1,2.1 ~ .zzzs ~,~ O 45 4 Y t sry6 ry W M ~ A' f 2219 !6 ~?1S x'35 1 z~:t W 2 20T d ~ ~ ~ w1 Yl ,~ K 21~ LL M~3 2103 10rt 37 Zi03lJ ~~ 200 ~'~~~- ~„~ 2026 2027 20n 7 500' RADIUS HPPA-2007-21 2128 North Greenleaf Street PLANNING AND BUILDING AGENCY '~5YiT3 EXECUTIVE SUMMARY MARKEL HOUSE 2128 North Greenleaf Street Santa Ana, CA 92706 NAME Markel House REF. NO. ADDRESS 2128 North Greenleaf Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1935 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SSI Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival Style The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- Califomia Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red the roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The Markel House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Spanish Colonial Revival style in the Floral Park neighborhood "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 551: Individual property that is listed or designated locally. EXHIBIT 2 P~~~-6 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 3 Resource name(s) or number (assigned by recorder) Markel House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0054 *c. Address 2128 North Greenleaf Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-081-12 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in irregularly laid Mission tiles, this one-story residence is a replica of a "Spanish home"presented in the mail order catalog `New Spanish Bungalows,"published by the Bungalow Craft Company of Los Angeles. Designed by architect Rex D. Weston, the residence features an inward facing, rectangular plan and smooth stucco finish with little applied ornament. The low-pitched roof ends with shallow overhanging eaves and carved brackets beneath. An asymmetrical composition characterizes the fagade, which is dominated by a low pitched front gable. Centered beneath the gable is athree-over-four fixed pane window with thin wood frames and slightly projecting sill. An extended wood lintel marks the top of the window, mirroring the design in the pattern book. Three circular the vents pierce the gable apex. The south end of the gable is interrupted by aside-gabled wing, which encloses the principal entry and porte cochere. Fronted by a wrought-iron gate, the entry features an unomamented archway, which leads to a terrace. Balancing the composition of the facade is a prominent pointed arch on the property's south side, forming a porte cochere. The north side displays an arched entryway with a wood gate made of vertical wood planks and turned posts forming an arch in the upper portion. Four glazed wall tiles, arranged in a diamond, are centered above the archway. The north elevation features an attached chimney, clad in stucco and capped with a brick chimney hood. Alterations include a roof added to the interior patio. The property is otherwise highly intact, in excellent repair, and enhanced by mature trees and landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) Southeast elevation August 2007 *P8. Date Constructed/Age and Sources: ^historic 1935/City of Santa Ana Building Permits *P7. Owner and Address: Anne D. Etheridge 2128 N. Greenleaf Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: August 27, 2007 *P10. Survey Type: Intensive Survey Update *I'11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) 2 ~ 2~4 *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Paae 2 of 3 *CHR Status Code 5S1 *Resource Name or #: Markel House B1. Historic Name: Markel House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *65. Architectural Style: Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1935 January 2, 1935. Residence and garage constructed for $4,000. October 23, 1950. Unspecified repairs, $110. April 16, 1964. Patio roof, $672. June 26, 1978. Electric meter installed. October 1, 1987. Patio cover and deck. *B7. Moved? ^No Yes DUnknown Date: Original Location: *68. Related Features: Garage. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Markel House is architecturally significant as an intact example of the Spanish Colonial Revival style. According to the original building permit, dated January 2, 1935, the residence and garage were constructed for Jules W. Markel and his wife Ada at a cost of $4,000. The Markel family owned and occupied the the home for nearly 25 years. In 1960, Ada Markel, widowed since 1952, sold the home to Robert and Alberta Schwarm, who used a Veteran's Administration loan to finance the purchase. The Schwarm's remained in the home for 14 years. In the 1970s, ownership shifted twice, when the Schwarms sold the property to Marco and Magdalena Gupfon, who in turn sold the property the next year to John and Jane Hooper. The Hoopers owned and occupied the property until 1984, after which point ownership shifted multiple times. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: Gist attributes and codes) *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: Sketch Map v *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: August 27, 2007 (This space reserved for official comments.) DPR 5238 (1/95) 0 - -~ - .~ _ ~~ _~ -. O -0 2128 N. Greenleaf 002-081-12 *Required information 2-~ State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial '~ Page 3 of 3 Resource Name or # (Assigned by recorder) Markel House "Recorded by Leslie J. Neumann and Deborah Howell-Ardila *Date August 27, 2007 (] Continuation ^ Update "B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Markel House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War ll years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007) Floral Park maintains its identify as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Markel House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Typical features of this style illustrated by the house include its low-pitched, red the roof,• wood-framed window marked by prominent, extended wood lintel; shallow eaves with carved brackets; asymmetrical composition; smooth stucco finish with little applied ornament; interior patio; and wrought-iron gate. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an example of the Spanish Colonial Revival style `5s a good example of period architecture." Character-defining exterior features of the Markel House that should be preserved include, but may not be limited to, materials and finishes (stucco, wood, and wrought iron); asymmetrical treatment of elements on the facade; roof configuration and detailing; original windows and doors where extant; chimney with brick chimney hood; architectural details such as the diamond-patterned glazed wall tiles. *B12. References (continued): Armor, Samuel. History of Oranoe County. Los Angeles: History Record Company, 1921. Chain of Title, 2128 N. Greenleaf Street. Available at the Planning Division, Santa Ana City Hall, Santa Ana, CA. Franklin, Don. IVW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Markel, Louis, Irvine. Letter to Thomas Smalley, 29 January 2001. Marsh, Diann. Santa Ana. An Illustrated Hisforv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1930-1962. Ward, Cynthia, Anaheim. `Markel House Primary Record and Building, Structure and Object Record,"July 2007. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal September 21, 1981. `Builder of Honer Plaza Dies," Orange Counfv Register. September 15, 1981. `History of Floral Park." hffp://www.floral-park.com/paoe2.html. DPR 523E ~~~_w MILLS ACT AGREEMENT 2128 North Greenleaf Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 Anne D. Etheridge, (hereinafter referred to as "Owners"), owners of real property located at 2128 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 2128 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 cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- F~~~ O MILLS ACT AGREEMENT 2128 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 December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 250-11 MILLS ACT AGREEMENT 2128 North 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 character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 250-12 MILLS ACT AGREEMENT 2128 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 Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of andJor 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- 250-13 MILLS ACT AGREEMENT 2128 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 2128 North Greenleaf Street, Assessor Parcel Number, 002-081-12, 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: Anne D. Etheridge 2128 North Greenleaf Street Santa Ana, CA 92706 -5- 250-14 MILLS ACT AGREEMENT 2128 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. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 250-15 MILLS ACT AGREEMENT 2128 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: Anne D. Etheridge APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 250-16 MILLS ACT AGREEMENT 2128 North Greenleaf Street Santa Ana, CA 92706 Exhibit A Lot 11, Tract No. 879 in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 26 page 33 of Misc Maps in the office of the county Recorder of said County. Assessor Parcel No. 002-081-12 -s- 250-17 MILLS ACT AGREEMENT 2128 North Greenleaf Street 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- 250-18 MILLS ACT AGREEMENT 2128 North Greenleaf Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io - 250-19 MILLS ACT AGREEMENT 2128 North Greenleaf Street Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 250-20 MILLS ACT AGREEMENT 2128 North Greenleaf Street Santa Ana, CA 92706 -12- 250-21 MILLS ACT AGREEMENT 2128 North Greenleaf Street Santa Ana, CA 92706 -13- 250-22 a a z 0 a V J H a ~- w w o~ LL a w J Z W W OC C~ I- O z 00 N r N w w J Z W • a ~ O ~ ~ ~ O O ~ • ~o ~ ~ .~ I ' O ~ `~' I I .a. ~_ 0 Z 251-23 250-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-22 FOR THE PROPERTY LOCATED AT 2429 NORTH HELIOTROPE DRIVE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Gregg A. Rogers for the structure located at 2429 North Heliotrope Drive. 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 Gregg A. Rogers for the structure located at 2429 North Heliotrope Drive at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 25P-1 CITY MANAGER HPP Agreement No. 2007-22 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $130.15 to $650.77 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Ja Trevino Executive Director Planning & Building Agency ^~ Francisco Gutierrez Executive Director Finance & Management Services Agencyf;-- HS:rb hs\historic info\mills act agreements\2429_N_Heliotrope\hppa07-22.cc 25P-2 REQUEST FOR Historic Resources Commission Action I•sroRlc RaouRCES cau~ussloN n~rric DATE NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-22 FOR THE PROPERTY LOCATED AT 2429 NORTH HELIOTROPE DRIVE Prepared by Hally Soboleske HISTORIC RESOURCES OOMIAISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO ~` `~ -`. ~. `~,a Executive Director Planning Hager 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 Gregg A. Rogers, property owner, for the structure located at 2429 North Heliotrope Drive. DISCUSSION Request of Applicant The applicant, Gregg A. Rogers, Property Preservation Agreement No property owner and the City of Santa requests the approval of Historic 2007-22 (Mills Act) between the Ana. Property Description The subject property includes a one story English Revival residence and a detached garage located at 2429 North Heliotrope Drive, within the Floral Park neighborhood. Surrounding land uses are residential (Exhibit 1) . Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. T3 HPPA No. 2007-22 November 1, 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 October 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2) A review of the property indicates that this English Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Hally So leske Associate Planner HS:jm hs\historic info\mills act agreements\2429_N_Heliotrope\hppa07-22.hrc Serg Seni 25P-4 HPPA-2007-22 2429 North Heliotrope Drive PLANNING AND BUILDING AGENCY E-s EXECUTIVE SUMMARY KELLY HOUSE 2429 North Heliotrope Drive Santa Ana, CA 92706 NAME Kelly House REF. NO. ADDRESS 2429 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the facade and are often multi-paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Kelly House has been listed in the California Register of Historical Resources. The Kelly House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the English Revival style in the Floral Park neighborhood "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. EXHIBIT 2 Page ~j~ ~ ~ G State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listins~s Review Code Reviewer Date Page i of 4 Resource name(s) or number (assigned by recorder) Kelly House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0054 *c. Address 2429 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-064-26 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in hand-textured stucco, this one-story residence features the asymmetrical composition typical of the English Revival style. Amedium-pitched, cross-gabled roof caps the residence, which has shallow overhanging eaves with rolled edges, meant to suggest thatching. The principal design element on the facade is a projecting bay and entryway with overlapping gables of medium pitch, accented with half-timbering. The gables vary in height, adding to the effect of asymmetry, and have slightly extended eaves with uneven rakes. Sheltered beneath the extended eave on the west side of the facade is an arched wingwall. Afront-gabled dormer with a plain vergeboard, clad in hand-textured stucco, interrupts the roof's side gable. Diamond-shaped vents with horizontal louvers pierce the gable apexes. The facade features a set of tripartite windows, featuring large fixed panes flanked byone-over-one double-hung sashes. Sheltered beneath canvas awnings, the windows are framed by plain wood surrounds with slightly projecting sills. The principal entryway, which consists of a wood door elevated on three steps, is accessed via an enclosed porch with a prominent arched opening. The arch design is repeated on the facade in two small, recessed arches, one to the east of the entry, accented with stained glass in an abstract floral pattern, framed by recessed molding and a thin projecting sill. The facade's east side displays an arched niche, centered beneath the projecting eaves of the east elevation side gable. An attached chimney, flared at the base, marks the east elevation, which features slightly recessed wood-framed double hung sashes in a variety of configurations. A sheltered porch and secondary entrance are located on the east elevation. Alterations include a nonoriginal garage door. The residence is in good repair and highly intact. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other PSb. Photo: (view and date) East elevation August 2007 *P6. Date Constructed/Age and Sources: ^historic 1930/City of Santa Ana Building Permits *P7. Owner and Address: Gregg A. Rogers 2429 N. Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: L. Neumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: August 27, 2007 *P10. Survey Type: Intensive Survey Update *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) 2 ~J~-,,,P~ *Required information *P11. Report Citation: (Cite survey report and other sources, or enter "none") State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 "CHR Status Code 2D2 *Resource Name or #: Kelly House B1. Historic Name: Kelly House B2. Common Name: Same 63. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: English Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1930 September 16, 1930. Residence and garage constructed for $6, 500. December 4, 1964. Electric service meter installed. August 28, 1992. Reroof residence, $6,000. August 28, 1992. Reroof garage, $2,000. *B7. Moved? ^No Yes DUnknown Date: Original Location: *B8. Related Features: None. 69a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Kelly House is architecturally significant as an intact example of the English Revival style. According to the original building permit, dated September 16, 1930, the residence and garage were constructed for Sinah Kelly at a cost of $6,500. Sinah Kelly and her husband John, whose occupation was given as a Christian Science Practitioner in city directories, remained in the house until 1934, when they sold it to Merritt and Mildred Walrod. The home changed hands a few months later, when the Walrods sold it to Jesse E. Swanger, the printer of the Register newspaper, and his wife Rachel. The Swangers owned and occupied the home for seventeen years. By 1951, Thomas Larsen, the secretary and treasurer of Sanitary Laundry, and his wife Celena had bought 2429 N. Heliotrope and lived there for three years. In 1954, ownership shifted again when the Larsens sold the home to Dorothea Houseworth, who stayed in the house for nearly twenty years. Since Houseworth sold the residence in 1972, ownership has changed several times. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B72. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) 613. Remarks: *B14. Evaluator: Leslie J. Neumann *Date of Evaluation: August 27, 2007 (This space reserved for official comments.) Sketch Map a ~ 4 O ~ ` ~ z ~ ~. _ u ~ ~r e - r ~ Q ---- _ O O 2429 N. Heliotrope Drive 002-064-26 J G Q G v r-$~ n `; :~. r ~ n n T o DPR 5236 (1195) *Required information ~~~'V State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Kelly House "Recorded by Leslie J. Neumann and Deborah Howell-Ardila *Date August 27, 2007 ~ Continuation ^ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Kelly House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, anotherbuilder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Kelly House lies in the northern section of Floral Park historically known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for fisting in the National Register of Historic Places. The Keeper of the National Register found that `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "' Under the regulations implementing the California Register of Historical Resources, the Kelly House, which is a contributor to the National Register district, has been listed in the California Register. The Kelly House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Typical features of this period illustrated by the house include its asymmetrical composition; medium-pitched roof with patterned wood shingles; hand-textured stucco finish and decorative half-timbering; wood-framed tripartite windows and double-hung sash windows; attached chimney with flared base. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an intact example of the English Revival style in the Floral Park neighborhood, `5s a good example of period architecture." Character-defining exterior features of the Kelly House that should be preserved include, but may not be limited to, materials and finishes (hand-textured stucco finish and half-timbering); roof configuration and detailing; original windows and doors where extant; attached chimney; architectural details such as the rolled wood shingles on the eaves and arched windows and porch opening. ~ Determination of Eligibility, February 25, 1980. DPR 523E ~~ ~_w State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Kelly House *Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date August 27, 2007 [~ Continuation ^ Update B12. References (continued): Armor, Samuel. Hisfory of Orange County. Los Angeles: History Record Company, 1921. Chain of Title, 2429 N. Heliotrope Drive. Available of the Planning Division, Santa Ana City Hall, Santa Ana, CA. Franklin, Don. `NW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room, Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Inferior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources. "Sacramento: March 1995. Santa Ana and Orange County Directories, 1932-1954. Ward, Cynthia, Anaheim. `Kelly House Primary Record and Building, Structure and Object Record,"May 2007. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. `History of Floral Park." http.//www.floral-park.com/page2.html. DPR 523E Pap~S~'~ ~ 1 O MILLS ACT AGREEMENT 2429 North Heliotrope Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 Gregg A. Rogers, (hereinafter referred to as "Owner"), owner of real property located at 2429 North Heliotrope Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2429 North Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- 25P-11 MILLS ACT AGREEMENT 2429 North Heliotrope Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25P-12 MILLS ACT AGREEMENT 2429 North Heliotrope Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25P-13 MILLS ACT AGREEMENT 2429 North Heliotrope Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25P-14 MILLS ACT AGREEMENT 2429 North Heliotrope Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2429 North Heliotrope Drive, Assessor Parcel Number, 002-064-26, 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: Gregg A. Rogers 2429 North Heliotrope Drive Santa Ana, CA 92706 -5- 25P-15 MILLS ACT AGREEMENT 2429 North Heliotrope Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25P-16 MILLS ACT AGREEMENT 2429 North Heliotrope Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council Property Owner: Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Gregg A. Rogers APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -~- 25P-17 MILLS ACT AGREEMENT 2429 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A Lot 21 of Tract 755 in the City of Santa Ana, County of Orange, California, as per map recorded in Book 22, Page 33 of Misc. Maps in the Office of the County Recorder Assessor Parcel No. 002-064-26 -g- 25P-18 MILLS ACT AGREEMENT 2429 North Heliotrope Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25P-19 MILLS ACT AGREEMENT 2429 North Heliotrope Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io - 25P-20 MILLS ACT AGREEMENT 2429 North Heliotrope Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25P-21 MILLS ACT AGREEMENT 2429 North Heliotrope Drive Santa Ana, CA 92706 -12- 25P-22 MILLS ACT AGREEMENT 2429 North Heliotrope Drive Santa Ana, CA 92706 -13- 25P-23 Q Z O Q O J H 0 a W DC W a O J W H OC O z N N 0 w O O J W 0 0 0 0 M r I I O ^ I I M ' a ^ ~ I ~ O ~ ' 0 ._.-._.-._._....._I ~~ 0 Z 25R~24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-23 FOR THE PROPERTY LOCATED AT 2410 NORTH BONNIE BRAE •u - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Steven M. Crane and Celeste F. Crane as Trustees of the Crane Trust for the structure located at 2410 North Bonnie Brae. 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 Steven M. Crane and Celeste F. Crane as Trus ees of the Crane Trust for the structure located at 2410 North Bonnie ~rae at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan !abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 25Q-1 HPP Agreement No. 2007-23 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $154.51 to $772.57 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Ja Trevino Executive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency~.-- HS.rb hs\historic info\mills act agreements\2410_N_BOnnieBrae\hppa07-23.cc 25Q-2 REQUEST FOR Historic Resour+oes Commission Action NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-23 FOR THE PROPERTY LOCATED AT 2410 NORTH BONNIE BRAE Prepared by Hally Soboleske HISTORIC RESOURCES CONNIAISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO ~; v~ ~- Executive Director Planning Man r RECOMMENDED ACTION Recommend that the City Council direct the authorize the City Manager and the Clerk agreement with Steven M. Crane and Celeste Crane Trust, property owners, for the str Bonnie Brae. DISCUSSION Request of Applicants City Attorney to prepare and of the Council to execute an F. Crane as Trustees of the ucture located at 2410 North The applicants, Steven M. Crane and Celeste F. Crane as Trustees of the Crane Trust, request the approval of Historic Property Preservation Agreement No. 2007-23 (Mills Act) between the property owners 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 2410 North Bonnie Brae (Exhibit 1) The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate EXHIBIT A 25Q-3 HPPA No. 2007-23 November 1, 2007 Page 2 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. One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Key in October 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Tudor Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. 25Q-4 HPPA No. 2007-23 November 1, 2007 Page 3 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. Hal y S oleske Associa e Planner HS j m hs\historic info\mills act agreements\2410 N BonnieBrae\hppa07-23.hrc Sergio Senior 25Q-5 2 ,Y Q ,~~ 2.315 132$ 2 ~ ~ 2]11 ' ~ h ~ i ~ ~ 232{ 2 ' 232p 2319 ~ ~ ~ ' ~~ ~ NO PARK BLYp 331 15 l.NIGK gi ~, ry 2311 2 RS 7 lMYK 3 2dG2 9Q3 9 2f58 2154 ~ 3Z1 1 w' ~ ? ~ t ,~1 iE BRa~ ul ~p1 2s~a ~~ -~ sa+vrA cu Il~~lll Ra av 23,Z{ ~1 ~ ~ 2232 2220 2218 IIjTp ~ 2zss 1S 22:a 2245 H 2215 ~~ ~ IOS 22~ w ~ ~ ?3f0 ...... ---~ 500' RADIUS HPPA-2007-23 2410 North Bonnie Brae PLANNING AND BUILDING AGENCY ~~~' EXECUTIVE SUMMARY TAYLOR HOUSE 2410 North Bonnie Brae Street Santa Ana, CA 92706 NAME Taylor House REF. NO. ADDRESS 2410 West Bonnie Brae Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1926 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of Southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Taylor House has been listed in the California Register of Historical Resources. The Taylor House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification ofthe distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as an example of the Tudor Revival style in the Floral Park neighborhood (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. EXHIBIT 2 Pa~ ~fr4~ ~7 State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listi Primary HRI # Trinomial NRHP Status Code Review Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0054 Date: 'c. Address 2410 North Bonnie Brae Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-134-04 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Sheathed in smooth stucco, this one- and one-half story residence features the picturesque asymmetry typical of the Tudor Revival style. The residence is capped with a steeply pitched, cross-gabled roof accented with half-timbering. Clad in wood shingles, the roof terminates in shallow eaves. A hipped-roof dormer, with two-over-two casement windows, and a brick chimney topped with two chimney pots mark the roof's west side. A small decorative gable rises from the east half of the roof, which also features an attached, stucco-clad chimney with two chimney pots. Two bays with overlapping, steeply-pitched gables project from the fagade. The tallest consists of a prominent front gable, with a set of two-over-four casements framed by decorative shutters, plain wood surrounds, and slightly projecting sills beneath. The second gable shelters a covered entry porch, which is elevated on two steps and features a flat, slightly arched opening. Accessed via a diagonal brick walkway, the entry is oriented toward the street and consists of a six-panel wood door with small rectangular light, framed by a plain wood surround. Extending to the east is a recessed bay, topped with ahalf-timbered front gable and casement windows with diamond-patterned muntins beneath. Fenestration on the fagade's west half is provided by a band of recessed, wood-framed two-over-four casements, topped with two-over-two transoms. A recessed niche, fronted by a low, stucco-clad wall marks the west half of the facade. The main window type on the side elevations consists of casement and fixed pane windows with diamond-patterned muntins. The roof's side gable is clad in stucco, with five square vents on the west elevation. An overlapping gable clad in vertical wood siding marks the east elevation. A wrought-iron gate, set off by brick piers topped by light fixtures, fronts the property. A Porte cochere is located on the property's west side. Alterations include the addition of a greenhouse and an extension of the dining room, neither of which are visible from the street, and a nonoriginal garage door. Highly intact and in excellent repair, the residence is further enhanced by mature trees and landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other PSa. Photo ry ,,~,br i ~ ~ P5b. Photo: (view and date) North elevation August 2007 *P6. Date Constructed/Age and Sources: ^historic 1926/City of Santa Ana Building Permits *P7. Owner and Address: Steven M. and Celeslie F. Crane 2410 N. Bonnie Brae Santa Ana, CA 92706 *P8. Recorded by: L. Neumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: August 27, 2007 '1 *P10. Survey Type: - - Intensive Survey Update iM- _. • .~.-_• = P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (lis$~ DPR 523A (1/95) Z *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 2D2 *Resource Name or #: Taylor House 61. Historic Name: Taylor House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Tudor Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1926 September 14, 1926. Residence and garage constructed for$10,000. April 4, 1933. Rebuild chimney, $10. February 14, 1935. Unspecified repairs, $70. October 5, 1945. Addition to dining room, $800. October 2, 1959. Addition of greenhouse, $1,500. July 10, 1963. Unspecified interior alterations, $2,000. July 25, 1963. Electric work. August 1, 1963. Plastering work. August 27, 1964. Electric work. August 18, 1989. Wall blocked. *B7. Moved? ^No Yes Unknown Date: Original Location: *68. Related Features: None. 69a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Taylor House is architecturally signitrcant as an intact example of a Tudor Revival-style building in Floral Park. According to the original building permit, dated September 14, 1926, the residence and garage were constructed for Wesley A. Taylor for a cost of $10,000. Taylor, a mortgage loan broker, and his wife Alice owned and occupied the residence from the time it was constructed until the late 1930s. By 1940, the home was owned by Dana Bernard Robinson, the owner of Robinson Beauty Supply (located on West Fifth Street in Santa Ana), and his wife Lillis. City directories indicate that ownership had shifted again by 1947, by which time Wilbur Barr, president of the Barr Lumber Company, and his wife Josephine had purchased the home. The Barrs remained in the house until at least the early 1960s. