Loading...
HomeMy WebLinkAbout FULL PACKET_2009-11-02MINUTES OF THE CLOSED AND REGULAR MEETINGS OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 19, 2009 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None CLOSED SESSION ITEM POLICE CHIEF'S CONFERENCE ROOM 60 CIVIC CENTER PLAZA, 4T" FLOOR 5:41 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO (5:47 P.M.) SAL TINAJERO (5:54 P.M.) STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Employee Organization: ADJOURNED - 6:10 P.M. Personnel Services Executive Director, Kathie Gonzalez Santa Ana Service Employees International Union (SEIU) CITY COUNCIL MINUTES 249 OCTOBER 19, 2009 1 0A -1 REGULAR CITY COUNCIL MEETING CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PUBLIC COMMENTS POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA 6:14 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARM I ENTO SAL TI NAJ ERO STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council Mayor Pulido Nothing to report. • Phil Lecours, opposed to passage of Item 25B. • Kim McPeck, spoke in support of Item 25B. • Peter Mangosing, requested reduced rental fee of City facility for upcoming fundraiser to benefit WISE Place. • Octavio Silva, expressed concerns with recent lay -off notices in the Planning and Building Agency. • Robert Penney, commented on reduced City workforce and impacts to Spanish speaking customers. CONSENT CALENDAR MOTION: Approve staff recommendations on Consent Calendar Items 10A through 25B with the following modifications: • Councilmember Tinajero pulled Item 13A for separate discussion • Councilmember Bustamante pulled Item 25B for separate discussion MOTION: Martinez VOTE: AYES: SECOND: Tinajero Alvarez, Benavides, Bustamante, Martinez, Sarmiento, CITY COUNCIL MINUTES 250 OCTOBER 19, 2009 1 0A -2 Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent Motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE CLOSED SESSION AND REGULAR MEETING OF OCTOBER 5, 2009 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS AND COMMISSIONS 13A NOMINATED BY COUNCILMEMBER BUSTAMANTE AS THE WARD 3 REPRESENTATIVES FOR A FULL TERM EXPIRING DECEMBER 11, 2012 — Clerk of the Council MOTION: Reappoint members 2 -7: Board /Commission 2. Daniel Oregel Environmental & Transportation MOTION: Tinajero VOTE: AYES: NOES: SECOND: Alvarez Residing Ward 3 3 3 3 3 3 3 Alvarez, Martinez, Sarmiento, Tinajero (4) Benavides, Bustamante, Pulido (3) CITY COUNCIL MINUTES 251 OCTOBER 19, 2009 1 0A -3 Advisory Committee (ETAC) 3. Blair O'Callaghan Historic Resources Commission 4. Christine Korthuis Personnel Board 5. James Gartner Planning Commission 6. Frank Acosta Recreation and Parks Board 7. Jose Gonzalez Youth Commission (Regular) MOTION: Tinajero VOTE: AYES: NOES: SECOND: Alvarez Residing Ward 3 3 3 3 3 3 3 Alvarez, Martinez, Sarmiento, Tinajero (4) Benavides, Bustamante, Pulido (3) CITY COUNCIL MINUTES 251 OCTOBER 19, 2009 1 0A -3 ABSTAIN: None (0) ABSENT: None (0) SUBSTITUTE MOTION: MOTION: Bustamante VOTE: AYES: NOES: ABSTAIN: ABSENT: Motion failed. Reappoint all members as recommended: SECOND: Benavides Benavides, Bustamante, Pulido (3) Alvarez, Martinez, Sarmiento, Tinajero (4) None (0) None (0) AMENDED MOTION: Reappoint members 2 -7 and declare an immediate vacancy on the Community Redevelopment and Housing Commission: MOTION: Tinajero SECOND: Alvarez VOTE: AYES: Alvarez, Martinez, Sarmiento, Tinajero (4) NOES: Benavides, Bustamante, Pulido (3) ABSTAIN: None (0) ABSENT: None (0) MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — None 19B EXCUSED ABSENCES - None CITY COUNCIL MINUTES 252 OCTOBER 19, 2009 1 0A -4 BUDGETARY MATTERS AGREEMENTS 25A AGMT NO. 2009 -171 - REAL ESTATE APPRAISAL SERVICES - Execute an amendment with Lidgard and Associates, Inc. in the amount of $200,000 for a total amount not to exceed $400,000 - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney. 25B AGMT NO. 2009 -172 - GRAFFITI REMOVAL SERVICES - With Graffiti Protective Coatings, Inc. in the amount of $524,997 for a nine -month period - Public Works Agency Continued from the October 5, 2009 City Council Meeting by a vote of 7 -0. Council discussion ensued. Motion by Councilmember Bustamante and seconded by Councilmember Sarmiento to approve alternative recommendation: Renew the existing agreement with Graffiti Protective Coatings, Inc. for $200,000 for a twelve month period and maintain 5 city employees and 1.5 contract employees in graffiti abatement. SUBSTITUTE MOTION: Councilmember Benavides motioned to approve original recommendation. Motion died for lack of a Second. MOTION: Renew the existing agreement with Graffiti Protective Coatings, Inc. for $200,000 for a twelve month period and maintain 5 city employees and 1.5 contract employees in graffiti abatement. MOTION: Bustamante VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Alvarez, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) Benavides (1) None (0) None (0) * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES 253 OCTOBER 19, 2009 1 0A -5 PUBLIC HEARINGS 75A PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2009 -05 TO AMEND ALLOWED USES WITHIN THE BROADWAY CORRIDOR DISTRICT OF THE MIDTOWN SPECIFIC PLAN (SP -3) - Planning and Building Agency Legal Notice published in the O.C. Reporter on August 28, 2009. Continued from the September 8, 2009 City Council Meeting by a vote of 7 -0; Continued from the October 5, 2009 City Council Meeting by a vote of 7 -0. MOTION: Continue the matter to the November 2nd Council meeting per staff's request. MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) None (0) None (0) None (0) 75B PUBLIC HEARING — GENERAL PLAN AMENDMENT NO. 2009 -01 TO UPDATE THE SANTA ANA GENERAL PLAN HOUSING ELEMENT (2006 -2014) - Planning and Building Agency Recommended action approved by the Planning Commission on September 28, 2009 by a vote of 6 -0. Legal Notice published in the O.C. Reporter on October 9, 2009. Jay Trevino, Executive Director of the Planning and Building Agency introduced Steve Pontell, Consultant, who presented the following report: Housing Element Process: • Phase 1: Outreach /Education; • Phase 2: Prepare Housing Element; • Phase 3: HCD /State Review; • Phase 4: Environmental Review; and • Phase 5: Public Hearings held. Community Outreach: • community workshops, CITY COUNCIL MINUTES 254 OCTOBER 19, 2009 1 0A -6 • community -based organizations workshops, • the Greater Santa Ana Business Alliance, • City Council visioning sessions, • Planning Commission study sessions, • Redevelopment & Housing Commission study sessions, and • Historic Resource Commission study sessions. Housing Vision: All Santa Ana residents have an equal right and opportunity to find suitable housing in quality residential neighborhoods that allow themselves, their families, and neighbors to live the fullest lives. We support an inclusive community that is multigenerational, culturally diverse, sustainable, and economically broad. The City will facilitate the production, rehabilitation, and improvement of rental and homeownership opportunities at different affordability levels. Housing Element Goals: • Goal No. 1: Livable Neighborhoods - Promote livable neighborhoods through quality housing conditions, quality parks and community services, and well- maintained infrastructure that inspire neighborhood pride. o Housing Programs to: improve neighborhoods include housing rehabilitation, neighborhood initiatives, and Code Enforcement and Historic Preservation Programs. • Goal No. 2: Housing Supply and Diversity - provide diversity of quality housing, affordability levels, and living experiences that accommodate residents and workforce of all household types, income levels, and age groups. o Housing Programs to increase: supply and diversity include strategic growth, regulatory tools, building design, and housing incentives. • Goal No. 3: Housing Assistance - Increase opportunities for low and moderate income individuals and families to find suitable housing, remain in Santa Ana, and afford a greater choice of rental or homeownership opportunities. o Housing Programs to: assist Renters and Homeowners include Rental Assistance, Homeownership Assistance, Foreclosure Assistance, multi - family Acquisition /Rehabilitation, and preservation of affordable housing. • Goal No. 4: Special Needs - Provide adequate housing opportunities and supportive services suitable for seniors, people with disabilities, families with children, and people needing emergency, transitional, or supportive housing. o Housing Programs for: special needs include people with disabilities, seniors, large families, people who are homeless, and fair housing. Current Status of the Housing Element: • public review completed, CITY COUNCIL MINUTES 255 OCTOBER 19, 2009 1 0A -7 • Planning Commission recommended approval, • State Department of Housing and Community Development found the Housing Element to be in compliance with State housing element law, and • the Plan awaits final City Council approval. The Mayor opened the Public Hearing; there was no written communication received, nor public speakers; and closed the Hearing. MOTION: 1. Approve and adopt the Negative Declaration, Environmental Review No. 2009 -51; and 2. Adopt a resolution. RESOLUTION NO. 2009 -052 — A resolution of the City Council of the City of Santa Ana approving a revised Housing Element of the City's General Plan MOTION: Alvarez VOTE: ADJOURNED Maria D. Huizar Clerk of the Council AYES: NOES: ABSTAIN: ABSENT: SECOND: Bustamante Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) None (0) None (0) None (0) 7:11 P.M. - The next regular meeting of the City Council is scheduled for Monday, November 2, 2009 at 5:30 p.m. for the Closed Session Meeting, immediately followed to the Regular Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. CITY COUNCIL MINUTES 256 OCTOBER 19, 2009 1 0A -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: APPEAL NO. 2009 -05 FOR TENTATIVE PARCEL MAP NO. 2009 -01 TO SUBDIVIDE A RESIDENTIAL PROPERTY INTO TWO SEPARATE PARCELS AT 1013 SOUTH ELLIOTT PLACE - PETER PRAM, APPLICANT c CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Set Appeal No. 2009 -05 (Tentative Parcel Map No. 2009 -01) as a public hearing item on the next regularly scheduled City Council meeting. PLANNING COMMISSION ACTION On October 12, 2009, the Planning Commission denied Appeal No. 2009 -02 and adopted a resolution denying Tentative Parcel Map No. 2009 -01 by a vote of 5:0 (Yrarrazaval absent) to subdivide a residential property into two separate parcels at 1013 South Elliott Place located in the Single Family Residential (Rl) zoning district. The Planning Commission upheld the recommendation of the Zoning Administrator and agreed that the subdivision request conflicted with several policies within the City's General Plan Urban Design and Land Use Elements and would not be a benefit to the community in the long term. The applicant has elected to appeal the decision of the Planning Commission to the City Council per Section 34- 132(a) of the Santa Ana Municipal Code (SAMC). Further, Section 34- 132(b) of the SAMC requires that the notice of an appeal be placed on the agenda of the next regularly scheduled City Council meeting, at which time the City Council shall declare that a public hearing on the matter will be held at is next subsequent regularly scheduled meeting. ZONING ADMINISTRATOR ACTION On September 9, 2009, the Zoning Administrator adopted a resolution denying Tentative Parcel Map No. 2009 -01. 12A -1 Appeal No. 2009 -05 Tentative Parcel Map No. 2009 -01 November 2, 2009 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. J M. Trevino Executive Director Planning & Building Agency MF:rb mf \reports \appeal09- 02(tpm09 -01) 1013 S Elliott Place.cc 12A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS r CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006 -045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL. IMPACT There is no fiscal impact associated with this item. 19C -1 19C -2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: October 22, 2009 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. 19C -3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2009 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence November 2, 2007 and prior Correspondence/ November 2, 2007 and prior Chronological Files Councilmember Self- explanatory Council Requests Mayor Inquiries processed for Mayor November 2, 2007 and prior Wards 1 through 6 Inquiries processed for Councilmembers November 2, 2007 and prior Correspondence General Correspondence Self- explanatory November 2, 2007 and prior Staff Inquiries processed for Staff November 2. 2007 and prior Monthly Status City Manager Self- explanatory November 2, Reports 2007 and prior Payroll Records Council /Staff Self- explanatory November 2. 2007 and prior November 2, Travel Folders Council /Staff Self- explanatory 2007 and prior APPROVE d David N. Ream Date City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds 19C -4 CONSENT: Joseph W. Fletcher / Date City Attorney o AUDITED BY: Mark Lawrence Date Assistant to the City Manager MEMORANDUM Laura Sheedy To: Assistant City Attorney Deputy City Manager for Development Services From: Community Development Agency Date: September 4, 2009 Subject: REQUEST FOR DESTRUCTION OF RECORDS The Community Development Agency requests your consent to destroy the city records identified on the attached listing in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. Cynthia J. Ne on 19C -5 LZ:6WV 1-1."J„ G CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Community Development Agency Record Record Record Record Category Series Description Dates Economic Workforce Investment Duplicate MIS, JTPA June 30, 2004 and Development Act Participant Forms prior Economic Workforce Investment JTPA & FEZ December 31, 2003 Development Act Participant Files and prior Economic Workforce Investment Special Program August 30, 2004 and Development Act Participant Files prior Economic Workforce Investment Year Round & June 30, 2004 and Development Act Summer Participant prior Files PREPARED BY: CONSENT BY: Terri Eggers Date Cynthia J. Nelson Date Sr. Management Analyst Services Deputy City Manager for Development Services Community Development Agency Community Development Agency RECORDS DESTROYED: APPROVED BY: 86 Boxes_ - _... / 0 Joseph Fletcher Date City Attorney 19C -6 CITY OF SANTA ANA WORK CENTER RECORDS Qty Discard Program Year Location Date Day Storage Contents Destroyed Box # 158 SPECIAL PROGRAMS; SPECIAL City Yard DPVs — FEZ Program and Miscellaneous PROGRAMS Admin. 1/99-6/30/02 159 PARTICIPANT FILES: 2nd Yr WIA City Yard ADDY, THOMAS — HUYLER, SUSAN 10/00 -9/01 160 PARTICIPANT FILES: 2nd Yr WIA City Yard KEOHEN, SHERE — OBERTS, DAVID 10/00 -9/01 161 PARTICIPANT FILES: 2 nd Yr WIA City Yard SALINAS, LUIS — VIVANCO, EVA 10/00 -9 /01 169 PARTICIPANT FILES: WIA City Yard WIA INELGIBLE YOUTH 1999/2001 182 PARTICIPANT FILES: Third Year AFRASIABI, SIDEGHEH to BELL, WIA City Yard RANDALL 10/2001- 09/2002 183 PARTICIPANT FILES: Third Year BENJUMEA, GUSTAVO to DEAN, WIA City Yard VALERIE 10/2001- 09/2002 184 PARTICIPANT FILES: Third Year DEGUILLEN, OLGA to GUTIERREZ, WIA City Yard ELIZABETH 10/2001- 09/2002 185 PARTICIPANT FILES: Third Year HARRIS, SIDNEY to KOURI, DENNISE WIA City Yard 10/2001- 09/2002 PARTICIPANT FILES: Third Year City Yard 186 LAC, JAMES to LY, PETER WIA 18610/2001- 09/2002 187 PARTICIPANT FILES: Third Year MACIAS, SERGIO to MU WIA City Yard RDOCK, SHARON 10/2001- 09/2002 188 PARTICIPANT FILES: Third Year NAGABAYSSHI, EMI to PENN, GARY WIA City Yard 10/2001- 09/2002 189 PARTICIPANT FILES: Third Year PEREA, WENDY to SAMPSON, CARLOS WIA City Yard 10/2001- 09/2002 19C -7 CITY OF SANTA ANA WORK CENTER RECORDS Qty Discard Program Year Location Date Day Storage Contents Destroyed Box # 190 PARTICIPANT FILES: Third Year SANCHEZ, JUAN to TRAN, WILLIAMS WIA City Yard 10/2001- 09/2002 191 PARTICIPANT FILES: Third Year VADMAIS, NORMAN to ZHU, LING WIA City Yard FRANK 10/2001- 09/2002 192 PARTICIPANT FILES: WIA - Exited City Yard CASTILLO, BLANCA to MOTLEY, within 3/01 - ROBERT 9/30/02 7W 193 PARTICIPANT FILES: WIA - Exited City Yard NILES, GILBERT to WOLF, CHARLES within 3/01 9/30/02 194 PARTICIPANT FILES: WIA - Exited City Yard Aguirre, Michael to CREIGHTON, SEAN within 10/01- 9/30/03 195 PARTICIPANT FILES: WIA - Exited City Yard DAC, MAI to GURIN, VLADIMIR within 10/01 - 9/30/03 196 PARTICIPANT FILES: WIA - Exited City Yard ' HA, HUNG to KORB, NORMA within 10/01- 9/30/03 197 PARTICIPANT FILES: WIA - Exited City Yard LE,'DANH to ROSSO, RODRIGO within 10/01- 9/30/03 198 PARTICIPANT FILES: 2001 -2002 SPO APPLICATIONS City Yard 199 PARTICIPANT FILES: 2001 -2002 City Yard SPO APPLICATIONS 200 PARTICIPANT FILES: 2001 -2002 City Yard SPO APPLICATIONS 201 PARTICIPANT FILES: 2001 -2002 City Yard SPO APPLICATIONS 202 PARTICIPANT FILES: 2001 -2002 SPO APPLICATIONS City Yard 203 PARTICIPANT FILES: 2001 -2002 City Yard SPO APPLICATIONS 204 PARTICIPANT FILES: 2001 -2002 City Yard SPO APPLICATIONS 205 PARTICIPANT FILES: 2001 -2002 City Yard SPO APPLICATIONS 206 PARTICIPANT FILES: 2001 -2002 SPO APPLICATIONS City Yard 207 PARTICIPANT FILES: 2001 -2002 City Yard SPO APPLICATIONS 208 PARTICIPANT FILES: 2001 -2002 City Yard SPO APPLICATIONS 19C -8 CITY OF SANTA ANA WORK CENTER RECORDS Qty Discard Program Year Location Date Day Storage Contents Destroyed Box # 209 PARTICIPANT FILES: City Yard SPO APPLICATIONS 2001 -2002 5 SUMMER YOUTH; SY 2003 City Yard YWDP Worksites A -Z 7 YEAR ROUND: Exited 2001- City Yard WIA Youth out of school A -M 2002 8 YEAR ROUND: Exited 2001- City Yard WIA Youth out of school N -Z 2002 9 YEAR ROUND: Exited 2001- City Yard WIA Youth in school 2002 32 Participant Files SY 199 Vasquez, D — Zuniga, Ju City Yard 44 Participant Files SY 199 Sip, Sid — Tran, Ma Ci Yard 45 Worksite Files SY'02 City Yard 46 YETP Participant Files SY101 City Yard Gue -Hon 47 YETP Worksite Files SY -03 City Yard 1 Duplicate MIS / JTPA Participant forms 6/30/03 & EXITED ADULT AND DISLOCATED Prior City Yard WORKER DATA ENTRY FILES A -L 2 Duplicate MIS / JTPA Participant forms 6/30/03 & City Yard EXITED ADULT AND DISLOCATED Prior WORKER DATA ENTRY FILES N -Z 3 Duplicate MIS / JTPA Participant forms 6/30/03 & City Yard EXITED ADULT AND DISLOCATED Prior WORKER DATA ENTRY FILES 02 -03 4 Duplicate MIS / JTPA Participant forms 6/30/03 & City Yard EXITED YOUTH Prior DATA ENTRY FILES A -L 5 Duplicate MIS / JTPA Participant forms 6/30/03 & City Yard EXITED YOUTH Prior DATA ENTRY FILES M -Z 19C -9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 JTPA & FEZ PARTICIPANT FILES - DECEMBER 31, 2003 & PRIOR INVENTORY LIST (CITY YARD) 2003 Terminated Files 2001 Client Files CAL -COR 2001 Client Files AB- AVA 2001 Client Files IBA - LEN 2002 Terminated Files 2001 Client Files NGU - PER 2002 Client Files CHO - HER 2002 Not Interested 2003 Non -Fez Files 2001 Client Files Vil- Z 2002 Client Files MEL - TOO 2002 Waiting List Files A -F 2001 Client Files LUC -MAD 2001 Client Files MAN -MER 2002 Client Files TRU -Z 2002 Terminated Files A -G 2002 Client Files A -CHA 2001 Worksite Files 2001 Worksite Files 2001 Client Files RUE -SEN 2001 Client Files DAM -FUE 2002 Waiting List Files G -N 2002 Client Files SA -TRI 2002 Client Files P -SOL 2001 Client Files RAZ -ROS 2003 Non -FEZ Applications 2001 Camp Success Evals,& Reg Appt Logs 2001 Lunch Logs, 2001 Program Manual 2001 Client Files Ser -Syt 2002 Client Files Hon -Mar 2001 Client Files UON -VIL 2001 Client Files AV -CAD 2001 Client Files PER -RAM 2001 Client Files TAN -TRU 2001 Client Files FUI -GON 2002 Waiting List Files O -Z 2001 Client Files MOL -NGA 19C -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF SEPTEMBER 30, 2009 CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION 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 In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the seven major elements listed below: • Type of investments, • Date of maturity, • Par and dollar amounts invested in each security, • Weighted average maturity of the investments, • Market value as of the date of the report, • Source of the market value information, and • Any funds, investments or programs, including loans, under the management of contracted parties. State statutes require that a quarterly report be presented at a Council meeting; however, our office continues to provide this information monthly. The information is in compliance with State law and the City's Investment Policy. The attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of September 30, 2009. 19D -1 QUARTERLY REPORT OF INVESTMENTS Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency i P-1 MA CITY OF SANTA ANA TREASURER'S REPORT as of September 30, 2009 EXHIBIT 1 lt'� c � coo 0 Q E N :a cC E o N O O p E d �+ O .. CL v oa °Cn CL a D � w F 0 0 0 N e M N O 00 N < 00 cD a D � Y 0 sa m d � q ;a CL z qc� E d C cl a a 0 0 N < 7 fp l[7 to f� r M V rn ti S'i o V7 47 O O O M N tl pO O � (o N Q N O G O O M o G o 0 A O O G c lull O O O OMi N � N C Cl) co U, O cn O T M N w M Cl) Ln N O co L6 M N N 4l V C � V H Q N R U O v � a J lL LL M- Z C w e C O 00 N < 00 cD a � O a° Y 0 sa m d � q ;a CL z qc� E d C cl a a 0 0 N < 7 fp l[7 to f� r M V rn ti S'i o V7 47 O O O M N tl pO O � (o N Q N O G O O M o G o 0 A O O G c lull O O O OMi N � N C Cl) co U, O cn O T M N w M Cl) Ln N O co L6 M N N 4l V C � V H Q N R U O v � a J lL LL M- Z C aaoS (n U n O y U > O O K m Oua K a a m 0 O C4 O M T QU C O) K o O N N N G U � o 0 � •Q 07 op C U C O (6 0 C 4i E a. v h 0 a rs K w � E � O O O Y O @ N (D O T O O O 0 C C E wo Q m N _ y > C C O U LO CL L O w > N — N N 41 U _T a m CM O C 0 T E r Z E m U � � � U U � N 9 � C = (9 T C O U Q L_ a- _ g c m to g o O O N O N V M _T C U co O L N O C C Q N U t+l m c 'a d E d co N o > m r C r �0 O Cm LO C Eco v m L O C O b N •C �Nqq U � tD j� C m a _ t0 a tC1 0) N W Y M 0) y co co C 0 N 10 00 C E N x C y N W C 07 X O Q m N 2 E $ CL a C O O y m N C N O N ` y c4) m G 4 N C�C E m L r 7 d N m c m a E c U = Y .@ Z c_ C 'p y Im m T O C y yCy m w O r a d 5 U W C W U x C v to V W y U Q W J U U a M�- F�- iL- - 19D -4 aaoS (n U n O y U > O O K m Oua K a a m 0 O C4 O M T QU C O) K o O N N N G U � o 0 � •Q 07 op C U C O (6 0 C 4i E a. v h 0 a rs K N A « p� j O R Q. R S > t R jQ D � V � M Y m � A C N ED ma u R C > R am At C m m >c a V rn app: oprn cS� o o a o 0 0 0 0 0 0 o r 7 r r r r .- :v N Q a N V N N N N N N N N O O N N O U N N N N N N N N N N N N N N v 3 M r C 4) C C. E y 0 Q G) > N C �n of N O o 0 w M M o O M cD W O o O o 47 4 O N p C O O O W V M O1 6 O N N a0 O� �D O O �n O^ N � r H .V •- a U •— ID Cn a° ,° L O N a a ma u R C > R am At C m m >c a V rn app: oprn cS� o o a o 0 0 0 0 0 0 o r 7 r r r r .- :v N Q a N V N N N N N N N N O O N N O U N N N N N N N N N N N N N N v SoS000SS888S8888SS888SgS0 0 0 0 N N Ny N N N N N N N N N N N N N N N N N N N N N N N N N W O d Ol O it Q/ c0 O O7 O iD �V 0 u7 O O1 c0 �7 O ul .�- O N N= o °n N N N N O U LL LL m C C Y Y C C Y C C Y Y y y y Y y y y Y y r Y U ��}} C [ C C C C C G C C C O O m m '0 m m i0 ro m m ro ro m m m N m m m m_ m m m m m m m m m m m CO [ -[ C C C[ C C 8 W W m m O ro m ro m m m m et ro m m , m m R > > O O O p� p� Ot O CO O O O O O O O O O O O O O ` J U u V A R m m O m Z W W m m m m Si W m m W W W z E E z E- E Z E E E E E€ E E E E E€ E E E c c o 0 o s m m o 0 o r o o ro 0 0 0 m 0 o ro o 0 m 0 m Qmf p mt Q Q 2 2% 2 Z Z Z 2 2 2_ S S LL 2 2 2 LL S S LL 2 S LL 2 LL — ti —0 J J m mm W b m m 0 m m '9 �9v 'O 14 � � 0 y 99 LL LL O mS LL A LL LL LL LL LL LL LL LL LL w w LL LL LL LL A m N (A N C � u �y 01 U U N 47 Q) 10 N M pp O) N W U) a0 a0 C LL LL Y7 I� 11 O 7 W W tp V r N N 0� lb :n O m : ^ tn W E d a !: ----- rrrr -rrrr — - rr a E O i v C a a u c U W d C L a X O V C C7 X 2 LL W D N> W H W a< u m m ago 2¢ i d O C7 = d m U 3 2G a L" h F C? W a n c7 W N X A N X 01 W O X N X X X X X X X X X X X !0 U U m W M CD M �O m u] M aC M M M M M M M M M M M M M M M M M M u LL LL N M M N M M M M M N M M M M M M M M M_ M M Cl) M M M. M M M 6 J J a C. �': LL 01 M M O M M M M M 0> M M M M M M M M M M M M M M M M M M 19D -5 C C M r C O O m W N r o w O O N . v M N 0 V C V O r o to m 0) O M M w p o N N C �n of N O o 0 w M M o O M cD W O o O o 47 4 O N p C O O O W V M O1 6 O N N a0 O� �D O O �n O^ N � r H •- r r r� r r N O O O C M O O O M Q M M h r G N N N O N 4 C N 1- C1 0 M M O W N M M O N M. Mi P N N W V O N W W In V N W M O M rn M N M W M O 7 O U N O o N m r 43 01 V V O l7 N M M N— M N N O M C O O r O r r N 0 �- O O Cp O N O O O �� r cpp'1 r � C .- •- M •- �- M c�i �- r M M Ln p p N_ o o 0 0 Ion o N p 0 0 0 o In o O C O o o 0 0 0 _ i[; 0 0 Cl) N N N W O O N' O N, V h N M 0 N 47 O O r r M N V M .. f- M M M g O N '° SS.S$$ °po Sopopp °p8$BBSSpSSOp�B$000po$�8S 7 O li V1 : M O88 M O O O Np cNV O 01 O O pp in O � OC oc O O O O5 O 8O 8 p cOcpp? � QOM� 8 Ln o .n o a o 0 o S g v S o 0 0 o °o, o °, o 0 o g o S° S o g M o Ln O to O M �/f N 0 0 0 0 0 ` 0 0 0 0 �n O N C o N O M � 0 Qp� o o OW g Qp� O m O 00 O p u°f I� aD pp M W o S cC t� 01 a0 M Om N 93 g tD u7 �D T O O CD M O O _ O W O W Of O OI 0j O ap r N M r r— r .- r .- �Sei $S S,SSo$o$o$SoSS$SSS000SooSSa S S 0 0 0. 0 0 0 0 0 0 °o °o $ $ 0 mO� 0 0 °S0°OO °$88880000000 °0 °o0 Nm lo N M— r r r r r r M r M M M V N M r r r N r M M SoS000SS888S8888SS888SgS0 0 0 0 N N Ny N N N N N N N N N N N N N N N N N N N N N N N N N W O d Ol O it Q/ c0 O O7 O iD �V 0 u7 O O1 c0 �7 O ul .