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: Gist attributes and codes) *B72. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie J. Neumann (This space reserved for official comments.) Sketch Map O ~ ~ ---- - v ~ ~--o-~-- t O ~ ; '--' 2410 N. Bonnie Brae , 002-123-04 0 r s ~ i w --O ---- C w W _!iK_ • J C O ,' U ~ ' C 1 v O ~1 = OI ~ ~ ' ~ ~~ g ~N7C ® ~ o ~ n ~ 'o _ ~ - n, *Date of Evaluation: August 27, 2007 DPR 523B (1/95) *Required information Pa~~ 4i~~9 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Taylor House `Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date August 27, 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 Taylor House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange Countv Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the E! Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 Wesf Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and Wesf Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War ll years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Taylor House lies in the northern section of Floral Park historically known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "' Under the regulations implementing the California Register of Historical Resources, the Taylor House, which is a contributor to the National Register district, has been listed in the California Register. The Taylor House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Typical features of this period illustrated by the house include its asymmetrical composition; multilevel eaves and cross gables; wood-framed ribbon and casement windows flanked by false shutters; and arched entry porch. Additionally, the house has been categorized as `Key" because it has a `distinctive architectural style and quality."Character-defining exterior features of the Taylor House that should be preserved include, but may not be limited fo, materials and finishes (stucco and wood); roof configuration and detailing; original windows and doors where extant; chimneys and chimney pots; architectural details such as the decorative shutters and half-timbering. B12. References (continued): McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources."Sacramento: March 1995. Santa Ana and Orange County Directories, 1932-1954. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies,"Orange County Register. September 15, 1981. `History of Floral Park." http://www.floral-park.com/page2.html. ' Determination of Eligibility, February 25, 1980. DPR 523E ~ ~ O MILLS ACT AGREEMENT 2410 North Bonnie Brae Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 Steven M. Crane and Celeste F. Crane as Trustees of the Crane Trust, (hereinafter referred to as "Owners"), owners of real property located at 2410 North Bonnie Brae, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2410 North Bonnie Brae, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new -1- E7'~ 1 MILLS ACT AGREEMENT 2410 North Bonnie Brae Santa Ana, CA 92706 building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25Q-12 MILLS ACT AGREEMENT 2410 North Bonnie Brae Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25Q-13 MILLS ACT AGREEMENT 2410 North Bonnie Brae Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are -4- 25Q-14 MILLS ACT AGREEMENT 2410 North Bonnie Brae Santa Ana, CA 92706 available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2410 North Bonnie Brae, Assessor Parcel Number, 002-123-04, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Steven M. Crane and Celeste F. Crane as Trustees of the Crane Trust 2410 North Bonnie Brae Santa Ana, CA 92706 -5- 25Q-15 MILLS ACT AGREEMENT 2410 North Bonnie Brae Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25Q-16 MILLS ACT AGREEMENT 2410 North Bonnie Brae 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 CITY OF SANTA ANA DAVID N. REAM City Manager PROPERTY OWNERS Date: By: Steven M. Crane Date: By: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney Celeste F. Crane -~- 25Q-17 MILLS ACT AGREEMENT 2410 North Bonnie Brae Santa Ana, CA 92706 Exhibit A Lot 11, Tract No. 755 in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 22 page 33 of Misc Maps in the office of the county Recorder of said County. Assessor Parcel No. 002-123-04 -8- 25Q-18 MILLS ACT AGREEMENT 2410 North Bonnie Brae Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 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. S. 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- 25Q-19 MILLS ACT AGREEMENT 2410 North Bonnie Brae Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io- 25Q-20 MILLS ACT AGREEMENT 2410 North Bonnie Brae Santa Ana, CA 92706 Exhibit C (photographs attached) -~~- 25Q-21 MILLS ACT AGREEMENT 2410 North Bonnie Brae Santa Ana, CA 92706 -12- 25Q-22 MILLS ACT AGREEMENT 2410 North Bonnie Brae Santa Ana, CA 92706 -13- 25Q-23 a Q z O O J H a W m W Z Z 0 m H Z 0 N W m W Z Z O m ~ ° N ^ r Q ^ ^ ~ O I W ~ I ~ I ^ ~O I 0 1 ^ ,~ I I I . a. ~_ Z 25424 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-24 FOR THE PROPERTY LOCATED AT 1932 NORTH HELIOTROPE DRIVE APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Michael G. and Synthia Baynes for the structure located at 1932 North Heliotrope Drive. 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 Michael G. and Synthia Baynes for the structure located at 1932 North Heliotrope Drive at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 25R-1 CITY MANAGER HPP Agreement No. 2007-24 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $167.89 to $839.45 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ;- JI Trevino Executive Director Planning & Building Agency .~ Francisco Gutierrez Executive Director Finance & Management Services Agency/;- HS:rb hs\historic info\mills act agreements\1932 N_Heliotrope\hppa07-24.cc 25R-2 REQUEST FOR Historic Resources Commission Action NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-24 FOR THE PROPERTY LOCATED AT 1932 NORTH HELIOTROPE DRIVE Prepared by Hally Soboleske APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO ~- ~~ Executive Director Planning M ager 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 Michael G. and Synthia Baynes, property owners, for the structure located at 1932 North Heliotrope Drive. DISCUSSION Request of Applicant The applicants, Michael G. and Synthia Baynes, request the approval of Historic Property Preservation Agreement No. 2007-24 (Mills Act) between the property owners and the City of Santa Ana. Property Description The subject property includes a two-story residence and a detached two- car garage located at 1932 North Heliotrope Drive, and is within the Floral Park neighborhood. Surrounding land uses are residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25R-3 HPPA No. 2007-24 November 1, 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 October 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Streamlined Moderne 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 pro-iect. i; ~~ Ha ly So leske Associat Planner HS j m hs\historic info\mills act agreements\1932_N_Heliotrope\hppa07-24.hrc 25R-4 xt~ ar u ~t2r zro$ ztat ~, ~roa .trot 2tt~ O 2MNr , j 2'1Q4 p~ W I~ ' ~ ?103 u. 2045 a ~ o ~ a ~ Q W _ WW OC C9 i r9t5 r9Qr ry {I~ ry N a5 ~1 r5 N "" -"`- rr T ~ f 500' RADIUS HPPA-2007-24 1932 North Heliotrope Drive PLANNING AND BUILDING AGENCY ~~B~ 1 EXECUTIVE SUMMARY OELSCHLAGER HOUSE 1932 North Heliotrope Drive Santa Ana, CA 92706 NAME Oelschlager House REF. NO. ADDRESS 1932 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1939 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Moderne/Streamlined Moderne The Moderne style encompassed the Modernistic, Streamlined Moderne, and Art Moderne variants. An evolution of the Art Deco style, the Streamlined Moderne flourished during the 1930s and lingered through the decade following World War II in a simplified version. In contrast to the verticality of earlier Art Deco designs, the Streamlined Moderne emphasized the horizontal, through bands of windows, use of decorative raised or incised horizontal lines, railings, flat canopies with banded fascia, and narrow coping at the roofline. Other characteristics include smooth wall surfaces, usually of stucco; metal detailing; glass block windows; rounded corners, porthole windows, and asymmetry. Incorporation of aerodynamic, transportation related imagery, especially nautical, is a signature of the style. SUMMARY/CONCLUSION: The Oelschlager House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of an Art Moderne-influenced residence. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Art Moderne style in the Floral Park neighborhood "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 551: Individual property that is listed or designated locally. 2 c ~ I,~IT 2 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 4 Resource name(s) or number (assigned by recorded Oelschlaaer House P7. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0054 Date: *c. Address 1932 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-093-01 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Asymmetrical massing and a lack of applied ornament characterize this Art Moderne-influenced residence. Capped with a hipped roof, the house has an L-shaped plan with multiple roof levels. The facade displays cone-story wing, with a cantilevered porch on the south side and the principal, two-story portion of the house fo the rear. The roof ends in open, shallow eaves with rafter tails visible beneath. The principal design features are unornamented surfaces of smooth white stucco and a plain frieze marking the horizontal axis. Fenestration consists ofinetal-framed ribbon and casement windows, consisting of five rectilinear panes separated by a mullion from two-over-five casements. The windows are set flush to the wall surface and wrap around the corners of the building. Paired wood posts serve as porch supports. Recessed in the corner of the porch is the entry, which consists of a wood door oriented toward the street. Metal casement windows echoing the design used on the facade overlook the porch. The facade's south half features asecond-story balcony, sheltered under a canvas awning. The second story displays metal casement and ribbon windows with the same rectilinear arrangement used on the first story. Enclosing the second-story balcony is a thin metal railing forming a decorative geometric pattern. Fenestration on the side elevations echoes that of the facade. A stucco-clad chimney, accented at the top with four plain recessed squares, marks the north elevation. Alterations include the addition of a hobby room and nonoriginal door on the garage. The property is otherwise highly intact, in excellent repair, and further enhanced by mature trees and landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Properly *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) East elevation August 2007 *P8. Date Constructed/Age and Sources: ^historic 1939/City of Santa Ana Building Permits *P7. Owner and Address: Michael G. and Synfhia Baynes 1932 N. Heliotrope Drive Santa Ana CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: August 27, 2007 *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1195) 25 ~~if4 *Required information *P10. Survey Type: Intensive Survey Update State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 "Resource Name or iF: Uelscniager House 61. Historic Name: Oelschlager House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Streamlined Moderne influenced *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1939 May 12, 1939. Seven-room residence and garage, $9,000. September 25, 1944. Stove installation. September 13, 1948. Two rear porches enclosed, one converted to bathroom, $2,000. September 15, 1948. Addition of four electrical fixtures, $800. September 22, 1948. Addition of nine electrical outlets and one heater. October 13, 1949. Addition of one electrical fixture. October 29, 1970. Installation of water heater. *B7. Moved? ^No Yes ^Unknown Date: Original Location: *B13. Related Features: None. 69a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Oelschlager House is architecturally significant as an intact example of a Streamlined Moderne-influenced residence in Floral Park. According fo the original building permit dated May 12, 1939, the seven-room residence and garage were constructed for Herman Oelschlager at a cost of $9,000. By 1941, Oelschlager had sold the residence to Hal Crouch, a district manager at Mutual Benefit Life Insurance Company, and his wife Vivian. Ownership changed again in the mid-1940s, when the Crouch family sold the residence to Willard O. Patterson, a manager at the Pepsi Cola Bottling Company, and his wife, Marie. The Pattersons remained in the house until the early 1960s, after which point ownership changed hands several times. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie J. Neumann (This space reserved for official comments.) Sketch Map 1932 North Heliotrope Drive 002-093-01 ~ -- !+' ! ~ Q ~ _ _ _ ___ + O ~ ~ ' ~ - ~ '- - m ` ~___~_ . G________ _ ____F _ ~~ O 40 S ~ i O( ~ _-- _ N ~ ~ ~*_ 7_ Q v 4 O l O ~ LI=__. ~ O u n A *Date of Evaluation: August 27, 2007 DPR 5238 (1195) Pa~~R~V *Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Oelschlager House `Recorded by Leslie J. Neumann and Deborah Howell-Ardila *Date August 27, 2007 D Continuation ^ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Oelschlager House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange 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 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, anotherbuilder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and Wesf Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Oelschlager House quali>res for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of a Streamlined Moderne-influenced residence. Typical features of the Streamlined Moderne style illustrated by the house include its asymmetrical composition; multiple roof levels; lack of applied ornament; use of smooth white stucco finish; metal-framed ribbon windows wrapping around building corners; emphasis on the horizontal axis. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an intact example of a Streamlined Moderne-influenced residence in the Floral Park neighborhood, `5s a good example of period architecture." Character-defining exterior features of the Oelschlager House that should be preserved include, but may not be limited to, materials and finishes (stucco and metal); roof configuration and detailing; original windows where extant; chimney; absence of applied ornament; architectural details such as the wood porch supports and decorative balcony railing. B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form. "Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies,"Orange County Register. September 15, 1981. `History of Floral Park." http.//www.floral-park.com/page2.html. Santa Ana and Orange County Directories, 1932-1954. DPR 523E Pagq~~~~ MILLS ACT AGREEMENT 1932 North Heliotrope Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 Michael G. and Synthia Baynes (hereinafter referred to as "Owner"), owner of real property located at 1932 North Heliotrope Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1932 North Heliotrope Drive, Santa Ana, California, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- EX~I~~ 1 0 MILLS ACT AGREEMENT 1932 North Heliotrope Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25R-11 MILLS ACT AGREEMENT 1932 North Heliotrope Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25R-12 MILLS ACT AGREEMENT 1932 North Heliotrope Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25R-13 MILLS ACT AGREEMENT 1932 North Heliotrope Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 1932 North Heliotrope Drive, Assessor Parcel Number, 002-093-O1, 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: Michael G. and Synthia Baynes 21932 North Heliotrope Drive Santa Ana, CA 92706 -5- 25R-14 MILLS ACT AGREEMENT 1932 North Heliotrope Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25R-15 MILLS ACT AGREEMENT 1932 North Heliotrope Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the ounty Recorder of the County of Orange. i 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the ow er or agent of an owner shall provide written notice of this Agreement to the Office of Historic P enervation. 13. Amendments. This Agreement may be amended, in whole or in part, onl 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 Owner: Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Michael G. Baynes Date: By: Synthia Baynes APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25R-16 MILLS ACT AGREEMENT 1932 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A TR 1010 LOT 15 N 26FT THE REOF 8~ LOT 16 S 39FT THER EOF Assessor Parcel No. 002-093-O1 -s- 25R-17 MILLS ACT AGREEMENT 1932 North Heliotrope Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25R-18 MILLS ACT AGREEMENT 1932 North Heliotrope Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. io 25R-19 Exhibit C (photographs attached) -11- 25R-20 MILLS ACT AGREEMENT 1932 North Heliotrope Drive Santa Ana, CA 92706 MILLS ACT AGREEMENT 1932 North Heliotrope Drive Santa Ana, CA 92706 -12- 25R-21 MILLS ACT AGREEMENT 1932 North Heliotrope Drive Santa Ana, CA 92706 -13- 25R-22 a Q z O a v O J I- 0 a W W a O O J W H OC O z N M r O O w 0 0 0 i O I O O . O ~ I I Q i o i . _ . _ . _ . _ . _ . _ . _ . _ . _I 0 Z 25.1-23 25R-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-25 FOR THE PROPERTY LOCATED AT 1920 NORTH HELIOTROPE DRIVE a CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Richard and Jeanette Chiarini for the structure located at 1920 North Heliotrope Drive. 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 Richard and Jeanette Chiarini for the structure located at 1920 North Heliotrope Drive at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 25S-1 HPP Agreement No. 2007-25 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $366.85 to $1834.23 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency ~-~ HS.rb ha\historic info\mills act agreements\1920_N_Heliotrope\hppa07-25.cc 25S-2 REQUEST FOR Historic Resounoes Commission Action I~srowc RESOURCESCauln~ssloN IuIEETr~c IaAI'E: NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-25 FOR THE PROPERTY LOCATED AT 1920 NORTH HELIOTROPE DRIVE HISTORIC RESOURCES COIUNIAISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske ~' ! " ~.._ Executive Director Planning Mana r RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Richard and Jeanette Chiarini, property owners, for the structure located at 1920 North Heliotrope Drive. DISCUSSION Request of Applicants The applicants, Richard and Jeanette Chiarini, request the approval of Historic Property Preservation Agreement No. 2007-25 (Mills Act) between the property owners and the City of Santa Ana. Property Description The subject property includes a residence and garage located at property is within the Floral Park uses are residential (Exhibit 1). two-story Colonial Revival styled 1920 North Heliotrope Drive. The neighborhood and the surrounding land 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 25S-3 HPPA No. 2007-25 November 1, 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 Key in November 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. ~.~ Rally So leske Associate Planner HS j m hs\historic info\mills act agreements\1920 N_Heliotrope\hppa07-25.hrc 25S-4 ~~ IIIIIYIW ~ ~~ `I VT °~ ~ r W ~'t t t ~1a1 208 109 ~~ ~ ~~ 1a~ 73~ X33 ~ 5 Q~t -3Q T26 ~l1 ~'? C a 4 /vat pia ;. : r y . 1 ~~~yy ~fi ~ ~ If5 N N ~~ifl ~F ~Q'9 1i 8x15 ~ 1$Qg 1 1~1 1~ ~ 19pg ' 7i7 r 171 W 1719 1722 ~ t8W 180t 1 ___... 1711 '~ f7f7 f~~z 500' RADIUS HPPA-2007-25 1920 North Heliotrope Drive PLANNING AND BUILDING AGENCY ~r 1 EXECUTIVE SUMMARY JOHN S. FLUOR JR. HOUSE 1920 North Heliotrope Drive Santa Ana, CA 92706 NAME John S. Fluor Jr. House REF. NO. ADDRESS 1920 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1937 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 2 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). SUMMARY/CONCLUSION: The John S. Fluor Jr. House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 4b for its association with John S. Fluor, Jr., the former president and chairman of the board of Fluor Corporation. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with a prominent member of the regional business community. Additionally, the house has been categorized as "Key" because it "is associated with a significant person or event in the city" (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.) 2: Associated with the lives of persons important to local, California or national history. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 551: Individual property that is listed or designated locally. E -~r~ State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 7 of ~ Resource name(s) or number (assigned by recorder) John 5. F1uorJr. House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 0053 Date: *c. Address 1920 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-093-03 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in smooth stucco and capped with a low pitched, cross-gable roof, this two-story residence displays many of the features typical of the Colonial Revival style. Roughly L-shaped in plan, the residence is punctuated by a projecting square bay on the fagade's south half. The bay's first story displays a tripartite bay window with multipane windows and wood frames. Fenestration on the second story, and on the fagade, consists of six-over-six, wood framed, double-hung sash windows flanked with decorative shutters. The fagade's focal point is an elaborated entry, consisting of an eight-panel wood door recessed within a series of graduated arches, Banked by two pilasters with flared capitals and bases. A molded string course marks the horizontal axis above the entry, which is elevated on one brick step. Overlooking the entry on the second floor is a ba/conette, enclosed by an iron balustrade decorated with a pattern of pointed ovals, arranged lengthwise. The base of the balustrade consists of a molded cornice and frieze, simulating an entablature for the pilasters below. The balconetfe features asix-over-six, double-hung sash with wood frames, flanked by decorative shutters. Enclosing the balconette and window is a broken pediment and two pilasters. An oculus punctures the fagade wall to the south of the balconette. Projecting from the fagade's north half is an attached, stucco-clad chimney with a slightly flared base. Alterations include the addition of a six-foot cinder block perimeter fence and a gate fronting the property. In excellent repair and otherwise highly intact, the residence is further enhanced by mature landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) Northeast elevation October 2007 *P6. Date Constructed/Age and Sources: ^historic 1937/City of Santa Ana Building Permits *P7. Owner and Address: Richard and Jeannette Chiarini 1920 N. Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: October 17, 2007 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) Pa~ _ w ~ *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 *Resource Name or #: John S. Fluor Jr. House B1. Historic Name: John S. Fluor Jr. House 62. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Colonial Revival style *Bli. Construction History: (Construction date, alterations, and date of alterations): Constructed 1937 February 6, 1937. Residence and garage constructed for $25,000. June 27, 1946. Electric fixture installed, $150. December 28, 1948. Electric fixture installed, $350. July 13, 1956. Air conditioning unit added, $1,820. October 3, 1957. Two electric fixtures installed. October 20, 1959. Additions to residence by E.E. Morrison, $4,000. November 12, 1959. Change drain line upstairs. November 24, 1959. Installation of 6 circuits, 28 outlets, 14 fixtures, and 2 heaters. August 21, 1967. Swimming pool permit granted (pool installed when house was constructed).. April 1, 1985. Perimeter fence, 6 feet high. *B7. Moved? ^No OYes Unknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: A.C. Honer *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1947-1974 Property Type: Single-family Residence Applicable Criteria: NR: 8; CR: 2 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The residence at 1920 N. Heliotrope Drive is architecturally significant for its association with John Simon Fluor, Jr., the former president and chairman of the board of Fluor Corporation. During Fluor's tenure as president of the company, which was founded in Santa Ana by his father John Simon Fluor Sr. (Si Fluor) in 1924, Fluor Corporation "rose to international prominence as an engineering and construction firm" (Los Angeles Times, September 12, 1974). Si Fluor, a Swiss emigrant who had originally settled in Wisconsin, moved to Santa Ana in 1914 and established a construction company at the corner of Fourth and Main Streets (1514 N. Main Street). Six years later, of the age of nineteen, John Fluor Jr. began working for his father's construction company. In 1924, Fluor Corporation won its first major energy commission (building anatural-gas plant for Richfield in Signal Hill, during the California oil boom). At the time, John Fluor Jr. served as superintendent of construction. In the 1930s, John Fluor Jr. secured major commissions from Standard Oil and Shell Corporation, which started the company's shift toward energy engineering projects. By 1947, John Fluor Jr. and with his wife Mildred owned and resided in the property at 1920 N. Heliotrope Drive. After several years of serving as executive vice president of Fluor Corporation, John Fluor Jr. was appointed president in 1952, a position he held for ten years. During this time, the Fluors resided in the home at 1920 N. Heliotrope Drive. During John Fluor Jr's tenure as president, Fluor Corporation expanded dramatically, with over 6,400 employees by 1958 and contracts to construct chemical, nuclear, and steam power plants and refineries throughout the United States, as well as in Saudi Arabia, Mexico, Canada, and the Caribbean. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann (This space reserved for official comments.) Sketch Map 5 • Q ____rr-=- - -- -- O ~ , ~ 1920 N. Heliotrope Drive , . - -- 002-093-03 O ~ = 0 ~ ~~---Q--'-- ° - -?----- , ~ a~ 1 _ --~ ~ ' s _____.~_;_ o o ~ w ~ o , ~ O ~ ~ O ---~-- ' ~, p - .€ a ~~ _~ ,~ *Date of Evaluation: October 17, 2007 DPR 5238 (1/95) ~~~_~ *Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) John S. Fluor Jr. House "Recorded by Leslie J. Neumann and Deborah Howell-Ardila 'Date October 17, 2007 (] Continuation ^ Update *B70. Significance (continued): In 1962, Fluor became chairman of the board, a position he held until retiring in 1968, after which point he served as honorary board chairman until his death in September 1974. Three years before his death, John Fluor Jr. was honored of a dinner in his honor, which was attended by 850 guests and featured a keynote address by Governor Ronald Reagan. The original owner of the property was John P. Scripps, grandson of E.W. Scripps and Colonel Milton A. McRae, founders of Scripps-McRae newspapers. John P. Scripps and his wife Elizabeth commissioned the house, which was constructed by Allison Honer in 1937. At the time, Scripps was the publisher of the Santa Ana Journal, a newspaper he cofounded in 1935 with partners Roy David Pinkerton, founder of the Ventura County Star, and E.F. Elfstrom, president and general manager of Alhambra's Post Advocate. The Santa Ana Journal operated for three years, until December 1938, when it was purchased by the Santa Ana Register. The Scripps resided at 1920 N. Heliotrope Drive until their divorce in 1938, after which point Mrs. Scripps owned and occupied the house. In 1941, ownership changed hands when Paul Greening and his wife Estella purchased the property, which a few years later was purchased by John S. Fluor Jr. and his wife Mildred. The house retains a high level of integrity and continues to convey its period of signitrcance as the primary residence of John S. Fluor Jr. during his tenure as president and chairman of the board of Fluor Corporation, from 1952 fo 1968. 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 John S. Fluor Jr. House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued ifs development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The John S. Fluor Jr. House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 46 for its association with a significant person in the city. The typical features of the Fluor residence's Colonial Revival style illustrated by the house include ifs two-story massing; smooth stucco cladding; low-pitched, cross-gabled roof with shallow eaves and exposed rafter tails; classical architectural details such as an elaborated entry, with graduated arches, pilasters with flared capitals and bases, molded string course, and broken pediment; balconette with balustrade and iron railing; multipane, double-hung sash windows with wood frames and sills, flanked by decorative shutters, and oculus; and attached chimney with flared base. Additionally, the house has been categorized as `Key" because it is `associated with a significant person or event" in the City of Santa Ana. Character-dehning exterior features of the John S. Fluor Jr. House that should be preserved include, but may not be limited to, materials and finishes (smooth stucco finish); roof configuration and detailing; original windows, shutters, and doors where extant; stucco-clad chimney; and architectural details such as balconette with balustrade and iron railing, and the graduated arches, pilasters, broken pediment and string course marking the entry. "B12. References (continued): Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. (See Continuation Sheet 4 of 4.) DPR 523E Page _~ State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) John S. Fluor Jr. House `Recorded by Leslie J. Neumann and Deborah Howell-Ardila "Date October 17, 2007 ~ Continuation ^ Update *B12. References (continued): Chain of Title, 2128 N. Greenleaf Street. Available at the Planning Division, Santa Ana City Hall, Santa Ana, CA. Franklin, Don. `7VW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Wells-Robbins, Louis, Irvine. Letter to Thomas Smalley, 29 January 2001. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. Nationa! Register Bulletin 16A. `How fo Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1930-1962. Ward, Cynthia, Anaheim. `John S. Fluor Jr. House Primary Record and Building, Structure and Object Record,"July 2007. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. `History of Floral Park." http://www.floral-park.com/page2.html. DPR 523E A~~` ~ 0 MILLS ACT AGREEMENT 1920 North Heliotrope Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 Richard Philip Chiarini and Jeanette Chiarini, (hereinafter referred to as "Owner"), owner of real property located at 1920 North Heliotrope Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1920 North Heliotrope Drive, Santa Ana, California, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new -1- E~~T_~ ~I MILLS ACT AGREEMENT 1920 North Heliotrope Drive Santa Ana, CA 92706 building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25S-12 MILLS ACT AGREEMENT 1920 North Heliotrope Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25S-13 MILLS ACT AGREEMENT 1920 North Heliotrope Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25S-14 MILLS ACT AGREEMENT 1920 North Heliotrope Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 1920 North Heliotrope Drive, Assessor Parcel Number, 002-093-03 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: Richard Philip Chiarini and Jeanette Chiarini 1920 North Heliotrope Drive Santa Ana, CA 92706 255-15 MILLS ACT AGREEMENT 1920 North Heliotrope Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25S-16 MILLS ACT AGREEMENT 1920 North Heliotrope Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council Property Owner: Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Richard Philip Chiarini Date: By: Jeanette Chiarini APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25S-17 MILLS ACT AGREEMENT 1920 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A Lots 11,12, and 13 and the south 5 feet of Lot 14 of Tract 1010, as shown on a map recorded in Book 33, Page 15 of Miscellaneous Maps, records of Orange County, California. Assessor Parcel No. 002-093-03 -g- 25S-18 MILLS ACT AGREEMENT 1920 North Heliotrope Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25S-19 MILLS ACT AGREEMENT 1920 North Heliotrope Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io- 25S-20 MILLS ACT AGREEMENT 1920 North Heliotrope Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25S-21 -12- 25S-22 MILLS ACT AGREEMENT 1920 North Heliotrope Drive Santa Ana, CA 92706 MILLS ACT AGREEMENT 1920 North Heliotrope Drive Santa Ana, CA 92706 -13- 25S-23 a Q z 0 a 0 0 0 a w o~ 0 w a O o~ O J W H 0 Z 0 N r w 0 w 0 w -•~ 0 ~ i i i 1 I . - ....~ 25~4~24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-28 FOR THE PROPERTY LOCATED AT 1816 NORTH FLOWER STREET CITY MS4NAGER 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 execute an agreement with Francois and Kathleen Van de Voorde for the structure located at 1816 North Flower 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 Francois and Kathleen Van de Voorde for the structure located at 1816 North Flower Street at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 25T-1 HPP Agreement No. 2007-28 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $86..58 to $432.92 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~~ Jay Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency ~` HS.rb hs\historic info\mills act agreements\1816_N_Flower\hppa07-28.cc 25T-2 REQUEST FOR Historic Resouroes Commission Action Hsro~c Gon~u~ssoN NEErr~ GATE: NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-28 FOR THE PROPERTY LOCATED AT 1816 NORTH FLOWER STREET ~usro~c iRESOURC~s oonTn~oni sEC~rar~r APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske . ~ ~' ~~ Executive Director Planning Ma er RECOMMENDED ACTION Recommend that the City Council direct the authorize the City Manager and the Clerk agreement with Francois & Kathleen Van de the structure located at 1816 North Flower DISCUSSION Request of Applicant The applicants, Francois & Kathleen of Historic Property Preservation between the property owners and the City Attorney to prepare and of the Council to execute an Voorde, property owners, for Street. Van de Voorde, request the approval Agreement No. 2007-28 (Mills Act) City of Santa Ana. Property Description The subject property includes a two-story Monterey Revival styled residence and a detached garage located at 1816 North Flower Street, within the Floral Park neighborhood. Surrounding land uses are residential (Exhibit 1) . Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. Exy~r~ 3 HPPA No. 2007-28 November 1, 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 November 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Monterey Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. _~ ally So leske Associat Planner HS j m hs\historic info\mi11s act agreements\1816_N_Flower\hppa07-28.hrc ~ ~ ~ L- e io K tz, AICP Senior P anner 25T-4 190!7 20lB 1'G?J ~ !932 !933 ' a 20!4 10!5 a O V rA26 x927 $ ,~ a J9r9 "a'TH ST '~iy ,, tsrr •~ TH sT 19TH gT ~ ! ~a ~ C q ~ .. 1717 J7JJ a ~ w .. t ~ 500' RADIUS HPPA-2007-28 1816 North Flower Street PLANNING AND BUILDING AGENCY ~~ EXECUTIVE SUMMARY B. WARNER HOUSE 1816 North Flower Street Santa Ana, CA 92706 NAME B. Warner House REF. NO. ADDRESS 1816 North Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1932 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Monterey Revival The Monterey Revival style looks back to nineteenth century Monterey, California, when newly arrived immigrants from New England added American Colonial elements to the Spanish Colonial adobe buildings built by the first settlers. In the Monterey Revival, stucco exteriors, instead of adobe, are often combined with wood or brick. Windows are often multi-light, either double- hung sash or casements in type. Roofs are usually side-gables, with afront-gabled extension of one or two stories at one end. The vast majority of Monterey Revival buildings are two stories in height, and nearly all feature a cantilevered balcony, shaded by the overhang of the principal roof and enclosed with a wood or wrought iron railing, across most or all of the upper story facade. Primarily a residential style, the Monterey Revival emerged in the late 1920s and reached the height of its popularity in 1930. SUMMARY/CONCLUSION: The B. Warner House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Monterey Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Monterey Revival style in the Floral Park neighborhood "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 551: Individual property that is listed or designated locally. ~~w~° State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION Primary HRI #__ PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 3 Resource name(s) or number (assigned by recorder) 8. Warner House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 0054 Date: *c. Address 1816 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 399-052-01 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) L-shaped in plan, this two-story, stucco-clad residence displays the architectural elements and massing typical of the Monterey Revival style. Capped with aloes-pitched, cross-gable roof with shallow, open eaves, the residence features a square bay projecting from the west side of the facade. The bay's first and second stories display six-over-six, double-hung sash windows with wood frames and sills, flanked by decorative shutters. Punctuating the first floor of the bay's west side is a window opening consisting of small squares in atwo-over-three pattern. A wall projection trimmed with corbelled brackets marks the division of the bay's first and second stories. The apex of the bay's gable is accented with three brick vents. Extending east is a recessed wing, featuring a cantilevered balcony supported on exposed beams with slightly flared ends. A wood post railing encircles the balcony, which is sheltered beneath open, extended roof eaves. Thin posts and exposed rafters support the balcony roof. Slightly flared beams beneath the porch are exposed. The south elevation of the house features a similar second-story balcony (which is not entirely visible from the public right-of--way). The entry consists of a three-panel wood door, located in the intersection of the cross gable and accessed via a diagonal walkway. Centered in the west elevation gable, which finishes with thin, unelaborated bargeboards, is an attached brick chimney with a flared base and corbelled chimney cap. Two circular clay vents accent the side gable apex. The fenestration style seen on the facade is repeated on the side elevations. A brick post and low, brick retaining wall fronting the property, and the addition of a double- hung sash window behind the two-over-three window opening, appear nonoriginal. The house is otherwise highly intact and in excellent repair. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) Northeast elevation October 2007 *P6. Date Constructed/Age and Sources: ^historic 1932/City of Santa Ana Building Permits *P7. Owner and Address: Francois & Kathleen Van de Voorde 1816 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: L. Neumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: October 17, 2007 *P10. Survey Type: Intensive Survey Update *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) 2 ~~4 *Required information *P11. Report Citation: (Cite survey report and other sources, or enter "none") State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 *Resource Name or #: 8. Warner House 61. Historic Name: B. blamer House 62. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Monterey Revival style *66. Construction History: (Construction date, alterations, and date of alterations): Constructed 1932 January 22, 1932. Residence and garage constructed for $10,000. April 6, 1950. Electric fixture installed, $150. October 6, 1950. Electric fixtures and outlets installed. *B7. Moved? ^No Yes Unknown Date: Original Location: *B8. Related Features: None. 69a. Architect: Unknown b. Builder: Ball and Honer *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The 8. Warner House is architecturally significant as an intact example of a Monterey Revival-style residence. According to the original building permit, dated January 22, 1932, the house was constructed by the Santa Ana construction team Ball and Honer. In 1933, the first year the improvement appears in city directories, the owners and residents of the house are Benjamin H. Warner, owner of Central Auto Body Works, and his wife Nallie. The Warners remained in the house through the early 1940s. Ownership shifted in 1947, when Mrs. Nellie G. Harpster, a rancher, purchased the home, where she remained until at least 1962. (See Continuation Sheet 3 of 3.) 611. Additional Resource Attributes: (t_ist attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) 613. Remarks: *B14. Evaluator: Leslie J. Neumann *Date of Evaluation: October 17, 2007 (This space reserved for official comments.) DPR 5238 (1/95) Ske tch Map N/.I ~' ~N.!/' ~ ~ O~ A ~ ~ q ~ ~"~- 1816 N. Flower St. "`'""°' 399 052 01 : - - ss. s' N O i i O a co ~ ~f i~, .}/M" f snvE-er s~' ~~Y~ I ,}, ~O I ~ : •: O tl ~ ` . pl ____ ~ O w -» Y /~ ~ .i1. _M JJ.~_-' ~/ 41 + ~t I • O b ~ t p--' *Required information 2VI~V State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) B. Warner House `Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date October 17, 2007 0 Continuation ^ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The 8. Warner House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the Late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The B. Warner House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplifiication of the distinguishing characteristics of the Monterey Revival style. Typical features of this style illustrated by the house include its smooth stucco cladding; low-pitched, cross~abled roof with open eaves and exposed rafter tails; cantilevered balcony with wood railing, post supports, and exposed beams; multipane, double-hung sash windows with wood frames and sills, flanked by decorative shutters; and attached brick chimney with flared base and corbelled chimney cap. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an example of the Monterey Revival style `is a good example of period architecture." Character-defining exterior features of the 8. Wamer House that should be preserved include, but may not be limited to, materials and finishes (smooth stucco finish); roof configuration and detailing; original windows, shutters, and doors where extant; attached brick chimney with flared base and corbelled cap; architectural details such as the projecting bay's corbelled brackets. *612. References (continued): Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Franklin, Don. IVW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources. "Sacramento: March 1995. Santa Ana and Orange County Directories, 1930-1962. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. `History of Floral Park." http.//www.floral-park.com/page2.html. DPR 523E A~T~f1 MILLS ACT AGREEMENT 1816 North Flower Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 Francois & Kathleen Van de Voorde, (hereinafter referred to as "Owner"), owner of real property located at 1816 North Flower 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 1816 North Flower 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 cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- ~i~~ MILLS ACT AGREEMENT 1816 North Flower 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 December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25T-11 MILLS ACT AGREEMENT 1816 North Flower 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 character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view comdor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25T-12 MILLS ACT AGREEMENT 1816 North Flower 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 Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25T-13 MILLS ACT AGREEMENT 1816 North Flower 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 1816 North Flower Street, Assessor Parcel Number, 399-052-01, 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: Francois & Kathleen Van de Voorde 1816 North Flower Street Santa Ana, CA 92706 -5- 25T-14 MILLS ACT AGREEMENT 1816 North Flower 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. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25T-15 MILLS ACT AGREEMENT 1816 North Flower 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 Owner: CITY OF SANTA ANA DAVID N. REAM City Manager Date: By: Francois Van de Voorde Date: By: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney Kathleen Van de Voorde -7- 25T-16 MILLS ACT AGREEMENT 1816 North Flower Street Santa Ana, CA 92706 Exhibit A Lot 63 of Floral Park Tract No. 748 as shown on a map recorded in Book 30 page 9 of Miscellaneous maps records of Orange County, CA Assessor Parcel No. 399-052-O1 -s- 25T-17 MILLS ACT AGREEMENT 1816 North Flower Street 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- 25T-18 MILLS ACT AGREEMENT 1816 North Flower Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io - 25T-19 Exhibit C (photographs attached) -11- 25T-20 MILLS ACT AGREEMENT 1816 North Flower Street Santa Ana, CA 92706 MILLS ACT AGREEMENT 1816 North Flower Street Santa Ana, CA 92706 -12- 25T-21 MILLS ACT AGREEMENT 1816 North Flower Street Santa Ana, CA 92706 -13- 25T-22 MILLS ACT AGREEMENT 1816 North Flower Street Santa Ana, CA 92706 -14- 25T-23 Z O Q O J O H O z a w W H W O J LL Z co 00 w w O _._i.. i i o! i i i o 0 Z w 0 w 25~~24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-29 FOR THE PROPERTY LOCATED AT 2110 NORTH ROSS STREET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Anya de Lancellotti for the structure located at 2110 North Ross 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 Anya de Lancellotti for the structure located at 2110 North Ross Street at its November 1, 2007 meeting by a vote of 7:0 (O'Callaghan abstained, Bustamante absent). DISCUSSION After the public hearing on November 1, 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. 25U-1 HPP Agreement No. 2007-29 December 3, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $136.57 to $682.86 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay M. Trevino Executive Director Planning & Building Agency ~fl1`~i~~~ 1~~ Francisco Gutierrez Executive Director Finance & Management Services Agency/;.° HS:rb hs\historic info\mills act agreements\2110_N_Ross\hppa07-29.cc 25U-2 REQUEST FOR Historic Resour~oes Commission A~c.~tion NOVEMBER 1, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-29 FOR THE PROPERTY LOCATED AT 2110 NORTH ROSS STREET ~srowc IRESOUIR(:ES COIMAIS.SION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske `_ _ /: ~' 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 Anya de Lancellotti, property owner, for the structure located at 2110 North Ross Street. DISCUSSION Request of Applicant The applicant, Anya d Property Preservation property owner and the Property Description requests the approval of Historic 2007-29 (Mills Act) between the e Lancellotti, Agreement No. City of Santa Ana. The subject property includes a one-story Colonial Revival styled residence and garage located at 2110 North Ross Street, within the Floral Park neighborhood. Surrounding land uses are residential (Exhibit 1) . Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. 251--I~A HPPA No. 2007-29 November 1, 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 November 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. r ~ Z, ~~ " ~~ Hally So leske Associate Planner HS:jm hs\historic info\mills act agreements\2110 N_ROSS\hppa07-29.hrc 25U-4 8 ?219 uiS 2226 2221 22t~ 2215 2211 ~21a 22t~ C g a 22tS 0 ~ H ~ ~~~ ~ 2aa1 ~ ~ -. ~ 22a7 3 ~ ~ ~ 22x1 ~li a.' '~~~ 2Qa1 is r 2~S F ~ 2a19 1935 F ~ 2a10 ~ O 1927 20Q9 ~f ~j 2~ g 2i0~79 2aipig 3 2aa6 2aa~ 500' RADIUS HPPA-2007-29 2110 North Ross Street PLANNING AND BUILDING AGENCY FAX T~ EXECUTIVE SUMMARY SCHENCK HOUSE 2110 North Ross Street Santa Ana, CA 92706 NAME Schenck House REF. NO. ADDRESS 2110 North Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). SUMMARY/CONCLUSION: The Schenck House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 551: Individual property that is listed or designated locally. 1 ~2 State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Page 1 of 3 Resource name(s) or number (assigned by recorder) Schenck House Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0054 Date: *c. Address 2110 North Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-112-46 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in horizontal wood siding, this one-story residence displays the typical features of the Colonial Revival style. A medium pitched, side-gabled roof caps the residence, which is rectangular in plan. Projecting from the facade's north half is aone- and-one-half story, front-gabled bay, whose south side encloses the portico and entry. A multipane, double-hung sash window with a wood frame and Palladian detailing pierces the apex of the gable. Fenestration on the fagade and side elevations consists primarily of six-over-six, double-hung sashes with wood frames and decorative shutters. A pediment with a curved underside encloses the portico, which rests on an entablature and frieze accented with recessed molded squares. Two Tuscan columns support the portico. The entry consists of a six-panel wood door, flanked by five square side lights and recessed molded squares. The entry is elevated on two brick steps. Rising from the center of the roof's side gable is a glazed brick chimney, topped with a band of raised brick. Located in the northwest corner of the property is a garage capped with a side gable and clad in horizontal wood siding. On the south elevation, a portico resting on post supports, and topped with a front gable with plain vergeboards, shelters a secondary entrance. Alterations include the application of a small eagle above the door, a star on the facade exterior, and the enclosure of an open patio in the rear of the property. The residence is otherwise highly intact, in excellent repair, and further enhanced by mature landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other PSb. Photo: (view and date) East elevation October 2007 *P6. Date Constructed/Age and Sources: ^historic 1927/City of Santa Ana Building Permits *P7. Owner and Address: David and Anya de Lancellofti 1932 North Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: October 17, 2007 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) *Required information Primary #. HRI # Trinomial NRHP Status Code Reviewer 2VV?~4 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 #: Schenck House B1. Historic Name: Schenck House B2. Common Name: Same 63. Original Use: Single-family Residence B4. Present Use: Single-family Residence *65. Architectural Style: Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1927 October 19, 1927. Residence and garage constructed for $8,000. March 31, 1933. Rebuild fireplace and chimney. December 15, 1948. Remodel residence by contractor Roy Rogers, $1,000. December 15, 1948. Three electric fixtures installed, $280. March 18, 1980. Three electric outlets installed. June 11, 1986. Pool and spa installed. April 13, 1992. Enclose existing open patio, $4,000. *67. Moved? ^No DYes Unknown *68. Related Features: Garage. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Schenck House is architecturally signiircant as an intact example of the Colonial Revival style. According to the original building permit, dated October 19, 1927, the house was constructed for Gertrude Schenck, who owned and occupied the home from 1927 until the early 1930s. By 1937, the residence had been purchased by Mrs. Ella 8. LaPierre, who resided in the home for several years. Ownership had shifted again by 1940, when Clarence A. Bales, an office supply salesperson, and his wife Mary bought the property. The Bales remained in the house until the early 1960s, after which point ownership shifted multiple times. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) 613. Remarks: *B14. Evaluator: Leslie J. Neumann *Date of Evaluation: October 17, 2007 (This space reserved for official comments.) Date: Original Location:, Sketch Map ~N ys ~ O 2110 North Ross Street v t86E0 002-112-46 4 ,_. a 156.8 N ~ ~~ _ --- 4 ~ 4 N ~ ~ O °' >r N ~ N ~^ No O ~ ~ ~s6.ea b lssaa ~1 ~ DPR 5236 (1/95) *Required information P~~o 4 Q State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assioned by recorder) Schenck House "Recorded by Leslie J. Heumann and Deborah Howell-Ardila '`Date October 17, 2007 O Continuation ^ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated frelds and orchards dotted with widely scattered farmhouses. The Schenck House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by Easf Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 Wesf 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 of 2009 Victoria Drive. In the early post World War 1! years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Schenck House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Colonial Revival style. Typical features of this style illustrated by the house include its horizontal wood siding; medium pitched, side-gabled roof with projecting front gable; elaborated entry with side lights and recessed molded squares; portico with curved underside, entablature, and Tuscan columns; six-over-six double-hung sash windows with wood frames and decorative shutters; Palladian-style window in gable apexes; and glazed brick chimney. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an example of the Colonial Revival style `9s a good example of period architecture." Character-defining exterior features of the Schenck House that should be preserved include, but may not be limited to, materials and finishes (horizontal wood siding); roof materials, configuration, and detailing; original windows and doors where extant; glazed brick chimney; architectural details such as the curved underside of the portico, Tuscan columns, entablature, and frieze decorated with recessed molded squares. "B12. References (continued): Armor, Samuel. History of Orange Countv. Los Angeles: History Record Company, 1921, page 1005. Franklin, Don. `7VW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. "Sacramento: March 1995. Santa Ana and Orange County Directories, 1930-1962. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. `History of Floral Park." http://www.floral-park.com/page2.html. DPR 523E Pagq~fr4 ~ ~~ MILLS ACT AGREEMENT 2110 North Ross Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 3, 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 Anya de Lancellotti, (hereinafter referred to as "Owner"), owner of real property located at 2110 North Ross 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 2110 North Ross Street, Santa Ana, California, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- EI~IT_ 1 0 MILLS ACT AGREEMENT 2110 North Ross 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 December 3, 2007, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25U-11 MILLS ACT AGREEMENT 2110 North Ross 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 character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25U-12 MILLS ACT AGREEMENT 2110 North Ross 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 Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25U-13 MILLS ACT AGREEMENT 2110 North Ross 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 2110 North Ross Street, Assessor Parcel Number, 002-112-46, 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: Anya de Lancellotti 2110 North Ross Street Santa Ana, CA 92706 -5- 25U-14 MILLS ACT AGREEMENT 2110 North Ross 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. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25U-15 MILLS ACT AGREEMENT 2110 North Ross 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 Owner: Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Anya de Lancellotti APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25U-16 MILLS ACT AGREEMENT 2110 North Ross Street Santa Ana, CA 92706 Exhibit A Lot 32 of Tract 788 and por. Of Lot 33, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Miscellaneous Maps, in the office of the County Recorder of said County. Assessor Parcel No. 002-112-46 -s- 25U-17 MILLS ACT AGREEMENT 2110 North Ross Street 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- 25U-18 MILLS ACT AGREEMENT 2110 North Ross Street 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- 25U-19 MILLS ACT AGREEMENT 2110 North Ross Street Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25U-20 MILLS ACT AGREEMENT 2110 North Ross Street Santa Ana, CA 92706 -12- 25U-21 -13- 25U-22 MILLS ACT AGREEMENT 2110 North Ross Street Santa Ana, CA 92706 a Q z 0 a 0 J F- 0 a w W OC I- t/~ H Z 0 N w w O 0 0 0 O O O Q w 0 0 Z 251~~.23 25U-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: AMEND CONTRACT TO XONOVIA TECHNOLOGIES LLC FOR ADDITIONAL CONSULTING AND ASSESSMENT SERVICES OF THE CITY'S INFORMATION TECHNOLOGY INFRASTRUCTURE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' 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 amend the agreement with Xonovia Technologies LLC (Xonovia) for additional consulting services and assessment services of the current information technology (IT) infrastructure, security processes, and organizational structure for $48,000 to a total aggregate amount not to exceed $223,000. DISCUSSION Xonovia was selected in October 2006, to conduct an assessment based on the firm's experience and expertise in the industry. The firm conducted an assessment of the core network and network security; servers and server security; disaster preparedness and organizational structure. The assessment was completed by selecting a sample set of sites of the City's information technology infrastructure. Based on the observations/ findings of the assessment, staff has determined additional consulting services are needed to address the observations/findings and further assessment services are needed. Xonovia will provide the additional assessment services and work with staff to implement any changes to the IT infrastructure for up to 480 hours at $100 per hour totaling $48,000. FISCAL IMPACT Funds are available in the Citywide Information Services Strategic Plan Fund. (account no. 109-700-6661) APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25V-1 25V-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: AMEND AGREEMENT WITH MANAGEMENT SERVICES, ADULT CROSSING GUARD CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ALL CITY ^ As Amended LLC FOR ^ Ordinance on 1S` Reading ^ Ordinance on 2ntl Reading PROGRAM ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER CI ANAGE RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with All City Management Services, Inc. for an additional one-year term in an annual amount not to exceed $894,447. DISCUSSION On January 18, 2005, Council approved a one-year agreement with All City Management Services, Inc. (ACMS} to staff the Adult Crossing Guard Program per the requirements specified in a Request for Proposals. The original agreement included provisions for two one-year renewal options and Council approved the second renewal on March 5, 2007. The Adult Crossing Guard program ensures safe pedestrian movement of children around elementary schools within Santa Ana. The Police Department`s evaluation over the past two years has determined that ACMS has met all the requirements of the agreement. Staff recommends amending the agreement for an additional one-year term as the consultant has continued to perform satisfactorily during the previous agreement periods. The amendment also includes the staffing of an additional crossing guard at MacArthur Blvd. and Raitt Street near Greenville Fundamental School at no additional cost; a service which would normally cost the City approximately $10,000 annually. FISCAL IMPACT Funds are available in the Police Department's Traffic Division fund (account no. 11-333-6291). APPROVED AS TO FUNDS AND ACCOUNTS: -~, ~~ ~ \# Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Police Department ~~~/~/_~inance & Mgmt . Services Agency ~.