�- O N N= o °n N N N N O U LL LL m C C Y Y C C Y C C Y Y y y y Y y y y Y y r Y U ��}} C [ C C C C C G C C C O O m m '0 m m i0 ro m m ro ro m m m N m m m m_ m m m m m m m m m m m CO [ -[ C C C[ C C 8 W W m m O ro m ro m m m m et ro m m , m m R > > O O O p� p� Ot O CO O O O O O O O O O O O O O ` J U u V A R m m O m Z W W m m m m Si W m m W W W z E E z E- E Z E E E E E€ E E E E E€ E E E c c o 0 o s m m o 0 o r o o ro 0 0 0 m 0 o ro o 0 m 0 m Qmf p mt Q Q 2 2% 2 Z Z Z 2 2 2_ S S LL 2 2 2 LL S S LL 2 S LL 2 LL — ti —0 J J m mm W b m m 0 m m '9 �9v 'O 14 � � 0 y 99 LL LL O mS LL A LL LL LL LL LL LL LL LL LL w w LL LL LL LL A m N (A N C � u �y 01 U U N 47 Q) 10 N M pp O) N W U) a0 a0 C LL LL Y7 I� 11 O 7 W W tp V r N N 0� lb :n O m : ^ tn W E d a !: ----- rrrr -rrrr — - rr a E O i v C a a u c U W d C L a X O V C C7 X 2 LL W D N> W H W a< u m m ago 2¢ i d O C7 = d m U 3 2G a L" h F C? W a n c7 W N X A N X 01 W O X N X X X X X X X X X X X !0 U U m W M CD M �O m u] M aC M M M M M M M M M M M M M M M M M M u LL LL N M M N M M M M M N M M M M M M M M M_ M M Cl) M M M. M M M 6 J J a C. �': LL 01 M M O M M M M M 0> M M M M M M M M M M M M M M M M M M 19D -5 C C cl q bboagggogg858888Sabbobooboa rn m 0 m m rn CD C N N N N N N N N N N N N N N N N Np N N N N N N N N Z� ... ip R N N N N h t� O N N g O a a 1f7 O chi 0 0 t+7 O N N N N O N O N CL 0 0 0 t�1 O O O N N M O O N N o 0 0 0 0 0 0 0 0 �� � •- -- -- - o a o c c o M Tipp M O p �p pp O C 5 (T• N N M M O T p p M } r 0 O Oj S Onf O N M M CI if1 to to t0 O h r s t y a Qp N M � '- d n U M O O O (p 88 S O M q t0 t0 M O a N u7 t[; u7 M LO to t0 -1 '� < O Q� M O Q Q M N M h h T M M N O M Q to r 01 O N �0 N n N N N O r M c'i r n N n O O tO W n aV r v I� n r f� N n M O v, V' r V M N t0 . 0 0 0 0 0 0 0 0 0 0 0 0 0 � - 4 U app M O O M n c0 r O n C O N U7 M N to O< 0 0 tD r t0 C GO a0 t0 a O O h r N �o h S1 N N 0) N O tDD G r r r JC a r r r f� ty pI to pf I tO N N n r N r O O O 0 O O O O C O 0 0 0 } a« « A pp o o C N to O c o 0 o v pq on o 0 0 00 0 0 0 pq o o g o0 0 ��-' n N O O 1� r r.�< N n�� CO, N C., ODD, Q V C r M N N O h h p o O C O tp M n N n 0 W 0 0 O O� O t0 •- N O O S �f'1 ul O O u7 M tp r t0 to U9 0 0 7 q O O O O O O O O O O O O q ♦� t0 . to r 0 t0 O W O N 0 O O O O N N N v7 �ti M N O 10 h '1 LO M .15 M O M N n .- M •^ [n N h + tD M O a0 N 10 m O 10 O Ne{{ O Opp f� PO N r tD r O O Ili Y m CO p O Cp O 8 0 0 0 t� n e Of 0 N N o LA b y A O n r o A �D Ot O7 01 r r CO O N 01 O M 6 t0 N O N N M N O1 tL) S rn a, a, 0) (n rn et S a v a a c O o o N r� O! rn rn m rn e v v v v, e v rn N e-' N V •^ Cl N r N N In M N N 8 S$° oq 8 8 S$ $ 8 S 8 o S o S o 8 8 8 5 8 $ S Spp j N N S O C 08 p$ qo po poQ p°p N 8 S if7 �i N :1I S S io O O O O RS S N N O In N M M O S 8$ ID ct O o$ogo QI aiOO COO O O hr� 5qg n O� ao eo r m o� o? c Q1 (C g� o °o, °o,o Y� <a901 O �� _vrnrne (n N N M N � M N M C E ca m CD Q a�i j N 8SSS $'' 8$$$800$$8$8$$o$8S8Sgagcgl 8$ �c 8888 00008Q0Q58�5�005�Qgo §8Q5�cQ888 R M aR o o o $ o $ $ g v o $ 25 g o4'u. ?5 25 �i �S $ 08 as t=4 fA VO CO N N M N O t0 7i. . . C. X M N M N N E 0 y W Q CL (� C .O q@ a w co a m w o co rn a m m m rn rn rn o m rn rn o 88 8N 8N 8 8 8 8 8N 8 8 8 8 8r t N N N N N N 0 N N N N N N N N N N M N N N if/ N V N N N cD N r N p N p N pp N 1A t0 N O N O o o M O a a a` a a a `P O tf1 M N N a. a ttoo O O O O O O Q a s a M s 8 � o .- .- 0 0 0 0 0 0 0 .- � o 0 0 0 0 0 0 0 0 R Vj R cc O O v U U J U o rn m m ti O q UU O O O o o O m m m m !n ❑] m m m m O O O tOp O O O m m O m m m m O m O O m 111 N N h +n h a N m �'' vyi h m m m In o Q Q Q Q Q Q Q C Q Q C C C C C C Q C Q Q ^ C Q m n m m m m m m m m m m 0 o o o B 6 8 B o o m o c c o a c o 0 m o 0 o c o o 0 g _P J J J J J J J J J `m m mE E c _- E E m O ip i0 O O 61 N iC l N m O �0 i0 O O O O O O R W TO y�C N o 3 O m O $ LL M_ O > o_= O O m m (p m pp m 2 S z z z z z Z z S 2 Z Z S S 2 2 S S z 2, S Z z S 2 yam, Z L, a —L i0 —0 —0 — O A R N N -- --p0 mmmN v� �m m m 2 m 0 m m LL LL LL LL R 6 m m an d C 07 m m m LL LL LL LL N LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL F LL LL LL LL LL H LL '6 N m � d G • E 7 V m U d w W y N Q OJ �n _ W e� O ty r O oM pp �!i 7 t0 W CO r �M�00 O CO QN� p N < Q cp tCpp yr� [y0 tCp M N In OD c0 cQ t0� a0 aD C ^ m N j u7 N t0 to w tO to t0 t0 tOd r r r c0 t� �D t0 t0 n r r m h h G U IG 0 C C y d N C O Q y 8j Q LL 61 ✓n Of N' n M n N N O N 'R N O M N 0� ttOo N O Co O Q a W Q X 'aaa�lloClO�����cnc�cnl -can v CL ! C7 a S2Cc ga. n n n rn m rn n rn n N n a n r n r n °D ao rn m rn pp co rn rn rn y 'C � n M ri -mp tai °c�$ �i �i rn ao ao ?Q aQ n N Il'i ij i+S t0 M M M M M N r 1f1 t0 M M r M M M M M M M M M N M_ C 7 M M M M M M M M N M M _ Cl) ^ _ U M M M M M M M M m M M M M M M M M M M M M M M M M Of M M M M M O M i�l'�i d ? r o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o o Q 4 O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O V N O � M O GGG O N N O G O oN N O O O 'o- O o o000N N O O C �O 0•- ooN �O 0000 0 g Of N N N N N N N M M r N i 4 N N r N O 6 N N M R M M M M M M l'�I a 1J U b r n o n N N N n �O O N N N •- cG O r O N M V M M n c7 r O cmG Ons (V N N O C V �D S p �l O O �1 �f1 Q Q Q� h� �O N N NN N N O N ty M O O F O O O O O O O O O O O O O O O O O O C C C O O C O O O O O O O O O O to N N y N N N N N V N M M C x O V O O V <�U) C Q O O C O O C O O O O C C O O O O O O O O O O O O O O O O O O O O O O O O N V O C'f O ui M tD tO m o] M 4: to N p S N cD 5 S r C Q cD �O Q O M IO- R 07 <T fC T cO c+O QI O N M �C'i N o� -- -i, 0- v v �c rn b a rn a � rn c a 0) � -- o rn rn m O� --- .� •- r ^ '- •- In M N N M M $$ o8S5�$88$o$$5888$8$88aSoSo88S$$oo$88 > MC�gg_g8°883°QQa888sSo�88800 m ap m IL7 W r m 00 r O� ap n r m fO <D DO W r n n M a' Sm ����8mmmm�8mmmm`8>�mo om rn rn$ rn rn v< m v a c m m- m a N- V v-- m-- M m - t7 N r — — — �- r r N r r .' r' .' CP Q d> o88S$588888$0$880$$888So$ C-4 ?og8o80055��Soa8QS88QS8S .88aQgQ000S 0000SoggoO 525 $$ggouY$$O9 0 Z5000°SS25 M N O M M M '- `- M c") N O M M t'7 '- N N N N N M N N M O O G 0 � 0 CL U O OpOpyy pppp�� pppp�� QpQp�� pppp�� Q pppp�� ppppyy QppO�� Oq� UOpp'� mpmp O S O O C O O O O S S S O S O S S O O S CJ O O S S 0 0 0 0 0 0 0 0 0 0 N_ N N N N N N A L i•i• ` pN N _QN N N N N N N N N N N (V V 0� If7 fD tO to r f� I� fD oo c� 4� 1� to 01 N N V CZ5 O a CO OO�� pp O O cl O O O N M N M N M N O O ^ 0. O N O N C N N N N N tll Y7 t� u: O O LL': of Q Q � C C C C O O O O O O O O O O O O O CL 0 O O O O O O O O O O O O O O O m m 2u > U CO.'. v m m ti m Y Y Y O N O O O U O 2 O O O O O O '9 N yy VOyJ yO R, 0t� q Vq. Vqi y y N N CO m N N h W m N g m m m m q R F m ti A N tC f0 O _ O 5 s 5 m d m m Sr y 67 d © O _ __ C - - F= s E E= i= E E E_ - E E - �Q O O O O m m m m N O i6 O t0 N i0 O R m m M t9 �0 N C O m m N t0 m O fn O O 9 Z S Z Z Z Z Z Z Z Z S Z Z Z Z 2 Q 2 S Z Z S 2 m x Z Z Z Z Z 2 Z m Z =, A A A m m A m w A _- m m I� w LL LL LL LL F LL LL LL LL LL. LL LL F LL w LL w y w LL LL LL LL LL {L LL LL LL LL LL IL LL LL LL LL y d x � v m E O m C cJ V �V+7 N m O M r M� M N N N c O N OD en} m n C N tO m f0 M C Mm S m o) m LOCO tDaO a00 a00 S S S S m OD n r �0 m r r m n aO a0 co ec m m a0 q C d N m 10 CO o cO Y d M Q Q a. N M Mrn .rn .t (rn 7 Sa� ( S u W a >> ic N C, a rn a+ o~i rn rn u�i rn u+ � m w ��pp ao �p m o� w ca ao o� m pp �OpO m m pp o+ x m o� pp�� qpOy pp ¢ m co m m co M N r to Y! N M r M M O O S S M e9 tO to N �Cl M �i M G M M M N_ M M m M N M M M M M M M M M M M M M M M M M 19D -7 IA T m A O O p1 j O A N o N N a 0 T cc �i T a A jd V D -0 O O O O V) f0 N r O O O r m $ o > Y a n cn r� to n c a m OM O a o 0 b 1N N O V S P' C Q cm V O N O w f N C r _ � C Q as > C14 p8 $ 8 $ op O O O O O O a t4 cC t/1 L i/� C � ai Go 1V LQ N N iA 10 c o E -o w U U) O ,.�O. a. rom $ o ` O O a. d o mym cm 0 ao o $ A O i0 1011 > A Q m 7 v Pf m r R O 0 ♦ O N i a m I v a° > p m' m A m m > n c u� Q Q A A m A ik ul y 1j 0 a _ d A U N a m v •47 CL I to A '� d N '� V 1- O1 Z H cn to cn 0 0 m vi O M 001 tG n r <on W) N Go a M Io fV ti O O l+l A O F Q G (n U O U L Q J. d v 2 6. T 1r <�, f °° & � \ !f -- \) ( � $ 2 to §§ $ �7 cc k� ; e} % ®+ � $ 7% ) 10 m co In m, ; k 2 0 C ■ 2 o k ■ m k §k e� U o $ ! » » ƒ a f3 ) )\ J� » c R f �LL Bk in c � | °° �) CO LL c / - M \ cn . 19D-9 o � i rn o 0 °v n n 0 0 N N R O �O t0 f7 H w co m cl O O v V t�<O H .0 n 10 10 cl� It cr p � Q O pl O � o ' o a C R 0 a v� V.N Q ai c 0 m Z N C m G N L m U � 1 g Lei on to elf 0 N t�Vp �O N O O 1fl m � H N lo In a C t c L E d C O H m rn C O x d U O CL m G a C m ai N N 19D -1 I T C m CL E O U H C d N m 3 Z I m W N N H 0 0 0 W O O .'E eC 0 C « m � U m 0 0 A > m 0 0 Y ti ^Cl) d a J H N d Z Q L N i0 LLJ M N 8 Cl) .. m W W = = O a N V r�R Q U N C7 T m a Q O E W O U � J N a m � c a 2 a N d � Z Z m a H pi a d � N rd+ y U N H o � i rn o 0 °v n n 0 0 N N R O �O t0 f7 H w co m cl O O v V t�<O H .0 n 10 10 cl� It cr p � Q O pl O � o ' o a C R 0 a v� V.N Q ai c 0 m Z N C m G N L m U � 1 g Lei on to elf 0 N t�Vp �O N O O 1fl m � H N lo In a C t c L E d C O H m rn C O x d U O CL m G a C m ai N N 19D -1 I T C m CL E O U H C d N m 3 Z I m W N N H 0 0 0 0 0 0 0 0 0 0 O {{ O O F O M N a' � 9 � C A .Ri. 0 y N O U F- c m N 91 Y z m 0 « o 7 m O U a Y R 5 0 T � C cO O N ul O c R a C R rC E C H V O x C E a O a m G a C m ci 7 N N T C CL E O U H ate+ N d 3 Z CO d N 7 H ~ W > � � t � = m 0 = � c LL i'. r�- 5 T v M cf 7 � A H M } O Y C d d A U d Y A A A IL Ch F _ M O w � a m mE� � " a w >cn U � a N E d c> a y U T C C. E 0 U N F E w N d 3 z m F ch M M �i7 10 1(f O 0 tv .e ^ O h N N rn OOi OOi M Pf h tp 10 10 v V O I I ', ttph�� tpNp tpN 01 O� T co io io N N N CM t^� n c0 ZO i0 v a v R N Q Q ° c e a m A � O C d a E N y C O E ~ J N V a` fq c W c W U_' m Q M 0 O a' a a s 0� m U Q z a a z a w m d H U' c}n y I� $ O O ppO O O C OpO O O O Q h i i O o O $ O o N a 0 d O s. > ^ ° � a> c a> c A O G ` y _o O a 7 N N C CD E O � � Q C � C O a f9 U r y S O O O S pO S O G T E o ° O O O O O O c 'o U 7 ~ O S O � � 3 v W A z m a m � O ^ Q Q Q � ` f- O :E y in � v � y 19D -11 m O Q h O s. > O G ` y � � Q a S O o ( O O O O S O O O S pO S O G O O O O O O O O O O S O o (V W A O ^ Q Q o � v � m O w y a h C C � N O /D U r A F- T c � � ea a y E ° 0 U N 0 3 = z m � „ = m d Og 0 0 0 0 � T W 0 0 0 0 a p°6 Zc 0 0 0 °a �a O r- v (D t0 g o i0 c d N 8 U c� O h w m d N pMpp iD Y a � d 7 > o D7 N CL 0 O e09 m O 1p O O A a C a � a> C a> C A R W Y N is O B W CC O a C d � G d H Q. C Li � W > f/! a in C N o ❑ L � A U (A U C v F �^ v Q a U � G 7 H (d CL y � 1 O •y U # O CL W a n C � o m — N f0 c ' 7� a Y Z I LL C m a R tI3 y aNi Z Q Q 0 0 0 0 0 0 0 0 0 0 0 0 0 m m cco ti n n N N N N N N V d O u09 N b W � � N N N N N N v < O N N � n n � � A CV N N N N N d IO p WW` N 0 a> a> C C A W is s: O y a E cm co G C � Y E L H U r a N 61 m d m a cN.i C c Q Y C C CO G N l0 � M V tYlJ H T G l0 CO. G O U N F- fl! 3 } Z m V ate+ V1 L H c O a d "1LC d C O o � t o � F T � 5 0 f' y 0 0 0 0 0 0 0 0 0 0 0 0 0 °a 0 0 0 O O r- v (D t0 i0 N 8 v t� <D O h w .On � N pMpp iD a � a 1�+ r o D7 0 Oi N 0 O e09 m O 1p O O A a C a � a> C a> C A R !0 10 N is O B O a C d � C C Li � a o L � A U C v F �^ v Z � � a U N d y � 1 � J W N .p c � ~ O c N LL a v aNi Z Q Q c Y t0 IF Q Z C o � m n vYi f0 U J n crn N I 19D -12 0 0 0 0 0 0 0 0 0 0 0 0 0 m m cco ti n n N N N N N N V d O u09 N b W � � N N N N N N v < O N N � n n � � A CV N N N N N d IO p WW` N 0 a> a> C C A W is s: O y a E cm co G C � Y E L H U r a N 61 m d m a cN.i C c Q Y C C CO G N l0 � M V tYlJ H T G l0 CO. G O U N F- fl! 3 } Z m V ate+ V1 L H c O a d "1LC d C O o � t o � F T � 5 0 f' y 67 F- 7 a o� a eC T � Y M c d m � tiC U 7 Y R 7 a H H d Z rn t1f O °i Q O m > uj H _ - M p f9 W_ ~ d E � y Q W > fn to C N y c r O Q a U d tya d Ei Q a D V T C f0 a E 0 U N 7 H C d H 3 } Z m d Y df H O � 8 pO Op Op o ( O S 0 0 0 0 0 0 o O O M t`i M n n n O oaO S Qi m m � r r o d O N R � d d a> a ° c c R R E o � d E y d C O H Z I N i d Q' H Z � Q y Q 01 0o co o Z a Q Q ` Z > ao 61 c O } N i T C t0 a E 0 U y 2 H C w Vl 3 } Z a7 d Y y F�- 1 MUM QOf I O O O W O O C a rn 0 O O O O O O O C °o I o 0 0 w d O N d O Q 0 v 0 a dl N R `1 H m v N om C A m O t6 � U rnn 9D -1 0 O O 0 O C O O g c E a> m c E d > C H a y d Of O 07 m C Q�p C C !0 d 7 tl1 H 3 T C W C. E 0 U N H C r d Z m d y 2 H O a O x G O O cp p O Op p O Cp C G G O I 0 0 0 O 0 S 0 c O C 0 t0 O t0 A w p S t0 r w O ON N to 0 O O N w O N 40 co co N cc 40 4k w d O Q Q n o � � R o R � E y m C !O- Z N !Q d H d t0 N O o m O - v u c Q � Y R � O T d C � m C h c C d 0 o 0 CD a o� O � � o �5 0 A o o f S O 0 Y � C d C � U CJ 7 d d 7 W N IL H F- N y L m t E �E;; N W > to (n c m = t in 2 a a' U T �^ w a E �p O U # � N c 1 7 E u°i F= n T ` C _ Go � N c 3 a } .@. Z m eca a � N V N H 0 0 o � ' o O O O O O r n O O O O O � cO t0 � h F- f� � m O O O O fA 00 � N h, m 6f o, o m_ m c; cD N � O Q o g 0 y Z v m a� I � N N ° O C ° 7 O v u a m N C � O � 0 C O r O O O c0 h aD O O O ai 0 m tG rn d Q a m I � c I E w c 9 O H Q N d co m m T cc c a c m d 3 N N 1 T c CC CL E O U N 3 c w N 3 Y Z m ai d H F�- 9D• COI N o 0 0 `N I o0 N O O O I O N O O S O O O O O O O O O O N O 0 2 a s u c C C ° 7 a O v u Q m m A d G V 'Z' v .14 O °o Q0 S O G O O O 0 R 7 Q m c E ayi c 3 H a LL w Z W W U co a Z a a F Z Q 7 Yn H T c t7 CL E O U N M= E r N 3 } Z m d N 7 H cs 0 0 0 0 gl g O O O O O O O O O O °o m N � O Q c C m 0 r'n c LL c OI s N f9 U N a N x m c m h- � � iY s � R m o� d Q m c E aqi c f 0 o 0 Q O � � o o o 5 ' S O O O O m o� d Q m c E aqi c f d � R r a c� N O m r� o �Ix v d > 'd m d'I o, La F- y M O � H W g W C � d O. W W > to (n U O Q a U m N W Q N T C m �o c C, c' (S 0 O O °I g 0 NR Y O Q A I � � o in U J Q 1 w U Z I D V) 2 g m i c ea m c Q0 a O d R A m i c 0 LL m W Q 2 1 T C R CL m 9 0 0 0 0 W O O m e v O O N O 0 LL E N ti U Z N 0 c m � 9D -15 FC Q! t0 n. a m n a a W a c m d E m c A O F 0 LL W 2 Q T C t0 a m o �a 0 0 0 0 N N O O 0 0 of o N O > ti C o � 0 in S, LL E h R U Z d F 3 0 c m m Q, c ro A. R Q °c m c E m c o Q O D y � 0 Y d v, c c °o 0 `c a c 0 S 0 N O 0 0 A. R Q °c m c E m c �w a o� 0 o C 00 0 o o O O °o o C �o A O f O O 00 oo o N A o m N A o 0 m Y > C r m E C t� y E c v d 7 N i d T� Y A g W W Ch m 7 A O LL co c R CL w o o a o U H tr 0 o a 0 U N W i G N Y1 W N N! 0 W H d Z a d 3 N d Z a d 3 N O 3 a Q � z m H a a N z m _ M o N !� H U) m W C � N !� F- F= m 0 19D -16 E N a W � > t% y � c N L C cna U a LL E rn .q.. � r H Z W d C a w Q a 0 0 o U � N �+ d cr W N � a y F v G e � Z a d 3 � z z N m d Y LL m 7 N y 7 V H H °o 13 O o O o 0 o C 00 0 o o O O °o o C O 0 a o C O o O O 0 o o O O O O O 00 oo o N A o m N A > O a m E C o a y E c L � J a c LL T� cn � z 0 W W Ch N U w ~ O LL co c a w o o a o U " tr 0 o a 0 U N W i G N Y1 W N N! 0 W Z a d 3 N d Z a d 3 Ac m N a Q � z m o m C a a N z m N U ccn N !� H N U Lo N !� F- 19D -16 0 o T� a° c 0 0 of 00 0 0 0 0 0 0 O S 0 N �C o N N m O N 4[j fID N N o G N Y1 W N N! 0 N m N N N d 0 � a' � a' c m � C � � E c N y C LL E rn .q.. � r i N U d F v 0 v R o lo m =, C v R N - U c}i� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: AMENDMENT TO THE FEDERAL CITIZEN PARTICIPATION PLAN CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the Amendment to the Citizen Participation Plan and authorize the submittal to the U.S. Department of Housing and Urban Development. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its Regular Meeting of October 20, 2009, the Community Redevelopment and Housing Commission recommended that the City Council approve the Amendment to the Citizen Participation Plan and authorize the submittal to the U.S. Department of Housing and Urban Development by a vote of 4:0. DISCUSSION The Community Development Agency receives funding from various formula grant allocation programs through the Department of Housing and Urban Development (HUD) . These programs include the Community Development Block Grant (CDGB) , the HOME Investment Partnership Grant (HOME) , the Emergency Shelter Grant (ESG) , and the Housing Opportunities for Persons with AIDS (HOPWA) Grant. Prior to 1995, each of these programs required separate application and reporting procedures. Beginning in 1995, HUD required the submission of the Consolidated Plan, which is a five -year comprehensive planning document and application for all of these programs. It describes a strategy to meet the needs of the community and identifies resources and programs that can be used to address them. The Citizen Participation Plan (Exhibit 1) is a component of the Consolidated Plan that describes the means that the City will use to involve the public in its creation and in the creation of strategies for using federal grant funds to meet housing and community needs. With the dissolution of the Human Relations Commission the Citizen Participation Plan needed to be modified with 19E -1 Amendment to the Federal Citizen Participation Plan November 2, 2009 Page 2 respect to how CDBG public service recommendations and ESG recommendations would be formulated. HUD regulations require that the Citizen Participation Plan Amendment be available for a 30 -day public review period prior to being finalized to provide the residents of the jurisdiction the opportunity to offer comments. On September 17, 2009, notification was published in the Orange County Register that the draft plan was available for review beginning September 18, 2009, and that the public hearing would be held on October 20, 2009. It was also noticed in the La Opinion and the Nguoi Viet News as well as on the City's website. The 30 -day public comment period concluded on October 19, 2009. In accordance with Federal regulations, all neighboring jurisdictions were also informed of the draft's availability for review. All comments received have been included in the final document, which will be submitted to HUD. FISCAL IMPACT There is no fiscal impact associated with this action. Cynth a J. Ne son Deputy City Manager for Development Services Community Development Agency CJN /NTE /FH /mlr 19E -2 �_:,� � � � � ,. � _ - :� ♦ . fit! W f n Citizen Participation Plan The Citizen Participation plan has been prepared pursuant to federal regulations and the City's desire to encourage and support public participation in the development of the Consolidated Plan (and subsequent annual updates to the Consolidated Plan), and to comply with 24 CFR 570.704 (A) (2) (i.e., CDBG Section 108 Guaranteed Loan Funds) Citizen Participation Plan regulations. The actions delineated in this Citizen Participation Plan only relate to the planning and expenditure of funds provided to the City by the U.S. Department of Housing and Urban Development's (HUD) Office of Community Planning and Development (CPD). CPD entitlement funds received by the City include the Community Development Block Grant (CDBG) and Section 108 Loan proceeds, Home Investment Partnership (HOME), Emergency Shelter Grant (ESG) and Housing Opportunities for People with AIDS (HOPWA). Citizen representation and input has been, and will continue to be a major element in the decision - making process culminating in the adoption of the Consolidated Plan, related annual objectives, and potential Section 108 Loan applications. EXHIBIT 1 REVISED APRIL 2007 169 CITIZEN PARTICIPATION PLAN 19E -3 CITY OF SANTA ANA 2005 -2009 CONSOLIDATED PLAN APPLICABILITY AND ADOPTION OF THE CITIZEN PARTICIPATION PLAN As required by HUD, this Citizen Participation Plan has been developed to ensure Santa Ana residents participate in the development of a strategy to meet the housing and community needs of the City, and the utilization of federal CPD entitlement funds to meet these needs. Citizen involvement will be encouraged in the development of the Consolidated Plan and annual updates to the Consolidated Plan. The Citizen Participation Plan will also affect the process by which community stakeholds are included in the assessment of program performance and substantial amendments to the Consolidated Plan. The City will ensure citizen participation through the use of community wide notices in the form of newspaper advertisements announcing public workshops, meetings, and /or public hearings. From time to time other methods of communication may be utilized to encourage citizen participation. These methods may include the use of surveys, special mailings and the utilization of video /electronic communication (e.g., cable T.V. notices and City's web page, etc.). Authorization to submit the Consolidated Plan to HUD by the Santa Ana City Council will constitute the adoption of this Citizen Participation plan. ENCOURAGEMENT OF CITIZEN PARTICIPATION Santa Ana's Citizen Participation process will place an emphasis on involving persons of low- and moderate - income, minorities, non - English speaking persons, persons with disabilities, recipients of Section 8 Housing Rental Assistance, and the agencies whose programs focus on the needs of these people CITIZEN PARTICIPATION PLAN 170 REVISED APRIL 2007 19E -4 CITY OF SANTA ANA 2005 -2009 CONSOLIDATED PLAN (including the Santa Ana Housing Authority). The following elements of the City's Citizen Participation Plan are designed to ensure Santa Ana resident involvement and representation in the Consolidated Plan process. 1. Citizen participation is open to any person wishing to attend any of the meetings, hearings, and /or workshops sponsored by the City regarding HUD CPD programs. 2. Public hearings will be held before the City of Santa Ana Redevelopment and Housing Commission to obtain public comments at various stages of Plan preparation and adoption. The comments received during the hearings will help the City determine housing and community needs and priorities, and the use of HUD CPD funds. 3. In addition to individual citizen participation, the following advisory boards will be utilized by the City: ■ CDBG - An ad hoc committee may be empanelled for the purpose of reviewing applications for CDBG public service funding. The composition of the committee may vary from year to year; however, in general it may include representative from City commissions, non - profit organizations, other government agencies, and City staff. The priority needs identified in the City's Consolidated Plan will provide guidance for funding recommendations. If practical, the ad hoc committee may interview grant applicants. The ad hoc committee's funding recommendations will be presented at a public hearing; however, final funding recommendations will be approved by the City Council. ■ HOPWA - The Orange County HIV Planning Council will provide input on countywide priority needs of persons with HIV /AIDS, and the utilization of HOPWA funds. The Redevelopment and Housing Commission will review and endorse these HOPWA- funded activities during a public hearing. Funding recommendations will be approved by the City Council. ■ ESG - The same or similar ad hoc committee empanelled to review CDBG public services funding requests may also be used to evaluate ESG grant applications. Priority needs identified in the Consolidated Plan's Homeless REVISED APRIL 2007 171 CITIZEN PARTICIPATION PLAN 19E -5 CITY OF SANTA ANA 2005 -2009 CONSOLIDATED PLAN Needs Assessment will provide guidance for funding recommendations. If practical, the committee may interview applicants prior to rating applicants. The ad hoc committee's funding recommendations will be presented at a public hearing; however, final funding recommendations will be approved by City Council. ■ HOME - The Redevelopment and Housing Commission will review and recommend HOME - funded activities during a public hearing. Final HOME- funded activities will be approved by the City Council. 