~ 25W-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: AMEND AGREEMENT WITH ASSOCIATES, LLC FOR SERVICES CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended DUCHESNE & ^ As Amended CONSULTING ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CIT MANAGER RECOMMENDED ACTION 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 with DuChesne & Associates, LLC to increase the compensation by an additional $5,000 for a total aggregate amount not to exceed $30,000. DISCUSSION The Police Department entered into an agreement with DuChesne & Associates, LLC to provide an administrative and operational review and audit of the department's promotability assessment process. DuChesne & Associates, LLC has completed similar reviews and audits for the Police Department in the past and is familiar with department operations. Staff recommends amending the agreement to increase the compensation by an additional amount of $5,000 to complete the analysis. FISCAL IMPACT Funds are available in the Police Department's Office of the Chief fund (account no. 11-331-6291). APPROVED AS TO FUNDS AND ACCOUNTS: .~ ~ ~L Paul M. Walters Chief of Police Police Department Francisco Gutierrez ~~ Executive Director Finance & Mgmt. Services Agency 25X-1 25X-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: AMENDMENT TO MASTER FUNDING AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute Amendment No. 13 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 (MFA) with the Orange County Transportation primary purpose of this agreement was to allocation process for projects funded Transportation Funding Program and the Bicycle Program. The MFA also specifies the roles an City and OCTA. Master Funding Agreement Authority (OCTA). The streamline the funding through the Combined and Pedestrian Facilities d responsibilities of the Amendment No. 13 is required to incorporate minor adjustments in funding and project schedules made during the semi-annual review conducted in March 2007. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25Y-1 Amendment to Master Funding Agreement May 21, 2007 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. .u ~ ~- James G. ss Executive Director Public Works Agency 25Y-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: PURCHASE AGREEMENT FOR PORTION OF 1007 AND 1011 BRISTOL STREET (PROJECT CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended S . ^ As Amended ^ Ordinance on 151 Reading 06-1500) ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CI Y MANAGER RECOMMENDED ACTION Direct the City and Clerk of the for the purchase 1007 and 1011 S. DISCUSSION CONTINUED TO FILE NUMBER Attorney to prepare and authorize the City Manager Council to execute an agreement with Aurora Angel of a portion of the commercial property located at Bristol in the amount of $937,Q00. On May 7, 2007 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from McFadden Avenue and Pine Street. Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. To accommodate the widening, the acquisition of a portion of the above property is required (Exhibit 1). The purchase amount is the appraised value prepared by an appraiser licensed in the State of California. 25Z-1 Angel Purchase Agreement December 3, 2007 Page 2 BNVIRONN~NTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-O1 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ , , James G Ross Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25Z-2 MATCHLINE SEE BOTTOM RIGHT RAYMAR ---r ~II II ~' RICHLAND ~ T-- !~ - TOLLIVER _ _-- , _ ~ --- ~4 - 717 , 31$ HI HLAND 4fl2' ~~ ~ ~ ~ ?~~~ _ 406 410 II4 ~- ~- 4th. --- 24 MY R TLE - 43; _- I 43q LEGEND SUBJECT PROPERTIES ~ __ _~ ACQUIRED PROPERTIES WALNUT ST. -- _ _ _ -- r- - ~ ~ AVENUE PINE ST. 'ol I, _ 2 ~ 306 ~ - -1 ~~~ i~l ~ _ i,- 3H0' 3b9 ~ ~.rs ~ 442: - _ _- - 446 CUBBON ST. ~ ~ 5©2 _, - -- 5Q6 7 ~~ i ~ -_ 11 {~ 510 -51.4_.: - - it ---- ~ ~- 5f 8 _ _ 52 MCFADD EN AVENUE WILLI T S ~ ;r I I II I c CHESTNUT ~ STREET ILE BISHOP MATCHLINE SEE ABOVE LEFT ~~"~~ ~"~ cinr couNCi~ TITLE PURCHASE AGREEMENT FOR ~'~~~ AGENDA DATE PORTION QF DECEMBER 3, 200 1007 AND 1011 S. BRISTOL STREET P"h"` ""RK, a~E"" (PROJECT 06-1500) 25Z-3 q~~ ^~1pN xy'S vj f .. . ~" i_ 25Z-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: ACQUISITION AND RELOCATION OF JC REALTORS, INC. AND JERONIMO CHAVEZ INCOME TAX SERVICE AT 323 S. BRISTOL STREET (PROJECT 06-1500) C RECOMMENDED ACTION Direct the City Attorney to prepare and Clerk of the Council to execute agreement with Jeronimo and Guadalup and Jeronimo Chavez Income Tax Servic 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 and authorize the City Manager an acquisition and relocation e Chavez, dba JC Realtors, Inc. e totaling $200,000. DISCUSSION On May 7, 2007 the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from McFadden Avenue to Pine Street. Improvements include widening of the street from four lanes to six, construction of landscaping in the parkways and the median islands, traffic improvements, drainage structures, sound walls, and other amenities as outlined in the Specific Plan. To accommodate the widening, the acquisition of the entire property at 323 S. Bristol was necessary. The real property acquisition process was completed by the City on October 26, 2006 (Exhibit 1). Consequently, the City's acquisition resulted in the displacement of the businesses operated by Jeronimo and Guadalupe Chavez. The California Relocation Assistance Law requires the City to pay just compensation to the business owner associated with the relocation of the displaced businesses. The settlement agreement with the business owner will authorize the purchase of the tenant's immovable fixtures and equipment, payment for accumulated bonus value, loss of business goodwill and relocation benefits, totaling $200,000. 25AA-1 Chavez Agreement December 3, 2007 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Tmpact Assessment EIR No. 89-01 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (account no. 59-553-6611). James G. R ss Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~~ _ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency/~ 25AA-2 LEGEND SUBJECT PROPERTIES ACQUIRED PROPERTIES RAYMAR ~- I RICHLAND L_,~- TOLLIVER WALNUT ST. PINE ST CHESTNUT ~ STREET CAMILE MCFADDEN AVENUE !~ BISHOP MATCHLINE SEE ABOVE LEFT ~AV, A aN CITY COUNCIL TITLE ACQUISITION AND RELOCATION P I~'~ /~, AGENDA DATE AT 323 S. BRISTOL STREET V DECEMBER 3, 2007 (PROJECT 06-1500) P'JBL'l' WCFNS AGf NCY 25AA-3 MATCHLINE SEE BOTTOM RIGHT 2 5AA-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: AGREEMENT WITH WELLDYNE/R7C WEST INC. FOR PROFESSIONAL SERVICES CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15S Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER ''RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with WellDyne/Rx West Inc. to administer a citywide Sharps Program for an amount not to exceed $60,000. DISCUSSION In July 2006 Senate Bill 1305 was signed into law prohibiting the disposal of needles in commercial or residential trash beginning in 2008. Approximately three percent of the national population use self-injected medications. To address the new legal requirement, the City in coordination with Waste Management and Sharps has developed a program to encourage the proper disposal of used needles by offering a simple method and a financial incentive. The program is targeted to begin on January 1, 2008. Sharps is a nationally recognized manufacturer of plastic containers used for disposal of used needles. Residents will have access to Sharps containers at participating pharmacies throughout the community. The product includes a postage pre-paid box for mailing the container, when full, to the destruction facility. Under the City's program, pharmacies will purchase the containers from Sharps and dispense them to Santa Ana residents who require the use of self injected medications. The first container will be free of charge. The second and third containers will each have a co-payment of $5 in any calendar year. We1lDyne/Rx West Inc. will administer the program, providing data collection and billing services. The City will reimburse the pharmacies for the costs of the containers. The City expects to spend approximately $60,000 in 2008. 2566-1 Agreement with Welldyne/Rx West Inc. For Professional Services December 3, 2007 Page 2 An agreement with We1lDyne/Rx West Inc. needs to be in place before the program begins. The term of this agreement is for one year, from January 1, 2008 through December 31, 2008. ENVIRONMENTAL IMPACT There is no environmental impact associated this action. However, implementation of the Sharps Program will assist the City in diverting used and contaminated syringes from the residential waste stream. FISCAL IMPACT The estimated cost of this program is $60,000 annually but will be subject to community participation. Funds for the program costs are budgeted and available in the Refuse Collection activity, Other Contractual Services account (account no. 69-521-6291). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Executive Director Public Works Agency Francesco Gutierrez Executive Director ~~'~ Finance & Management Services Agency 2566-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: AMENDMENT TO AGREEMENT WITH VIDEO ENGINEERING SERVICES FOR VIDEO PRODUCTION AND CABLE EQUIPMENT SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Video Engineering Services for video production and cable equipment services, extending the term of the agreement for one year in an annual amount not to exceed $99,660. DISCUSSION Video Engineering Services provides technical expertise for the purchase, installation and maintenance of City owned audio and video equipment in the City Council Chambers. In addition, Video Engineering Services assists the City Clerk and other users of the Council Chambers with audio recordings and lighting in the Council Chambers, and provides technical assistance on other audio/visual related projects. Video Engineering Services provides production staff to televise City Council meetings occurring in the Council Chambers. This agreement includes an additional $4,000 for video services for the filming and production of the Mayor's annual State of the City presentation, and a $13,200 contingency. The Parks, Recreation and Community Services Agency is satisfied with the quality of service provided by Video Engineering Services, and requests to extend the term of the agreement for a one-year period. 25CC-1 Agreement with Video Engineering Services December 3, 2007 Page 2 FISCAL IMPACT Funds for this agreement are available in the Community Affairs, Other Contractual Services account (no. 11-232-6291). APPROVED AS TO FUNDS AND ACCOUNT: ~.Gt. Gerardo Mouet, Executive Dir ctor Parks, Recrea ion and Community Services Agency Francisco Gutierrez, Executive Director ~~" Finance and Management Services Agency 25CC-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: FIRST RENEWAL OPTION TO LEASE AGREEMENT WITH COUNTY OF ORANGE AT THE SANTA ANA REGIONAL TRANSPORT ION CENTER ~ ~CG~.~------~--- CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare the Clerk of the Council to execute Agreement with the County of Orange Regional Transportation Center. and authorize the City Manager and a Second Amendment to the Lease for office space at the Santa Ana DISCUSSION In January 1997, the County of Orange approached the Santa Ana Work Center about relocating the Greater Avenue for Independence (GAIN) program to the Santa Ana Regional Transportation Center in order to provide clients with better access to services. The GAIN program, since renamed to CALWORKS, is a mandated partner in the WORK Center and works to assist welfare clients in finding employment. The County of Orange has requested to enter into its first 3-year renewal option of the agreement. The current lease agreement consists of 6,354 square feet with monthly rent of $8,560.13. Under the first renewal option, the monthly compensation to the City will be adjusted on the first, third and fifth years as proportionate to the change in the Consumer Price Index for Los Angeles-Riverside-Orange County, California. Staff recommends that the City exercise the first renewal option of the lease agreement, effective March 1, 2008, and ending on February 28, 2011. 25DD-1 First Renewal Option to Lease Agreement with County of Orange at Santa Ana Regional Transportation Center December 3, 2007 Page 2 FISCAL IMPACT Funds from the First Renewal Option will be deposited into the Santa Ana Rental - County of Orange Revenue account (account no 67-O1-5505). APPROVED AS TO FUNDS AND ACCOUNTS: /H . J Step en G. Har ing Deputy City Manager for Development Services Community Development Agency C~~ - , Francisco Gutierrez Executive Director Finance & Management SGH/ ~~ Services Agency H:\ACTION ITEMS\COUNCIL\2007 CC\lst Renewal Opt to Lease Agreement County of Orange 12-3-07 (2).doc 25DD-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEIVER 3, 2007 TITLE: AMENDMENT TO LEASE AGREEMENT WITH OMNIPOINT COHII~liJNICATIONS INC . FOR CELLULAR ANTENNA AT JEROME PARK ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the lease agreement with Omnipoint Communications Inc. (T-Mobile) for the installation of a cellular monopalm and ancillary equipment at Jerome Park. DISCUSSION On December 2005 City Council approved an agreement with Omnipoint Communications Inc. (T-Mobile) to install a stealth cellular monopalm antenna at Jerome Park. This amendment is to correct the address indicated on the lease agreement and to change the permanent concrete bleacher requirement on the east side of the equipment building to six new portable bleachers on two ball fields. After numerous design concepts, the City and the cell company agreed that the concrete bleacher improvement would cause other problems in the Park. Therefore, City staff and T-Mobile agreed the concrete bleacher would be eliminated and the cell company would purchase and install six new portable bleachers for the Jerome Park ball field. The six new bleachers will not reduce the seating capacity at this site. All other requirements in the lease agreement will remain the same. The T- Mobile lease is for a period of 10 years with three (3) three five-year options for extension. T-Mobile will install two (2) 65-foot high stealth monopalms and equipment space adjacent to the ball field to accommodate a future carrier. T-Mobile will install their own electrical service and pay for all electrical use of their operation. 25EE-1 Amendment to Lease Agreement with Omnipoint Communications, Inc. for Cellular Antenna at Jerome Park December 3, 2007 Page 2 T-Mobile agreed to pay the City $28,800 per year, with an annual increase of three percent per year, for the lease of park space. Upon termination of the lease T-Mobile will restore the site back to its original condition at no cost to the city. In addition T-Mobile will maintain a general liability insurance naming the city as additional insured in the amount of $1,000,000 throughout the term of the lease. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempted from further review. Categorical Exemption Environmental Review No. 2005-196 (Jerome Park) was filed for this project. FISCAL IMPACT No fiscal impact is associated with this action. Gerardo Moue , Executive Director Parks, Recreation and Community Services Agency 25EE-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: AMENDMENT TO LEGAL SERVICES AGREEMENT WITH McCUNE & HARBER, LLP CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment with the law firm of McCune and Harber increasing the hourly rate from $155 to $175. DISCUSSION The City Attorney's Office provides legal services to the City, its officials and employees, primarily through staff attorneys. However, it is sometimes necessary to retain outside counsel for specialized fields of practice and cases that have extraordinary staffing requirements. The law firm of McCune and Harber has provided legal services to the City and its employees in the specialized area of major tort liability and police-related litigation. Funds for this activity are provided through the Liability Fund managed by the Risk Management Division of the Personnel Services Agency. The City Attorney's Office has been notified by the firm that they wish to increase their fees. McCune and Harber has provided the City with exceptional and cost-effective representation since January of 2002. McCune and Harber's initial hourly rate was $135.00 per hour. In May 2005 the firm's hourly fee was adjusted to $155.00. It has been more than two years since the firm has reevaluated its hourly rate. The suggested hourly rate of $175.00 is competitive given the firm's expertise, the complexity of matters involved and rates charged to other municipal clients of the firm. The Risk Management Division also monitors billing rates paid by other members of BICEP, the risk management pool to which the City belongs. The firm's proposed rate is consistent with BICEP guidelines for outside 25FF-1 counsel and very competitive with rates being paid by other BICEP members for similar firms. Legal Services Agreement with McCune & Harber, LLP DECEMBER 3, 2007 Page 2 Below is a matrix showing the hourly rates charged by other firms who are providing similar services in the area of tort defense for the City. As you will note, the requested increase in hourly rate is competitive with the other firms' rates. Also, note that most of these firms requests hourly fee adjustments every two years. Firm Scope of Hourly Date First Last Contract Practice Fee Hired endment Bannan, Green, Municipal $265.00 January /A Frank & Litigation 2006 Terzian Carpenter, Tort Defense $170.00 November /A Rothans & 2006 Dumont Kinkle, Tort Defense $175.00 August Last amendment RQdiger & 1976 January 2004. Spriggs Previously rate $155.00. McCune & Tort Defense $175.00 January Initial rate Harber 2002 $135.00 McCune & Harber currently has 4 cases assigned to it. Over the past 5 full fiscal years, the firm worked on 11 cases and billed a total of $559,575 for an average of $111,915 per fiscal year. FISCAL IMPACT Funds are available in the Risk Management Liability Fund (account no. 80-180-6291) /`~ APPROVED AS TO FUNDS AND ACCOUNTS: i Francisco Gutierrez Executive Director Finance & Management Services Agency ~~ , Enrique Alva Executive D' ctor Personnel Services 25FF-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE AMENDMENT TO THE AGRgSMENT ~TITH PARSONS BRINCRERHOFF FOR THE SANTA ANA TRANSIT VISION AND GO LOCAL PROJECT CONCEPT STUDY PROJECT 06-2502 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Parsons Brinckerhoff {pB) in an amount not to exceed $350,000 to conduct the Santa Ana Transit Vision and Go Local Project Concept Study. 2. Approve an appropriation adjustment transferring $350,000 in Gas Tax funds from the Neighborhood Traffic Mitigation project (account no. 59-551-6631, project no. 04-1002) to the Santa Ana Transit Vision and Go Local Project Concept Study (account no. 59-551-6631, project no. 06-2502). DISGIISSION On January 17, 2006, the City of Santa Ana Parsons Brinckerhoff to prepare a Transi that, one contract amendment was executed the total contract amount to $254,000. develop the Go Local Project Concept. completed the following: entered into an agreement with Master Plan. Subsequent to on February 5, 2007, bringing The first amendment was to As of November 2007, PB has • Developed the multi-modal Transit Vision and Master Plan with input and direction from the Santa Ana Council Transportation Committee. • Identified and refined a preliminary Project Concept from the Transit Vision that has the highest potential to meet the OCTA Go Local Program goals and criteria. The preliminary Project Concept definition includes three components: 25GG-1 Santa Ana Transit Vision December 3, 2007 Page 2 of 3 - A modern Streetcar between the Santa Ana Regional Transportation Center (SARTC) and Civic Center/Bristol Street - Expansion of the SARTC to support the Transit Vision - Use of the PE Right-of-way to enhance access into Santa Ana. • Submitted the Go Local Six Month Project Concept Report to OCTA on September 21, 2007. The preliminary Project Concept with the three components was presented to the City Council at a study session on October 11, 2007. Public Works staff is continuing to incorporate a regional long-term and short-term transit project. One of the tasks that remain to be completed is a video simulation of the transit vision. The purpose of the video simulation is to. • Clarify the City's transit vision and be used to attract private partnership for a downtown circulation between the SARTC. • Provide a tool for community outreach. • Provide an opportunity for Santa Ana to be competitive with other cities that will be submitting requests to fund Go Local Projects. To complete the video simulation, the Santa Ana Transit Vision, and Step One of the Go Local Program, staff recommends an amendment to the agreement. The amendment is for $350,000 and the cost breakdown is as follows: • 50% to prepare video simulation of the Three Project Concept Components. • 25% to complete the application for Step One of the Go Local Project. • 25$ for contingency. Staff is currently identifying additional consultant needs for the three components in Step Two. The City wants to be certain we have the technical expertise to meet the project criteria and to be competitive for funding opportunities. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25GG-2 Santa Ana Transit Vision December 3, 2007 Page 3 of 3 FISCAL IMPACT Upon approval of the appropriation adjustment, Gas Tax funds available in Neighborhood Traffic Mitigation (account no. 59-551-6631, project no. 04- 1002) will be transferred to the Santa Ana Transit Vision and Go Local Concept Study (account no. 59-551-6631, project no. 06-2502). APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ro Executive Director Public Works Agency Francisco Gutierrez- ~, Executive Director Finance & Management Services Agency 25GG-3 25GG-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: CONDITIONAL USE PERMIT NO. 2007-20 TO CONSTRUCT A 60-FOOT TALL WIRELESS FACILITY FOR T-MOBILE AT 2907 SOUTH CRODDY WAY - SEQUOIA DEPLOYMENT SE~'ICES, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2007-20 as conditioned. PLANNING COMMISSION ACTION On October 22, 2007, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2007-20 as conditioned by a vote of 7:0 to construct a 60-foot tall wireless facility designed as a broadleaf monotree for T-Mobile Wireless in the Light Industrial (M-1) zoning district at 2907 South Croddy Way. 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. ay M. Trevino Executive Director Planning & Building Agency ME:rb me\reports\cup07-20 T-Mobile Broadleaf Monotree.cc 31 A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 22, 2007 TITLE: PUBLIC HEARING - FILED BY SEQUOIA DEPLOYMENT SERVICES FOR CONDITIONAL USE PERMIT NO. 2007-20 TO CONSTRUCT A 60-FOOT TALL WIRELESS FACILITY FOR T-MOBILE AT 2907 SOUTH CRODDY WAY Prepared by Marvin Ellenbecker PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO t`~ ~~ Executive Director Planning M ager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2007-20 as conditioned. DISCUSSION Request of Applicant Sequoia Deployment Services, representing requesting approval of Conditional Use Permi construction of a wireless facility designed 2907 South Croddy Way. Property Description T-Mobile Wireless, is t No. 2007-20 to allow the as a broadleaf monotree at The property is located within the Light Industrial (M-1) zoning district and has a General Plan land use designation of Industrial (IND) (Exhibit 1). The property is bounded by an extended stay business hotel on the east and industrial uses to the north, south and west (Exhibit 2 ) . The subject property is approximately 1.7 acres in size, rectangular in shape and improved with a multi-tenant warehouse (Exhibit 3). Project Description T-Mobile is proposing to install a 60-foot tall wireless telecommunications facility designed as a broadleaf monotree at 2907 South Croddy Way (Exhibit 4). The facility will house 12 panel antennas (four sectors of three antennas). T-Mobile will lease approximately 700 square feet for an equipment area that will be screened by a new six-foot high EXHIBIT A 31 A-2 Conditional Use Permit No. 2007-20 October 22, 2007 Page 2 wrought iron fence covered with Gold Guinea Vines to discourage graffiti. Two 48-inch box size Brisbane Box trees (Lophostemon confertus) will be planted adjacent to the broadleaf monotree to create an aesthetically pleasing environment (Exhibit 5). Analysis of the Issues In July 1998, the City Council adopted an ordinance regulating Wireless Communication Facilities throughout the City. Major wireless facilities are required to have a stealth design and be located on a building or in an area that provides the greatest amount of visual screening and requires the approval of a conditional use permit. The proposed wireless facility is located behind an industrial warehouse building in an existing parking lot and will be camouflaged as a broadleaf tree. The telecommunication equipment is screened behind a six-foot high wrought iron fence that will be covered with Gold Guinea Vines (Hibbertia scandens). Additionally, two evergreen broadleaf Brisbane Box trees will be planted near the camouflaged wireless facility. The applicant has explored alternatives to the broadleaf monotree such as locating the cellular antenna on the roof of an existing building in the area. Structures in the area, however, are not tall enough to meet the coverage needs for T-Mobile and adjacent property owners are not willing to allow a cellular facility on their site. The 60-foot tall facility is needed in order to improve cellular coverage and increase call capacity and quality because it is located in an area with limited access for this wireless carrier. The proposed cellular antenna will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to T-Mobile Wireless by closing service gaps in the area and providing additional calling capacity. Equipment for the broadleaf monotree will be screened by a new six-foot high wrought iron fence covered with Gold Guinea Vines. All wiring and conduit will be underground or hidden in the interior of the proposed broadleaf monotree. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to the southwest section of the City. The proposed upgrades and screening are required to accommodate the T-Mobile Wireless facility antennas from public view. Based upon the above analysis and findings, staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-20 as conditioned. 31 A-3 Conditional Use Permit No. 2007-20 October 22, 2007 Page 3 CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2007-48 will be filed for this project. Marvin Ellenbecker Landscape Development Associate ME j m me\reports\cup07-20 T-Mobile Broadleaf Monotree.pc i'~-c. Vince Freg so, CP Senior Planner 31 A-4 Al GENERAL AGRICULTURAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER Mt LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS 0 OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN CUP 07-20 T-MOBILE BROADLEAF MONOTREE ~~`~~~~'~ 2907 SOUTH CRODDY WAY ~ - - = 500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3~i4B~ 1 SEGERSTROM AVE. 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'R' ' ~ ~ ~ g g E g~ @s di ~ - ~ ,~ y~ g ~i ~ E R.E FF ~ € ~ s9a ~ a ~~,~ ~ ' i ~~Rn np ~~ ~ ~ 'J ~o ~ S ?~R ~ .. ~' :J O l a ~~f ~W rp1 ~ ^~ ~E F ~~ \ ~ ~ ~ k ¢@ $ M 1r ~ ~ f O ~ iJ~ ~ a Z O Q A h R Ea ~ ~ ` ~~ ~~ bHe ~ n b p ~ ~ / \ pp ` 5 ~ ~ W :rs ~ ~° ~ ~ W ~ ~ ~~ ..n ~ y W 8 ~9 1 ~ W i~9~''+i~y' e ~ ~~ ' `{~ F r.~i .~ swou~ seori W so 1 ~i-zc ~ s S F R Y = . b Q ''~ O ~ :r< sxa,e semi o0 o aoi :r.a 8 O Z saw wsooeagll W n au srn 3 ~x4~r~r 5 KO- 10/16/07 RESOLUTION NO. 2007-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-20 TO ALLOW THE CONSTRUCTION OF A WIRELESS FACILITY DESIGNED AS A BROADLEAF MONOTREE AT 2907 SOUTH CRODDY WAY BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2007-20 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 22, 2007. B. Conditional Use Permit No. 2007-20 has been filed with the City of Santa Ana seeking to allow the construction of a wireless facility designed as a broadleaf monotree at 2907 South Croddy Way. C. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless facilities. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed 60-foot tall broadleaf monotree wireless facility will provide a service to Santa Ana residents, businesses and motorists who subscribe to T-Mobile Wireless by reducing gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the southwest sector of Santa Ana. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Resolution No. 2007-38 Page 1 of 8 31 A-10 Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed broadleaf monotree wireless facility, in conjunction with the existing landscaping, will be compatible with the surrounding area and will not adversely affect the economic viability of the area. The stealth appearance will be the major solution to maintaining and increasing the economic stability for this predominantly residential area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The existing cellular facility has been designed to comply with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code for a major wireless facility. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monotree facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Industrial (IND) General Plan designation. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2007-48 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2007-20 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 22. 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2007-38 Page 2 of 8 31 A-11 ADOPTED this 22"d day of October, 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 Bv: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-38 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 22, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-38 Page 3 of 8 31 A-12 Conditions for Aaproval for Conditional Use Permit No. 2007-20 Conditional Use Permit No. 2007-20 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2007-23). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed wireless facility designed as a broadleaf monotree shall be constructed per the approved plans and the existing landscaping shall be protected in place during the construction period on and around the proposed facility. 4. The design specifications for amono-broadleaf are as follows and should be added as a note to the working drawings: a. The mono-broadleaf structure should be designed for a minimum of two carriers. b. The mono-broadleaf structure should have a sufficient branch count to conceal the presence of all antennas. c. Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. d. Branches should exceed all antennas by a minimum of 12 inches. e. Branches should start at 15 feet above the ground. Exhibit A Resolution No. 2007-38 31 A-13 Page 4 of 8 There should be a minimum space of five feet between the top of the antenna and the top of the faux tree. g. Branch foliage color should be an olive green with varying color "leaves" to match an actual broadleaf type tree. The foliage should be extruded in the color instead of surface painted. A sample should be submitted for approval prior to fabrication. h. A sample of bark cladding with a custom color should be submitted for approval prior to fabrication. All antennas shall be covered with "leafed antenna socks" that match the approved foliage color. Antennas are to be mounted using "stand- off mounts" (horizontal, frame type mounts are unacceptable). Support pipe mounts shall be concealed behind the antennas and painted a darker shade of green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. j. All coaxial cables should be concealed within the tower and should access the structure through the base. Raised ice bridge or cable trays are unacceptable. k. Include the tree specifications (selected manufacturers and models) with photo simulations (also a site plan review requirement). Show the location of the GPS antenna on all elevations. m. Provide a "unistrut" detail for the utility cabinet; an "H-frame" is not acceptable. n. Provide a note on the construction drawings that reads, "primary telecommunications carrier shall install underground utility sleeving for two carriers during construction of the tower structure." All coaxial cable and electrical conduit should be designed to be underground. An "ice bridge" is not acceptable. o. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. The sleeving should go underground through the caisson; shrouds on the outside of the pole are not acceptable. All utilities must be underground. 5. The permit applicant recognizes that the frequencies used by the cellular facility located at 2907 South Croddy Way are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning Resolution No. 2007-38 Page 5 of 8 31A-14 and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (permit applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 6. At all times, the permit applicant shall not prevent the City of Santa Ana from having adequate spectrum capacity on the City's 800 MHz radio frequency. 7. Before activating its facility, the permit applicant will submit to a post- installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or aDivision-approved contractor at the expense of the applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 8. The permit applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 9. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and a-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 10. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 11. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. Resolution No. 2007-38 Page 6 of 8 31 A-15 12. The proposed wireless communication structure must be engineered to allow the colocation of other service providers. 13. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 14. Conditional Use Permit No. 2007-20 expires ten (10) years from the date of City Council approval. 15. Provide two 48-inch box size Brisbane Box Trees (Lophostemon confertus) adjacent to the broadleaf monotree along with Gold Guinea Vines (Hibbertia scandens) to screen equipment cabinets. Resolution No. 2007-38 Page 7 of 8 31 A-16 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 foregoingg document described as: Resolution No. 2007-38 Conditional Use Permit No. 2007-20) in this action by p acing a rue copy ereof enc ose in sea a enve opes a ressed as follows: Monica Moretta Sequoia Deployment Services, Inc. One Venture, Suite 200 Irvine, CA 92618 [ ] 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. 2007-38 31 A-17 Page 8 of 8 31 A-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: CONDITIONAL USE PERMIT NO. 2007-22 AND VARIANCE NOS. 2007-10 AND 2007-12 TO VARY FROM THE LANDSCAPED SETBACKS AND FENCING STANDARDS FOR A MODELING SCHOOL AT 601 NORTH BAKER STREET - ILONA MARTIN, APPLICANT RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2007-22 as conditioned, Variance No. 2007-10 as conditioned, and Variance No. 2007-12 as conditioned. PLANNING COMMISSION ACTION On November 26, 2007, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2007-22 as conditioned, adopted a resolution approving Variance No. 2007-10 as conditioned for a reduction in landscaped setbacks, and adopted a resolution approving Variance No. 2007-12 as conditioned to allow a fence that exceeds the allowable height for a modeling school by a vote of 6:0 (Gartner absent) at 601 North Baker Street in the Single-Family Residential (R-1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. M. Trevino Executive Director Planning & Building Agency VF: rb of/reports/CUP07-22&VA07-10&12.cc 31 B-1 CITY MANAGER REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: NOVEMBER 26, 2007 TITLE: PUBLIC HEARING - FILED BY ILONA MARTIN FOR CONDITIONAL USE PERMIT NO. 2007-22 AND VARIANCE NOS. 2007-10 AND 2007-12 TO VARY FROM THE LANDSCAPED SETBACKS AND FENCING STANDARDS FOR A MODELING SCHOOL AT 601 NORTH BAKER STREET PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Prepared by Vince Fregoso ~~ ~ Executive Director Planning Mana er RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2007-22 as conditioned. 2. Adopt a resolution approving Variance No. 2007-10 as conditioned for a reduction in landscaped setbacks. 3. Adopt a resolution approving Variance No. 2007-12 as conditioned to allow a fence that exceeds the allowable height. DISCUSSION Request of Applicant Ms. Ilona Martin, representing Luis Marmol and the Brand Modeling School, is requesting approval of a conditional use permit and variances to allow a modeling school within an existing 3,500 square foot building at 601 North Baker Street. Specifically, the applicant is proposing to operate a private school and to reduce the required landscaped setbacks and to maintain a fence that exceeds the allowable height. Property Description The subject site is a 13,100 square foot, rectangular shaped parcel of land that is located on the northeast corner of Sixth and Baker Streets. The site contains a 3,500 square foot building that has been vacant since 2001 but was formerly occupied by The Women's Club of Santa Ana from 1948 until 2001. EXHIBIT A 31 B-2 Conditional Use Permit No. 2007-22 Variance Nos. 2007-10 and 2007-12 November 26, 2007 Page 2 The project site is zoned Single-Family Residential (R-1) and has a General Plan land use designation of Low Density Residential (LR-7). Surrounding land uses include single-family and multi-family residential to the north and west, and single-family residential to the south and east (Exhibits 1 and 2). Proiect Description The applicant is proposing to operate Brand Models, a private modeling school and talent agency, within a vacant, 3,500 square foot building. The school currently operates in Santa Ana and is relocating due to the expiration of their lease. The business is an establishment that represents and assists models in their career decisions. Additionally, the business provides classes for existing and potential models in the basics of modeling and prepares them for trade shows, the advertising industry, the runway industry and the television (acting and commercials) industry. The school will operate Monday through Friday from 9:00 a.m. to 6:00 p.m. A total of 19 parking spaces are required for the project while 20 spaces have been provided (Exhibits 3 and 4). Analysis of the Issues Conditional Use Permit The applicant is proposing to operate a private modeling school within a Single-Family Residential (R-1) zoning district. Section 41-232.5 (c) of the Santa Ana Municipal Code (SANG) requires a conditional use permit for any private school within the R1 zoning district. The purpose of the conditional use permit is to ensure that the proposed use will not adversely impact the surrounding neighborhood. Historically, the building was used as a community service center until 2001. The applicant is proposing to operate a less intense, private school and talent agency on the premises. Modeling, acting and related classes will be held on the premises and are generally limited to 8-12 students at one time and utilize a small portion of the building. Further, the site is screened by a landscaped fence on all sides, with the parking lot adjacent to residential uses screened by a six-foot high fence with a new five-foot wide landscaped setback. As the modeling school will be a less intense use that will have no impact on the surrounding neighborhood, staff is supportive of the conditional use permit. 31 B-3 Conditional Use Permit No. 2007-22 Variance Nos. 2007-10 and 2007-12 November 26, 2007 Page 3 Setback Variance The applicant is requesting a variance to allow a reduction in the landscaped setbacks for the project. The subject site is a legal nonconforming site as the site does not comply with the setback provisions of the zoning code and has been vacant for over one year. As a result, a variance from Section 41-234 of the SAMC to vary from the minimum setback standard of 20 feet is required for this project. The building currently meets the setback standards; however, the setback adjacent to the parking lot on Baker Street is five to six feet in width. The applicant is proposing various improvements, such as adding a loading zone and trash enclosure, installing landscaped setbacks adjacent to residential uses, and striping, that will bring the parking lot into conformance with code. The requirement of a 20-foot setback on Baker Street would result in the loss of four parking stalls and would result in a site that does not comply with the parking standards. Staff is supportive of this variance as a reduction in parking could have an adverse impact on the adjacent properties as the loss of the parking stalls could result in parking on City streets that currently are impacted by a high demand for street parking. Fence Variance The applicant is also requesting approval of a variance to maintain the existing six-foot high chain link fencing along the property lines. Section 41-610 of the SAMC requires fences on street frontages to be a maximum height of three feet on non-arterial streets (Sixth and Baker Streets) and prohibits chain link as a fencing material. The applicant is proposing to maintain the existing fence as the fence, in conjunction with the existing landscaping, serves as an amenity to the site. The chain link fence is currently screened by a mature hedge that is six feet in height. The removal of the fence would result in damage to the existing landscaping and most likely lead to its removal. Although the six-foot high fence in the front yard setback could be a barrier to the Police and Fire Departments, both departments have determined that the fence would not impact their ability to respond to calls for service. Further, the applicant is proposing to remove the visible (two pedestrian entry gates and vehicular entry gate) chain link fencing material that is no longer permitted in the residential zoning district and replace it with decorative wrought iron. 31 B-4 Conditional Use Permit No. 2007-22 Variance Nos. 2007-10 and 2007-12 November 26, 2007 Page 4 One of the goals of the Land Use Element of the City's General Plan is to preserve and improve the character and integrity of existing neighborhoods. The project will preserve the character of the surrounding neighborhood and will contribute to the general well being of the community by allowing a private school within an existing building that will minimize impacts to the adjacent residential uses. Further, the building will enhance the economic stability of the area by converting a vacant building into a vital, active property. To prevent the site from becoming an attractive nuisance, the Planning Division is recommending conditions of approval such as maintaining the perimeter landscaping and limiting signage that faces the residential uses. These conditions will assist in minimizing impacts to the adjacent residential uses. The proposed use is in compliance with various policies outlined in the General Plan Land Use Element. The use has been designed to comply with code and to minimize impacts to adjacent properties. Therefore, based upon an analysis of the project and the project's compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-22, Variance No. 2007-10 and Variance No. 2007-12 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the permitting of existing structures where no expansion is proposed. Categorical Exemption No. 2006-174 will be filed for this project. ~-~ ~' Vince Fregoso, ICP Senior Planner VF jm Vf/reports/CUP07-22&VA07-10&12.pc 31 B-5 C5 R3- R3- R3- HD II HD II HD II R3- R3- ¢ HD II HD II R3- R3- 0 Ho a Ho a R3- Hou R2 R2 R2 R P R2 R2 P R2 R2 R2 R2 P p R2 P P P P aP P P ~~ R1 R1 ~ R1 SD 17 R2 R2 0 R2~ Rl R2 ~ R3 R2 R2 R2 0 ~, 5M3 R2 R2 R2 N C2 C2 C2 +sz~ C7 _.t C2 C2 ~ C2 R2~ eaa., R7 WALNUT ST R1 R1 R1 t ¢ Rt IN ST R1 ~} R2 I ~ R1 "' Rz~i R1 N D,A~ R1 R1 I R1 Rt R1 ~ R1~iR1LL R1 ,~ R2 -. sr-I F+ae`'' _r'Z- C1 SP-1 R1 R1 R1 R1 Rt sP R1 R1 Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R7 SINGLE-FAMILY RESIDENCE C7-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT Mt LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT _ CUP 07-22NA 07-10NA 07-12 BRAND MODELING SCHOOL ..~.... ~ 601 NORTH BAKER STREET - - =500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 31 B-6 J Q J Q ~ Q Z W W ~ ~ (~ W J W W ~ w ? ~ ~ z ~ N o > ~, MULTI FAMILY RESIDENTIAL '' W J _ J -' w W z ~ ~ W w g ~ ~ a m w N 2 ~ ~ k-r ~ J ~ ~ ~' O SIN ay ' ' `• SING E FA ILY ESID NTIAL H J W LE FA ILY RE IDENTIAL .-,7; ? i; h4?~5 :"tip W ~ c7 '+a1pa °fa ~ ~ ~ SIXTH STREET SINGLE FA 11LY ESIDENTIAL S I G L FA M I L R SID N T I L W Y m SFR SINGLE FAMILY RESIDENTIAL SING E FA IL RE SIDE TIAL FIFTH ST. ~ r CUP 07-22NA 07-10NA 07-12 - BRAND MODELING SCHOOL n 601 NORTH BAKER STREET ~ P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 B-7 :, 1.~~ ~1 ~ ~ ~ ~ ~ g ~ ~ __ _ s;OLZ6 t/~ `b'N`d b'1N`dS ' ' ~ ~ s R d ~ ~; ~ ~ ~ ~ e~ 1 ~ x~~ A.. ~~& ~ -- ~ i ~g ~ .~~ ~i w~ ~ ~ 1S 2i~~1`d8 N 609 = ~ ~;1 ~sw~~ ~ ~~~ g n V~,ck, Eii pi ~ ~~3 _ ,, a~aa, JNIQllf18 JNIlSIX3 w I g ~ , ~ ~~p s ~~~ W =$ ... ti.. ~- ~ ~~.~w . __ o a G e F ~~#~ elf m in a ek'k' H _ (n ~ o *, b~ ~~g my og i ; ~ ~ ~ ~ ~ a G q .. - ~ ~ y ~ 'd 2 = a P C ~, w o h ~ _ - ~ H W Z u51 - ~' ~ ~ o N ~ ~ W w ~ e ~ ~ 4 ~ c ~ N ~W - a 4C m a a $F W i ~3 w ~ R _ 8 s £ b z !~ £ _ W e ~ ~<g m it bQ x a S ~w w a^ v ~ ~ Z ~ ~ '~ ~ ~~ ~ ~~ ~ ~ ` ~ ~ ~ ~ ~ ~ ¢ ~s€ ~~ m o< & ~ °~~ ~ ~ ~ F ..o ~ z M ~ Q $ ~ e g ~ ~~ a p `~ ~ ~ _ ff j N ~ z ~ ~o~ ~ r y Y I ~~ "6 ' ~ t ~ ~ a o p Q ~ 8 ~ ~ (7~ ~ 3$ ~ ~~ F- '~ 5 0 `~ p N~'~ , Y ~~ ~ ~@@ E j~ & a ~' Gg~ y gggg a }~ Z ~ $ ~ ~ Z~ E ~ °8 N ~ ~~~ ~ ~ ° ~ ~ ~ g ~k ia Z ~6 ~~ ~ 8 ~8 y~ ~ ~~ 8 d `_ F= € ' ~ ~ ~k € ~ dd ~ ~ ~ ~ k ~ . 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The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2007-22 to allow a private school; and Variance No. 2007-10 to allow a reduction in landscape setbacks and Variance No. 2007-12 as conditioned to allow a reduction in street frontage for the property located at 601 North Baker Street. B. Conditional Use Permit No. 2007-22, Variance No. 2007-10 and Variance No. 2007-12 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 26, 2007. C. Conditional Use Permit No. 2007-22 has been filed with the City of Santa Ana seeking to allow a private school within the Single-Family Residence (R1) district. 1. Pursuant to Santa Ana Municipal Code Section 41-6232.5, private schools may be permitted in the R1 district subject to the issuance of a conditional use permit. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The private school will contribute to the general well being of the neighborhood by providing a less intense Resolution No. 2007-39 Page 1 of 10 31 B-10 private school use within an existing residential neighborhood. Conditions have been placed on the project that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed private school will provide a service to the community by providing technical assistance in career development to residents of Santa Ana. Conditions of approval will require the use to maintain a safe parking environment that will mitigate any potential unforeseen impacts that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The site as developed is suitable for the proposed use. The private school identifies this site as a viable property as it is converting a long vacant building into a business that will generate employment for the community, thereby contributing to the economic stability of surrounding properties in the area. iv Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With approved variances for setbacks and fencing, the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed building is located in a Low Density Residential (LR) General Plan land use area. The proposed use as designed will not adversely affect the General Plan as private schools are permitted within Low Density Residential designation. In addition, the project meets the goals and policies Resolution No. 2007-39 Page 2 of 10 31 B-11 established in the Land U: Plan as the project will be residential neighborhood. e Element of the General enhance the integrity of a D. Variance No. 2007-10 has been filed with the City of Santa Ana seeking to reduce the landscaping from the required twenty (20) feet to five (5) feet as required by Section 41-434 of the Santa Ana Municipal Code. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances applicable to the subject property. The subject site is aself-contained site surrounded by existing residential uses. The setback reduction is necessary due to the existing configuration of the site and the need to maintain adequate parking on the premises. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance will preserve the property owner's ability to utilize a property that has been vacant since 2001 with a use that is less intense than the previous use and is consistent with the intent of the Single-Family Residential zoning district. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding properties as the project has been designed to preserve the character of the surrounding neighborhood. Further, conditions of approval have been incorporated that will minimize impacts to the surrounding residential neighborhood. Resolution No. 2007-39 Page 3 of 10 31 B-12 iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since the proposed private school has been designed in conformance with City Zoning, Development, and General Plan requirements. E. Variance No. 2007-12 has been filed with the City of Santa Ana seeking to allow an increase in height of the front yard fence from three (3) feet to six (6) feet and to allow the use of chain link fencing in the front yard as required by Santa Ana Municipal Code section 41-610. 1. 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, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances applicable to the subject property. The fencing for the site has been in place for several years and has incorporated landscaping to minimize visual impacts. The six-foot high fence and landscaping provide additional security to the site and act as a crime deterrent. Maintaining the six-foot high fence is necessary as it will allow the applicant to maintain a secure business establishment. 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 will preserve the property owner's ability to operate a private school on the property that will be consistent with the intent of the Single-Family Residential zoning district. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Resolution No. 2007-39 Page 4 of 10 31 B-13 The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding properties as the fence, with the existing landscaping, is in character with the surrounding neighborhood. Further, conditions of approval have been incorporated to maintain the landscaping adjacent to the existing fencing. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since the proposed use has been designed in conformance with City Zoning, Development, and General Plan requirements. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the permitting of existing structures where no expansion is proposed. Categorical Exemption No. 2006-174 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 601 North Baker Street: 1. Conditional Use Permit No. 2007-22, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a private school in the R1 district. 2. Variance No. 2007-10, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in the front yard setback. 3. Variance No. 2007-12, as conditioned in Exhibit "C" attached hereto and incorporated herein, to allow an increase in the fence height to 6 feet and to allow chain link fencing. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated November 26, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 26~' day of November, 2007 by the following vote: Resolution No. 2007-39 Page 5 of 10 31 B-14 AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Alderete, Betancourt, De La Torre, Leo, Mill, Munoz (6) None (0) Gartner (1) None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-39 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 26, 2007. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2007-39 Page 6 of 10 31 B-15 Conditions for Approval for Conditional Use Permit No. 2007-22 Conditional Use Permit No. 2007-22 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 conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2007-01. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. A minimum six-foot high wall shall be maintained at the north and east property lines to separate this use from the adjacent residential uses. 4. All site lighting shall be designed and located so as not to impact the residential properties north and east of the project. 5. Non-illuminated signs shall only be permitted on the walls of the building. 6. Landscape material shall be upgraded to a minimum of 36-inch box trees and 15-gallon shrubs within the parking lot. 7. Landscaping shall be maintained along the chain link fencing on Baker and Sixth Streets at all times. In the event the landscaping is removed or dies, the chain link fencing shall be replaced with fencing that complies with code. 8. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. Exhibit A Resolution No. 2007-39 Page 7 of 10 31 B-16 Conditions for Aaproval for Variance No. 2007-10 Variance No. 2007-10 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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 riot to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2007-01. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. A minimum six-foot high wall shall be maintained at the north and east property lines to separate this use from the adjacent residential uses. 4. All site lighting shall be designed and located so as not to impact the residential properties north and east of the project. 5. Non-illuminated signs shall only be permitted on the walls of the building. 6. Landscape material shall be upgraded to a minimum of 36-inch box trees and 15-gallon shrubs within the parking lot. 7. Landscaping shall be maintained along the chain link fencing on Baker and Sixth Streets at all times. In the event the landscaping is removed or dies, the chain link fencing shall be replaced with fencing that complies with code. 8. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. Exhibit B Resolution No. 2007-39 Page 8 of 10 31 B-17 Conditions for Aaproval for Variance No. 2007-12 Variance No. 2007-12 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this 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. Planninct Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2007-01. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. A minimum six-foot high wall shall be maintained at the north and east property lines to separate this use from the adjacent residential uses. 4. All site lighting shall be designed and located so as not to impact the residential properties north and east of the project. 5. Non-illuminated signs shall only be permitted on the walls of the building. 6. Landscape material shall be upgraded to a minimum of 36-inch box trees and 15-gallon shrubs within the parking lot. 7. Landscaping shall be maintained along the chain link fencing on Baker and Sixth Streets at all times. In the event the landscaping is removed or dies, the chain link fencing shall be replaced with fencing that complies with code. 8. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. Exhibit C Resolution No. 2007-39 Page 9 of 10 31 B-18 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2"d Floor, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2007-39 (Conditional Use Permit No. 2007-22 and Variance Nos. an m this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Ilona Martin/Luis Marmol PO Box 2696 Newport Beach, CA 92659 [ ] 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. 2007-39 Page 10 of 10 31 B-19 31 B-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: ORDINANCE AMENDING THE MUNICIPAL CODE REGULATING PARADES AND SPECIAL EVENTS i C MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance amending Sections 10-7, 10-9, 10-22, and 10-22.2 of the Santa Ana Municipal Code relating to parade and special events permits. DISCUSSION The City of Santa Ana Municipal Code currently regulates the process for issuance of permits for parades and special events within the City of Santa on public property. Currently, Sections 10-7, 10-9 and 10-22, 10- 22.2 of the Santa Ana Municipal Code set forth the definitions, permit application requirements and deadlines for conducting a parade or a special event on public property. In order to adequately manage the process and to ensure the most effective use of the City's limited resources while safeguarding residents and visitors during these events, amendments to the Santa Ana Municipal Code are necessary. These amendments include establishing the time frame for the submission of permit applications and a requirement for a petition signed by at least eighty percent of all residents and businesses impacted by a special event to ensure support for the special event by the residents or businesses affected. These amendments are needed to clarify the application requirements and to allow adequate time for the City Manager and/or his staff to process permit applications for said activities. The proposed amendments will provide the City with the opportunity to fully evaluate the resources needed to support parades and special events and ensure that those resources can be adequately distributed and managed. 50A-1 Ordinance Amending the Municipal Code Regulating Parades and Special Events December 3, 2007 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. .~ ~, Paul M. Walters Chief of Police Police Department PMW/NTE/mlr H:\ACTION ITEMS\COUNCIL\2007 CC\OrdAmendMuniCodeRegulatingParades&SpEvents 12-3-07.doc 50A-2 ORDINANCE NO. NS-XXX LCP 12/03/07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 10-7, 10-9, 10-22 AND 10-22.2 OF THE SANTA ANA MUNICIPAL CODE, RELATING TO PARADE AND SPECIAL EVENTS PERMITS. 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. Currently, Sections 10-7, 10-9 and 10-22, 10-22.2 of the Santa Ana Municipal Code set forth the definitions, permit application requirements and deadlines for conducting a parade or a special event on public property within the City of Santa Ana ("City"). B. The City supports and encourages the organizing of parades and special events on the public right-of-way within the City. C. The popularity and frequency of said activities has increased, particularly in the downtown area public right-of-way of the City. D. The City has limited resources, including staff and law enforcement, to devote and support the organization, coordination, and security of said activities. E. To ensure an adequate use of City resources, to provide the best customer service to parade and/or special event permit applicants, and to assure the success of the activities, while safeguarding Santa Ana residents and visitors during said activities, it is appropriate to amend the ordinance to clarify the application requirements and allow adequate time for the City Manager and/or City staff to process permit applications for said activities on public right-of-way within the City. F. The amendments to the ordinance shall not apply to parade or special event permits already issued for parades or event on public right-of- waywithin the City. G. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Ordinance No. NS-X;XX Page 1 of 5 50A-3 section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 10-7 of the Santa Ana Municipal Code is amended to read in full as follows (deletions are stricken out and additions are underlined): Sec. 10-7. Parades--Definitions. As used in this article, the following definitions shall apply: (a) "Parade" means any parade, march, procession, ceremony, exhibition, or pageant of any kind, consisting of people, animals or vehicles, or combination thereof, upon any public street, sidewalk or alley, which does not comply with normal and usual traffic regulations and controls. (b) "Person" means and includes any individual, firm, partnership, association, corporation, company, or organization of any kind. (c) "City Manager" means the City Manager of the City of Santa Ana or designee. Section 3. Section 10-9 of the Santa Ana Municipal Code is amended to read in full as follows (deletions are stricken out and additions are underlined): Sec. 10-9. Same--Application for permit. (a) Each application for a permit to conduct a parade shall be accompanied by proof that a nonrefundable fee as established by resolution of the city council has been deposited with the police department for the purpose of paying the cost of processing said application. (b) Any person desiring to conduct a parade shall apply to the city manager for a permit no earlier than one hundred eighty (180) days or later than thirty (30) days in advance of the date of the proposed parade. The city manager may, for good cause shown, consider any application for a permit to conduct a parade which is filed less than thirty (30) days prior to the date such parade is to be conducted. The application for such permit shall be on a form provided by the city manager, shall be verified, and shall contain the following information: (1) The name, address and telephone number of the person seeking to conduct a parade; Ordinance No. NS-XXX Page 2 of 5 50A-4 (2) If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization, and of the responsible officer of such organization; (3) The name, address and telephone number of the parade chairman, or the person otherwise responsible for its conduct (such person shall be present during the entire parade); (4) The date on which the parade is to be held; (5) The route to be traveled, if any, including the starting point and termination point, including a map and written narrative of the route (6) The approximate number of persons, animals, and vehicles taking part in the parade, including the type of animals and description of vehicles; (7) The hours at which the parade will start and terminate; (8) Whether such parade will occupy all or only one-half (1/2) of the width of the streets proposed to be traversed; (9) The location by streets of assembly and disassembly of such parade; (10) The time at which units of the parade will begin assembly in the assembly area; (11) The maximum length or the components of the parade; and (12) Such additional information as the city manager shall deem reasonably necessary in determining whether or not the permit shall issue under the standards set forth below. Section 4. Section 10-22 of the Santa Ana Municipal Code is amended to read in full as follows (deletions are stricken out and additions are underlined): Sec. 10-22. Special events--Definitions. As used in this article, the following definitions shall apply: Special event means the temporary use of public property for the purpose of conducting certain outdoor, short-term events and includes, but is not limited to, promotional or fund-raising activities, athletic or sporting events, art shows, sidewalk sales, live musical events, community celebrations and observances, or neighborhood activities such as block parties, which are conducted in whole or in part on city-owned or controlled public property. The term "special event" does not include events conducted at Eddie West Stadium, to the extent governed by Ordinance No. NS-XXX Page 3 of 5 50A-5 article 6 of chapter 2 of this Code, or to events conducted at city parks, recreation or community facilities to the extent governed by article 6 of chapter 2 of this Code, or to events conducted at city parks, recreation or community facilities to the extent governed by chapter 31 of this Code, or to events as governed by section 41-195.5 of this Code. City Manager means the City Manager of the Citv of Santa Ana or desianee. Section 5. Section 10-22.2 of the Santa Ana Municipal Code is amended to read in full as follows (deletions are stricken out and additions are underlined): Sec. 10-22.2. Same--Application for permit. (a) Each application for a permit to conduct a special event shall be accompanied by proof that a nonrefundable fee as established by resolution of the city council has been deposited with the police department for the purpose of paying the cost of processing said application. (b) Any person desiring to conduct a special event shall apply to the city manager for a permit no earlier than one hundred eighty (180) or later than thirty (30) days in advance of the date of the proposed special event. The city manager may, for good cause shown, and upon payment of an accelerated processing fee, consider any application for a permit to conduct a special event which is filed less than thirty (30) days prior to the date such special event is to be conducted. The application for such permit shall be on a form provided by the city manager, shall be verified, and shall contain the following information: (1) The name, address and telephone number of the person seeking to conduct a special event; (2) If the special event is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization, and of the responsible officer of such organization; (3) The name, address and telephone number of the special event, or the person otherwise responsible for its conduct (such person shall be present during the special event); (4) The date on which the special event is to be held; (5) The route to be traveled, if any, including the starting point and termination point; (6) The approximate number of persons, animals, and vehicles taking part in the special event, including the type of animals and description of vehicles, and any amplified sound systems to be used; Ordinance No. NS-XXX Page 4 of 5 50A-6 (7) The approximate hours at which the special event will start and terminate; (8) Whether alcohol is to be served or sold; (9) The location by streets of assembly and disassembly of such special event; (10) A petition signed by at least 80% of all the residents and businesses within the enclosed street closure boundaries wherein pedestrian and vehicular ingress and egress is impacted by the special event a#esfe~T-t"° c^°^~^~ ^~~^^+. The Police Chief or designee shall establish guidelines to govern the petition process; (11) A site plan showing what public property will be used and where any items will be placed on public property; (12) An agreement that the city shall be compensated for any damage to public property, and that the site shall be cleaned and restored to the condition in which it was found prior to the holding of the special event, or compensate the city for any and all associated clean-up costs; and (13) Such additional information as the city manager shall deem reasonably necessary in determining whether or not the permit shall issue under the standards set forth below. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Ordinance No. NS-XXX Page 5 of 5 50A-7 By: Lorena C. Penaloza Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-~;XX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 6 of 5 50A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN PERTAINING TO NEW MINIMUM WAGE RATE ,` ~ ' ~~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution amending the City's Basic Classification and Compensation Plan (Resolution No. 82-110) to ensure City compliance with the new California minimum wage. DISCUSSION A minimum wage law (Assembly Bill 1835) adopted by the California State legislature last year establishes the minimum wage for all employees in the State of California at $8.00 per hour, effective on and after January 1, 2008. This resolution amends the City's Basic Classification and Compensation Plan to increase the hourly wage rates for eight (8) part-time classification titles to ensure compliance with this new minimum wage requirement. FISCAL IMPACT Funds are available in the affected departmental accounts, object code 6131. APPROVED AS TO FUNDS AND ACCOUNTS: nriqu A Francisco Gutierrez Execu e D ctor Executive Director C~ Personnel Services Department Finance & Management Services Agency 55A-1 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82-110 TO AMEND THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN TO PROVIDE PAY INCREASES FOR EIGHT PART TIME TITLES, TO ENSURE COMPLIANCE WITH STATE MINIMUM WAGE LAW. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines, and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install, and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82-110 revising and re-establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana. C. The State of California has adopted a minimum wage law requiring that a new minimum wage rate be put into effect on January 1, 2008. Hourly pay rates assigned to one unaffiliated and seven represented part-time classification titles need to be adjusted accordingly, to ensure City compliance with this mandate. D. It is now desired to amend Council Resolution No. 82-110, as amended, in order to effect these changes. Section 2: That Section 3.5.1 Classification Titles and Wage Rates for Unaffiliated Categories of Non-Civil Service Part-Time Employment of Resolution No. 82-110, as amended, be further amended by adjusting the hourly wage rates assigned to one classification title as set forth below: Hourly Wage Rates Effective 1/01/08: Classification Title Step A Step B Step C Step D Step E Student Intern $8.00 $8.40 $8.82 $9.26 $9.72 55A-2 Section 3: That Section 3.5.2 Classification Titles and Wage Rates for Long- Term Represented Categories of Non-Civil Service Part-Time Employment of Resolution No. 82-110, as amended, be further amended by adjusting the hourly wage rates assigned to seven classification titles as set forth below: Hourly Wage Rates Effective 1/01/08: Classification Title Step A Step B Step C Step D Step E Clerical Assistant $8.00 $8.40 $8.82 $9.26 $9.72 General Assistant $8.00 $8.40 $8.82 $9.26 $9.72 Maintenance Aide I $8.00 $8.40 $8.82 $9.26 $9.72 Page $8.00 $8.40 $8.82 $9.26 $9.72 Program Leader I $8.00 $8.40 $8.82 $9.26 $9.72 Recreation Program $8.00 $8.40 $8.82 $9.26 $9.72 Leader (T) Sports Attendant $8.00 $8.40 $8.82 $9.26 $9.72 Section 4: That except as amended by this Resolution, all other provisions of Resolution No. 82-110, as amended, shall remain in full force and effect. Section 5: That this Resolution shall be operative from and after January 1, 2008. ADOPTED this 3rd day of December, 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney 55A-3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN AND ANNUAL BUDGET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S~ Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution that amends the City's Basic Classification and Compensation Plan (Resolution No. 82-110) and amends the Fiscal Year 2007-08 Annual Budget to add three positions. DISCUSSION The Public Works Agency has completed an inventory of all the City's streets that includes their general lifespan condition. Based on staff's assessment, an immediate infusion of funds to rebuild the City's neighborhood streets will enhance the City's ability to improve these streets as well as implement a long-term preventive maintenance program. To achieve this goal, staff is in the process of finalizing bonds that will infuse approximately $60 million into the neighborhood street improvement initiative. In anticipation of bond closing that is scheduled for the latter part of December, and in consideration of the significant increase in workload over the next several years, the Public Works Agency is requesting the addition of two Assistant Engineer II positions and one Construction Inspector II position. The positions will provide much needed assistance in the design and inspection of the various projects under the Neighborhood Street Initiative. 55B-1 Classification/Compensation Plan December 3, 2007 Page 2 of 2 FISCAL IMPACT Assuming an effective date of January 1, 2008, the cost for two additional Assistant Engineer II positions and one Construction Inspector II position is $87,396 and $35,430 for the remainder of the fiscal year, respectively. Funding will be administered through the Capital Improvement Program using available bond proceeds. APPROVED AS TO FUNDS AND ACCOUNTS: Enrique J. Alva Executive Director Personnel Services cutive Director lic Works Francisco Gutierrez Executive Director Finance & Management Services Agencyl~- 55B-2 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO ADD TWO FULL TIME ASSISTANT ENGINEER II POSITIONS AND ONE FULL TIME CONSTRUCTION INSPECTOR II POSITION IN THE PUBLIC WORKS AGENCY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. On July 2, 2007, the City Council passed and adopted Ordinance No. NS-2752, establishing the City's Annual Budget and authorizing position allocations for Fiscal Year 2007-2008. The Ordinance also sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. B. In anticipation of the $60 million neighborhood street improvements bonds proceeds, the Public Works Agency has determined there will be a need to meet the increased design and inspection workload. C. The Executive Director of the Public Works Agency proposes to add two full time Assistant Engineer II positions and one full time Construction Inspector II position to the Public Works Agency's budget to effectively manage the increased workload. D. It is now desired that the Annual Budget for Fiscal Year 2007-2008, as amended, be further amended in order to effect this change. Section 2: That the Annual Budget for Fiscal Year 2007-2008, as amended, be further amended by: A. Allocating two Assistant Engineer II positions as shown below: 6-Step Salary Monthly Salary Classification Title Rate Range (SRR,~ Minimum -Maximum Assistant Engineer II 678 $5,706 - $7,283 B. Allocating one Construction Inspector II position as shown below: 6-Step Salary Monthly Salary Classification Title Rate Range (SRR) Minimum -Maximum Construction Inspector II 635 $4,624 - $5,905 55B-3 Section 3: That except as amended by this Resolution, all other provisions of the Annual Budget for Fiscal Year 2007-2008, as amended, shall remain in full force and effect. Section 4: This Resolution shall be operative from and after its date of adoption. ADOPTED this 3rd day of December, 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Patricia E. Healy Clerk of the Council City of Santa Ana 55B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2007 TITLE: RESOLUTIONS APPROVING AGREEMENTS AND FINANCING DOCUMENTS FOR LOCAL STREET FINANCING CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing and directing the preparation and execution of certain financing documents including a certificate purchase agreement, and authorizing the distribution of an Official Statement. Santa Ana Financing Authority Adopt a resolution authorizing and directing the preparation and execution of certain financing documents including a certificate purchase agreement, and authorizing the distribution of an Official Statement. DISCUSSION The Public Works Agency has completed an inventory of all the City's streets that includes their general lifespan condition. Based on staff's assessment, an immediate infusion of funds to rebuild the City's neighborhood streets will enhance the City's ability to address all neighborhood streets and implement a long-term preventive maintenance program. Based on this strategy, it is recommended that over the next five years, $100 million be invested toward rebuilding and repairing City streets. To achieve this initiative, bonds in the amount of $60 million dollars are needed to complete the $100 million investment. Neighborhood street improvements will include grind and overlay, reconstruction, and critical concrete repair of sidewalk, curb and gutter. In order to explore bonding alternatives and capacity, a financing team consisting of a financial advisor (Fieldman, Rolapp & Associates), an underwriter (De La Rosa & Co.), bond counsel (Orrick, Herrington & Sutliffe), and disclosure counsel (Quint & Thimmig) was retained. Upon evaluation the team is recommending the use of an installment-sale 80A-1 Street Rehabilitation Financing December 3, 2007 Page 2 Certificates of Participation (COP) financing structure that utilizes Gas Tax Revenue as the pledge to repay the certificates. The use of this innovative financing structure has several advantages. First, it utilizes an existing, stable revenue source already designated for the design, construction, maintenance, and operation of public streets and highways. Second, it does not require the pledge of any General Fund monies as collateral for debt payments. The COP installment sale also allows bonding capacity to exceed the 25% debt service limit allowed through a straight revenue bond structure as authorized under the California Streets and Highways Code. Lastly, the financing structure is exempt from the State's constitutional debt limit thereby preserving the City's ability to capitalize on existing bond capacity should it be necessary in the future. On August 20, 2007 the City Council approved the execution of the Installment Sales Agreement between the City of Santa Ana and the Santa Ana Financing Authority. The agreement permits the purchase of the street improvements from the Santa Ana Financing Authority who then assigns the improvements back to the City for completion. In addition, Council approved a Trust Agreement between the Santa Ana Financing Authority and the Bank of New York. The Trust Agreement reassigns all debt payments to the Bank of New York as the trustee. Finally, the Council authorized the City to initiate the validation process that assigns the use of Gas Tax revenues as a special fund and pledge. On November 16, 2007, a judgment was entered by the Orange County Superior Court validating the use of the gas tax pledge. A 30-day appeal period will expire on December 16, 2007. In conjunction, City staff along with Fieldman, Rolapp and Associates (financial advisor) and De La Rosa & Co (underwriter) prepared a credit presentation for Standard & Poor's consideration. Recently, the City received a solid A credit rating and is now preparing for the bond insurance solicitation process. Upon Council approval of the recommended action and conclusion of the 30-day appeal period, bond certificate pricing and issuance will commence. It is anticipated that bond closing would occur during the latter part of December. In an adjoining action the Public Works Agency is requesting the addition of two Assistant Engineer II positions and one Construction Inspector II position. The positions will provide much needed assistance in the design and inspection of the $100 million dollar Neighborhood Street initiative. 80A-2 Street Rehabilitation Financing December 3, 2007 Page 3 FISCAL IMPACT Approval of the resolutions and related agreements authorizes staff to prepare certain financing documents relating to local street improvements totaling $60 million dollars. A total cap including issuance costs is not to exceed $70 million and 6% per annum. James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~C~r a > 1 s\ w ~ nom. . Francisco Gutierrez Executive Director Finance & Management Services Agency 80A-3 JW F 11 /19/2007 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTION AND DELIVERY OF A CERTIFICATE PURCHASE AGREEMENT AND AUTHORIZING THE DISTRIBUTION ON AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH CERTIFICATES, AND OTHER MATTERS RELATING THERETO, AND RATIFYING ACTION PREVIOUSLY TAKEN OR APPROVED TO BE TAKEN, INCLUDING THE EXECUTION AND DELIVERY OF AN INSTALLMENT SALE AGREEMENT AND THE EXECUTION AND DELIVERY OF CITY OF SANTA ANA, CALIFORNIA, GAS TAX REVENUE CERTIFICATES OF PARTICIPATION (2007 LOCAL STREET IMPROVEMENT PROJECT) PURSUANT TO A TRUST AGREEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Santa Ana Financing Authority (the "Authority") is empowered to assist the City of Santa Ana (the "City") in financing certain public capital improvements pursuant to Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California and pursuant to that certain Joint Exercise of Powers Agreement by and between the City of Santa Ana and the Community Redevelopment Agency of the City of Santa Ana, dated August 1, 1993; B. The City has previously determined, pursuant to Resolution No. 2007-062, adopted by the City Council of the City on August 20, 2007 (the "Initial City Resolution"), to enter into a 2007 Installment Sale Agreement with the Authority, (the "Installment Sale Agreement") in order to apply certain motor vehicle fuel tax revenues received by the City to acquire certain public capital improvements consisting of street resurfacing and related improvements (as more fully described in the Installment Sale Agreement) for the benefit of the City in accordance with Article XIX, Section 1 of the California Constitution (collectively, the "Street Improvement Project"); C. In order to provide for the delivery of the City of Santa Ana, California, Gas Tax Revenue Certificates of Participation (2007 Local Street Improvement Project) (the "Certificates") and to establish and declare the terms and Resolution No. 2007-XXX Page 1 of 4 80A-4 conditions upon which the Certificates are to be executed and delivered and secured, the Authority, pursuant to Resolution No. SAFA-2007-002, has previously determined to enter into a Trust Agreement with The Bank of New York Trust Company, N.A. (the "Trust Agreement"); D. E.J. De La Rosa & Co., Inc., as underwriter (the "Underwriter"), has submitted to the City and the Authority a proposed form of an agreement to purchase the Certificates in the form of a Certificate Purchase Agreement (the "Certificate Purchase Agreement"); E. A form of the Preliminary Official Statement (the "Preliminary Official Statement") to be distributed in connection with the public offering of the Certificates has been prepared; and F. All acts, conditions and things required by the laws of the State of California and the City Charter of the City to exist, to have happened and to have been performed precedent to and in connection with the consummation of such financing authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the City is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such financing for the purpose, in the manner and upon the terms herein provided; Section 2. The form of Certificate Purchase Agreement, on file with the Clerk of the Council, is hereby approved, and the City Manager, the City Attorney, the Clerk of the Council, the City Treasurer and the Executive Director of Finance and Management Services of the City (the "Authorized Officers") are each hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Certificate Purchase Agreement in substantially said form, with such changes therein as the Authorized Officer executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof; provided, however, that the aggregate amount of the Certificates shall not exceed $70,000,000, the final maturity date of the Certificates shall be no later than January 1, 2040, the true interest cost applicable to the Certificates shall not exceed 6.00% per annum and the underwriter's discount for the sale of the Certificates shall not exceed 1.0% of the aggregate principal amount of such Certificates. Section 3. The execution and delivery of the Certificates, on the terms and conditions set forth in, and subject to the limitations specified in, the Trust Agreement, is hereby authorized and approved. The Certificates shall be dated, shall bear interest at the rates, shall mature on the dates, shall be subject to call and redemption, shall be issued in the form and shall be as otherwise provided in the Trust Agreement, as the same shall be completed as provided in this Resolution. Section 4. The form of Preliminary Official Statement, on file with the Clerk of the Council, with such changes, insertions and omissions therein as may be approved Resolution No. 2007-XXX Page 2 of 4 80A-5 by an Authorized Officer, is hereby approved, and the use of the Preliminary Official Statement in connection with the offering and sale of the Certificates is hereby authorized and approved. The Authorized Officers are each hereby authorized to certify on behalf of the City that the Preliminary Official Statement is deemed final as of its date, within the meaning of Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 (except for the omission of certain final pricing, rating and related information as permitted by such Rule). Section 5. The preparation and delivery of an Official Statement, and its use in connection with the offering and sale of the Certificates, is hereby authorized and approved. The Official Statement shall be in substantially the form of the Preliminary Official Statement with such changes, insertions and omissions as may be approved by an Authorized Officer, such approval to be conclusively evidenced by the execution and delivery thereof. The Authorized Officers are each hereby authorized and directed, for and in the name of and on behalf of the City, to execute the final Official Statement and any amendment or supplement thereto for and in the name and on behalf of the City. Section 6. The Authorized Officers and other officers, employees and agents of the City are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable in order to consummate the transactions herein authorized and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution. Section 7. All of the findings, terms and provisions of the Initial City Resolution are hereby ratified, confirmed and approved. Section 8. All actions heretofore taken by the various officers, employees and agents of the City with respect to the transactions set forth above are hereby approved, confirmed and ratified. Section 9. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 3rd day of December, 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Joseph W. Fletcher, City Attorney Resolution No. 2007-XXX Page 3 of 4 80A-6 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- be the original resolution adopted by the City Council of the City of Santa Ana on December 3, 2007. Date: Clerk of the Council City of Santa Ana Resolution No. 2007-XXX Page 4 of 4 80A-7 80A-8 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: DECEMBER 3, 2007 TITLE: LOAN AGREEMENTS WITH TOWNSEND & RAITT, LLC AND AUTHORIZATION OF RELOCATION PLANS ~ L~i~C~G~ CITY MA AGER XECUTIV DIRECTOR CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its Regular Meeting of November 20, 2007, the Community Redevelopment and Housing Commission voted against recommending the actions for City Council and Community Redevelopment Agency consideration listed below by a vote of 2:3 (Pedroza, Rodriguez, Vasquez: No; Turner: absent), respectively. The questions and concerns raised by the Community Redevelopment and Housing Commission members included the following: Need for Recommendation at Meeting; Alternative Funding Sources; Timing of Acquisition; Identification of Location; Neighborhoods with Similar Need; Availability of Social Services; Temporary Relocation; and Remaining Tax Increment Funds. Staff had recommended approval because the proposed activity would continue to expand the City's historic efforts and commitment to stabilize neighborhoods and provide quality affordable housing opportunities. The amount of per unit subsidy is consistent with prior approved projects. This was an opportunity to begin stabilization of this neighborhood utilizing funding which is designated for the expansion and preservation of affordable housing. RECOMMENDED ACTION Deny. If the City Council wishes to approve this project, the following actions are necessary. 80B-1 Loan Agreements with Townsend & Raitt, LLC and Authorization of Relocation Plans December 3, 2007 Page 2 CITY COUNCIL ACTION 1. Direct the City Attorney to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 701 S. Townsend Street in an amount not to exceed $545,712 and authorize the Deputy City Manager for Development Services or designee to execute all required documents. 2. Direct the City Attorney to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 709 S. Townsend Street in an amount not to exceed $682,140 and authorize the Deputy City Manager for Development Services or designee to execute all required documents. 3. Adopt a resolution approving the Relocation Plan for residential properties located at 701 and 709 S. Townsend Street. 4. Direct the City Attorney to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 817 S. Townsend Street in an amount not to exceed $409,284 and authorize the Deputy City Manager for Development Services or designee to execute all required documents. 5. Direct the City Attorney to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 821 S. Townsend Street in an amount not to exceed $409,284 and authorize the Deputy City Manager for Development Services or designee to execute all required documents. 6. Direct the City Attorney to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 834 S. Raitt Street in an amount not to exceed $545,712 and authorize the Deputy City Manager for Development Services or designee to execute all required documents. 7. Adopt a resolution approving the Relocation Plan for residential properties located at 817 and 821 S. Townsend Street, and 834 S. Raitt Street. 80B-2 Loan Agreements with Townsend & Raitt, LLC and Authorization of Relocation Plans December 3, 2007 Page 3 COMMUNITY REDEVELOPMENT AGENCY ACTION 1. Direct the Agency General Counsel to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 701 S. Townsend Street in an amount not to exceed $1,200,326 and authorize the Executive Director or designee to execute all required documents. 2. Direct the Agency General Counsel to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 709 S. Townsend Street in an amount not to exceed $1,063,898 and authorize the Executive Director or designee to execute all required documents. 3. Direct the Agency General Counsel to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 817 S. Townsend Street in an amount not to exceed $1,333,201 and authorize the Executive Director or designee to execute all required documents. 4. Direct the Agency General Counsel to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 821 S. Townsend Street in an amount not to exceed $1,436,203 and authorize the Executive Director or designee to execute all required documents. 