4. Citizen participation will be encouraged via neighborhood and community wide public meetings and public hearings. As stated above, the Housing Authority of the City of Santa Ana will be involved in the consolidated plan process for the City. The Housing Authority will have access to information on eligible programs, and areas where assisted units are located. Housing Authority participation is aimed to ensure continuity between the Consolidated Plan and the Housing Authority's HUD - required 5 -year Agency Plan. CITIZEN COMMENTS ON THE DEVELOPMENT OF THE CITIZEN PARTICIPATION PLAN AND AMENDMENTS TO THE CITIZEN PARTICIPATION PLAN Citizens will be given no less than 30 days to submit comments regarding the development of the Citizen Participation Plan (and /or substantial amendments to the Citizen Participation Plan) prior to the submission of the Plan to HUD. The Citizen Participation Plan, and any amendments, will be available to the public for review at: • Santa Ana Main Library • Office of the Clerk of the Council • Community Development Agency, 6th Floor Reception Area • Housing Division Office, 3rd Floor Reception Area These locations are accessible to persons with physical disabilities; however, if a physical disability would limit a person's ability to review the plan at one of the CITIZEN PARTICIPATION PLAN 172 REVISED APRIL 2007 19E -6 CITY OF SANTA ANA 2005 -2009 CONSOLIDATED PLAN locations listed above, upon request, the City will make a reasonable effort to make the plan (and amendments) available in an appropriate format. DEVELOPMENT OF THE CONSOLIDATED PLAN Before the Consolidated Plan (and annual updates) is adopted by the City Council and submitted to HUD (i.e., mid -May), the City will make the plan available to citizens, public agencies, and other interested parties for review, and will also establish the means to submit comments. Information made accessible to the public will include the amount of CPD grant funds the City expects to receive (including program income), the range of activities to be undertaken, and the anticipated number of low - and moderate - income persons to benefit from funded activities. Information will also include the steps the City will take to eliminate the need for displacement of persons. If displacement will occur due to any planned actions, the City will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (and implementing regulations in 49 CFR part 24). The City will publish its proposed Consolidated Plan (and annual updates) so that all affected residents will have sufficient opportunity to review and comment on the plan. A summary describing the contents and purpose of the Consolidated Plan will be published in one or more newspapers of general circulation. To the extent feasible, the draft document will be posted on the City's website. Additionally, the entire proposed plan will be made available for review at the following locations: ■ Santa Ana Main Library REVISED APRIL 2007 173 CITIZEN PARTICIPATION PLAN 19E -7 CITY OF SANTA ANA 2005 -2009 CONSOLIDATED PLAN • Office of the Clerk of the Council — Santa Ana City Hall • Community Development Agency, 6th Floor Reception Area — Santa Ana City Hall ■ Housing Division Office, 3rd Floor Reception Area — Santa Ana City Hall A reasonable number of free copies will be available at the Community Development Agency 6th Floor and Housing Division 3rd Floor locations. During the development of the Consolidated Plan (and annual updates) there will be at least one public hearing to obtain comments from persons affected by the use of CPD funds, other community stakeholders, and interested parties. Additionally, as required by program regulations, there will be a 30 -day public comment period prior to the submission of the Consolidated Plan to HUD. The City will consider all comments received from residents, public agencies and other interested parties as it prepares the final Consolidated Plan (and annual updates). A summary of public comments will be included with the final submission. The summary of public comments will include a synopsis of the City's response to written public comments, and an explanation of public comments not accepted, including the reasons why these comments were not accepted. AMENDMENTS TO THE CONSOLIDATED PLAN The City will amend the Consolidated Plan and subsequent annual plan whenever one or more of the following decisions is made. 1. A change is made in the original relative priority designation of a housing or community need, or in the purpose, scope, location or beneficiaries of an approved activity. 2. Undertake an activity that was not previously included in the Consolidated Plan or subsequent annual plans. CITIZEN PARTICIPATION PLAN 174 REVISED APRIL 2007 G 1*961 CITY OF SANTA ANA 2005 -2009 CONSOLIDATED PLAN If the City undertakes a substantial amendment to the Consolidated Plan (or subsequent annual plans), Santa Ana residents and stakeholders will have reasonable notice and opportunity to comment on the proposed amendment. The following criteria will be utilize to determine if a substantial amendment to the Consolidated Plan (or subsequent annual plans) is proposed, and is subject to a public hearing and 30 -day public comment period: 1. Changes in the use of CDBG funds from one eligible activity to another. 2. More than 30% of an annual federal grant allocation is reallocated to other eligible program activities. The City will publish proposed amendments to the Consolidated Plan and /or annual update so that all affected residents and interested parties will have sufficient opportunity to review and comment on the amendment. A summary describing the purpose of the amendment will be published in one or more newspapers of general circulation. A reasonable number of free copies will be available upon request. Additionally, a copy of the proposed amendment will be made available for review at the following locations: • Santa Ana Main Library • Office of the Clerk of the Council • Community Development Agency, 6th Floor Reception Area • Housing Division Office, 3`d Floor Reception Area A public hearing to obtain comments from persons affected by the use of CPD funds, and other interested parties will be held. There will be a 30 -day public comment period prior to the submission of the amendment to HUD. The City will consider all comments received from residents, public agencies and other interested parties regarding the amendment prior to HUD submittal. A summary of public comments will be included with the final submission. The summary of public comments will include a synopsis of the City's response to written public comments, REVISED APRIL 2007 175 CITIZEN PARTICIPATION PLAN 19E -9 CITY OF SANTA ANA 2005 -2009 CONSOLIDATED PLAN and an explanation of public comments not accepted, including the reasons why these comments were not accepted. PERFORMANCE REPORTS The City is required to submit a consolidated annual performance report for its CPD programs to HUD no later than 90 days from the end of a program year (i.e. late - September). This performance report is known as the Consolidated Annual Performance and Evaluation Report (CAPER). Prior to submitting the CAPER to HUD, the City will solicit and consider the comments of residents, public agencies, and other interested parties. The City will publish a notice that its CAPER is available for review so the public will have sufficient opportunity to review and comment on the report. The notice will be published in one or more newspapers of general circulation. There will be a 15 -day public comment period prior to the submission of the CAPER to HUD. A reasonable number of free copies of the CAPER will be made available for review at the following locations: • Santa Ana Main Library • Office of the Clerk of the Council • Community Development Agency, 6th Floor Reception Area • Housing Division Office, 3rd Floor Reception Area A public hearing to obtain comments will be held by the Redevelopment and Housing Commission, with the City Council authorizing the submission to HUD. The City will consider all comments received from residents, public agencies and other interested parties. A summary of public comments will be included with the final submission. The summary of public comments will include a synopsis of the City's response to written public comments, and an explanation of public comments not accepted, including the reasons why these comments were not accepted. CITIZEN PARTICIPATION PLAN 176 REVISED APRIL 2007 19E -10 CITY OF SANTA ANA 2005 -2009 CONSOLIDATED PLAN PUBLIC HEARINGS So that a full range of public comments and ideas are brought to bear during the development of proposed activities and program performance, at least two public hearings will be held each year. Meetings will be conveniently timed and held at locations where people who might or will benefit from program funding may attend. The purpose of public hearings is to obtain the views of residents, public agencies and other interested parties, and to provide a forum to respond to comments. Public hearings will be held during two different stages of the consolidated submission process.53 Specifically, public hearings will be held to: 1. Address housing and community needs and review the proposed use of funds. This meeting will be held prior to the publishing of the final Consolidated Plan (and annual plans) for public comments. 2. Review program performance. Rules for all public hearings include the following: 1. Notice of each hearing will be made at least 14 days in advance, and will be published in a local newspaper of general circulation. All notices will be of a size and type to draw the attention of casual newspaper readers and will state the time, date, location and topics to be discussed. 2. Where a significant number of non - English speaking residents can be reasonably expected to participate, translators will be available. I These meetings will be held at locations that are accessible to persons with disabilities. 53 In addition, for the CDBG program one or more public meetings may be scheduled. Public meetings will be held to receive testimony on public service programs and budgets proposed for the program year. REVISED APRIL 2007 177 CITIZEN PARTICIPATION PLAN 19E -11 CITY OF SANTA ANA 2005 -2009 CONSOLIDATED PLAN MEETINGS Adequate and timely notification to allow citizens an opportunity to attend and participate in making recommendations at local meetings, community workshops, and public hearings, will be provided by way of newspaper notices, special mailings, posted notices, the City's web site, and other forms of communication. AVAILABILITY OF INFORMATION TO THE PUBLIC As previously stated, the City will publish an announcement as to the availability of its proposed Consolidated Plan (and annual updates), amendments, and performance reports, so that affected residents and other interested parties have sufficient opportunity to review documents and provide comments. A summary describing the contents and purpose of the Consolidated Plan, amendments, and performance report will be published in one or more newspapers of general circulation. In addition, a sufficient number of free copies of the entire proposed plan, amendments, and performance reports will be made available for review at the following locations: ■ Santa Ana Main Library • Office of the Clerk of the Council • Community Development Agency, 6t" Floor Reception Area • Housing Division Office, 3rd Floor Reception Area Upon request (and within reason), the plan will be made available to persons with disabilities. ACCESS TO RECORDS The City will provide access to information and records relating to the Consolidated Plan to residents, public agencies, and other interested parties. The City's use of assistance for programs covered under the plan for the preceding five years will also be available. CITIZEN PARTICIPATION PLAN 178 REVISED APRIL 2007 19E -12 CITY OF SANTA ANA 2005 -2009 CONSOLIDATED PLAN Requests for information and records must be made in writing to the Community Development Agency. The written request must delineate the specific information that is being requested. Community Development staff will have 15- working days to respond to these requests. TECHNICAL ASSISTANCE The City will provide technical assistance to groups representing low- and moderate - income persons that request help in developing proposals for funding under programs covered by the Consolidated Plan. The City will determine the type and level of assistance that City staff will be able to provide for each group. Assistance does not include nor assure the provision of funds. COMPLAINTS Written complaints regarding the preparation of the Consolidated Plan (and annual updates), amendments and /or performance reports must be submitted to the City's Community Development Agency — 20 Civic Center Plaza, 6th Floor, Santa Ana CA 92701. The City will provide a written response to complaints within 15- working days from the date the complaint is received. USE OF CITIZEN PARTICIPATION PLAN The City will comply with the process and policies established in the City Council - adopted Citizen Participation Plan when operating programs covered by the Consolidated Plan. Amendments to the Citizen Participation Plan will be subject to the substantial amendment requirements outlined in this document. JURISDICTION'S RESPONSIBILITY The requirements for the Citizen Participation Plan will not restrict the responsibility or authority of the City in the development and execution of the Consolidated Plan. REVISED APRIL 2007 179 CITIZEN PARTICIPATION PLAN 19E -13 CITY OF SANTA ANA 2005 -2009 CONSOLIDATED PLAN SECTION 108 LOAN PROGRAM CITIZEN PARTICIPATION PLAN The City of Santa Ana has developed this citizen participation plan, which will be applicable only if the City applies for the CDBG Section 108 Guaranteed Loan Funds. HUD regulations state that the Section 108 Loan Citizen Participation Plan may be incorporated into the City's existing citizen participation plan for the Consolidated Plan provided that it complies with the requirements delineated in 24 CFR 570.704 (A) (2). Note that HUD regulations state that the City is not required to hold a separate public hearing for its Consolidated Plan and for the Section 108 Loan process to obtain citizens' views on community development and housing needs. To the extent that it is feasible, it is the City's intent to combine these two process as allowed by federal regulations. This Section 108 Loan Citizen Participation Plan sets forth the following policies and procedures to ensure Santa Ana residents and stakeholders are provided an opportunity to provide comments on actions related to a potential Section 108 Loan application and use of such funds: ■ Notices and Meetings - Santa Ana residents and stakeholders will be provided timely notice of local meetings and reasonable and timely access to local meetings, information, and records relating to the City's proposed and actual use of guaranteed loan funds. The means that will be utilized to provide notices will be same as outlined previously in the Citizen Participation Plan. Information that will be provided include, but is not limited to: ■ The amount of guaranteed loan funds expected to be made available as a result of an application for Section 108 Loan funds, including program income anticipated to be generated by the activities carried out with guaranteed loan funds; CITIZEN PARTICIPATION PLAN 180 REVISED APRIL 2007 19E -14 CITY OF SANTA ANA 2005 -2009 CONSOLIDATED PLAN ■ A list of the range of activities that may be undertaken with guaranteed loan funds; ■ The estimated amount of guaranteed loan funds (including program income derived therefrom) proposed to be used for activities that will benefit low- and moderate - income persons; ■ The proposed activities likely to result in displacement and the City's plans, consistent with the policies developed under § 570.606, for minimizing displacement of persons as a result of its proposed activities. Technical Assistance - The City will provide technical assistance to groups representative of persons of Low- and Moderate - income that request assistance in developing proposals for the use of Section 108 Loan funds. The level and type of assistance to be provided is outlined in the Citizen Participation Plan. This technical assistance need does not include the provision of funds to such groups. Public Hearings - The City will hold at least two public hearings at a different stage of the application process. Public hearings will be held by the Santa Ana City Council. • One public hearing will be held for the purpose of obtaining the views of citizens regarding a proposed application for Section 108 Loan funds. • A second public hearing will be held to formulate or respond to proposals and questions. • Together the hearings will address community development and housing needs, development of proposed activities and review of program performance as they relate to the receipt and use of Section 108 Loan funds. • At least one hearing will be held before submission of the application to obtain the views of citizens on community development and housing needs as they relate to the application for Section 108 Loan funds. • Reasonable notice of the hearing will be provided and the hearing will be held at times and locations convenient to potential or actual beneficiaries, with REVISED APRIL 2007 181 CITIZEN PARTICIPATION PLAN 19E -15 CITY OF SANTA ANA 2005 -2009 CONSOLIDATED PLAN accommodation for the handicapped. The means that will be utilized to notify interested parties of hearing times, locations and potential beneficiaries will be same as outlined previously in the Citizen Participation Plan. ■ Language translation services will be provided at meetings, such as public hearings, where a significant number of non - English speaking residents may reasonably be expected to participate. Substantial Amendments - The City will provide affected residents with reasonable advance notice of, and opportunity to comment on, proposed activities not previously included in a Section 108 Loan application and activities which are proposed to be deleted or substantially changed in terms of purpose, scope, location, or beneficiaries. For the purpose of the Section 108 Guarantee Loan program, the City has determined that following situation(s) will constitute(s) a substantial change thus triggering the requirement for a public hearing and 30 -day public comment period: • Changes in the use of Section 108 Loan funds from one proposed eligible type of activity to another that was not identified in the Section 108 Loan application to HUD. • More than 30% of the Section 108 Loan Fund awarded to the City is reallocated to one or more eligible activities. Complaints and Grievances - The City will respond to citizens' complaints and grievances. Procedures for addressing complaints will be the same as outlined previously in the Citizen Participation Plan. The City will encourage citizen participation, particularly by low- and moderate - income persons who reside in slum or blighted areas, and other areas in which guaranteed loan funds are proposed to be used. CITIZEN PARTICIPATION PLAN 182 REVISED APRIL 2007 19E -16 CITY OF SANTA ANA 2005 -2009 CONSOLIDATED PLAN INTENTIONALLY BLANK REVISED APRIL 2007 183 CITIZEN PARTICIPATION PLAN 19E -17 19E -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING THE 2010 CLICK -IT OR TICKET MINI -GRANT AWARD r' 1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: J1 IJ :101NA% ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment accepting the 2010 Click -It or Ticket Mini -Grant award in the amount of $27,000 into the revenue account (account no. 16514002- 52001) and appropriate same into the 2010 Click -It or Ticket Mini -Grant Overtime expenditure account (account no. 16514415- 61040) . DISCUSSION The Santa Ana Police Department has been awarded a $27,000 grant from the UC Berkeley Traffic Safety Center (TSC) for the 2010 Click -It or Ticket 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 enforce seat belt use on an overtime basis. The goal of the project is to increase seat belt use state wide to 96% by September 30, 2010. FISCAL IMPACT Approval of the appropriation adjustment will enhance the 2010 Click -It or Ticket Mini -Grant Program revenue account (account no. 16514002- 52001) by $27,000 and increase the same into the overtime expenditure account (account no. 16514415- 61040). Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: N�a I -t, t L A� Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 20A -1 ` ll" REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FY 2009 DEPARTMENT OF JUSTICE /NIJ COLD CASE PROGRAM FUNDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1`t Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve an Appropriation Adjustment recognizing the FY 2009 United States Department of Justice, National Institute of Justice Cold Case DNA Program in the amount of $300,740 in revenue account (account no. 12714002- 52000) and appropriate same in the FY 2009 DOJ /NIJ Cold Case DNA Program expenditure accounts (account nos. 12714408- various- 094605011127). 2. Authorize the City Manager and the Clerk of the Council to execute the attached Cooperative Agreement with the United States Department of Justice, National Institute of Justice for the terms and conditions set forth in this funding program, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Department applied for a competitive "Using New DNA Technology to Solve Cold Cases" funding program made possible by the National Institute of Justice. This grant was designed to assist state and local law enforcement solve Cold Cases through the use of DNA. The Police Department has received a Cooperative Agreement award for staff overtime, travel, training and equipment in the amount of $300,740 over an 18 -month period. 41UN ti FY 2009 DOJ Cold Case Program November 2, 2009 Page 2 FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FY 2009 Solving Cold Cases with DNA Program account (account no. 12714002- 52000) by $300,740 and appropriate same in the FY 2009 Solving Cold Cases with DNA Program expenditure accounts (account nos. 12714408- various). L�N= Paul M. Walters Chief of Police Police Department 41 = APPROVED AS TO FUNDS AND ACCOUNTS: �iks k S CI* Francisco Gutierrez Executive Director Finance & Mgt. Services Agency Department of Justice GRANT MANAGER'S MEMORANDUM, PT. I: Office of Justice Programs PROJECT SUMMARY f National Institute of Justice Cooperative Agreement fPROJECT NUMBER PAGE I OF I 2009- DN- BX -KO40 This project is supported under FY09(NU — COPS DNA/Forcnsics) Pub. L. No. 1 1 1 -8, 123 Stat. 569,583: 28 USC 530C T I. STAFF CONTACT (Name & telephone number) Charles Heurich (202) 616 -9264 3a. TITLE OF THE PROGRAM NiJ FY 09 Solving Cold Cases with DNA 2. PROJECT DIRECTOR (Name, address & telephone number) Robert Wooding Sergeant 60 Civic Center Plaza Santa Ana, CA 92701 -4060 (714)245.8355 31b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT We will effectively address the changing investigative techniques and utilize the newest DNA technology to solve violent crimes which have no current leads. 5. NAME & ADDRESS OF GRANTEE City of Santa Ana 60 Civic Center Plaza Santa Ana, CA 92701 -4060 7. PROGRAM PERIOD FROM: I 1 /01/2009 9. AMOUNT OF AWARD $ 300,740 11. SECOND YEAR'S BUDGET 6. NAME & ADRESS OF SUBGRANTEE 8. BUDGET PERIOD TO: 05.131/2011 FROM: 11/01/2009 10. DATE OF AWARD 09/16/2009 i TO: 05'31/2011 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (Sec instruction on reverse) The purpose of grant funding will allow overtime hours for one detective sergeant, four experienced detectives and one Property,Evidencc Specialist. The Homrcrdc Sergeant will serve as the program manager for the grant, coordinate, supervise all project activities and assist with follow -up investigations as necessary to ensure program success. ca/ncf OJP FORM 4000,!2 (REV. 4-88) al = ], Department of Justice Office of Justice Programs National Institute of Justice PAGE I OF 9 Cooperative Agreement I. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2009- DN- BX -KO40 City of Santa Ana -- - -- 60 Civic Center Plaza 5. PROJECT PERIOD. FROM 11 %01 /2009 TO 05/31/2011 Santa Ana, CA 92701 -4060 BUDGET PERIOD: FROM 11/01 /2009 TO 05/31/2011 6. AWARD DATE 09/16/2009 7. ACTION IA. GRANTEE IRS,'VENDOR NO. 8. SUPPLEMENT NUMBER Initial 956000785 00 9. PREVIOUS AWARD AMOUNT so 3. PROJECT TITLE 10. AMOUNT OF THIS .AWARD S300,740 We will effectively address the changing investigative techniques and utilize ___...__ the newest DNA technology to solve violent crimes which have no current 1 I. TOTAL AWARD leads. S 300,740 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE.ATTAC14ED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY09(NIJ - COPS DNA/Forensics) Pub. L. No. 11 I -8. 123 Stat. 569, 583; 28 USC 530C 15. METIIOD OF PAYMENT PAPRS �- AGENCY APPROVAL _ 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Mary Lou Leary Acting Assistant Attorney General 17. SIGNATURE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL David Ream City Manager 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. IDNSGT0081 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DN 60 00 00 300740 OJP FORM 4000/2 (REV. 5 -87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4 -88) APPROVED AS TO .FORM r � � 20B -4 Department of Justice Office oflustice Programs National Institute of Justice PROJECT NUMBER 2009- DN- BX -KO40 AWARD CONTINUATION SHEET Cooperative Agreement AWARD DATE 09,16/2009 SPECIAL CONDITIONS PAGE 2 OF 9 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A -133, Audits of States, Local Governments, and Non- Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A -133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of govemment, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOI OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e -mail: oig.hotlineCusdoj.gov hotline: (contact information in English and Spanish): (800) 869 -4499 or hotline fax: (202) 616 -9881 Additional information is available from the DOJ OIG website at www.usdoj.gov /oig. OJP FORM 400012 (REV. 4-88) 41U Department of Justice Office of Justice Programs £. National Institute of Justice PROJECT NUMBER 2009- DN- BX -KO40 AWARD CONTINUATION SHEET Cooperative Agreement AWARD DATE 09/16/2009 SPECIAL CONDITIONS PAGE 3 Of 9 Due to the substantial Federal involvement contemplated in completion of this project, the National Institute of Justice (NIJ) has elected to enter into a cooperative agreement rather than a grant. This decision is based on NIPS ongoing responsibility to assist and coordinate projects that deal with DNA analysis and capacity enhancement, and certain other forensic activities. NO will provide input and re- direction to the program, as needed, in consultation with the recipient, and will actively monitor the project by methods including but not limited to ongoing contact with the recipient. In meeting programmatic responsibilities, NIJ and the recipient will be guided by the following principles: Responsibility for the day -to -day operations of this project rests with the recipient in implementation of the recipient's approved proposal, the recipient's budget (as approved by OJP and NIJ), and the terms and conditions specified in this award. Responsibility for general oversight and redirection of the project, ifnecessary, rests with NIJ. In addition to its programmatic reporting requirements, the recipient agrees to provide necessary information as requested by OJP and NIJ. These information requests may include, but are not limited to specific submissions related to: performance, including measurement of project outputs /outcomes; meeting performance specifications; developmental decision points; changes in project scope or personnel; budget modifications and/or coordination of related projects. 7. Unless otherwise authorized by NIJ, expenses charged to this award must directly relate to: (a) identification, review, and prioritization of Uniform Crime Report (UCR), Part 1 Violent Crime "cold cases" (cases for which all significant investigative leads have been exhausted) that have the potential to be solved through DNA analysis; (b) identification, collection, retrieval, or evaluation of biological evidence from such cases that reasonably is expected to contain DNA; or (c) performance of DNA analyses on such biological evidence. OJP FORM 4000/2 (REV. 4-88) 1 _ seJ 'E pr Department of Justice Office of Justice Programs AWARD CONTINUATION National Institute of Justice SHEET Cooperative Agreement PROJECT NUMBER 2009- DN- BX -KO40 AWARD DATE 09/16/2009 SPECIAL CONDITIONS 8. (a) Accreditation and Privacy Requirements; CODIS; No Research PAGE 4 OF 9 The recipient shall ensure that each DNA analysis conducted under this award will be performed either (1) by accredited government -owned laboratories, or (2) through an accredited fee - for - service vendor. The accreditation must be by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community. The laboratory must undergo external audits not less than once every 2 years that demonstrate compliance with the DNA Quality Assurance Standards established by the Director of the FBI. The recipient shall maintain each DNA analysis conducted under this award, and each stored DNA sample that results from this award, in accordance with the privacy requirements and restrictions on disclosure described in 42 U.S.C. section 14132(b)(3). The recipient agrees to notify NIJ immediately upon any change in the accreditation status of any of its forensic science laboratories, if applicable. The recipient shall ensure that all eligible forensic DNA profiles obtained with funding under this award will be entered into the Combined DNA Index System (CODIS), and, where applicable, uploaded to the National DNA Index System (NDIS). The recipient shall ensure that none of the funds provided under this award are used for research or statistical projects or activities as defined by 28 CFR Part 22 or for research as defined by 28 CFR Part 46. Any questions concerning this provision should be directed to the NIJ Program Manager for the award. (b) Nonsupplanting of State or Local Funds The recipient shall ensure that Federal funds made available through this award will not supplant State or local government funds, but instead will be used to increase the amount of funds that would, in the absence of Federal funds, be available from State or local government sources for activities funded through this award. The recipient agrees to notify NIJ immediately if the recipient receives new State or local funding for any of the purposes included in the approved application for this award. (c) Data collection The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 9. The recipient shall submit a report within 90 days of the end of the award period that, at a minimum, (1) includes a summary and assessment of the program earried out with the funds trade available under this Fiscal Year 2009 award and (2) cites the number of additional violent crime cold cases reviewed for DNA evidence, the number of such cases in which biological evidence still existed, the number subjected to DNA analysis, the number that yielded DNA profiles, the number of resulting profiles entered into CODIS, and the number of CODIS hits as a result of the Fiscal Year 2009 award. The recipient shall ensure that all data and information necessary for the report is collected throughout the award period. The report rust be submitted to the Office of Justice Programs, on -line through https://grants.ojp.usdoj.gov/. OJP FORM 400012 (REV. 4 -88) 41 : Department of Justice Office of Justice Programs AWARD CONTINUATION .!= National Institute of Justice SHEET PAGE > OF 9 Cooperative Agreement PROJECT NUMBER 2009- DN- BX -KO40 AWARD DATE 09/16/2009 SPEC /AL CONDITIONS 10. The recipient agrees to submit quarterly financial status reports to OJP. At present, these reports are to be submitted on -line (at https:Hgrants.ojp.usdoj.gov) using Standard Form SF 269A, not later than 45 days after the end of each calendar quarter. The recipient understands that after October 15, 2009, OJP will discontinue its use of the SF 269A, and will require award recipients to submit quarterly financial status reports within 30 days after the end of each calendar quarter, using the government -wide Standard Form 425 Federal Financial Report form (available for viewing at www.whitehouse.gov /omb /grants /standard_ forms /ffr.pdf). Beginning with the report for the fourth calendar quarter of 2009 (and continuing thereafter), the recipient agrees that it will submit quarterly financial status reports to OJP on- line (at https: / /grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form, not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the grant period. 11. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end of the reporting periods, which are June 30 and December 31, for the life of the award. These reports will be submitted to the Office of Justice Programs, on line - through the Internet at https: / /grants.ojp.usdoj.gov /. OJP FORM 4000/2 (REV. 4 -88) all :� Department of Justice Office of Justice Programs f National Institute of Justice AWARD CONTINUATION SHEET PAGE 6 OF 9 Cooperative Agreement PROJECT NUMBER 2009- DN- BX -KO40 AWARD DATE 09/16,12009 SPECIAL CONDITIONS 12. Within 45 days after the end of any conference, meeting, retreat, seminar, symposium, training activity, or similar event funded under this award, and the total cost of which exceeds S20,000 in award funds, the recipient must provide the program manager with the following information and itemized costs: 1) name of event; 2) event dates; 3) location of event; 4) number of federal attendees; 5) number of non - federal attendees; 6) costs of event space, including rooms for break -out sessions; 7) costs of audio visual services; 8) other equipment costs (e.g., computer fees, telephone fees); 9) costs of printing and distribution, 10) costs of meals provided during the event; 11) costs of refreshments provided during the event; 12) costs of event planner, 13) costs of event facilitators; and 14) any other costs associated with the event. The recipient must also itemize and report any of the following attendee (including participants, presenters, speakers) costs that are paid or reimbursed with cooperative agreement funds: I) meals and incidental expenses (M &IE portion of per diem); 2) lodging; 3) transportation to /from event location (e.g., common carrier, Privately Owned Vehicle (POV)); and, 4) local transportation (e.g., rental car, POV) at event location. Note that if any item is paid for with registration fees, or any other non -award funding, then that portion of the expense does not need to be reported. OR will provide further instructions regarding the submission of this data at a later time. OJP FORM 4000/2 (REV. 4 -88) all Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMBER 2009- DN- BX -KO40 AWARD CONTINUATION SHEET Cooperative Agreement AWARD DATE 09/1612009 SPECIAL CONDITIONS PACE 7 OF 9 To assist in information sharing, the award recipient shall provide the grant manager with a copy of all interim and final reports and proposed publications (including those prepared for conferences and other presentations) resulting from this agreement. Submission of such materials prior to or simultaneous with their public release aids NU in responding to any inquiries that may arise. Any publications (written, visual, or sound) - excluding press releases and newsletters - whether published at the recipient's or government's expense, shall contain the following statement: This project was supported by Award No. awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this publication /program /exhibition are those of the author(s) and do not necessarily reflect those of the Department of Justice. NIJ defines publications as any planned, written, visual or sound material substantively based on the project, formally prepared by the award recipient for dissemination to the public. 14. The recipient shall transmit to the grant monitor copies of all official grant- related press releases at least ten (10) working days prior to public release. Advance notice permits time for coordination of release of information by NIJ where appropriate and to respond to press or public inquiries. 15. The Project Director and key program personnel designated in the application shall be replaced only for compelling reasons and with the concurrence of OJP. OJP will not unreasonably withhold concurrence. All successors to key personnel must be approved, and such approval is contingent upon submission of appropriate information, including, but not limited to, a resume. Changes in other program personnel require only notification to OJP and submission of resumes, unless otherwise designated in the award document. 16. Pursuant to 28 C.F.R. Part 18, OJP may suspend or terminate funding under this award, at any time before the completion of the project funded by this award, for the recipient's failure to comply with these special conditions or with the project's goals, plans and methodology set forth in the approved application. The recipient will be unable to draw down funds until OJP determines that the recipient is in compliance. 17. Recipient acknowledges that the Office of Justice Programs reserves a royalty -free, non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) the copyright in any work developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. Recipient acknowledges that the Office of Justice Programs has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. It is the responsibility of the recipient (and of each subrecipient, if applicable) to ensure that this condition is included in any subaward under this award. OJP FORM 4000/2 (REV. 4 -88) �1 1� Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMBER 2009- DN- BX -KO40 18. Patents and Inventions. AWARD CONTINUATION SHEET Cooperative Agreement AWARD DATE 09116/2009 SPECIAL CONDITIONS PAGE 8 OF 9 The clauses at 37 C.F.R. section 401.14 (together, the "Patents Rights Clause ") are incorporated by reference, with the following modifications. (1) Where italicized, the terms "contract," "contractor," and "contracting officer" are replaced, respectively, by the terms "award," "award recipient," and "OJP program manager "; (2) Patent Rights Clause paragraph (f) is modified by adding the following at the end: "(5) The award recipient agrees to provide a report prior to the close out of the award listing all subject inventions or stating that there were none. (6) The award recipient agrees to provide, upon request, the filing date, patent application number and title; a copy of the patent application; and patent number and issue date for any subject invention in any country in which the award recipient has applied for a patent. "; (3) Patent Rights Clause paragraph (g) is modified to read as follows: "(g) Subawards and Subcontracts "The award recipient will include this Patent Rights Clause, suitably modified to identify the parties, in all subawards and subcontracts, regardless of tier, for experimental, developmental, or research work. The subaward recipient or subcontractor will retain all rights provided for the award recipient in this clause, and the award recipient will not, as a part of the consideration for awarding the subaward or subcontract, obtain rights in the subaward recipient's or subcontractor's subject inventions. "; and (4) Patent Rights Clause paragraph (1) is modified to read as follows "(1) Communications "Communications on matters relating to this Patent Rights Clause should be directed to the General Counsel, Office of Justice Programs, United States Department of Justice. ". With respect to any subject invention in which the award recipient, or a subaward recipient or subcontractor, retains title, the Federal government shall have a nonexclusive, nontransferable, irrevocable, paid -up license to practice or have practiced for or on behalf of the United States the subject invention throughout the world. OJP FORA 4000/2 (REV. 4-88) 20B -11 Department of Justice Office of Justice Programs National Institute of Justice AWARD CONTINUATION SHEET Cooperative Agreement PROJECT NUMBER 2009- DN- BX -KO40 AWARD DATE 09/16. %2009 SPECIAL CONDITIONS PAGE 9 OF 9 19. The recipient agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. Categorical Exclusions: Based upon the information provided by the recipient in its application for these funds, NIJ has determined and the recipient understands that the proposed activities meet the definition of a categorical exclusion, as defined in the Department of Justice' Procedures for Implementing the National Environmental Policy Act found at 28 CFR Part 61. A categorical exclusion is an action that because of the proposed activities' very limited and predictable potential environmental impacts, both on an individual and a cumulative basis, does not have a significant impact on the quality of the human environment. Consequently, no further environmental impact analysis is necessary under the requirements of the National Environmental Policy Act, 42 U.S.C. 4321, for these categorically excluded activities. Modifications: Throughout the term of this award, the recipient agrees that for any activities that are the subject of this categorical exclusion, it will inform NIJ of any change(s) that it is considering making to the previously assessed activities that may be relevant to the environmental impacts of the activities. The recipient will not implement a proposed change until NIJ, with the assistance of the recipient, has completed any applicable environmental impact review requirements necessitated by the proposed change and NU has concurred in the proposed change. This approval will not be unreasonably withheld as long as any requested modification(s) is consistent with eligible program purposes and found acceptable under an NIJ conducted environmental impact review process. 20. No portion of these federal grant funds shall be used towards any part of the annual cash compensation of any employee of the grantee whose total annual cash compensation exceeds 110% of the maximum salary payable to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year. This prohibition may be waived on an individual basis at the discretion of the Assistant Attorney General for OJP. OJP FORM 4000/2 (REV. 4 -88) 41 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: November 2, 2009 TITLE: CONTRACT AWARD FOR SERVERS (SPEC. NO. 09 -047) 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 Award a contract to Govplace for the purchase of servers in an amount not to exceed $39,651. DISCUSSION The Santa Ana Police Department utilizes technology in various ways to maintain operational and administrative support in addressing crime related issues within the City. The primary database computer server is over 6 years old and is beyond the manufacturer's end -of -life for service. The server currently supports the department's intranet, case tracking, report writing module, records management system, evidence and more. Updates to many of these applications have been delayed due to the technology inadequacies and limited capacities of this server. The Information Services Division (ISD) provides all support for servers in the Santa Ana Police Department Data Center. ISD seeks to upgrade this obsolete server and expand the related virtualization computing environment. This will allow the consolidation of many other older systems into a much smaller number of newer systems. This approach will not only save in up -front hardware costs but also in recurring power and cooling costs. Most importantly, critical SAPD computer systems will be made more reliable and will be able to host enhanced computer applications supporting SAPD operations. The Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The Western States Contracting Alliance (WSCA) establishes California Multi - State Cooperative Agreements for Commodities, IT Goods & Services, and Telecommunication Goods and Services. WSCA agreements are available to all State of California governmental entities that expend public funds for the acquisition of both goods and services. Govplace is a value added re- seller offering WSCA pricing. 22A -1 Contract Award for Servers November 2, 2009 Page 2 FISCAL IMPACT Funds are available in the Technology Plan Miscellaneous Citywide Projects account (no. 10910146- 66400). Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance & Mgt. Services Agency 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: November 2, 2009 TITLE: CONTRACT AWARD FOR A MICRO- WAVE BASED NETWORK SYSTEM (SPEC. NO. 09 -052) t` CITY MANAGER RECOMMENDED ACTION Award a contract to Pacific Services network system including installation not to exceed $47,000. DISCUSSION CLERK OF COUNCIL USE ONLY: _--:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER for the purchase of micro -wave based and maintenance support, in an amount A high capacity wireless laser system computer network between the Data Center Yard. The current system was installed 7 approximately $1,000,000 in charges for This network link provides support for Community Services, Public Works, the Fleet Management System and critical Division. is used to connect the City's in City Hall and the Corporation years ago and has saved the City equivalent leased data circuits. City Stores, Park, Recreation & Emergency Operations Center, the connections for the City Water Until just recently, the system has proved very effective and extremely reliable. However, the laser technology employed in the system is known to weaken over time. The recent foggy and rainy conditions have proven that the laser's strength has deteriorated to levels such that it cannot transmit under any but ideal weather conditions making it non - functional. While outages to this laser -based network link are automatically transferred to a ground based data circuit, the backup circuit has a substantially lower capacity. This has caused severe slowdowns to City business. This computer network link provides critical network connections for Fleet Management System and City Water Operations. In addition, the system supports the City's Emergency Operations Center (one of three regional EOC) . The Fleet management system depends on real time log -in to capture actual job labor time and parts inventory usage. 22B -1 Contract Award for Millimeter Wave Based Network System November 2, 2009 Page 2 While planned and budgeted for replacement later this fiscal year, the rapid deterioration of this in -place equipment required immediate emergency action in order to ensure uninterrupted service. The Information Services Division has authorized Pacific Services to install a BridgeWave 80GHz AR80AES high- bandwidth digital link. This system is based on new micro -wave broadcast technology which can penetrate most severe weather conditions. The BridgeWave system is the market leader in this technology category and is used by numerous companies and government agencies including the cities of Oxnard and San Diego, the SureFire Corporation in Fountain Valley (which has comparable environmental conditions as the City) , and various federal agencies. The Information Services Division requests awarding a contract for the replacement. FISCAL IMPACT Funds are available in the Technology Plan Miscellaneous Citywide Projects account (no. 10910146- 66400). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency4_ REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: CONTRACTS RENEWAL FOR VEHICLE BODY REPAIR (SPEC. NO. 07 -086) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO Renew the contract with Kelly's Body Shop Inc. for vehicle body repair for a one -year period in an annual amount not to exceed $85,000. DISCUSSION The Finance and Management Services Agency Fleet Maintenance Division is responsible for the maintenance and repair of approximately 600 vehicles, including police patrol sedans. Body, frame and certain mechanical and electrical system repairs are often contracted out for prompt and efficient repair of vehicles with a minimum interruption of service. On November 5, 2007, the City Council awarded a contract to Kelly's Body Shop for a one -year period with provisions for two one -year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Kelly's Body Shop, a Santa Ana vendor consistently offers competitive pricing and immediate scheduling of repairs. Staff recommends the final renewal of the contracts. The annual amount is based upon past usage and staff's projection for the next year. FISCAL IMPACT Funds are available in the Fleet Maintenance Maintenance & Repair Machines & Equipment account (no. 07510100 62322). Francisco Gutierrez Executive Director Finance and Management Services Agency FG /KM/07 -086R2 22C -1 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: CONTRACT AWARD FOR MOTOR CONTROL CENTER UPGRADE AT WELL 34 (SPEC. NO. 09 -044) 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 Award a contract to Digital Control Services, Inc. control center at Well 34 in the amount of $231,400. DISCUSSION to upgrade the motor The Public Works Agency's Water Resources Division operates 21 water wells that provide approximately 70 percent of the City's water supply. The Agency is upgrading the motor control center for Well 34, which is located at 1727 W. Alton Street. The motor control center regulates the two motors that are used to move water from the Well 34 reservoir into the distribution system. A variable frequency motor drive is used to regulate the quantity of water pumped from most of the City's wells and pump stations. Currently, the motors at Wells 34 are not equipped with variable frequency motor drives. Installation of variable frequency motor drives on the motors at Well 34 will allow the pumps to start smoothly, use less energy and will reduce pressure surging into the water lines. The notice inviting bids was advertised on August 14, 2009 and bids were solicited. A summary of the bid invitations and bids received is as follows: 13 Invitations For Bid mailed 3 Invitations For Bid mailed to Santa Ana vendors 4 Bids received Bids were received, opened on September 9, 2009, and evaluated (Exhibit 1). The bid received from Digital Control Services, Inc., is responsive to the specifications and meets the City's requirements. A 10% contingency has been included for unanticipated minor modifications. 22D -1 Contract Award for Motor Control Center Upgrade November 2, 2009 Page 2 FISCAL IMPACT Funds are available in the Contract Services - Professional account (no. 06017640- 62300). George Al arez Acting Executive Director Public Works Agency JGR /WO /09- 044.9: APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ABSTRACT OF BIDS CONTRACT AWARD FOR VARIABLE FREQUENCY DRIVE INSTALLATION AND ELECTRICAL SYSTEM UPGRADE AT THE SOUTH PUMP STATION # 09 -044 22D -2 Vendor Digital Electronic Academy Electric Leed Electric MS Navarro Services, Inc. Inc. Inc. Engineering Location Subtotal 8.75% Sales Tax Total Cost Upland $196,140.00 $14,221.00 $210,361.00 Orange $204,570.00 $11,648.00 $216,218.00 Exhibit 1 22D -3 Norwalk $240,660.00 $8,216.00 $248,876.00 Northridge $249,031.00 $13,833.00 $262,864.00 22D -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: November 2, 2009 TITLE: CONTRACT AWARD FOR WEB -BASED INFORMATION SHARING SOFTWARE (SPEC. NO. 09 -050) CITW MA�AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ....• a ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2n" Reading ❑ Implementing Resolution ❑ Set Public Hearing For, CONTINUED TO FILE NUMBER Award a contract to MindTouch, Inc. for the purchase, training and support of software in an amount not to exceed $49,995. DISCUSSION The Santa Ana Police Department utilizes numerous disparate data sources to support Police Department operational and administrative needs including but not limited to, computer -aided dispatch, records management, jail management and other associated law enforcement related systems to address crime related issues within the City. The Department has identified a need to leverage current systems through the use of a web -based intranet collaboration tool, knowledgebase, and content management system and information presentation platform. In May 2009, the Police Department identified the primary functional requirements for such a program and reviewed software products from Media Wiki, Confluence and MindTouch. The assessment consisted of technical analysis, onsite testing of various solutions, and reference checks. Upon final review, staff identified MindTouch, Inc. software to be the only software capable of meeting all Department needs. MindTouch software will enable users to run queries against all data sources currently in place, ultimately using one application for all data. In addition, the software will give the ability to present this information in a convenient, interactive way. Through the purchase of this software, all police department employees will have access to this important information sharing tool. MindTouch, Inc. is the creator of MindTouch 2009 Software. As a result, staff recommends Council approval of the recommended action. 