5. Direct the Agency General Counsel to prepare a loan agreement with Townsend & Raitt, LLC for the acquisition and rehabilitation of residential property located at 834 S. Raitt Street in an amount not to exceed $1,365,662 and authorize the Executive Director or designee to execute all required documents. T1 T C f'TT C C Tl1AT The City of Santa Ana has recently formed an interagency task force comprised of the Police Department, Public Works, Planning and Building and the Community Development Agency for the purpose of addressing the multiple quality of life issues that exist in the Townsend-Raitt area. This area is bounded by Raitt Street on the east, McFadden Avenue on the south, an alley on the west, and Monta Vista Street on the north. In a survey conducted by the task force, two of the major issues identified by tenants as impacting the quality of their lives are the dilapidated housing and the high cost of rents. Census updates indicate that in 80B-3 Loan Agreements with Townsend & Raitt, LLC and Authorization of Relocation Plans December 3, 2007 Page 4 2006 the median household income in this area was $33,304, while it was $54,000 for the City as a whole and $78,300 for Orange County. Townsend & Raitt, LLC is comprised of Orange Housing Development Corporation, a non-profit 501(c)(3) (OHDC), and C & C Development Co., LLC. They are currently in escrow to purchase and rehabilitate four 10 unit and one 11 unit apartment buildings in this area. These units are located at 701, 709, 817 and 821 S. Townsend Street and 834 S. Raitt Street (Exhibit 1) . Both OHDC and C & C Development have many years of successful experience owning and operating apartment buildings in other areas facing similar challenges. In Santa Ana they own and operate twenty buildings in the Cornerstone Village project area and recently acquired seventeen buildings in the Wilshire-Minnie area. Part of their success stems from their practice of hands-on management with an emphasis on fair and consistent enforcement of lease agreement conditions. Fifty of the fifty-one total units will be restricted to occupancy by fifty percent (very low-income) of the Area Median Income (AMI). One unit will be reserved for the manager. Rents for one-bedroom units will be $781 and $935 for two-bedroom units. Current residents whose incomes exceed eighty percent of the AMI will be allowed to remain. Rents for these households will be increased to either thirty percent of their monthly household income or market rent for the neighborhood, whichever is lower. The total cost to acquire and rehabilitate the five buildings is $11,008,813. In addition to the City and Agency loans, funding sources include below market rate community investment loans in a total amount of $2,017,391 from Washington Mutual Bank. Exhibit 2 includes a summary of the sources and uses. Other funding sources were evaluated by CSG Advisors, the Agency's financial advisor, to determine if the City and Agency resources could be further leveraged. These sources included tax-exempt mortgage revenue bonds and Low-Income Housing Tax Credits (LIHTC) The difference between the interest rates available through tax exempt bonds and the Washington Mutual loan offered through its Community Lending Division was negligible due to the nominal amount of supportable first trust deed and the high cost of issuance of tax exempt bonds. In regard to the LIHTCs, there would be an exit tax liability of approximately $1 million to the tax credit partners. This liability occurs because the financial benefit received by the tax credit partners exceeds the initial investment. As a result of the very low-income rents, it is not 80B-4 Loan Agreements with Townsend & Raitt, LLC and Authorization of Relocation Plans December 3, 2007 Page 5 possible for the project to generate the income necessary to meet this additional obligation. When a Redevelopment Agency enters into an agreement for the acquisition or disposition and development of property, which agreement would lead to the displacement of people from their homes, the legislative body must adopt, by resolution, a relocation plan. The draft Relocation Plans for 701 S. Townsend Street and 709 S. (Exhibit 3) and for 817 S. Townsend, 821 S. Townsend and 834 S. Raitt (Exhibit 4) have been prepared in conformance with applicable provisions of California Relocation Assistance Law and Relocation Guidelines as well as United States Department of Housing and Urban Development (HUD) guidelines. These plans are required due to the potential for temporary relocation of households. The plan for 701 and 709 S. Townsend does not foresee a need for any permanent relocation of households, and estimates the cost of temporary relocation at $22,500. The draft plan for 817 S. Townsend, 821 S. Townsend and 834 S. Raitt does not foresee a need for any permanent relocation of households, and estimates the cost of temporary relocation at $45,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act and the National Environmental Policy Act, the proposed project is exempt from further review. Categorical Exemption No. ER 2007-201 will be filed for this project. FISCAL IMPACT Funds for the acquisition and rehabilitation loans are available in the HOME Program in the amount of $2,592,132 (account no. 130-148-6951) and Tax Increment Housing Set-Aside Fund in the amount of $6,399,290 (account no. 507-936-6951). APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~' n r Shell Landry- ayle(j Francisco Gutierrez Housing Manager J Executive Director Community Development Agency Finance & Management Services Agency SGH/SLB/mlr H:\ACTION ITEMS\COUNCIL\2007 CC\JT CC-CRA LoanAgreeTownsendRaitt&AuthorofRelocPlans 12-3-07.doc 80B-5 w ~' ,~ ± ~~ 1 ~~ , . ~ a MONTA V4STA AVENUE ~ `z?T~ ~~~ ua w w t- z w U AVENUE MC FAp©EN i d nr 70`1 To4~~~~~tsend Street 70g To~~^~r7send Street 817 Tat^n nser~d Street Exhibit 1 821 Ta~~rnsend Street 834 Rant Street ~:~1 souRCES alm uses >aunc>~~ Funding Sources 701 S. Townsend 709 S. Townsend 817 Townsend 821 Townsend 834 Rant Total Washington Mutual Conventional Loan 381,040 381,040 457,527 341,431 456,353 2,017,391 Community Redevelopment Agency {Horsing Setaside} 1,200,326 1,063,$98 1,333,201 1,436,203 1,365,662 6,399,290 City of Santa Ana {HOME Funds) 545,712 682,140 404,284 409,284 545,712 2,592,132 2,127,078 2,127,078 2,200,012 2,186,918 2,367,727 11,008,813 Funding uses 701 S. Townsend 709 S. Townsend 817 Townsend 821 Townsend $34 Raitt Total Acquisition 1,285,000 1,285,000 1,350,000 1,350,000 1,450,000 6,720,000 Residential Construction and Related Casts 842,078 842,078 850,012 836,418 917,727 4,288,813 2,127,078 2,127,078 2,200,012 2,186,918 2,367,727 11,008,813 EXHIBIT 2 701- 709 S. Townsend Street Project DRAFT RELOCATION PLAN Prepared for: Orange Housing Development Corporation & C&C Development Co., LLC 1110 E. Chapman Avenue, Suite 200 Orange, CA 92866 (714) 288-7600 By: Overland, Pacific & Cutler, Inc. 10 Hughes, Suite A207 Irvine, California 92618 949-951-5263 October 30, 2007 EXHIBIT 3 ~i~~ ~ i~ TABLE OF CONTENTS INTRODUCTION I I. PROJECT DESCRIPTION 2 A. REGIONAL LOCATION 2 B. PROJECT SITE LOCATION & DESCRIPTION 3 C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS 4 II. ASSESSMENT OF RELOCATION NEEDS 5 A. SURVEY METHOD 5 B. RESULTS 5 III. THE TEMPORARY RELOCATION PROGRAM A. ADVISORY ASSISTANCE B. TEMPORARY RELOCATION BENEFITS C. PERMANENT RELOCATION BENEFITS D. POST-REHABILITATION E. PROGRAM ASSURANCES AND STANDARDS IV. ADMINISTRATIVE PROVISIONS A. NOTICES B. EVICTION POLICY C. CITIZEN PARTICIPATION D. IMMIGRATION STATUS E PROJECTED DATE OF DISPLACEMENT F. ESTIMATED RELOCATION COSTS LIST OF TABLES G 6 6 7 7 7 8 8 8 9 9 10 10 TABLE 1: 2000 Census Population -City of Santa Ana & Impacted Tract 4 TABLE 2: 2000 Census Housing units - City of Santa Ana & Impacted Tract 4 LIST OF EXHIBITS EXHIBIT A: Residential Interview Form EXHIBIT B: General Information NoticeMotice of Non-Displacement EXHIBIT C: Public comments and Response ~~~j ~ J INTRODUCTION The Orange Housing Development Corporation and C&C Development Co., LLC (the "Developer") has authorized the preparation of a Relocation Plan to be undertaken in connection with the commencement of their proposed rehabilitation project, the 701-709 S. Townsend Street Project (the "Project") in Santa Ana, CA. The Project requires the acquisition of two parcels on which there are two 10-unit buildings totaling 20 apartment units. The Developer plans to fully rehabilitate the units, including new kitchens, bathrooms, flooring, finished carpentry, appliances, electrical and HV/AC. The units will then be converted to affordable housing units comprised of 20 one-bedroom units. These units will be offered to new tenants who are 50% or below area median income. In addition, airy existing tenants who are 80% or below area median income will be "grandfathered" and considered eligible to remain within the Project. Those current households, who are considered "over-crowded" (needing more than two bedrooms based on a 2+2 occupancy standard), will also be grandfathered and will qualify to remain within the Project in one of the rehabilitated units. New tenants will be held to a 2+2 occupancy standard (two people per bedroom and two people in an additional room such as a living room or den). As of this date, the Project will cause the permanent displacement of no residential households. Two households have chosen to move by their own initiative, although they did receive a General Information Notice/Notice ofNon-Displacement, which advised them they would not be eligible for permanent relocation benefits, if they moved of their own choice. The needs and characteristics of the displacee population and the Developer program to provide assistance to each affected person are general subjects of this Relocation Plan (Plan). The Developer anticipates funding for the Project will be provided by tax increment and HOME funds. This Plan conforms to the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), the California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines). This Plan is organized into four sections: 1. Project description (SECTION I); 2. Assessment of the project occupants and their needs (SECTION II) 3. Description of the Developer's temporary relocation program (SECTION III); 4. Description of the Developer's outreach efforts, project timeline and budget (SECTION IV). 80B-10 I. PROJECT DESCRIPTION A. REGIONAL LOCATION The Project is located in the City of Santa Ana within Orange County. Santa Ana is located in the middle section of Orange County, approximately 35 miles southeast of downtown Los Angeles and is immediately accessible from Highways 22 and 55 and Interstate 5. Adjacent communities include Garden Grove, Orange, Tustin, Irvine and Fountain Valley. (See Figure 1: Regional Project Location) - br~~a __ I 4 tis I ~ W LiR .` ` I ~ _ ~ •4 ~•, ' l• ~ 1'8~_II I y ~'. _ III ~ ~edl R~ i~"~. ,y~18a11- d _1~V ~II. Rd ~,~ ,, Gj;ip ~s!3' ~ Ida on C~A~L l~~~. ~ I G I Village l~arif, ~ ~. Jl _ _ Edinger. Rive r rk ~, L rnerl AYE, hica ~gical erve I I ~~, HuntingXoi Bead ht®2005 Mi . ~ ~ I ~ ~ ~ jli~ ~Ve '~ I ;~, Ft;E a 22 ~-' EoVI~$8~i1~i~S BT ; ~ W 17~h SI iA ~~s. 39;1 ~, I _ ' i ,~ - ~- r rk-` 911;: ~•~; ~-- 1, - .. „` .' c~~k Park ~'~ tii` .• . ! .•• ... ~_ , ~- , ¢V~Na I ~ ip~r it i ~ i ~~ ,•I sheriff's DeF I ~. I. i - I '~ ~-.•._._I_ . _AVC i I ~ ` dry Park _ ~ ~a~ 11 ar.a i i ~1_ I 1 ~'~ ti- i ~ '. j ~ ~ I ~I ~ ~ S, ~ Q i ,~~5~1 ~ ~ ~- ~~~• ., ''~ I boa ~®$a ' ~ ~~- { y ,,. ~~ 1 ~ - r ~. Brerrtv}rood,r k ~ J, ~,i ,iei _ ` Roh ns 133 r' ~ ~_ 8olsa,•• ~•::_ ~ Park . andlor.i'ts su ~`~ tier "all ri'~ h ' .re erued. 'man Remo Park v- i~. ~ 'a~ Figure 1: Regional Project Location 2 80B-11 B. PROJECT SITE LOCATION AND DESCRIPTION The Project site is on Townsend Street generally bordered by W. McFadden Avenue to the south, S. Center Street to the west, W. Willits Street to the north and S. Raitt Street to the east. (See Figure 2: Project Site Location) The Project site includes two properties consisting of approximately 24,394 sq. ft. and comprised of two 10-unit apartment buildings with 20 one-bedroom units. As of the date of this Plan, all units were occupied. I' ~ N ~ R ~I~~1tS St C1~ ~ ~ '" ~ I ~ I GY W ' '}„ .N Mark St MB~c SL ~° 701709 5 Townsend St Santa Ana CA 92704 Ve ~ cn , W Monia Vista Ave ~ ; ' Highland Sf o; , ~; , to ~ ~ ~ j '~, ~ist ~~ ~i ~ ~t a ~~ ~ ' ~ . ~ IN Brook St ~ ~ Jerome Park ~ W Gubbon . St %~ Co ri ht ®2005~Microsoft Cor .and/or its su ~' tiers. All ri hts reserved. Figure 2: Project Site Locrrtio» 3 80B-12 C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS According to the 2000 U.S. Census, the population of the City of Santa Ana is 337,977 and the population of the impacted Census Tract 748.06/Block 1006 is 1,641 (see Table 1}. Corresponding Census data concerning the housing mix is shown in Table 2. TABLE 1: 2000 Census Po ulation - Ci of Santa Ana & Im acted Tract Population Tract 748.06 1006 % Developer Total Po ulation 1,641 100.0% 337,977 100.0% White 430 26.2% 144,425 42.7% Black or African American 21 1.3% 5,749 1.7% American Indian or Alaska Native 14 0.97% 4,013 1.2% Asian 16 1.0% 29,778 8.8% Native Hawaiian or Other Pacific Islander 0 0.0% 1,160 0.3% Some Other Race 1,075 65.5% 137,360 40.6% Two or More Races 85 5.2% 15,492 4.6% His anic or Latino (of An Race) 1,591 97.0% 257,097 76.1% Source: U.S. Census Bureau, QT-PL. Race, Hispanic or Latino, and Age: 2000 TABLE 2: 2000 Census Housin Units - C i of Santa Ana & Im acted Tract Type Tract 748.06 1006 % Developer Total Occu ied Units 264 100% 73,002 97.9% Owner-Occu ied 2 0.8% 36,005 49.3% Renter-Occu ied 262 99.2% 36,997 50.7% Vacant Housin Units 0 0.0% 1,586 2.1% Available for Sale Only (of Total Vacant Units 0 0.0% 292 18.4% Available for Rent -Full Time Occupancy of Total Vacant Units 0 0.0% 700 44.1 Sold or Rented -Not Occu ied 0 0.0% 109 6.9% Otherwise Not Available (e.g. seasonal, recreational, mi rator ,occasional use 0 0.0% 102 6.4% Other Vacant 0 0.0% 383 24.1% Source: U.S. Census Bureau, QT-H1. General Housing Ctraracteristics: 2000 4 80B-13 II. ASSESSMENT OF RELOCATION NEEDS A. SURVEY METHOD To obtain information necessary for the preparation of this Plan, personal interviews with the residents were conducted by Developer staff in October 2007. The Developer was successful in obtaining survey responses from 18 of the 20 occupied households in the Project. (Two households did not complete the interview process or comply with the certification process and gave their notices to vacate to the current property owner.) Inquiries made of the residential occupants concerned household size and composition, income, monthly rent, length of occupancy, ethnicity, home language, physical disabilities, and replacement housing preferences. A sample of the residential interview form used in the interview process is presented as Exhibit A of this report. B. RESULTS Based on the data collected during the interview and certification process, and as of the date of this Plan, again, there are no households who will be permanently displaced. All Project households qualified at below 80% area median income (AMI). The two households, who voluntarily gave their notice to vacate, had received a General Information Notice/Notice ofNon-Displacement advising them that they were not being asked to permanently vacate nor were they eligible for permanent relocation benefits. The notice also informed them that if they peirnanently vacated by their own choice, they would not be eligible for any relocation assistance. Samples of the General Information Notice/Notice of Non- Displacement, both English and Spanish versions, are presented in Exhibit B of this report. 80B-14 III. THE TEMPORARY RELOCATION PROGRAM The Developer's Temporary Relocation Program is designed to minimize hardship, be responsive to unique project circumstances, emphasize maintaining personal contact with all affected individuals, consistently apply all regulatory criteria to formulate eligibility and benefit determinations and conform to all applicable requirements. The relocation program consists of two principal constituents: advisory assistance and financial assistance (Relocation Benefits). A. ADVISORY ASSISTANCE Individuals who will need to move from existing homes temporarily will receive advisory assistance. Advisory assistance services are intended to inform displacees about the rehabilitation process and the relocation program as well as facilitate any claims processing: To follow through on the advisory assistance component of the relocation program and assure that the Developer meets its obligations under the law, Developer staff will perform the following functions: Distribute appropriate written information concerning the Developer's relocation program; 2. Inform eligible project occupants of the nature of, and procedures for, obtaining available relocation assistance and benefits. 3. Inform all persons subject to temporary displacement of the Developer's policies with regard to eviction and property management. B. TEMPORARY RELOCATION BENEFITS All residential occupants to be temporarily relocated will be eligible to receive a fixed payment for moving and related expenses. Each household (one-bedroom units) will receive two fixed payments of $625 each for both the move into a temporary unit on-site as well as the move back into a rehabilitated unit. The tenants will only be responsible for the utilities in the unit in which they are residing during any phase of the project. Utility or phone transfer fees are included in the fixed moving payment. There is no anticipated need for rental assistance payments, because the tenants will be housed on the Project site during the temporary move phase. They will pay the same rental rates for their temporary units as they are paying in their current units. 6 80B-15 C. PERMANENT RELOCATION BENEFITS If a temporary relocation lasts more than one year, the tenants will be offered permanent relocation assistance as a displaced person under the Uniform Act. This assistance would be in addition to any assistance already received in conjunction with the temporary relocation and will not be reduced by the amount of any temporary relocation assistance previously provided. Although all the tenant households currently income-qualify to remain in one of the Project units, if at the time the rehabilitation is completed, and if a household's income has increased and caused them to be over-income, they would no longer be eligible to remain in a Project unit. Permanent relocates may be eligible for permanent relocation benefits. These benefits include: advisory services, referrals to comparable replacement dwellings, financial assistance to purchase or rent a replacement dwelling and financial assistance to physically move their personal property and belongings. D. POST-REHABILITATION For a temporarily displaced tenant, once the rehabilitation has been completed on their cun•ent unit, they may return to their present unit or another suitable unit in the same building/complex at a 50% AMI rental rate. Based on the tenants' current rental rates, this will be a reduction in their rents. E. PROGRAM ASSURANCES AND STANDARDS Adequate funds are available to relocate the temporarily displaced households. Relocation assistance services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. 80B-16 IV. ADMINISTRATIVE PROVISIONS A. NOTICES Each notice, which the Developer is required to provide to a Project occupant, shall be personally delivered or sent certified or registered first-class mail, return receipt requested and documented in the case file. Each notice will be written in plain, understandable language. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions and other needed help. There are two principal notices: 1) the General Information Notice/Notice ofNon-Displacement Notice 2) the Vacate Notice The General Information Notice/Notice of Non-Displacement is intended to provide the tenants with a general written description of the Developer's relocation program and basic information regarding conditions of eligibility. This notice advises the tenants of their qualification to remain in a Project unit and states that they will not be permanently displaced. The Vacate Notice will be issued within a reasonable period of time prior to the tenants' temporary displacement. Tenants will receive a 60-day notice to vacate during the temporary move phase. B. EVICTION POLICY The Developer recognizes that eviction is permissible only as a last resort and that relocation records must be documented to reflect the specific circumstances surrounding any eviction. Eviction will cause the forfeiture of a displacee's right to relocation assistance or benefits. Relocation records will be documented to reflect the specific circumstances surrounding any eviction action. 2. Eviction may be undertaken for one, or more of the following reasons: (a) Failure to pay rent, except in those cases where the failure to pay is due to the owner's failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or, is the result of discontinuation, or a substantial interruption of services; (b) Perfoirnance of a dangerous, and/or illegal act in the unit; (c) A material breach of the rental agreement, and failure upon notification to correct said breach within 30 days of Notice; 80B-17 (d) Maintenance of a nuisance, and failure to abate such nuisance upon notification within a reasonable time following Notice; (e) Refusal to accept one of a reasonable number of offers of replacement dwellings; and/or, (f) A requirement under State, or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the Developer. C. CITIZEN PARTICIPATION As the process for considering the Project moves forward, the Developer will observe the following protocol: Provide affected tenants with full and timely access to documents relevant to the relocation program; 2. Encourage meaningful participation in reviewing the Relocation Plan and monitoring the relocation assistance program; including the project area occupants; 3. Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 4. Issuance of a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed adoption; and 5. The inclusion of written or oral comments concerning the Plan as an attachment (Exhibit C) when it is forwarded to the Santa Ana City Council for adoption. D. IMMIGRATION STATUS Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Developer to negatively affect the alien's spouse, parent or child. The Developer may elect to authorize the payment of relocation assistance benefits to any alien not lawfully present in the United States from non-federally authorized reimbursable funds. 9 80B-18 E. GRIEVANCE PROCEDURES A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount, the failure to provide comparable temporary housing, or the Developer's property management practices may file a Relocation Assistance Appeal Form or any other written form of appeal with the Developer. The Developer's appeal policies will follow the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines. F. PROJECTED DATE OF DISPLACEMENT The Developer anticipates that date specific Notices to Temporarily Vacate will not be issued prior to March 2008. G. ESTIMATED RELOCATION COSTS The total budget estimate for relocation-related payments for this Project is $22.500. The Estimated relocation budget does not include any payments related to property acquisition. If the Project is to be implemented, and circumstances arise that should change either the number of residential occupants, or the nature of their activity, the Developer will authorize any additional compensable funds that may need to be appropriated. The Developer pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project. 10 80B-19 EXHIBIT A RESIDENTIAL INTERVIEW FORM 80B-20 CASE ID: AGENCY: Claimant(s): Address: Monthly Pa)•menC S Number of Bedrooms: Total Number of Rooms: \i<-JOR EVE\TS: Site Mos~e-!n: / / First Offer: / ! Initial Interview: / / U•1'ILITIES PAID Bl': Home Phone: ~_~ Bedrooms Needed: Gas: ^ Tenant ^ Ow•ner Work Phone: (_~ ^ Famished Dwelling Electric: ^ Tenant ^ Ow~xr Water: ^ Tenant ^ O~~•ner Social Scc. #: OCCUPA\CY STATCS: ^ Rent ^ Lease ^ Mortgage ^ Own (Clear) ^ Vacant ^ No Contact D\YELLL\G TYPE: ^ Single Family Residence ^ Duplex ^ Apartment ^ CrnidofTo~~~ihouse ^ HotcUMotel D Mobile Home ETHNICITY: ^ R'Itite ^ Hispanic ^ Black ^ Asian ^ Other: PRIItIARY LANGUAGE: ^ English ^ Spanish ^ Other: OCCUPANT INFORIiATIO\: NOTESlCOMMENTS (use back as necessary): ^ Elderly Household (62 or older) ^ Disabled/Handicapped Household (describe modifications/needs in notes) ^ Housing Assistance -Monthly tenant portion of rent: $ ^ Rent rooms in dwelling? (describe in notes) ^ Willing to Relocate from Community (describe in notes) Special Features/Improvements: Area/Unit Preference: RESIDENTIAL INTERVIEW FORM PROJECT: CONStiLTANT: OCCUPANT INPORDiATIO\: DR'ELLI\G: \A1IE (FIRST, LAST) SEX AGE JIO\THL1' Notes (relation, empbyment, school, trensportatioa, handicap, etc. ) Il\CO\IE MF MF M F MF MF MF MF MF $ $ $ $ 80B-21 EXHIBIT B GENERAL INFORMATION NOTICE/ NOTICE OF NON-DISPLACEMENT 80B-22 GUIDEFORM GENERAL INrORMATION NOTICE RESIDENTIAL TENANT NOT DISPLACED October 13, 2007 Dear Resident The Property Owner is interested ui rehabilitating the property you cui7ently occupy at 701 or 709 S. Townsend, Santa Ana, CA for a proposed project which may receive funding assistance from the U.S. Department of Housing and Urban Development (HUD). The purpose of this notice is to niforni you that you will not be displaced in connection with the proposed project. If the project application is approved and federal financial assistance provided, you may be required to move temporarily so that the rehabilitation can be completed. If you must move temporarily, suitable housing will be made available to you and you will be reimbursed for all reasonable out of pocket expenses, including moving costs and any increase in housing costs. You will need to continue to pay your rent and comply with all other lease terms and conditions. Upon completion of the rehabilitation, you will be able to lease and occupy your present apartment or another suitable, decent, safe and sanitary apartment in the same building/complex under reasonable terms and conditions. If federal financial assistance is provided for the proposed project, you will be protected by a federal law known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA). One of the URA protections for persons temporarily relocated is that such relocations shall not extend beyond one year. If the temporary relocation lasts more than one year, you will be contacted and offered all permanent relocation assistance as a displaced person under the URA. This assistance would be in addition to any assistance you may receive in connection with temporary relocation and will not be reduced by the amowit of any temporary relocation assistance previously provided. You will also have the right to appeal the agency's determination, if you feel that your application for assistance was not properly considered. In the event you are over the income levels for the proposed project, you may be eligible for permanent relocation benefits including but not limited to: advisory services, referrals to comparable replacement dwellings and financial assistance to purchase or rent a replacement dwelling. Accordingly, it is of paramount importance that we receive your cooperation in our survey and assessment of your needs in the completion of the attached income cert~cation. 