22E -1 Contract Award for Web -based Information Sharing Software November 2, 2009 Page 2 FISCAL IMPACT Funds are available in the Department of Justice Cops Technology Grant Account (no. 12714403- 63001). ul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 22E -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: CONTRACT AWARD FOR MCFADDEN AVENUE AND CIVIC CENTER DRIVE REHABILITATION (PROJECT NOS. 091753, 091757 AND 091756) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1S' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,892,000 for construction of McFadden Avenue and Civic Center Drive Rehabilitation. 2. Approve a Funding Analysis with a total estimated construction cost of $2,365,000. DISCUSSION McFadden Avenue from Bristol Street and Flower Street and from Maple Street to Standard Avenue, and Civic Center Drive from French Street to Santiago Street have been identified as a high priority on the City's Pavement Management System (Exhibit 1). The pavement is deteriorating due to weather, age and heavy usage. Some of the adjacent curbs, gutters, sidewalks and driveway approaches are also in various states of disrepair and require replacement. This project provides for construction of new street pavement and replacement of damaged concrete curbs, gutters, sidewalks, cross gutters, driveway approaches and curb ramps. Once completed, these improvements will enhance the ride quality, surface drainage and visual appearance of the streets. The Notice Inviting Bids was advertised on September 18 and 21, 2009, and bids were opened on October 8, 2009. A summary of the bid invitations mailed, the bids received, and the bid results follows. 23A -1 Contract Award For McFadden Avenue and Civic Center Drive Rehabilitation November 2, 2009 Page 2 Santa Ana Contractors receiving notices: 12 Contractors requesting bidding documents: 19 Bids received: 8 Bids received from Santa Ana Contractors: 1 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. All American Asphalt Corona $1,892,000.00 2. Excel Paving company Long Beach $1,994,644.05 3. Imperial Paving Co., Inc. Santa Fe Springs $2,046,987.18 4. Elite Bobcat Service, Inc. Corona $2,203,766.35 5. Sequel Contractors, Inc. Santa Fe Springs $2,309,315.45 6. Sully Miller Contracting Co. Anaheim $2,400,009.09 7. R. J. Noble Company Orange $2,473,864.76 8. Hardy & Harper, Inc. Santa Ana $2,526,000.00 A total of eight bids were received and all were responsive. The lowest bid was submitted by All American Asphalt, for $1,892,000, which is below the Engineer's estimate of $2,701,845. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption ER Nos. 2009 -47, 2009 -48, and 2009 -49 were filed for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $2,365,000 for the project (Exhibit 2). Funds are available in the America Recovery and Reinvestment Act Fund (accounting unit 05917662- 66220), the Congestion Relief Fund (accounting unit 02817660- 66220) and the State Proposition 1B Fund (accounting unit 03017660- 66220). APPROVED AS TO FUNDS AND ACCOUNTS: George Al arez Francisco Gutierrez Acting Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency K:\ Construction \RFCA - draft \11 -02 -09 McFadden Rehab 091753 60WD WA.docx U I— (A 2 U z w o: w F- w w Q a J z m F- t- LlJ U) F-- w w cn Q < O MCFADDEN M co w w Y m IPA z O M J Y 1;s2 \ �9 �pP \ 0 �,A Ot �Q A ° <Q uo, �, w w MCFADDEN AVENUE cn Q U) � � °o o w w > w w w O O Q O c o J -j w z jw Q U E- F- < AVENUE Y 0 x < to , r-vl u"Wir w SANTA ANA Title: CITY COUNCIL CONTRACT AWARD FOR MCFADDEN AVENUE AND P`�(/� AGENDA CIVIC CENTER DRIVE REHABILITATION W A DATE: ( PROJECT NOS. 091753, 091757 AND 091756) Mc NMs Aaw. November 2, 2009 FUNDING ANALYSIS PROJECT NOS. 091753, 091757, AND 091756 MCFADDEN AVENUE AND CIVIC CENTER DRIVE REHABILITATION Construction Contract $1,892,000 Contract Administration $48,800 Inspection and Testing $150,000 Survey Staking $85,000 Contingencies $189,200 TOTAL ESTIMATED CONSTRUCTION COSTS $2,365,000 Exhibit 2 23A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: CONTRACT AWARD FOR FIFTH STREET REHABILITATION BETWEEN JACKSON AND SULLIVAN STREETS(PROJECT NO.091742) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices for the base bid in the estimated amount of $833,501.50 for construction of Fifth Street Rehabilitation between Jackson and Sullivan Streets. 2. Approve a Funding Analysis with a total estimated construction cost of $1, 041, 900. DISCUSSION The segment of Fifth Street between Jackson and Sullivan Streets has been identified as a high priority by the City's Pavement Management System (Exhibit 1). The pavement is deteriorating due to weather, age, and heavy usage. Some of the adjacent curbs, gutters, driveway approaches, bus pads, curb ramps, and sidewalks are also in various states of disrepair and require replacement. This project provides for construction of new street pavement, replacement of damaged and installation of new concrete curbs, gutters, driveway approaches, bus pads, curb ramps, and sidewalks. Once completed, these improvements will enhance the ride quality, surface drainage, and visual appearance of the street. The Notice Inviting Bids was advertised on September 11 and 14, 2009, and bids were opened on October 1, 2009. A summary of the bid invitations mailed, the bids received, and the bid results follows. 23B -1 Contract Award For Fifth Street Rehabilitation November 2, 2009 Page 2 Santa Ana Contractors receiving notices: 19 Contractors requesting bidding documents: 21 Bids received: 8 Bids received from Santa Ana Contractors: 1 NAME OF RESPONSIVE BIDDER 1. All American Asphalt 2. R.J. Noble Company 3. Hardy & Harper, Inc. 4. Excel Paving Company 5. Pave West 6. Sequel Contractors, Inc. 7. Ortiz Asphalt Paving, Inc. 8. Martinez Concrete, Inc. C' T Tv Corona Orange Santa Ana Long Beach La Habra Santa Fe Springs Colton Azusa BID AMOUNT $ 833,501.50 $ 846,355.00 $ 848,000.00 $ 868,879.00 $ 884,330.00 $ 899,202.50 $1,043,818.56 $1,058,075.00 A total of eight bids were received and all were responsive. The lowest bid was submitted by All American Asphalt, for $833,501.50, which is below the Engineer's estimate of $1,137,595. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption ER No. 2009 -156 was filed for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $1,041,900 for the project (Exhibit 2). Funds are available in the Measure M - Turn back Fund (accounting unit 03217660- 66220), the Proposition 42 Fund (accounting unit 02817660- 66220) and the Proposition 1B Fund (accounting unit 03017660- 66220). APPROVED AS TO FUNDS AND ACCOUNTS: George A arez •�[ Francisco Gutierrez Acting Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency K:\ Construction \RFCA - draft \11 -2 -09 Fifth St 091742 AAA 80WD ET.docx W FUNDING ANALYSIS PROJECT NO. 091742 FIFTH STREET REHABILITATION BETWEEN JACKSON AND SULLIVAN STREETS Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 2 W : i $833,502 $38,048 $54,400 $32,600 $83,350 $1,041,900 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: CONTRACT AWARD FOR 2009 -2010 OMNIBUS CONCRETE IMPROVEMENTS (PROJECT NO.106716) 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. Award a contract to C. J. Construction, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $212,562.50 for construction of Omnibus Concrete Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $245,000. DISCUSSION This project will provide for replacement of damaged and deteriorated concrete sidewalk, curbs, gutters, cross gutters, wheelchair ramps, driveway approaches and concrete pavement at various locations throughout the City. The work will be performed on an as- needed basis. The Notice Inviting Bids was advertised on September 18 and 21, 2009, and bids were opened on October 13, 2009. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 9 Contractors requesting bidding documents: 20 Bids received: 10 Bids received from Santa Ana Contractors: 1 NAME OF RESPONSIVE BIDDER 1. C. J. Construction, Inc. 2. HYM Engineering, Inc. 3. F. S. Construction 4. Unique Performance Constructi,Q J =� CITY Santa Fe Springs Bellflower Sylmar Costa Mesa BID AMOUNT $212,562.50 $249,960.00 $262,150.00 $321,018.75 Contract Award For Omnibus Concrete Improvements November 2, 2009 Page 2 5. D. P. Mangan Inc. dba Pave West 6. Elite Bobcat Service, Inc. 7. J.D.C., Inc. 8. Kormx, Inc. 9. Nobest, Inc. 10. Hardy & Harper, Inc. La Habra Corona Rancho Cucamonga Walnut Garden Grove Santa Ana $323,150.00 $339,479.00 $362,087.50 $381,355.00 $396,725.00 $486,075.00 A total of ten bids were received and all were responsive. The lowest bid was submitted by C. J. Construction, Inc., for $212,562.50, which is above the Engineer's estimate of $201,850. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption ER No. 2009 -134 was filed for this project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $245,000 for the project (Exhibit 1) . Funds are available in the Measure M Street Construction Fund (accounting unit 03217660- 66220). George Alvarez Acting Executive Director Public Works Agency KXonstruction\RFCA -drafty 1 -02-09 Omnibus 2009 -10 106716 WA.docx APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 23C -2 FUNDING ANALYSIS PROJECT NO. 106716 2009 - 2010 OMNIBUS CONCRETE IMPROVEMENTS Construction Contract Contingencies $212,562 $32,438 TOTAL ESTIMATED CONSTRUCTION COSTS $245,000 Exhibit 1 23C -3 23C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: AMENDMENT TO AN AGREEMENT FOR GEOFILE DATASET MAINTENANCE AND ENHANCEMENTS CI Y MANAGER RECOMMENDED ACTION Authorize the City attached amendment additional amount changes approved by DISCUSSION Manager and the to the agreement not to exceed the City Manage 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 Clerk of the Council to execute the with GIS Data Resources, Inc. in an $10,000, subject to non - substantive r and City Attorney. On January 5, 2009 City Council approved amending agreement (A- 2007 -044) with GIS Data Resources, Inc. (GDR) for annual maintenance of the Fire Department's GIS data tracking software. The Fire Department's current geofile mapping datasets provide mapping that is accurate to one mile outside of the city limits. This amendment, which is for $10,000, allows our mapping system to be integrated into the Orange County Fire Authority's mapping system thus providing more accurate information being dispatched to fire apparatus. FISCAL IMPACT Funds ($10,000) are available in the Fire Department's Information Technology, Other Contractual Services account (account no. 0111534062300). Marc Martin Fire Chief Fire Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency/.'✓ 25A -1 25A -2 THIRD AMENDMENT TO AGREEMENT TI IIS I I IIRD AMENDMENT TO AGRE'FMENT is entered into on October 19, 2009, by and between GIS Data Resources. a California corporation ("GDR") and the City of Santa Ana. a charter cit} and municipal corporation of the State of California ("City ) RI,CITALS: A. The parties entered into Agreement oA- 2007 -044. dated January 26, 2007, (hereinafter "said Agreement") by which GDR has provided maintenance and support of the GIS data tracking software containing the public safety geotile. There have been two subsequent :amendments to said Agreement. B. In accordance with the terms and conditions of said Agreement, the parties wish to add additional maintenance and support services to be performed by GDR during the remainder of the previously extended term of the agreement. The parties wish to add additional compensation payable to GDR for the performance of the additional services. WHEREFORE, in consideration of the covenants contained in said Agreement, as amended, and subject to all the terms and conditions of said amended Agreement. except those amended in this Third Amendment to .agreement. the parties agree as follows: 1. Section 1. "Definitions", subsection (e). "Statement of NVork" or "SOW"' shall be amended by adding the following sentence: "The Statement of Work shall also include the mutually agreeable "yritten project plan Ivor maintenance of the City of Santa Ana's Geolile as attached hereto as Exhibit "D'' and incorporated herein." ?. Section 2. "Rates and Payment Schedule ". subsection (a) shall be amended by adding the following sentence: "Customer shall pay GDR for providing the maintenance of the City of Santa Ana's Geofile services. as outlined in Exhibit "D'° hereto. for an additional sum not to exceed $10.000.00 annually and according to the rates and payment schedule as set forth in Exhibit -E— attached hereto and incorporated herein by reference." 25A -3 3. Except as hereinabove amended. all terms and conditions of said Agreement. as amended. shall remain in full force and effect. l v WITNESS WHEREOF. the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. A TEST: Maria D. I iuirar Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCIHI:R City Attorney B\: Joseph Straka Assistant City Attorney 25A-4 CITY OF SANTA ANA DAVID N. REAM City Manager GIS DATE RESOURCES, INC. HO: AN I {E1.I- ;ti DEAN President GIS Data Resources, Inc. Santa Ana, CA Geofile Maintenance Project Document Version: 2.3 Date: 8/17/2009 GDR and City of Santa Ana/Tritech's Use Only. This document and the information contained in it is for GDR and City Santa Ana/Tritech's use only and shall not be used, or published, or disclosed, or disseminated outside of its intended use in whole or in part without GDR's consent. This document contains trade secrets of GDR. Reverse engineering of any or all of the information in this document is prohibited. The copyright notice does not imply publication of this document. C Copyright 2008 GDR. Inc. EXHIBIT D 25A -5 PIC GIS Data Resources, Inc. 1. PROJECT OVERVIEW ValleyCom Statement of Work GDR has built a high - quality Geofile for the City of Santa Ana to utilize in the Tritech Computed Aided Dispatch (CAD) system. One of the most important, and often overlooked, aspects of having a successful CAD system is maintenance of Geofile data. New construction.. road closures and condition changes, changes in commercial occupancy, new annexations, and changes to emergency response strategies all need to be incorporated into the spatial database. Geofile maintenance ensures the CAD /AVL system can continue to run seamlessly, with up -to -date, accurate location information. Maintenance activities will include the boundary of the city of Santa Ana, as well as a one mile buffer area. To address the maintenance needs for the City of Santa Ana's Geofile, GDR proposes to provide Geofile updates on a quarterly basis. This document outlines the responsibilities of both GDR and the City of Santa Ana to complete the update work. 2. DATA REPOSITORY AND DISTRIBUTION GDR will be the central repository for the Geofile, and will coordinate distribution of the updates with the City of Santa Ana. Tritech, and any other required parties. 3. UPDATE INFORMATION SOURCES GDR will interact with the City of Santa to acquire updated source materials Sources may include the following: • New construction maps from planning department. • Updated parcel maps from planning department. • Business tenant information for commercial buildings. • Export of manual overrides from CAD system for investigation. • Paper maps depicting boundary changes. • GDR GIS data sources. 4. DELIVERABLES GDR will deliver ESRI shapefiles, with the spatial indexes set and a spatial projection of STP0406.NAD83, feet 8 D gttal Drive Suite 200 Novato, CA 94949 * i888a 654 -4GDR 14437) • Phone 1415) 884 -4437 • FAX (415) 884 -4407 www.adr.com Page 1 of 7 W"111,61, ValleyCom Statement of Work 5. ATTACHMENTA: GEOFILE MAINTENANCE This Attachment A is governed by the terms of the End User License Agreement executed by the parties ('Agreement "). Capitalized terms used but not defined herein have the meanings assigned in the Agreement. Upon acceptance of Licensee's order for maintenance. GDR agrees to provide the following services for the Products licensed under the Agreement. 5.1 Definitions For the purpose of this Attachment, the following definitions of terms apply: 1. Dataset' means a collection of Layers. 2. First Release' means the final, accepted Product built in accordance with the original Specifications. 3. Layer" means a usable subdivision of a Dataset. containing homogenous objects of a single class. for example rivers. roads, common place points, or police beat polygons. 4. Maintenance Cycle" means the frequency at which Licensee will receive new Releases of any Product for which Licensee has paid the applicable fee. The Maintenance Cycle is either quarterly, bi- annually or annually and begins on the date the Product is delivered to Licensee. 5. Maximum Limit' means the maximum total number of feature additions and existing segment edits that GDR will perform in each Release as part of GDR's maintenance obligations. Updates, additions and edits exceeding the Maximum Limit will be considered a rebuild and will result in additional fees. 6. "Release" means a new version of the Product, containing Updates and other information obtained from GDR's source data. By way of example. a complete rebuild of a Layer is not considered a Release: instead, a complete rebuild of a Layer must be handled as a new project under different or enhanced Specifications. 7 Specifications'' mean the project boundaries and parameters, including the number of Layers to be included with a Release, and the build file under which a Release is produced. 8. Updates mean new information provided by Licensee (related to the original Specifications) for Inclusion in the next Release. Updates may be in the form of paper maps. raster images, and /or other digital formats. 5.2 General Provisions A. Subject to payment by Licensee of the applicable maintenance fees. GDR will: 0) Accept Updates for inclusion in the next Release. GDR must receive Updates at least 60 calendar days before the due date of a Release within the Maintenance Cycle. For each calendar day inside of 60 that Updates are delayed by Licensee, the due date for that Release will slip by 3 days, and (2) Modify the information associated with each Layer, as applicable for the Products licensed. B. Requests by Licensee to change or deviate from Specifications may result in additional costs and must be agreed upon, in writing, between GDR and Licensee prior to the performance of any services or any other action by GDR. C. The most current imagery available is used to update Layers for each Release; however, this imagery is not delivered as part of a Release. Licensee may purchase the imagery from GDR: if available, at an additional cost. D. Layers will be modified by GDR in accordance with the following terms and limitations (please select only those Layers applicable to the Specifications): 8 Digital Drive. Suite 200, Novato, CA 94949 • (888) 654 -4GDR (4437) • Phone (415) 884 -4437 • FAX (415) 884 -4407 www.adr com Page 2 of 7 25A -7 ValleyCom Statement of Work 5.3 Geofile Maintenance Layers The following provides a description of the Layers that GDR will maintain. 5.3 1 STREETS (WITH ROUTING. IF APPLICABLE) Maximum - - ---- -- ..- ...__.. __... Limit Updates of the total number of segments in the original base map in the following quantities may be performed in a Release before the Maximum Limit is exceeded, as follows: • Up to 5% for Releases on a quarterly Maintenance Cycle • Up to 10% for Releases on a bi- annual Maintenance Cycle • Up to 15% for Releases on an annual Maintenance Cycle Spatial 1. Any new segment additions will be digitized and /or corrected to the most recent aerial Accuracy imagery that GDR can obtain. If roads are so new that they do not appear on any imagery, GDR will then add segmentation using reasonable commercial efforts with the understanding that the Layer will be corrected to spatially accurate imagery in a subsequent Release when said imagery becomes available to GDR. 2. Any original segmentation found later to be in error in the original base map, will be corrected without counting against the Maximum Limit. 3. GDR will not ortho- rectify an entire street file to a completely different source data set as part of a maintenance update. An example of this might be if a Licensee receives an engineer grade (1 inch accuracy) line file that they wish to transfer existing attributes to This is not part of the maintenance cycle, but could be done as a different work order at an additional cost. Attribution 1. A 'golden" address range or point file (such as CAD, SITUS, or MSAG data) may be specified by Licensee during the initial file build. This file or files is /are used to validate the deliverable street file and ensure all address and name data is contained within. Customer may provide GDR with an updated version of their `golden" file for use in maintenance updates-, however GDR will not accept additional "golden" files or a golden file that comes from a differing source with respect to the original. 2. If a "golden" file was not provided to GDR by Licensee as part of the original Specifications. none may be provided for subsequent Release unless mutually agreed in writing between GDR and Licensee. Alternatively, a 'golden" file may be incorporated into future Specifications at an additional cost. 3. The unique ID field will be maintained during a maintenance update. At Licensee's request. deleted segments may be provided in a separate file. New segments will be given new ID numbers, and one part of any split segments will retain the original ID. while the other split portions will receive new IDs. 4. All node, cross street. and polygon (city_ police, fire, EMS, etc.) attribute data will be updated for each record if appropriate. Integration Scope 1. GDR will receive the countywide street centerline file from Santa Ana. 2. GDR will change the format of the countywide streets to match Santa Ana streets (field names field order, field values, missing fields). 3. GDR will integrate the countywide and Santa Ana datasets Remove countywide streets that exist in Santa Ana street centerline layer. Edge -match the Santa Ana streets to the countywide streets. Ensure topological /attribute consistency such that routability across dataset borders are maintained. - Apply left/right Santa Ana FRDs values to countywide streets, if these values do not exist in the countywide data set. 8 Digital Drive, Suite 200, Novato CA 94949 • (888) 654 -4GDR (4437) • Phone (415) 884 -4437 • FAX (415) 884 -4407 www.adr.com Page 3 of 7 W, 1196 ValleyCom Statement of Work 5.3.2 FIRE OR EMS BOUNDARIES Maximum 1. A complete rebuild of a response polygon Layer is considered part of a Release as long Limits as it does not occur more often than once every 2 years. If Licensee has the need to completely rebuild polygon boundaries more often than once every 2 years.. this may be incorporated into future Specifications at an additional cost. 2. Geometry changes for up to 40% of the records in a response boundary file may be performed before the Maximum Limit is exceeded. I Spatial - Accuracy y 1. Any boundary work will be digitized and /or corrected to the street centerlines and other relevant features with respect to the most recent aerial imagery that GDR can obtain. If roads are so new that they do not appear on any imagery, GDR will then align boundaries using reasonable commercial efforts with the understanding that the Layer will be corrected to spatially accurate centerlines and imagery in a subsequent Release when said imagery becomes available to GDR. 2 Any original boundary work found later to be in error in the original base map, will be corrected without counting against the Maximum Limit. 3 All polygon boundaries that are to be coincident with the street centerline (i.e. exactly divide the street into a left and right half) will be completely coincident with the centerline where specified by Licensee. Attribution In the event of a complete rebuild of polygon boundaries, there is no limit to the number of polygon records permissible for Update. 8 Digital Drive, Suite 200. Novato. CA 94949 - (888) 654 -4GDR (4437) - Phone (415) 884 -4437 - FAX (415) 884 -4407 www.qdr.com Page 4 of 7 25A -9 ValleyCom Statement of Work 5.3.3 MUNICIPAL AND ZIP CODE BOUNDARIES Mani mum Geometry changes for up to 35% of the records in a municipal /ZIP boundary file may be performed before the Maximum Limit is exceeded. Spatial 1. Any boundary work will be digitized and/or corrected to the street centerlines and other Accuracy relevant features with respect to the most recent aerial imagery that GDR can obtain. If roads are so new that they do not appear on any imagery, GDR will then align boundaries using reasonable commercial efforts with the understanding that the Layer will be corrected to spatially accurate centerlines and imagery in a subsequent Release when said imagery becomes available to GDR. 2. Any original boundary work found later to be in error in the original base map, will be corrected without counting against the Maximum Limit. 3 All polygon boundaries that are to be coincident with the street centerline (i.e. exactly divide the street into a left and right half) will be completely coincident with the centerline where specified by Licensee. Attribution There is no limit to the number of records for which Licensee may provide Updates to attributes. 5.3.4 AUXILIARY LINEAR FEATURES (HYDROLOGY, RAILS) Maximum Limit Geometry changes for up to 30% of the total linear feet in an auxiliary line Layer file may be performed before the Maximum Limit is exceeded. Spatial 1 Any line work will be digitized and /or corrected to the most recent aerial imagery that Accuracy GDR can obtain. 2. Any original line work found later to be in error in the original base map, will be corrected without counting against the Maximum Limit, Attribution There is no limit to the number of records for which Licensee may provide Updates to attributes 5,315 AUXILIARY POLYGON FEATURES (HYDROLOGY) Maximum Limit Geometry changes for up to 30% of the total polygons in an auxiliary polygon Layer file may be performed before the Maximum Limit is exceeded. Sat Accu'rrac 1 Any boundary work will be digitized and /or corrected to the most recent aerial imagery y that GDR can obtain. 2. Any original boundary work found later to be in error in the original base map, will be corrected without counting against the Maximum Limit. Attribution There is no limit to the number of records for which Licensee may provide Updates to attributes- 8 Digital Drive. Suite 200, Novato, CA 94949 - (888) 654 -4GDR (4437) • Phone (415) 884 -4437 • FAX (415) 884 -4407 www.Qdr.com Page 5 of 7 25A -10 ValleyCom Statement of Work 5.3.6 COMMON PLACE NAME POINTS Maximum Limit Geometry changes for up to 30% of the records in a commonplace name file may be performed before the Maximum Limit is exceeded. Spatial 1. With respect to the option chosen, common place points will be adjusted based on an Accuracy exact geocode to the street centerline, a left/right offset geocode to the street centerline, or placed on the rooftop of the building of the common place. If buildings or roads are so new that they do not appear on any imagery. GDR will then place points on a best - commercial -efforts basis with the understanding that this will be corrected to spatially accurate imagery in a subsequent Release when said imagery becomes available to GDR. 2. Any points found later to be in error in the original base map, will be corrected without counting against the Maximum Limit. Attribution There is no limit to the number of records for which Licensee may provide Updates to attributes 5 3.7 ADDRESSPOINTS Maximum Limit Geometry changes for up to 30 01 of the records in a Addresspoints file may be performed before the Maximum Limit is exceeded. Spatial 1. Address points will be updated according to any available address sources. If buildings Accuracy or roads are so new that they do not appear on any imagery, GDR will then place points on a best - commercial -efforts basis with the understanding that this will be corrected to spatially accurate imagery in a subsequent Release when said imagery becomes available to GDR. Attribution There is no limit to the number of records for which Licensee may provide Updates to attributes. 8 Digital Drive. Suite 200. Novato. CA 94949 • (888) 654 -4GDR (4437) • Phone (415) 884 -4437 • FAX (415) 884 -4407 www.adr.com Page fi of 7 25A -11 GIS Data Resources, Inc. Proposal 1 Work Authorization No: 2259 Date: 3118/09 GDR Office: x 8 Uigilal Dr.ve. Ste 200, Novato, CA 94949 • Tel (415) 864.4437 FAX (415) 884.4407 2469 East Geddes Place, Centennial, CO 80122 - Tel (303) 710-1441 FAX (303 ?70-1441 Job Name: Santa Ana F,re GIS Integration LL GDR Rep: Tony Alex, Executive Vice President Customer: Santa Ana F-.re Department Address: 1439 S. Broac:+ay, Santa Ana. CA 92707 Contact: Dav4 Turner _ Phone: 114 647.5717 E -Mail: d rner n - na.or Project Description: Seamlessly integrate the existing Santa Ana Fire GIS base map created and maintained by GDR into the Orange County Fire T Department's GIS base map. State Plane Projection: 1 t3D Zone: T8t) — Units: iT8D Datum: Spheroid: - __..__ TBD TSD Data DATA County /City 1 O' Streets eir RouG_n�— Lines 1 mAe buffer Lines Polygons City Boundaries Police Boundaries_ Po:y9ons _ Fire Boundaries Polygons EMS Boundares Polygons Polygons Towing Boundaries tma�ery Building Foolpiints Raver Polygons data Consumer d Business Common Place Geocode MOU's Points ZIP Codes Polygons Hydrants Points Railroads Lines_ _ We Markers - - - -- Points Hydrology Lines ,1 Property Info Data Total Project Cost Payment Schedule: Due upon receipt Spatial Extents: City of Santa Ana Project boundary GIS file: City of Santa Ana ___ -_ Delivery Schedule Dates: 30 days or sooner Wier receipt of PO or Contract DELIVERABLE _ GDR Deliverable $10,000.00 Terms of License: See GDR's Enduser License Agreement Maintenance: 15Sb of in -ral pncetupdale Arun 2. Max 4 updatesryr Price Valid For: 60 days from above date Note: Delinquent accounts will be subject to a late fee of 2% per month. T _Payment Terms: Due_Ypon Receipt of Invoice. GIS Data Resources, Inc. Company: Santa Ana Fire Department —_ Name: Tony Alex Name: Title: Executive VP, Business Development Title By: By: Date: 311812009 Date: Exhibit E 25A -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008 -30 FOR THE PROPERTY LOCATED AT 222 SOUTH BIRCH STREET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F-0095relwo ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Carin C. and Bertram M. Kager, property owners, for the structure located at 222 South Birch Street subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Carin C. and Bertram N. Kager, property owners, for the structure located at 222 South Birch Street subject to non - substantive changes approved by the City Manager and City Attorney at its October 1, 2009 meeting by a vote of 5:0 (Bustamante, Gartner, O'Callaghan absent). DISCUSSION After the public hearing on October 1, 2009, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25B -1 HPP Agreement No. 2008 -30 November 2, 2009 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $114 to $571 annually, for a period of not less than ten years. C�� Jay W. Trevino Executive Director Planning & Building Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency HS:rb hs \historic info \mills act agreements \222_S _Birch \hppao8- 30_222_S_Birch.cc I r : � REQUEST FOR Historic Resources Commission Action HSTORIc RESOURCES cOMM %XI MEETING DATE: OCTOBER 1, 2009 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008 -30 FOR THE PROPERTY LOCATED AT 222 SOUTH BIRCH STREET Prepared by Hally Sobeleske HISTORIC RESOURCES COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO Executive Director Planning Manager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Carin C. and Bertram M. Kager, property owners, for the structure located at 222 South Birch Street subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Carin C. and Bertram M. Kager, request the approval of Historic Property Preservation Agreement No. 2008 -30 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single -story Craftsman Bungalow styled residence and a detached accessory structure located at 222 South Birch Street and is within the Heninger Park neighborhood (SD -40). Surrounding land uses are all 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 �1, HPPA No. 2008 -30 October 1, 2009 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 as the Stein House and categorized as Landmark in June 2004 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). Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b) (3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. i -X*AAA IF VVN Hally Sob leske Sergi o z, A CP Associate Planner Princ Pl r HS jm hs \historic info \mills act agreements \222 S Birch \hppaOB -30 222 S Birch.hrc 25B -4 HPPA- 2008 -30 222 South Birch Street PLANNING AND BUILDING AGENCY E% EXECUTIVE SUMMARY STEIN HOUSE 222 South Birch Street Santa Ana, CA 92701 NAME Stein House REF. NO. ADDRESS 222 South Birch Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1919 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Heninger Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 3S Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Bungalow /Craftsman Closely related to the English Arts and Crafts Movement, American 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 that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY /CONCLUSION: The Stein House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a structure with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as "Landmark" for its "unique architectural significance" as a fine illustration of the Craftsman aesthetic (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.) 3S: Appears eligible for the National Register as an individual property through survey evaluation. EXHIBIT 2 PaZ00_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) Stein House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 2555 Date: *c. Address 222 South Birch Street City Santa Ana Zip 92701 *e. Other Locational Data: Assessor's Parcel Number 398 - 281 -09; HENINGERS RESUB BLK 5 LOT 6 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Located on the northwest comer of South Birch and West Pine Streets, this is a one story Craftsman bungalow. A complex, cross -gable roof of extremely low pitch keynotes the strongly horizontal design. Exposed beams in the overhanging eaves are rounded at the ends, suggesting an Asian influence. However, the gable ends are decoratively jig sawn in the manner of Swiss chalet. Clapboard arranged in alternating bands of three narrow and one medium height sides the building. An L- shaped porch wraps the primary (east) elevation on Birch Street and most of the south elevation. The porch space is enclosed by a solid brick railing that dips into concave arches between two- tiered, paneled pedestals. Projecting courses of brick coping emphasize the horizontal line of the railing. Single and double wood posts sit atop the pedestals and carry a porch beam that is separated from the gable ends by a row of vertical spacers. Portions of the porch on both the fagade and south elevation are covered by pergolas whose beams are rounded in the same manner as those of the roof. A broadly (See Continuation Sheet 3 of 3.) *133b. Resource Attributes: (list attributes and codes) HP2. Single- family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5a. Photo P5b. Photo: (view and date) East and south elevations Apri12004 *P6. Date Constructed /Age and Sources: ■historic 1919 1Source: City of Santa Ana Building Permits *137. Owner and Address: Azam Akhavan Borna 222 South Birch Street Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: April 21, 2004 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none ") Les, Kathleen. "100 -500 Blocks of South Birch Street." Historic Resources Inventory, September 1979. *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) 258 f 7 *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 3S *Resource Name or #: Stein House B1. Historic Name: Stein House B2. Common Name: Same B3. Original Use: Single- family Residence B4. Present Use: Single - family Residence *B5. Architectural Style: Bungalow /Craftsman *66. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1919. March 3, 1919. Residence. July, 1922. Addition to residence. November 17, 1988. Reroof house and garage with tear -off. June 25, 1991. Return porch to original use, remove drywall blocking kitchen window (Notice of Violation). February 3, 1994. Change out [rear] window to aluminum 5' by 3' and repair existing wood siding. *137. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *138. Related Features: Garage. 139a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880 -1946 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 Stein House is architecturally significant as an outstanding example of a highly intact and characteristically detailed example of a Craftsman bungalow. It was constructed in 1919, at a cost of $4,900 for Sam and Celia Stein. The proprietor of a store at 210 West Fourth Street that sold books, stationery, and toys, Sam Stein was a well -liked and respected member of the community. Bom in Russia in 1885, his parents immigrated to New York, and Stein came to California in 1902. His work at the Lazarus Stationery Company in Los Angeles inspired him to open his own store in Santa Ana, and by 1921 he employed eleven people (Armor, 1921, page 1604). Known for his apparently large "stature" and his `jollity," Stein was listed in the 1920 city directory as "Stein, Sam Of Course." (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanbom Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie J. Neumann *Date of Evaluation: April 21, 2004 (This space reserved for official comments.) DPR 523B (1/95) 2 Paaa 3 od *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) Stein House *Recorded by Leslie J. Neumann, SAIC *Date April 21, 2004 u continuation u update *133a. Description: proportioned front door, Banked by half - height sidelights is located in the center bay of the fagade. A large, horizontal window south of the entry is balanced on the north by French doors Banked by casements in a slightly projecting bay. Extended lintels above all of the openings provide an additional horizontal line. Bands of openings on the side elevations, including another set of French doors that act as a secondary entry on the south, are similarly topped. A brick chimney is attached to the south elevation, piercing the porch roof to terminate with a stepped and paneled cap. In the rear of the property, facing West Pine Street, a front - gabled garage utilizes a simpler version of the roof design of the house. Minor alterations visible from the street include a rear addition and replacement of the garage door. A low concrete curb, bisected by concrete paths leading to the porch steps on the east and south, borders the front lawn of this substantially intact home. *1310. Significance (continued): The Stein House is located in Heninger Paris, a residential neighborhood that developed south of the original city core, primarily between 1910 and 1930. Generally bounded by West First Street on the north, West McFadden Avenue (originally Fairview Avenue) on the south, South Sycamore Street on the east, and South Flower Street on the west, the neighborhood had a few homes, mostly located in the northern half, when the area was partially mapped in 1895 by the Sanborn Company. Most of the land was agricultural in use. The City utilized the southwest comer of West First and South Gamsey (then called Palm) for the municipal water works, and the City stables were located on the northwest comer of Palm and West Walnut. Brothers H. B. and Martin Heninger were responsible for developing and platting the tract following their purchase of thirty - four acres of what was known as the Palmer Tract in 1907. The Heningers planted trees, put in sidewalks and curbs, and paved the streets on what had been a barley field. Later they bought additional tracts of ten and eighteen acres which they also platted and improved. These properties were known as Heninger Additions Numbers 1, 2, 3, and 4. In 1921, Orange County historian Samuel Armor described the Heninger tracts as "... the finest residence section of the city, built up with fine homes..., " adding, " Mr. [Martin] Heninger and his brother have erected 150 houses on the property" (Armor, p. 1777). The major landmark of the neighborhood was Santa Ana Polytechnic High School, which occupied a campus that stretched from West Walnut to West Camille between South Ross and South Parton Streets. The majority of homes in the area showcase the Craftsman and Colonial Revival styles, and, to a lesser extent, the other revival styles of the 1920s. Homes range in size from one to two stories and are unified by common setbacks, the repetition of gabled rooflines and front porches, the use of similar materials, and on some blocks, by the canopy of street trees. Portions of South Birch Street and South Broadway, in particular, present intact Craftsman streetscapes. After replacement of some of the earlier homes with high density apartments in the 1970s and 1980s, the City of Santa Ana recognized the integrity of the Heninger Park neighborhood in 1986, by creating a Specific Development (SD) zoning district intended to preserve its historic character, the second such SD in the City. (French Park was the first.) The Stein House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a bungalow with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as "Landmark" for its "unique architectural significance" as a fine illustration of the Craftsman aesthetic. The elaboration of the roof and porch structure, which acts as the primary architectural decoration, and the emphatically horizontal design reaches out to embrace the landscape are hallmarks of the Craftsman approach to design. All original and restored exterior features of the Stein House are considered character - defining and should be preserved, including, but not be limited to: siding (clapboard) and materials (brick); roof configuration and detailing; massing; windows and doors; porch configuration and detailing; brick chimney; garage; concrete curbs, paths, and stairs; and architectural details (such as the beams, gable faces, extended lintels, and porch 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. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1901 -1935. Armor, Samuel. History of Orange Couniv. Los Angeles: History Record Company, 1921. DPR 523L Z59 19 MILLS ACT AGREEMENT 222 South Birch Street Santa Ana, CA 92701 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this November 2, 2009 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 Carin C. and Bertram M. Kager, (hereinafter referred to as "Owner "), owner of real property located at 222 South Birch Street, Santa Ana, California, 92701 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into contracts with Owner 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 possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 222 S. Birch Street, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. MILLS ACT AGREEMENT 222 South Birch Street Santa Ana, CA 92701 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 2, 2009, 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- 256-11 MILLS ACT AGREEMENT 222 South Birch Street Santa Ana, CA 92701 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character - 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. C. 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 agree to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 256-12 MILLS ACT AGREEMENT 222 South Birch Street Santa Ana, CA 92701 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have 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 have 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 may be 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- 256-13 MILLS ACT AGREEMENT 222 South Birch Street Santa Ana, CA 92701 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property, located at 222 South Birch Street, Assessor Parcel Number, 398 - 281 -09, 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' 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: Carin C. and Bertram M. Kager 222 South Birch Street Santa Ana, CA 92701 -5- 256-14 MILLS ACT AGREEMENT 222 South Birch Street Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner' activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 256-15 MILLS ACT AGREEMENT 222 South Birch Street Santa Ana, CA 92701 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Benjamin Kaufman Chief Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager -7- 256-16 Carin C. Kager Bertram M. Kager MILLS ACT AGREEMENT 222 South Birch Street Santa Ana, CA 92701 Exhibit A Lot 6 in Block 5 of the Heninger's re- subdivision of Blocks 3, 4, 5, and 12 of Palmer's Addition to the Town of Santa Ana, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 5, Page 49 of Misc. Maps in the Office of the County Recorder of said County. Assessor's Parcel Number: 398 - 281 -09 -8- 256-17 MILLS ACT AGREEMENT 222 South Birch Street Santa Ana, CA 92701 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 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- 256-18 MILLS ACT AGREEMENT 222 South Birch Street Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- 256-19 MILLS ACT AGREEMENT 222 South Birch Street Santa Ana, CA 92701 Exhibit C (photographs attached) -11- 256-20 MILLS ACT AGREEMENT 222 South Birch Street Santa Ana, CA 92701 -12- 256-21 222 SOUTH BIRCH STREET PHOTO LOCATION MAP BIRCH STREET (m 1 50.00 4 NORTH S O I O 1 I O I I I 3 I I I 1 I I I I 135.0. I 1 I I I I I I 1 DRIVEWAY ALLEY (15') -13- 256-22 P I N E S T REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009 -01 FOR THE PROPERTY LOCATED AT 2360 N. NORTH PARK BOULEVARD CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Richard and Mary Coleman, property owners, for the structure located at 2360 N. North Park Boulevard subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Richard and Mary Coleman, property owners, for the structure located at 2360 N. North Park Boulevard subject to non - substantive changes approved by the City Manager and City Attorney. at its October 1, 2009 meeting by a vote of 5:0 (Bustamante, Gartner, O'Callaghan absent). DISCUSSION After the public hearing on October 1, 2009, 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. 25C -1 HPP Agreement No. 2009 -01 November 2, 2009 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $173 to $867 annually, for a period of not less than ten years. Jay W. Trevino Executive Director Planning & Building Agency APPROVED AS TO FUNDS AND ACCOUNTS: ' - Francisco Gutierrez Executive Director Finance & Management Services Agency HS:rb hs \historic info \mills act agreements \2360 N_NorthPark \hppa -09- 01_2360 N_NorthPark.cc 25C -2 REQUEST FOR Historic Resources Commission Acfion HISTORIC RESOURCES CONMSSION NEE-1NG DATE: OCTOBER 1, 2009 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009 -01 FOR THE PROPERTY LOCATED AT 2360 N. NORTH PARK BOULEVARD Prepared by Hally Soboleske APPROVED ❑ As Recommended • As Amended • Set Public Hearing For CONTINUED TO Executive Director Planning Manag RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Richard and Mary Coleman, property owners, for the structure located at 2360 N. North Park Boulevard subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Richard and Mary Coleman, request the approval of Historic Property Preservation Agreement No. 2009 -01 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Colonial Revival styled residence and garage located at 2360 N. North Park Boulevard and is within the Floral Park Neighborhood. Surrounding land uses are all 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 25C -3 HPPA No. 2009 -01 October 1, 2009 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 as the J.C. Horton House and categorized as Key in October of 2009 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). Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b) (3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Hally S#boleske Associa e Planner HS:jm hs \historic info \mills act agreements \2360 N NorthPark\ hppa- 09- 01_2360_N_NorthPark.hrc 25C -4 HPPA- 2009 -01 2360 N. North Park Blvd. PLANNING AND BUILDING AGENCY EXHIBIT I 25C -5 1� 1� �1 �IOTNd�! pw 111R° 7 ry NOIITk D } �a 1! eRA� s� ~ N ].W BANTA d#� Uw 7]iL ?iJt 1 � 1171 ?7t4 Nu Hsu a7l1 500' RADIUS HPPA- 2009 -01 2360 N. North Park Blvd. PLANNING AND BUILDING AGENCY EXHIBIT I 25C -5 EXECUTIVE SUMMARY 1. C. HORTON HOUSE 2360 N. North Park Blvd. Santa Ana, CA 92706 NAME J. C. Horton House REF. NO. ADDRESS 2360 North North Park Boulevard CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1936 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD I 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: The J. C. Horton 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 "Key" because it possesses "distinctive architectural style and quality", and, as an intact and unusual example of the combination of the Colonial Revival style in the Floral Park neighborhood due to the rock on the front facade, as well as its association with entrepreneur, John Clyde Horton, a "significant person 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.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. E rg 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 panp 1 of 4 RP_SnnrrP_ namPlsl nr numher (assinned by rernrder) P1. Other Identifier: *132. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2360 N. North Park Blvd. City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002 - 122 -01 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The J. C. Horton House is a very intact example of the Colonial Revival style of architecture. In an unusual design, the home is sheathed primarily in light dash pattemed stucco, but with light stone veneer on the front and wrapping around just the front edges of the house. The same stone is also used on two of the three chimneys on the house. The other chimney is sheathed in red brick. The roof was originally wood shake, but has been replaced with composition shingle. The house is L- shaped in form, and two- story, and has a northem wing which recedes from the front fagade. This wing has a windowed dormer centered on it, and the front fagade shares this detail by utilizing three matching dormers. Windows in the dormers are wood single hung six - over -six. Wood siding decorates the dormer ends, as well as the exposed gable end just in front of the recessed right bay. The bottom story has an asymmetrical fenestration pattern with a three -sided bay window with copper roof on the bay. The front entry is a simple paneled wood door with two rectangular sidelights. The entry is shielded by a portico capped with copper in a bell shape. Portico supports are thin round Colonial styled with simple capitals. A window marks the center of the lower floor of the recessed wing, and is also a wood single hung six - over -six. The property is well cared for, and enhanced by professional landscaping. *133b. Resource Attributes: (list attributes and codes) HP2. Single- family Property *134. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) North elevation August 2009 *P6. Date Constructed /Age and Sources: ■historic 1936 1City of Santa Ana Building Permits *P7. Owner and Address: Richard & Mary Coleman 2360 N. North Park Blvd. Santa Ana, CA 92706 *P8. Recorded by: Hally Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: August 26, 2009 *1310. 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 Page 2 of 5 25C -7 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Paae 2 of 4 *CHR Status Code 2D2 *Resource Name or #: J. C. Horton House B1. Historic Name: J. C. Horton House B2. Common Name: Same B3. Original Use: Single- family Residence B4. Present Use: Single- family Residence *135. Architectural Style: Monterey Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1936 September 8, 1936. Residence and garage constructed for $16, 643. March 5, 1945. One fixture by Chas. Lawrence for J. C. Horton. December 1, 1950. One fixture by Pacific Plumbing for J. C. Horton. *137. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *136. Related Features: None. 139a. Architect: Allen Ruoff b. Builder: John Terpstra *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single - family Residence Applicable Criteria: NR: C; CR: 2D2 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The J. C. Horton House is architecturally significant as an intact example of Colonial Revival styled architecture in Floral Park. The house was constructed in 1936 for John Clyde Horton and his wife, Lulu. Mr. Horton was born and raised in Santa Ana, and his parents ran a furniture store which they first opened in 1898. Over time, the young J. C. married Lulu and continued working in his parents' business. When they retired, J. C. took over the business but joined efforts with William Spurgeon Jr, son of the city founder, William Spurgeon, Sr. They named the store the Horton - Spurgeon Fumiture Store, and they remained in business together until 1921, at which time J. C. took sole control of the business. He moved the store from Fourth Street to 517 N. Main Street and called it Horton's Furniture Store. That structure is listed on the Santa Ana Register of Historical Properties. Eventually, Mr. Horton brought his children into the business: Chester (buyer), Fay (department manager), Francis (credit manager), and George A. (department manager), while he remained president. J. C. Horton passed away in the late 1940's, and his children took over the business which remained open until the 1980's. Additionally, the J. C. Horton House and the Horton Building were both designed by the same architect: Allen Ruoff who was a well known architect in the Los Angeles area. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *1312. 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 4.) B13. Remarks: *1314. Evaluator: Hally Soboleske (This space reserved for official comments.) *Date of Evaluation: August 26, 2009 Sketch Map 002 - 122 -01 z 2360 N. North Park Blvd. m p. �'N7bN w o � O •� DPR 523B (1195) A35 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Paae 3 of 4 Resource Name or # (Assianed by recorder) J. C. Horton House "Recorded by Hally Soboleske 'Date August 26, 2009 0 Continuation ❑ Update "1310. 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 on 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 J. C. Horton 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 Paris 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 El Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881 - 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War 11 years, Floral Park continued its development as numerous smaller, single- family houses were built. Continuing in the Floral Paris 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 J. C. Horton 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."' The J. C. Horton House also qualifies for listing in the Santa Ana Register of Historical Properties as Key because it possesses "distinctive architectural style and quality'; and, as an intact and unusual example of the combination of the Colonial Revival style in the Floral Park neighborhood due to the rock on the front facade, as well as its association with entrepreneur, John Clyde Horton, a "significant person in the city. Character - defining exterior features of the J. C. Horton House that should be preserved include, but may not be limited to, materials and finishes (stucco, rock veneer, and wood); roof configuration and detailing; original windows and doors where extant, deep setbacks. 1 Determination of Eligibility, February 25, 1980. Page 4 of 5 DPR 523L 25C-9 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) J. C. Horton House *Recorded by Hally Soboleske *Date August 26, 2009 I] Continuation ❑ Update 612. 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 Paris 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. 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 Paris." http./ /www.floral- park.com/page2.html. Page 5 of 5 DPR 523L 25C-1 0 MILLS ACT AGREEMENT 2360 N. North Park Blvd. Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this November 2, 2009 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 and Mary Coleman, (hereinafter referred to as "Owner "), owner of real property located at 2360 N. North Park Boulevard, 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 Owner 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 possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2360 N. North Park Boulevard, 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 0 1 MILLS ACT AGREEMENT 2360 N. North Park Blvd. Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 2, 2009, 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- 25C-12 MILLS ACT AGREEMENT 2360 N. North Park Blvd. 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 of character - 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 agree 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- 25C-13 MILLS ACT AGREEMENT 2360 N. North Park Blvd. 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 have 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 have 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 may be 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- 25C-14 MILLS ACT AGREEMENT 2360 N. North Park Blvd. 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 subject the Historic Property, located at 2360 N. North Park Boulevard, Assessor Parcel Number, 002 - 122 -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' 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 and Mary Coleman 2360 N. North Park Boulevard Santa Ana, CA 92706 -5- 25C-15 MILLS ACT AGREEMENT 2360 N. North Park Blvd. 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' 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- 25C-16 MILLS ACT AGREEMENT 2360 N. North Park Blvd. 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: MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Benjamin Kaufman Chief Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager -7- 25C-17 Richard Coleman Mary Coleman MILLS ACT AGREEMENT 2360 N. North Park Blvd. Santa Ana, CA 92706 Exhibit A Lot 210 and 211 in Tract 425 of North Broadway Park, in the City of Santa Ana, County of Orange, State of California, as per Map Recorded in Book 16, Pages 33 and 34 of Misc. Maps in the Office of the County Recorder of said County. Assessor's Parcel Number: 002 - 122 -01 -s- 25C-18 MILLS ACT AGREEMENT 2360 N. North Park Blvd. 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- 25C-19 MILLS ACT AGREEMENT 2360 N. North Park Blvd. 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- 25C-20 MILLS ACT AGREEMENT 2360 N. North Park Blvd. Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25C-21 B E N T O N W A Y 2360 N. NORTH PARK BLVD. PHOTO LOCATION MAP 1 1 1 1 I i i NORTH I 1 NORTH PARK BLVD. 114.62 0 2k-ii I I I I I 1 I 140.0. I I I 1 I I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009 -02 FOR THE PROPERTY LOCATED AT 1914 NORTH VICTORIA DRIVE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: P N OIXIM ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Carole W. Lankford, property owner, for the structure located at 1914 North Victoria Drive subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the the Council to execute the attached agreement property owner, for the structure located at subject to non - substantive changes approved by Attorney at its October 1, 2009 meeting by a Gartner, O'Callaghan absent). DISCUSSION City Manager and Clerk of with Carole W. Lankford, 1914 North Victoria Drive the City Manager and City vote of 5:0 (Bustamante, After the public hearing on October 1, 2009, 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. 2009 -02 November 2, 2009 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $118 to $592 annually, for a period of not less than ten years. Jay Trevino Executive Director Planning & Building Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency HS.rb hs \historic info \mills act agreements \1914_N Victoria \hppa09- 02_1914_N Victoria.cc 25D -2 REQUEST FOR Historic Resources Commission Action J "L :910-f 0.0 a Al,► I ►A = al,►. I. I OCTOBER 1, 2009 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009 -02 FOR THE PROPERTY LOCATED AT 1914 NORTH VICTORIA DRIVE Prepared by Hally Soboleske HISTORIC RESOURCES CONIVIISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planning Manager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Carole W. Lankford, property owner, for the structure located at 1914 North Victoria Drive subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicant, Carole W. Lankford, Property Preservation Agreement No. property owner and the City of Santa Property Description requests the approval of Historic 2009 -02 (Mills Act) between the Ana. The subject property includes a Tudor Revival styled residence and garage located at 1914 North Victoria Drive and is within the Floral Park Neighborhood. Surrounding land uses are all 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 25D -3 HPPA No. 2009 -02 October 1, 2009 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 as the Anton Segerstrom House and categorized as Landmark in March of 2003 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b) (3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Hnly Sob Teske Associatd Planner HS jm hs \historic info \mills act agreements \1919_N_Victoria \hppa -09 -02 -1919 N Victoria.hrc 25D -4 Sergio Princd H P PA- 2009 -02 1914 N. Victoria Drive PLANNING AND BUILDING AGENCY EXHIBIT I 25D -5 203i 20" 2031 2032 2026 27 > 21t)!8 3 2028 2016 F . 2R7i 20120 �01p ggqppp 2 �?p 916 W !9 91,E 999 i ! �� S7 116 114 i9 t5 :a of !� M ?2 >^ 171 t8 tp !7i 1 1701 500' RADIUS H P PA- 2009 -02 1914 N. Victoria Drive PLANNING AND BUILDING AGENCY EXHIBIT I 25D -5 EXECUTIVE SUMMARY ANTON SEGERSTROM HOUSE 1914 North Victoria Drive Santa Ana, CA 92706 NAME Anton Segerstrom House REF. NO. ADDRESS 1914 North Victoria Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1931 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT I N/A NEIGHBORHOOD I Floral Park NATIONAL REGISTER CRITERIA FOR EVALUATION I C NATIONAL REGISTER STATUS CODE 3S 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: The Anton Segerstrom House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its exemplification of the Tudor Revival style. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of a prominent Orange County family. In addition, the Anton Segerstrom House has been categorized as "Landmark" because the building "appears to be eligible" to be placed on the National Register and the California Register and "has a unique architectural significance" as an intact and representative example of the Tudor Revival style that contributes to the historic streetscape of North Victoria Drive (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 3S: Appears eligible for separate listing. EXHIBIT 2 Pag26D -6 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Primary #_ HRI # Trinomial NRHP Status Code Review Code Reviewer 1 of 4 Resource name(s) or number (assigned by recorder) Anton Seaerstrom P1. Other Identifier: *P2. Location: []Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad Date: *c. Address 1914 North Victoria Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number: 002 - 101 -21 Orange Grove TR Lot Por of Tract and Por SE %4 SEC1 T 5 R 10 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Unlike the steep gables of most Tudor Revival designs, this large, two -story residence is crowned with a broad, symmetrical, medium - pitched hipped roof. In addition, be/lcast, projecting hipped roof sections anchor each end of the east - facing house. Wood shingles, exposed rafter tails, and shallow eaves distinguish the roof treatment. Exteriors are finished in smooth stucco. Decorative half - timbering and exposed beam -ends enliven upper story projections beneath the north and south raised roofs sections. Recessed, multi -pane, fixed and casement, wood- framed windows are arranged asymmetrically on the four bay fagade, either singly or in groups of two or three. A small, deeply recessed second floor window is glazed with bottle glass. Another window, located on the lower northeast corner, is distinguished by leaded glass and a segmental arched head adorned with decorative wing -like moldings. Offset to the south of center, the entry is marked by a round arch with a (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single- family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other Photo *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. P5b. Photo: (view and date) East elevation January 2003 *P6. Date Constructed /Age and Sources: ■historic 19311 Source: City of Santa Ana building permits. *P7. Owner and Address: Carole W Lankford 1914 North Victoria Drive Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: January 27, 2003 *P10. Survey Type: Intensive Survey *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) Page 2 of 5 25D -7 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 3S 'Kesource Name or 9: Anton Segerstrom House B1. Historic Name: Anton Segerstrom House B2. Common Name: Same B3. Original Use: Single- family Residence B4. Present Use: Single- family Residence *135. Architectural Style: Tudor Revival *136. Construction History: (Construction date, alterations, and date of alterations): June 9, 1931. Residence and garage. Owner, Roy Russell. $15,000. September 7, 1976. Private swimming pool with spa for H. Segerstrom, owner. $10, 000. September 7, 1976. Garage and studio, pool house for Henry Segerstrom, owner. $22,440. *137. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *B8. Related Features: Mature pine tree in front yard. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888 -1953 Property Type: Single - family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Segerstrom House is architecturally distinguished as a remarkably intact and characteristic example of the Tudor Revival style of the early 1930s. Its period revival design, substantial scale, and generous setback contribute to the elegant and distinctive streetscape on North Victoria Drive. It was built in 1931 by owner/builder Roy Russell, the primary developer of North Victoria Drive, for a cost of $15, 000. The 1933 Orange County Directory indicates that Anton H. and Ruth Segerstrom were the first owner residents of the house. Anton Henry Segerstrom was one of the sons of Charles John (C. J.) and Britta Segerstrom, Swedes who came to Orange County in 1898 following an intermediate stop in the Midwest where Anton was born in 1891. The Segerstroms became one of the leading families of Orange County, beginning with their initial purchase of (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.) B13. Remarks: *1314. Evaluator: Leslie J. Heumann *Date of Evaluation: January 27, 2003 (This space reserved for official comments.) DPR 5238 (1/95) Page 3 of 5 25D -8 Sketch Map *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Paqe 3 of 4 Resource Name or # (Assianed by recorder) Anton Segerstrom House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date January 27, 2003 O Continuation ❑ Update *133a. Description (continued): red brick surround and illuminated by a pair of copper sconces. Deeply recessed within a barrel - vaulted vestibule, the solid wood entrance door boasts original hardware and a small, center arched door light. Red brick was also used for the shallow porch steps, porch pavement, to define garden beds in front of the house, and for a chimney with paired terra -cotta chimney pots that emerges from the roof along the south elevation. A double car garage, perhaps altered in 1976, is located on the northwest corner of the property. The garage has a hipped, wood shingle roof and two square wood doors, each with a herringbone pattern. Along the north edge of the property, the driveway, spanned by a non - original iron gate attached to the house, leads to the rear garage. A curving brick and concrete entrance path branches off of the driveway. The front setback is carpeted with grass and punctuated by a large, mature pine tree near the southeast corner. Other than the garage and iron gate, the house appears original and in excellent condition. *1310. Significance (continued): forty acres in what is now Costa Mesa. Anton Segerstrom was a rancher and a key player in the family agricultural business, which specialized in the large -scale production of lima beans and development of a high yield dairy herd. Following World War ll, the family branched into commercial and industrial ventures, and, with the construction of South Coast Plaza Town Center, became one of the most successful land developers in the county. The Segerstrom interests also built the first high rise in Santa Ana, the United California Building at the corner of 1dh and Main. Building permits show that the Segerstrom family owned this residence until at least 1976. Both Anton, who died in 1963, and Ruth, who died in 1997, were active in city and county charities and organizations. Ruth Segerstrom, a board member of the Bowers Museum, the American Red Cross, and the National Cancer Society, and a former president of the Santa Ana Ebel Club, was said to have been most proud of her role in the family's contributions to the founding of the South Coast Repertory Theater and Arts Center. The Anton Segerstrom 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 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 II, 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 (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Anton Segerstrom House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. it also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its exemplification of the Tudor Revival style. The use of decorative half - timbering, the barrel vaulted entry, the second story overhangs, and the incorporation of varied and picturesque window types are notable in this regard. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with a prominent Orange County family. Additionally, the house has been categorized as "Landmark" for its unique architectural significance as an example of the Tudor Revival style that contributes to the historic streetscape of North Victoria Drive. All original exterior features of the Anton Segerstrom House are considered character defining and should be preserved. These features include, but may not be limited to: materials (wood and brick) and finishes (stucco); roof configuration and treatment massing and composition; entry porch; doors and windows; architectural detailing (exposed beam -ends, copper sconces); and brick chimney. DPR 523E Page 4of5 25D -9 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) Anton Segerstrom House mecoraeo Dy Lesue j. Heumann, Teter C:. Moruzzi, SAID "Date January 27, 2003 1] 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. "Instructions for Recording Historical Resources." Sacramento: March 1995. "Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies, " Orange County Register, September 15, 1981. "History of Floral Park." http. IAvww.floral- park.com/page2.html Talbert, Thomas (editor- in- chieo. Historical Volume and Reference Works Including Biographical Sketches of Leading Citizens. Volume I. Whittier, Historical Publishers, 1963. Armor, Samuel. History of Orange County, 1921. Orange County Directories, 1932 -1941, 1945. "Segerstrom Patriarch Dies." The Register. September 30, 1963. "Ruth Segerstrom Honored at Cancer Society Benefit. " Los Angeles Times. April 28, 1987. "Ruth Segerstrom, a City Fixture for Decades, Dies at 99." Los Angeles Times. March 2, 1997. DPR 523L Page 5 of 5 25D -10 MILLS ACT AGREEMENT 1914 North Victoria Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this November 2, 2009 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 Carole W. Lankford, (hereinafter referred to as "Owner "), owner of real property located at 1914 North Victoria 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 Owner 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 possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1914 North Victoria 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- EXT151y 11 MILLS ACT AGREEMENT 1914 North Victoria Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 2, 2009, 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 1914 North Victoria 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 of character - 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 agree 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 1914 North Victoria 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 have 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 have 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 may be 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- 25D-14 MILLS ACT AGREEMENT 1914 North Victoria 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 subject the Historic Property, located at 1914 North Victoria Drive, Assessor Parcel Number, 002 - 101 -21, 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' 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: Carole W. Lankford 1914 North Victoria Drive Santa Ana, CA 92706 -s- 25D-15 MILLS ACT AGREEMENT 1914 North Victoria 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' 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 1914 North Victoria 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: MARIA D. HUIZAR Clerk of the Council Owner Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Benjamin Kaufman Chief Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager -7- 25D-17 Carole W. Lankford MILLS ACT AGREEMENT 1914 North Victoria Drive Santa Ana, CA 92706 Exhibit A ORANGE GROVE TRACT LOT10 PORTION OF TRACT 256 AND PORTION SE 1/4 SECTION Assessor's Parcel Number: 002 - 101 -21 -8- 25D-18 MILLS ACT AGREEMENT 1914 North Victoria 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: 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- 25D-19 MILLS ACT AGREEMENT 1914 North victoria 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- 25D-20 MILLS ACT AGREEMENT 1914 North Victoria Drive Santa Ana, CA 92706 Exhibit C (photographs attached) ORANGE GROVE TR LOT POROF TRACT AND POR SE1 /4 SEC Assessor Number: 002 - 101 -21 -11- 25D-21 MILLS ACT AGREEMENT 1914 North Victoria Drive Santa Ana, CA 92706 -12- 25D-22 MILLS ACT AGREEMENT 1914 North Victoria Drive Santa Ana, CA 92706 1914 NORTH VICTORIA DRIVE PHOTO LOCATION MAP VICTORIA 176.33 . O o 159.59 ■ O NORTH -14- 25D-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009 -03 FOR THE PROPERTY LOCATED AT 1917 NORTH VICTORIA DRIVE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with John and Patricia Bretza, property owners, for the structure located at 1917 North Victoria Drive subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with John and Patricia Bretza, property owners, for the structure located at 1917 North Victoria Drive subject to non - substantive changes approved by the City Manager and City Attorney at its October 1, 2009 meeting by a vote of 5:0 (Bustamante, Gartner, O'Callaghan absent). DISCUSSION After the public hearing on October 1, 2009, 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. 2009 -03 November 2, 2009 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $103 to $517 annually, for a period of not less than ten years. Jay M. .T evino Executive Director Planning & Building Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency HS:rb hs \historic info \mills act agreements \1917_N_Victoria \hppao9 - 03_1917 N_Victoria.cc 25E -2 REQUEST FOR Historic Resources Commission Action .��� -� .