80B-23 We urge you not to move at tlus time. If you choose to move, you will not be provided relocation assistance. Please remember: • This is not a notice to vacate the premises. • This is not a notice of relocation eligibility. You will be contacted soon so that we can provide you with more infoirnation about the proposed project. If the project is approved, we will make every effort to acconunodate your needs. In the meantime, if you have any questions about our plans, please contact: Advanced Property Services, LLC -Barry A. Cottle, PO Box 311, Tustin, CA 92781 (714}731-7313 Sincerely, Barry A. Cottle Enclosure 80B-24 Aviso de Informacidn General No Desplazo de Inquilinos Residenciales 1 de noviembre de 2007 Estimado Residente: EI dueno de la propiedad esta interesado en rehabilitar la propiedad que usted ocupa en la direction 7010 709 S. Townsend, Santa Ana, CA por un proyecto propuesto que posiblemente recibir~ asistencia de fondos del U.S Department of Housing and Urban Development (HUD} EI propueito de este aviso es para informarle que usted no serf desplazado en conexibn con este proyecto propuesto. Si la aplicacion por este proyecto es aprobado y asistencia de fondos federates proporcionados, es posible que usted sera requerido a mover temporalmente hasta que la rehabilitation se cumple. Si tiene que mover temporalmente, una vivienda adecuada serf; disponible y usted serf rembolsado por todos los gastos razonables, incluyendo los gastos de mudanza y cualquier aumento de costos de vivienda. Usted necesita continuer pagando su renta y cumplir con todos los otros terminos y condiciones de su contracto de alquilar. Cuando la rehabilitation se cumple, usted podr~ alquilar y ocupar el mismo apartamento u otro apartamento adecuado que es detente, seguro y sanitario en el mismo edificio / complejo bajo de torminos y condiciones razonables. Si asistencia de fondos federates es proporcionado para el proyecto propuesto, usted serf protegido por una ley federal conocida Como la Ayuda Uniforme de Reurbanizacion y Acto de Pol(ticas de Adquisicion de Bienes Rafces (URA). Una de las protecciones de la URA para personas desplazadas temporalmente es que tai desplazo no puede extender mas que un ann"o. Si el desplazo temporal se extiende mas que un ano, usted serf contactado y dado una oferta de asistencia de reubicacion permanente tai como una persona desplazada bajo de la URA. Este asistencia serf en edition a la asistencia que recibir~ en conexion con el desplazo temporal y no serf reducido por la cantidad de asistencia que usted recibe anteriormente. Usted tambi~n tendr~ el derecho de apelar la determination de la agencia, si usted siente como su aplicacion para asistencia no fue considerado propiamente. En caso que sus ingresos sobrepasan los niveles del proyecto propuesto, usted puede ser elegible para beneficios de reubicacion permanente que Incluyen pero no son limitados a: Los servicios de consejo, referencias a vivtendas comparables de reemplazo y asistencia fin3nciale para comprar o alquilar una vivienda de reemplazo. Por to tanto, es de la mks alta Importancia que reclbamos su cooperation en nuestra inspection y evaluation de sus necesidades en completer la certtficaci6n de ingresos Incluida con esta carte. Le pedimos que nose mueva de su vivienda. Si elige moverse, no recibira asistencia de reubicacion. POR FAVOR RECUERDE: • Este NO es un aviso de desalojo • Este NO es un aviso de elegibilidad para beneficios de reubicacion 80B-25 Usted serf contactado pronto para que podemos proporcionarle mas informaci6n acerca del proyecto propuesto. Si el proyecto es aprobado, haremos cads esfuerzo para acomodar sus necesidades. Por mientras, si tienes cualquier pregunta acerca de nuestros planes, por favor contacte: Advanced Property Services, LLC- Barry A. Cottle, PO Box 311, Tustin, CA 92781 (714) 731-7313 Sinceramente, Barry A. Cottle ADJ U NTO 80B-26 EXHIBIT C PUBLIC COMMENTS AND RESPONSE 80B-27 817 - 821 S. Townsend Street and 834 S. Raitt Sheet Project ~LOCaTiorr PLarr DRAFT Prepared for: Orange Housing Development Corporation & C&C Development Co., LLC 1110 E. Chapman Avenue, Suite 200 Orange, CA 92866 (714)288-7600 By: Overland, Pacific & Cutler, Inc. 10 Hughes, Suite A207 Irvine, California 92618 949-951-5263 November 12, 2007 EXHIBIT 4 80B-28 TABLE OF CONTENTS INTRODUCTION PROJECT DESCRIPTION A. REGIONAL LOCATION B. PROJECT SITE LOCATION & DESCRIPTION C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS II. ASSESSMENT OF RELOCATION NEEDS A. SURVEY METHOD B. RESULTS III. THE TEMPORARY RELOCATION PROGRAM A. ADVISORY ASSISTANCE (> B. TEMPORARY RELOCATION BENEFITS 6 C. PERMANENT RELOCATION BENEFITS '7 D. POST-REHABILITATION 7 E. PROGRAM ASSURANCES AND STANDARDS 7 IV. ADM INISTRATIVE PROVISIONS g A. NOTICES g B. EVICTION POLICY g C. CITIZEN PARTICIPATION 9 D. IMMIGRATION STATUS 9 E. GRIEVANCE PROCEDURES 10 E PROJECTED DATE OF DISPLACEMENT 10 F. ESTIMATED RELOCATION COSTS 10 LIST OF TABLES TABLE I : 2000 Census Population -City of Santa Ana & Impacted Tract TABLE 2: 2000 Census Housing units -City of Santa Ana & Impacted Tract LIST OF EXHIBITS EXHIBIT A: Residential Interview Form EXHIBIT B: General Information Notice/Notice ofNon-Displacement EXHIBIT C: Public comments and Response 80B-29 INTRODUCTION The Orange Housing Development Corporation and C&C Development Co., LLC (the "Developer") has authorized the preparation of a Relocation Plan to be undertaken in connection with the commencement of their proposed rehabilitation project, the 817-821 S. Townsend Street and 834 S. Raiff Street Project (the "Project") in Santa Ana, CA. The Project requires the acquisition of three parcels on which there are two 10-unit buildings and one 11-unit building totaling 31 apartment units. The Developer plans to fully rehabilitate the units, including interior and exterior improvements. The units will then be converted to affordable housing units comprised of 21 one-bedroom units and 10 two-bedroom units. These units will be offered to tenants who are 50% or below area median income. Any existing tenants who are 80% or below area median income will be "grandfathered" and considered eligible to remain within the Project. In addition, any households who qualify in the Moderate Income category (between 81%-120% of area median income), will also be allowed to remain within the Project under certain return rental conditions to be discussed in Section III-D. Those current households, who are considered "over-crowded" (needing more than two bedrooms based on a 2+2 occupancy standard), will also be grandfathered and will qualify to remain within the Project in one of the rehabilitated units. New tenants will be held to a 2+2 occupancy standard (two people per bedroom and two people in an additional room such as a living room or den). As of this date, the Project will cause no permanent displacement of residential households. The needs and characteristics of the displacee population and the Developer program to provide assistance to each affected person are general subjects of this Relocation Plan (Plan). The Developer anticipates funding for the Project will be provided by tax increment and HOME funds. This Plan conforms to the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, the implementing regulations of Handbook 1378 of the Department of Housing and Urban Development (HUD), the California Relocation Assistance Law, Government Code Section 7260, et seq. (Law), the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development and Title 25, California Code of Regulations Section 6000, et seq. (Guidelines). This Plan is organized into four sections: 1. Project description (SECTION I); 2. Assessment of the project occupants and their needs (SECTION II) 3. Description of the Developer's temporary relocation program (SECTION III); 4. Description of the Developer's outreach efforts, project timeline and budget (SECTION Imo. I. PROJECT DESCRIPTION 80B-30 A. REGIONAL LOCATION The Project is located in the City of Santa Ana within Orange County. Santa Ana is located in the middle section of Orange County, approximately 35 miles southeast of downtown Los Angeles and is immediately accessible from Highways 22 and 55 and Interstate 5. Adjacent communities include Garden Grove, Orange, Tustin, Irvine and Fountain Valley. (See Figure 1: Regional Project Location) '~T---= .~ 1Y- ~- e ';~ r A~ r ~~ LesNe J" W ner Prkxx Perk i-- - Bdse Chkx ER~v~e l? - - 7~ ,.,. -' ~. , 1 _ _._~ ~ ~ - ,, f I ~ ~Sa~_ Ran~hJR~--- Wbk C n ~ 57~ ~ _;~ ~, Q~e~~-pJ~- V~i a d ~ k -p - 1 ~J F H ' _ ~-. E' ~~raae ~e -~ ~ a -Park ~ ~ ~ I' _ n I ~ E C~~' ` - ,, :. r = ` SherittY Dept 65 ~ I - - Pro e[t Site = - ~ ~ Ga~HerpFerk ~~ za!': c__-_ P 1~~ v', y ~. ~! • ~ a ~.. v Irving ~ ~~'~ ! '':~ ~ 55 r' ~~ ~~A \. ~.. - ~ ~' C a c ~ , ~ ~ i~~ ~-~ d~f -- -iDr- ~i 133,E _~. k J view ~! Pe - a% - ~' ~d'~--- ~ ~- -, _ Lake F . - ,_ 3' Sm R k ~` 'P _ r a _. -a- i. - ,: J _ - _T Figure 1: Regional Project Location 2 80B-31 B. PROJECT SITE LOCATION AND DESCRIPTION The Project site is on S. Townsend Street and S. Raiff Street generally bordered by W. McFadden Avenue to the south, S. Center Street to the west, W. Monta Vista Avenue to the north and the east side of S. Raiff Street to the east. (See Figure 2: Project Site Location) The Project site includes three properties consisting of approximately 36,590 sq. ft. and is comprised of two 10-unit apartment buildings and one 11-unit apartment building totaling 21 one-bedroom units and 10 two-bedroom units. As of the date of this Plan, all units were occupied. to Merle Sk m d m Q Richland Ave U ~ W Manta Vista Ave ~ -i p N O 3 N a Highland St N ~ ~ 7 feria PI 817 S Tormsend R San[a Ana CA 92704 821 5 Tohnsend St Santa Ana C/192704 SitRi Ally 834 5 Raiff St Sable Ana CA 9 ~ W Brook St Q' Jaroma Park W Cubbon St ~ U rFatlden qve ~ Co ri ht©2005 Microsofl Cor . antlfor its su tiers RII ri hts reservetl. ~ Figure 2: Project Site Location 3 80B-32 C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS According to the 2000 U.S. Census, the population of the City of Santa Ana is 337,977 and the population of the impacted Census Tract 748.06/Block 1006 is 1,641 (see Table 1). Corresponding Census data concerning the housing mix is shown in Table 2. TABLE 1:2000 Census Po ulation - Ci of Santa Ana & Im acted Tract Population Tract 748.06 1006 % Developer Total Po ulation 1,641 100.0% 337,977 100.0% White 430 26.2% 144,425 42.7% Black or African American 21 1.3% 5,749 1.7% American Indian or Alaska Native 14 0.97% 4,013 1.2% Asian 16 1.0% 29,778 8.8% Native Hawaiian or Other Pacific Islander 0 0.0% 1,160 0.3% Some Other Race 1,075 65.5% 137,360 40.6% Two or More Races 85 5.2% 15,492 4.6% His anic or Latino of An Race 1,591 97.0% 257,097 76.1% Source: U.S. Census Bureau, QT-PL. Race, Hispanic or Latino, and Age: 2000 TABLE 2: 2000 Census Housin Units - C i of Santa Ana & Im acted Tract Type Tract 748.06 1006 % Developer Total Occu ied Units 264 100% 73,002 97.9% Owner-Occu ied 2 0.8% 36,005 49.3% Renter-Occu ied 262 99.2% 36,997 50.7% Vacant Housin Units 0 0.0% 1,586 2.1% Available for Sale Only (of Total Vacant Units 0 0.0% 292 18.4% Available for Rent -Full Time Occupancy (of Total Vacant Units 0 0.0% 700 44.1 Sold or Rented -Not Occu ied 0 0.0% 109 6.9% Otherwise Not Available (e.g. seasonal, recreational, mi rato ,occasional use 0 0.0% 102 6.4% Other Vacant 0 0.0% 383 24.1% Source: U.S. Census Bureau, QT-H1. General Housing Characteristics: 2000 4 80B-33 IL ASSESSMENT OF RELOCATION NEEDS A. SURVEY METHOD To obtain information necessary for the preparation of this Plan, personal interviews with the residents were conducted by Developer staff in November 2007. The Developer was successful in obtaining survey responses from 30 occupied households in the Project. One household did not complete the certification process since they had already given their notice to vacate to the current property owner. Inquiries made of the residential occupants concerned household size and composition, income, monthly rent, length of occupancy, ethnicity, home language, physical disabilities, and replacement housing preferences. A sample of the residential interview form used in the interview process is presented as Exhibit A of this report. B. RESULTS Based on the data collected during the interview and certification process, and as of the date of this Plan, again, there are no households who will be permanently displaced. All but two Project households qualified at below 80% area median income (AMI), and the two households qualifying below 120% of AMI will qualify to stay at the rental rate described in Section III-D. The household, who voluntarily gave their notice to vacate, had received a General Information Notice/Notice of Non-Displacement advising them that they were not being asked to permanently vacate nor were they eligible for permanent relocation benefits. The notice also informed them that if they permanently vacated by their own choice, they would not be eligible for any relocation assistance. Samples of the General Information Notice/Notice of Non- Displacement, both English and Spanish versions, are presented in Exhibit B of this report. 80B-34 III. THE TEMPORARY RELOCATION PROGRAM The Developer's Temporary Relocation Program is designed to minimize hardship, be responsive to unique project circumstances, emphasize maintaining personal contact with all affected individuals, consistently apply all regulatory criteria to formulate eligibility and benefit determinations and conform to all applicable requirements. The relocation program consists of two principal constituents: advisory assistance and financial assistance (Relocation Benefits). A. ADVISORY ASSISTANCE Individuals who will need to move from existing homes temporarily will receive advisory assistance. Advisory assistance services are intended to inform displacees about the rehabilitation process and the relocation program as well as facilitate any claims processing: To follow through on the advisory assistance component of the relocation program and assure that the Developer meets its obligations under the law, Developer staff will perform the following functions: 1. Distribute appropriate written information concerning the Developer's relocation program; Inform eligible project occupants of the nature of, and procedures for, obtaining available relocation assistance and benefits. Inform all persons subject to temporary displacement of the Developer's policies with regard to eviction and property management. B. TEMPORARY RELOCATION BENEFITS All residential occupants to be temporarily relocated will be eligible to receive a fixed payment for moving and related expenses. Each one-bedroom household will receive two fixed payments of $625 each for both the move into a temporary unit on-site as well as the move back into a rehabilitated unit. Each two-bedroom household will receive $800 for each move. The tenants will only be responsible for the utilities in the unit in which they are residing during any phase of the project. Utility or phone transfer fees are included in the fixed moving payment. There is no anticipated need for rental assistance payments, because the tenants will be housed on the Project site during the temporary move phase. They will pay the same rental rates for their temporary units as they are paying in their current units. 80B-35 C. PERMANENT RELOCATION BENEFITS If a temporary relocation lasts more than one year, the tenants will be offered permanent relocation assistance as a displaced person under the Uniform Act. This assistance would be in addition to any assistance already received in conjunction with the temporary relocation and will not be reduced by the amount of any temporary relocation assistance previously provided. Although all the tenant households currently income-qualify to remain in one of the Project units, if at the time the rehabilitation is completed, and if a household's income has increased and caused them to be over-income, they would no longer be eligible to remain in a Project unit. Permanent relocates may be eligible for permanent relocation benefits. These benefits include: advisory services, referrals to comparable replacement dwellings, financial assistance to purchase or rent a replacement dwelling and financial assistance to physically move their personal property and belongings. D. POST-REHABILITATION RENTS For a temporarily displaced tenant, once the rehabilitation has been completed on their current unit, they may return to their present unit or another suitable unit in the same building/complex at a 50% AMI rental rate (within the exception of the Moderate Income households). Based on the tenants' current rental rates, this will be a reduction in their rents. For those households that qualify at the Moderate Income level, upon the completion of the rehabilitation and return to the Project unit, their rent will remain the same as their current rent for one year. However, after one year, the rents for these households will be adjusted to the lesser of their current rent and utilities or 30% of their adjusted, gross, monthly household income. E. PROGRAM ASSURANCES AND STANDARDS Adequate funds are available to relocate the temporarily displaced households. Specifically, tax increment funds will be used by the Developer to pay relocation benefits. Relocation assistance services will be provided to ensure that displacement does not result in different or separate treatment of households based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. 7 80B-36 IV. ADMINISTRATIVE PROVISIONS A. NOTICES Each notice, which the Developer is required to provide to a Project occupant, shall be personally delivered or sent certified or registered first-class mail, return receipt requested and documented in the case file. Each notice will be written in plain, understandable language. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions and other needed help. There are two principal notices: 1) the General Information Notice/Notice ofNon-Displacement Notice 2) the Vacate Notice The General Information Notice/Notice of Non-Displacement is intended to provide the tenants with a general written description of the Developer's relocation program and basic information regarding conditions of eligibility. This notice advises the tenants of their qualification to remain in a Project unit and states that they will not be permanently displaced. The Vacate Notice will be issued within a reasonable period of time prior to the tenants' temporary displacement. Tenants will receive a 60-day notice to vacate during the temporary move phase. B. EVICTION POLICY The Developer recognizes that eviction is permissible only as a last resort and that relocation records must be documented to reflect the specific circumstances surrounding any eviction. Eviction will cause the forfeiture of a displacee's right to relocation assistance or benefits. Relocation records will be documented to reflect the specific circumstances surrounding any eviction action. 2. Eviction may be undertaken for one, or more of the following reasons: (a) Failure to pay rent, except in those cases where the failure to pay is due to the owner's failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or, is the result of discontinuation, or a substantial interruption of services; (b) Performance of a dangerous, and/or illegal act in the unit; (c) A material breach of the rental agreement, and failure upon notification to correct said breach within 30 days of Notice; 80B-37 (d) Maintenance of a nuisance, and failure to abate such nuisance upon notification within a reasonable time following Notice; (e) Refusal to accept one of a reasonable number of offers of replacement dwellings; and/or, (f) A requirement under State, or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the Developer. C. CITIZEN PARTICIPATION As the process for considering the Project moves forward, the Developer will observe the following protocol: 1. Provide affected tenants with full and timely access to documents relevant to the relocation program; 2. Encourage meaningful participation in reviewing the Relocation Plan and monitoring the relocation assistance program; including the project area occupants; 3. Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 4. Issuance of a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed adoption; and 5. The inclusion of written or oral comments concerning the Plan as an attachment (Exhibit C) when it is forwarded to the Santa Ana City Council for adoption. D. IMMIGRATION STATUS Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Developer to negatively affect the alien's spouse, parent or child. The Developer will authorize the payment of relocation assistance benefits to any alien not lawfully present in the United States from non-federally authorized reimbursable funds. In order to track and account for relocation assistance and benefit payments, relocation staff will be required to seek immigration status information from each displacee 18 years by having them self-certify as to their legal status. 9 80B-38 E. GRIEVANCE PROCEDURES A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount, the failure to provide comparable temporary housing, or the Developer's property management practices may file a Relocation Assistance Appeal Form or any other written form of appeal with the Developer. The Developer's appeal policies will follow the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines. F. PROJECTED DATE OF DISPLACEMENT The Developer anticipates that date specific Notices to Temporarily Vacate will not be issued prior to May 2008. G. ESTIMATED RELOCATION COSTS The total budget estimate for relocation-related payments for this Project is $45,000. The Estimated relocation budget does not include any payments related to property acquisition. If the Project is to be implemented, and circumstances arise that should change either the number of residential occupants, or the nature of their activity, the Developer will authorize any additional compensable funds that may need to be appropriated. The Developer pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project. 10 80B-39 EXHIBIT A RESIDENTIAL INTERVIEW FORM 80B-40 CASE ID: - _ AGE\CY: Claimant(s): Address: Number of Bedrooms: Total Number of Rooms: ~41JOR EVE\TS: Site Move-In: / / First Offer: / / lnitiallnterview: / / ti'1'ILITIES PAID B1': Home Phone: ~~ Bedrooms Needed: Gas: ^Tcnant ^ Owner Work Phone: U ^ Furnished Dwelling L-lectric: ^Tcnant ^ O~nter Rater: ^Tcnant ^ Owner Social Sec. #: OCCUPANCY STATCS: D Rent D Lease ^ Mortgage O Own (Clear) ^ Vacant ^ No Contact D~VELLLIG TYPE: ^ Single Family Residence ^ Duplex ^ Apartment D Caido/Toa•nhouse ^ HotcUNlotel ^ Mobile Home ETHNICITY: ^ R'ltite ^ Hispanic ^ Black D Asian ^ Other: PRIMARY LANGUAGE: ^ English ^ Spanish ^ Other: OCCtiPANT INFOR1IATi0\: NOTES/COMMENTS (use back as necessary): ^ Elderly Household (62 or older) ^ Disabled/Handicapped Household (describe modifications/needs in notes) ^ Housing Assistance -Monthly tenant portion of rent: $ ^ Rent rooms in de•elling? (describe in notes) ^ Willing to Relocate front Community (describe in notes) Slxcial Features/Improvements: Area/Unit Preference: \A11E (FIRST, LAST) 1 2 3 4 5 6 7 8 M f' MF MF MF S S Notes (relation, emt~loyment, school, transportation, bandlcap, etc. ) SEX AGE M F MF M F MF JIONTHLY I\CO\1E S 5 RESIDENTIAL INTERVIEW FORM PROJECT: CONStiLTA\T: OCC[;PANT Il~FOR~iATIO\; DIVELLI\G: Monthly Pay~ttenh S S 80B-41 EXHIBIT B GENERAL INFORMATION NOTICE/ NOTICE OF NON-DISPLACEMENT 80B-42 GUIDEFORM GENERAL INFORMATION NOTICE RESIDENTIAL TENANT NOT DISPLACED October 13, 2007 Dear Resident The Property Owner is interested ui rehabilitating the property you currently occupy at 701 or 709 S. Townsend, Santa Ana, CA_for a proposed project which may receive funding assistance fiom the U.S. Department of Housing and Urban Development (I-IUD). The purpose of this notice is to niforni you that you will not be displaced in commection with the proposed project. If the project application is approved and federal financial assistance provided, you may be required to move temporarily so that the rehabilitation can be completed. If you must move temporarily, suitable housing will be made available to you and you will be reimbursed for all reasonable out of pocket expenses, including moving costs and any increase in housing costs. You will need to continue to pay your rent and comply with all other lease terms and conditions. Upon completion of the rehabilitation, you will be able to lease and occupy your present apartment or another suitable, decent, safe and sanitary apartment in the same building/complex under reasonable teams and conditions. If federal financial assistance is provided for the proposed project, you will be protected by a federal law known as the Uiuform Relocation Assistance and Real Property Acquisition Policies Act (URA). One of the URA protections for persons temporarily relocated is that such relocations shall not extend beyond one year. If the temporary relocation lasts more than one year, you will be contacted and offered all permanent relocation assistance as a displaced person under the URA. This assistance would be in addition to any assistance you inay receive in connection with temporary relocation aizd will not be reduced by the amotuit of any temporary relocation assistance previously provided. You will also have the right to appeal the agency's determination, if you feel that your application for assistance was not properly considered. In the event you are over the income levels for the proposed project, you may be eligible for permanent relocation benefits including but not limited to: advisory services, referrals to comparable replacement dwellings and fmancial assistance to purchase or rent a replacement dwelling. Accordingly, it is of paramount importance that we receive your cooperation in our survey and assessment of your needs in the completion of the attached income certification. 80B-43 We urge you not to move at this time. If you choose to move, you will not be provided relocation assistance. Please remember: • This is not a notice to vacate the premises. • This is not a notice of relocation eligibility. You will be contacted soon so that we can provide you with more information about the proposed project. If the project is approved, we will make every effort to acconunodate your needs. In the meantime, if you have any questions about our plans, please contact: Advanced Property Services, LLC -Barry A. Cottle, PO Box 311, Tustin, CA 92781 (714)731-7313 Sincerely, Bany A. Cottle Enclosure 80B-44 Aviso de Informacidn General No Desplazo de Inquilinos Residenciales 1 de noviembre de 2007 Estimado Residente: EI duerio de la propiedad esta interesado en rehabilitar la propiedad que usted ocupa en la direccibn 7010 709 S. Townsend, Santa Ana, CA por un proyecto propuesto que posiblemente recibir~ asistencia de fondos del U.S Department of Housing and Urban Development (HUD) EI proposito de este aviso es para informarle que usted no sera desplazado en conexidn con este proyecto propuesto. Si la aplicacibn por este proyecto es aprobado y asistencia de fondos federales proporcionados, es posible que usted serf requerido a mover temporalmente hasta que la rehabilitation se cumple. Si tiene que mover temporalmente, una vivienda adecuada serf disponible y usted serf rembolsado por todos los gastos razonables, incluyendo los gastos de mudanza y cualquier aumento de costos de vivienda. Usted necesita continuar pagando su rents y cumplir con todos los otros terminos y condiciones de su contracto de alquilar. Cuando la rehabilitation se cumple, usted podr~ alquilar y ocupar el mismo apartamento u otro apartamento adecuado que es detente, seguro y sanitario en el mismo edificio / complejo bajo de t~rminos y condiciones razonables. Si asistencia de fondos federales es proporcionado para el proyecto propuesto, usted sera protegido por una ley federal conocida Como la Ayuda Uniforme de Reurbanizacibn y Acto de Politicas de Adquisicidn de Bienes Rafces (URA). Una de las protecciones de la URA para personas desplazadas temporalmente es que tal desplazo no puede extender mas que un ann"o. Si el desplazo temporal se extiende mas que un ar~o, usted serf contactado y dado una oferta de asistencia de reubicaci6n permanente tal Como una persona desplazada bajo de la URA. Esta asistencia serf en adici6n a la asistencia que recibir~ en conexi6n con el desplazo temporal y no serf reducido por la cantidad de asistencia que usted recibe anteriormente. Usted tambi~n tendr~ el derecho de apelar la determinacidn de la agencia, si usted siente como su aplicaci6n para asistencia no fue considerado propiamente. En caso que sus ingresos sobrepasan los niveles del proyecto propuesto, usted puede ser elegible para beneficios de reubicaci6n permanente que incluyen pero no son limitados a: Los servicios de consejo, referencias a viviendas comparables de reemplazo y asistencia fin~nclale para comprar o alquilar una vivienda de reemplazo. Por to tanto, es de la mas alts Importancia que recibamos su cooperation en nuestra inspection y evaluaci6n de sus necesidades en completar la certtficaci6n de ingresos Inclulda con esta carts. Le pedimos que nose mueva de su vivienda. Si elige moverse, no recibira asistencia de reubicaci6n. POR FAVOR RECUERDE: • Este NO es un aviso de desalojo • Este NO es un aviso de elegibilidad para beneficios de reubicaci6n 80B-45 Usted sera contactado pronto para que podemos proporcionarle mas informaci6n acerca del proyecto propuesto. Si el proyecto es aprobado, haremos cada esfuerzo para acomodar sus necesidades. Por mientras, si tienes cualquier pregunta acerca de nuestros planes, por favor contacte: Advanced Property Services, LLC- Barry A. Cottle, PO Box 311, Tustin, CA 92781 (714) 731-7313 Sinceramente, Barry A. Cottle ADJ U NTO 80B-46 EXHIBIT C PUBLIC COMMENTS AND RESPONSE 80B-47 11/19/07 les RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY LOCATED AT 817 AND 821 SOUTH TOWNSEND STREET AND 834 SOUTH RAITT STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana ("Council") hereby finds, determines and declares as follows: A. The Community Redevelopment Agency ("Agency") is assisting Townsend & Raitt, LLC with the acquisition and rehabilitation of real property located at 817 and 821 South Townsend Street and 834 South Raitt Street ("the Property"). B. The Property is comprised of three buildings. Each building currently has mainly one-bedroom units, with 4two-bedroom units at both 817 and 821 S. Townsend Street, and 2two-bedroom units at 834 S. Raitt Street. After the rehabilitation, all of the units (except for one) will be restricted to occupancy by very low income households at affordable rents, restricted to occupancy by 50% (very-low income) of the area median income. One unit located at 821 S. Townsend will be reserved for the manager. In order to minimize relocation issues, current residents whose incomes exceed 80 percent of the area median income will be allowed to remain. The rents for these households will be increased to either 30% of their monthly household income or market rent for the neighborhood, whichever is lower. C. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which could lead to displacement of people from their homes. D. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25), as well United States Department of Housing and Urban Development regulations. Resolution No. 2007- 806-48 11/19/07 les E. The relocation plan is required because of the potential for temporary and permanent relocation of households. The plan does not foresee a need for any permanent relocation of households. Section 2: The City Council hereby approves the relocation plan for the residential properties located at the 817 and 821 S. Townsend Street and 834 S. Raitt Street, and the establishment of an account in accordance with state mandates for the payment of relocation benefits to the displaced households. Section 3: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2007- 806-49 11/19/07 les ADOPTED this day of , 2007. Miguel Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAI N NOT PRESENT Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2007- 806-50 11 /7/07 les RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY LOCATED AT 701 AND 709 SOUTH TOWNSEND STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana ("Council") hereby finds, determines and declares as follows: A. The Community Redevelopment Agency ("Agency") is assisting Townsend & Raitt, LLC with the acquisition and rehabilitation of real property located at 701 and 709 South Townsend Street ("the Property"). B. The Property is comprised of two buildings which each currently have 10 one-bedroom units. After the rehabilitation, all of the units on the Property will be restricted to occupancy by very low income households at affordable rents, restricted to occupancy by 50% (very-low income) of the area median income. In order to minimize relocation issues, current residents whose incomes exceed 80 percent of the area median income will be allowed to remain. The rents for these households will be increased to either 30% of their monthly household income or market rent for the neighborhood, whichever is lower. C. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which could lead to displacement of people from their homes. D. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260, et seq., Relocation Guidelines (California Code of Regulations, Title 25), as well United States Department of Housing and Urban Development regulations. E. The relocation plan is required because of the potential for temporary and permanent relocation of households. The plan does not foresee a need for any permanent relocation of households. Resolution No. 2007-_ 80B-51 11 /7/07 les Section 2: The City Council hereby approves the relocation plan for the residential properties located at the 701 and 709 S. Townsend Street, and the establishment of an account in accordance with state mandates for the payment of relocation benefits to the displaced households. Section 3: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2007. Miguel Pulido Mayor AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa E. Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2007- 806-52