• OCTOBER 1, 2009 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009 -03 FOR THE PROPERTY LOCATED AT 1917 NORTH VICTORIA DRIVE Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION APPROVED ❑ As Recommended • As Amended • Set Public Hearing For CONTINUED TO Planning Manager Recommend that the City Council authorize the City Manager the Council to execute the attached agreement with John Bretza, property owners, for the structure located at Victoria Drive subject to non - substantive changes approved Manager and City Attorney. DISCUSSION Request of Applicant The applicants, John and Patricia Bretza, Historic Property Preservation Agreement No. the property owner and the City of Santa Ana. Property Description and Clerk of and Patricia 1917 North by the City request the approval of 2009 -03 (Mills Act) between The subject property includes a Tudor Revival styled residence and garage located at 1917 North Victoria Drive and is within the Floral Park Neighborhood. Surrounding land uses are all 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 25E -3 HPPA No. 2009 -03 October 1, 2009 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 as the Hoiles House and categorized as Contributive in March of 2003 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b) (3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. 0&44z- Ha y Sob eske Associate Planner HS:jm hs \historic info \mills act agreements \1917 N Victoria \hppa -09 -03 -1917 N Victoria.hrc 25E -4 HPPA- 2009 -03 1917 N. Victoria Drive PLANNING AND BUILDING AGENCY EXHIBIT 1 25E -5 2 109 2042 2m 20" �K9 zm 2030 2aw > 2022 ryo ry 1 H ST tA eri `M ii► � a M �V �I 19TH ffiT N 1�S 4 M N 1820 7K 1516 JSJ2 1 �i �' ~ w lsai 18rl1 M l nn sro L 1807 18TH $T 500' RADIUS HPPA- 2009 -03 1917 N. Victoria Drive PLANNING AND BUILDING AGENCY EXHIBIT 1 25E -5 EXECUTIVE SUMMARY HOILES HOUSE 1917 North Victoria Drive Santa Ana, CA 92706 NAME Hoiles House REF. NO. ADDRESS 1917 North Victoria Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1935 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD Floral Park NATIONAL REGISTER CRITERIA FOR EVALUATION I C NATIONAL REGISTER STATUS CODE 5S 1 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: The Hoiles House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its retention of several of the distinguishing characteristics of the Tudor Revival style, including the use of half timbering, the complex gabled and hipped roof configuration and rustic wood shingling, and the asymmetrical design. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business community. Additionally, the house has been categorized as "Contributive" for its contribution to character of Floral Park and North Victoria Drive and as a "good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 5S1: Is not eligible for listing in the National Register but of local interest because the resource is eligible for listing under an existing local ordinance. EXHIBIT 2 Page l of 4 25E -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 (assianed by recorder) Hoiles House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad Orange TCA 1725 Date: *c. Address 1917 North Victoria Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number: 002 - 151 -15 Orange Grove TR Lot Irreg Lot in Tract -Lying 67.04ft N of Goeppers Add *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Although altered, this west - facing, two -story residence is still evocative of the Tudor Revival style. The asymmetrical residence is capped by a wood shingled roof featuring a pair of adjacent, medium - pitched front gables that intersect the primary side gable on the north and a hipped section on the south. Decorative half - timbering adorns the projecting face of the front gable located slightly north of center and the portion of the second story below it. To the north, exposed, notched beam -ends punctuate the slight overhang of the gabled north bay of the facade. Windows are irregularly disposed about the facade and are varied in size and type. The entry is located beneath the projecting front gable and is framed with red brick. A tall exterior red brick chimney is attached to the south elevation. There have been numerous alterations to the house, including the application of a rough stucco exterior finish, replacement of the original ground floor windows north of the entrance with newer stained glass, the addition of a high wall with an arched cutout in front of the entrance porch, the addition or modification of a bay window on the upper story, and the installation of window awnings. A two -car garage located on the southeast corner of the property replaced the original garage in 1989. A mature pine tree shades the broad lawn and low shrubs of the front yard. The house is in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District []Other *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. P5b. Photo: (view and date) West elevation January 2003 *P6. Date Constructed /Age and Sources: ■historic 19351 Source: City of Santa Ana building permits. *P7. Owner and Address: Kristina Bretza 1917 North Victoria Drive Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: January 30, 2003 *P10. Survey Type: Intensive Survey *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) Page 2 of 4 25E -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 *NRHP Status Code 5S1 *Resource Name or #: Hoiles House B1. Historic Name: Hoiles House B2. Common Name: Same B3. Original Use: Single- family Residence B4. Present Use: Single- family Residence *135. Architectural Style: Tudor Revival *B6. Construction History: (Construction date, alterations, and date of alterations): September 5, 1935. Residence and garage. Owner, H. C. Head. $12,500. May 26, 1936. Alterations to residence by Hasper Farney. $200. July 6, 1939. Termite treatment by R. C. Hoiles. $35. January 29, 1973. Private pool by Leo A. Moyneur, owner. $3,500. June 2, 1982. Reroof for Lee Moyneur. October 18, 1989. Two car garage. November 21, 1989. Conform to code shed at rear of garage. *B7. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *138. Related Features: Mature pine tree in front yard. 69a. 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: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Hoiles House is architecturally noteworthy as an example of the Tudor Revival, which, while altered, is still recognizable. Its period revival design, substantial scale, and generous setback contribute to the elegant and distinctive streetscape on North Victoria Drive. According to the building permit, the house was constructed in 1935 by owner /builder H. C. Head. Like builder Roy Russell, Mr. Head was the owner and developer of multiple properties on North Victoria Drive. Subsequent building permits suggest that Hasper Farney may have owned the house briefly in 1936; however, both the Orange County directories and later building permits indicate that the Hoiles family occupied the property from 1936 until at least 1960. In 1936, Raymond C. Hoiles, wife Mabel, and son Harry H. Hoiles, a student, lived in the house. Raymond C. Hoiles was a (See Continuation Sheet 3 of 3.) 611. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: January 30, 2003 (This space reserved for official comments.) DPR 523B (1195) Page 3 of 4 25E -8 *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) Hoiles House 'Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date January 30, 2003 O Continuation ❑ Update *1310. Significance (continued): native of Ohio who, while studying engineering, decided to pursue a career in newspapers instead. Listed in the city directories as president of the Register Publishing Company, Hoiles purchased a controlling interest in the Santa Ana Register in 1935 and moved to Santa Ana. He appointed his son Clarence H. Hoiles, who moved into 2010 North Victoria Drive, secretary of the Register Publishing Company, in charge of the business affairs of the paper. The Hoiles published the paper until 1987, during their tenure, both the county and the paper, which became The Register in 1955 and the Orange Countv Register in 1987, witnessed tremendous growth. The Hoiles 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 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 El Toro Marine Base during World War Il, 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 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 (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Hoiles House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its retention of several of the distinguishing characteristics of the Tudor Revival style, including the use of half timbering, the complex gabled and hipped roof configuration and rustic wood shingling, and the asymmetrical design. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business community. Additionally, the house has been categorized as "Contributive" for its contribution to character of Floral Park and North Victoria Drive. Character - defining exterior features of the Hoiles House that should be preserved include, but may not be limited to: original materials (wood and brick) and finishes where extant; roof configuration and materials (randomly laid wood shingles); asymmetrical massing and composition; original doors and windows where extant, architectural detailing (exposed beam - ends); and brick chimney. If returned to an earlier appearance, the house may qualify for "Key" or "Landmark" categorization. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York. Alfred A. Knopf, 1984, National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. "Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies, " Orange County Register. September 15, 1981. "History of Floral Park." http:/ /www.floral- park.com/page2.html Talbert, Thomas (editor -in- chief). Historical Volume and Reference Works Including Biographical Sketches of Leading Citizens. Volume I. Whittier, Historical Publishers, 1963. Armor, Samuel. History of Orange County. 1921. Orange County Directories, 1932 -1941, 1945. Milbauer, Jordana. A Libertarian Dynasty: Publishers of the Orange County Register 1935 -1987. M.A. Thesis, California State University Northridge, August 1988. DPR 523L Page 4 of 4 25E -9 MILLS ACT AGREEMENT 1917 North Victoria Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this November 2, 2009 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, (hereinafter referred to as "Owner "), owner of real property located at 1917 North Victoria 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 Owner 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 possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1917 North Victoria 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- EX2 3,. ' 10 MILLS ACT AGREEMENT 1917 North Victoria Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 2, 2009, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25E-11 MILLS ACT AGREEMENT 1917 North victoria 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 of character - 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 agree 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 1917 North Victoria 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 have 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 have 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 may be 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- 25E-13 MILLS ACT AGREEMENT 1917 North Victoria 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 subject the Historic Property, located at 1917 North Victoria Drive, Assessor Parcel Number, 002 - 151 -15, 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' 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 and Patricia Bretza 1917 North Victoria Drive Santa Ana, CA 92706 -5- 25E-14 MILLS ACT AGREEMENT 1917 North Victoria 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' 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 1917 North victoria 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: MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Benjamin Kaufman Chief Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager By: John Bretza By: Patricia Bretza -7- 25E-16 MILLS ACT AGREEMENT 1917 North Victoria Drive Santa Ana, CA 92706 Exhibit A ORANGE GROVE TR LOT IRREG LOT IN TRACT -LYING 67.0 N OF GOEPPERS ADD Assessor's Parcel Number: 002 - 151 -15 -8- 25E-17 MILLS ACT AGREEMENT 1917 North Victoria 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- 25E-18 MILLS ACT AGREEMENT 1917 North Victoria 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- 25E-19 MILLS ACT AGREEMENT 1917 North Victoria Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25E-20 MILLS ACT AGREEMENT 1917 North Victoria Drive Santa Ana, CA 92706 -12- 25E-21 1917 NORTH VICTORIA DRIVE PHOTO LOCATION MAP 2t-22 VICTORIA 50.00 I I I O I I I I HOUSE I I I O I I 125.00 I GARAGE 1 1 2 I I I I I I 1 I I NORTH 2t-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009 -04 FOR THE PROPERTY LOCATED AT 1541 EAST FOURTH STREET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of t attached agreement with Noel and Clare Bonn structure located at 1541 East Fourth Street changes approved by the City Manager and City HISTORIC RESOURCES COMMISSION ACTION he Council property subject to Attorney. Recommended that the City Council authorize the the Council to execute the attached agreement property owners, for the structure located at subject to non - substantive changes approved by Attorney at its October 1, 2009 meeting by a Gartner, O'Callaghan absent). DISCUSSION to execute the owners, for the non - substantive City Manager and Clerk of with Noel and Clare Bonn, 1541 East Fourth Street the City Manager and City vote of 5:0 (Bustamante, After the public hearing on October 1, 2009, 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. 2009 -04 November 2, 2009 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $118 to $549 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay M revino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency HS:rb hs \historic info \mills act agreements \1541_E_ Fourth \hppa09- 04_1541_E_Fourth.cc 25F -2 REQUEST FOR Historic Resources Commission Action I:I�_ -j(W .elzl - a, Z « � «�.�i ice+_ ..•.► a a� ►. •,_ i OCTOBER 1, 2009 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009 -04 FOR THE PROPERTY LOCATED AT 1541 EAST FOURTH STREET Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION ti • -, • - r •• Ji 1 . • o- APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO Recommend that the City Council authorize the the Council to execute the attached agreement property owners, for the structure located at subject to non - substantive changes approved by Attorney. DISCUSSION Request of Applicant V_ 0,k1AA_ UILJ�� Planning Manager City Manager and Clerk of with Noel and Clare Bonn, 1541 East Fourth Street the City Manager and City The applicants, Noel and Clare Bonn, request the approval of Historic Property Preservation Agreement No. 2009 -04 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Spanish Colonial Revival styled residence and garage located at 1541 East Fourth Street and is within the Saddleback View Neighborhood. Surrounding land uses are residential (Exhibit 1), and an office building directly east. 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 25F -3 HPPA No. 2009 -04 October 1, 2009 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 as the Safely House and categorized as Contributive in October of 2001 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). 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. S. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b) (3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Tally So oleske Sergio Associa Planner Princi HS jm hs \historic info \mi11s act agreements \1541 E Fourth \hppa09 -04 1541 E Fourth.hrc 25F -4 Tanlrp HPPA- 2009 -05 1541 E. Fourth Street PLANNING AND BUILDING AGENCY EXHIBIT 1 25F -5 � w at w sau sn Ltd Y g sad sir Sn � snt ON OT d atr adn bt ati ." 8 sta ats aw is as All aev a't =I rar ada am saa ru sod waT 4T tlkT*T 500' RADIUS HPPA- 2009 -05 1541 E. Fourth Street PLANNING AND BUILDING AGENCY EXHIBIT 1 25F -5 NAME Safley House REF. NO. 81 ADDRESS 1541 East Fourth Street CITY Santa Ana ZIP 1 92701 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD f Saddleback View NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE7 5S1 Location: ❑ Not for Publication USGS 7.5" Quad ❑ Prehistoric ® Historic Date: ® Unrestricted T R ❑ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: '/4 of '/4 of Sec B.M. 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 tile 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. Page 1 of 4 cm\historic \templates \Fourth 1541 E (Safley) 9/27/01 EXHIBIT 2 25F -6 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) August 3, 1925. Residence and garage. September 13, 1938. Extend garage. December 2, 1938. Garage. RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) Detached garage. Large evergreen tree on the east side of the property. DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) This one -story Spanish Colonial Revival house presents a symmetrical, three -bay fagade to the street. Covered in smooth white stucco, the building is topped by a flat roof hidden by a parapet edged with red clay tile coping. In the center fagade bay, an attached porch is enclosed beneath a front - gabled roof, also covered in red clay tile. Arched openings are located on three sides of the porch projection, within which the entry is also round - headed. Two tripartite window groupings on either side of the porch consist of narrow casements flanking the broad fixed sash. Louvered attic vents are centered in the wall above each window grouping. Complemented by its landscaping, the house is unaltered. The property also contains a one -story garage whose appearance echoes that of the house, with stucco siding and roof coping of red clay tile. HISTORIC HIGHLIGHTS: Clarence and Minerva Safley built this house in 1926. Their daughter, Mary Safley, who lived with them for several years, was a teacher at McKinley School and later at Santa Ana High School. Mr. Safley died around 1948; his wife remained in the house. In the 1950s, Stephen and Florence Palmer purchased the house. Stephen Palmer was the Minister of Music at the First Presbyterian Church and taught music at Santa Ana High School (Treasures). RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) HP2. Single- family Property cm \historic \templates \Fourth 1541E (Safley) Page 2 of 4 9/27/01 25F -7 RESOURCES PRESENT: ® Building ❑ Structure ❑ Object ❑ Site MOVED? ® No ❑ Yes ❑ Unknown Date: ❑ District ❑ Element of District ❑ Other Original Location: STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. The City grew, more or less steadily, into the 201h century, experiencing a boom in residential construction in the 1920s, when many new neighborhoods were developed and empty lots in older areas were filled. The California style of living evidenced itself in the abundance of Spanish Colonial Revival style buildings, which were commonly built during the 1920s and early 1930s. The Safley House is architecturally interesting as an example of a modestly scaled Spanish styled home from the mid 1920s. Character - defining exterior features of the house, which should be preserved, include but may not be limited to: smooth stucco siding; red clay tile roofing and coping; symmetrical, three bay fagade configuration; attached porch; arched openings; and original fenestration. SUMMARY /CONCLUSION: This resource is currently listed in the Santa Ana Register of Historical Property. It is significant under Criterion 1 in that it embodies the distinguishing characteristics of an architectural building period associated with a specific period of development. It has been categorized as "Contributive" because the building "contributes to the overall character and history" of Santa Ana, "is good example of period architecture," and "has not been substantially altered" (Municipal Code, Section 30 -2.2). OWNER AND ADDRESS: cm\historic \templates \Fourth 1541E (Safley) Page 3 of 4 9/27/01 25F -8 RECORDED BY: (Name, affiliation, and address) Leslie J. Heumann Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: September 4, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) City of Santa Ana. Santa Ana's Historic Treasures. REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) 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 Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. EVALUATOR: Leslie J. Heumann EXPLANATION OF CODES: DATE OF EVALUATION: September 4, 2001 • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 5S1: Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation. cm\historic \templates \Fourth 1541E (Safley) Page 4 of 4 9/27/01 25F -9 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this November 2, 2009 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 Noel and Clare Bonn, (hereinafter referred to as "Owner "), owners of real property located at 1541 East Fourth Street, Santa Ana, California, 92701 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into contracts with Owner 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 possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1541 East Fourth Street, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -I - - Imo !r �T Ef10 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 2, 2009, 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-11 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character - 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 agree 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-12 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have 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 have 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 may be 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- 25F-13 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property, located at 1541 East Fourth Street, Assessor Parcel Number, 398 - 393 -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' 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: Noel and Clare Bonn 1541 East Fourth Street Santa Ana, CA 92701 -5- 25F-14 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner' 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-15 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Benjamin Kaufman Chief Assistant City Attorney DAVID N. REAM City Manager By: Noel Bonn By: Clare Bonn -7- 25F-16 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 Exhibit A LOT 14 OF TRACT NUMBER 319 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14 PAGE 37 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Assessor's Parcel Number: 398 - 393 -17 -8- 25F-17 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 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-18 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- 25F-19 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 Exhibit C (photographs attached) -11- 25F-20 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 -12- 25F-21 MILLS ACT AGREEMENT 1541 East Fourth Street Santa Ana, CA 92701 -13- 25F-22 1541 EAST FOURTH STREET PHOTO LOCATION MAP FOURTH 59.44 E I 1 A . S I T 0 S I I I 1 I D . -. E 121.26 I 1 I I I I O I I O I 1 I 1 I 1 NORTH 25F-23 25F -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009 -05 FOR THE PROPERTY LOCATED AT 2033 NORTH FLOWER STREET ,-n a 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 Authorize the City Manager and Clerk of the Council to execute the attached agreement with William C. and Carmen E. McEwen, property owners, for the structure located at 2033 North Flower Street subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with William C. and Carmen E. McEwen, property owners, for the structure located at 2033 North Flower Street subject to non - substantive changes approved by the City Manager and City Attorney at its October 1, 2009 meeting by a vote of 5:0 (Bustamante, Gartner, O'Callaghan absent). DISCUSSION After the public hearing on October 1, 2009, 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. 2009 -05 November 2, 2009 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $58 to $289 annually, for a period of not less than ten years. Jay Trevino Executive Director Planning & Building Agency APPROVED AS TO FUNDS AND ACCOUNTS: I i Francisco Gutierrez Executive Director Finance & Management Services Agency HS:rb hs \historic info \mills act agreements \2033_N_ Flower \hppa09- 05_2033_N_Flower.cc 25G -2 REQUEST FOR Historic Resources Commission Action li �'i i� :�,•3iX?iil:. «;��r �' �i i5 +Z?'i..'� I �i � a 1 f::e� �T� l �i OCTOBER 1, 2009 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009 -05 FOR THE PROPERTY LOCATED AT 2033 NORTH FLOWER STREET Prepared by Hally Soboleske xecutive Director RECOMMENDED ACTION • - Cli - f •• . • �- APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Planning Manager Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with William C. and Carmen E. McEwen, property owners, for the structure located at 2033 North Flower Street subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, William C. and Carmen E. McEwen, request the approval of Historic Property Preservation Agreement No. 2009 -05 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Minimal Traditional styled residence located at 2033 North Flower Street and is within the Floral Park Neighborhood. Surrounding land uses are all 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 25G -3 i HPPA No. 2009 -05 October 1, 2009 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 as the Meyers -Tubbs House and was categorized as Contributive in October of 2009 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). Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b) (3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Ha ly boleske Associ to Planner HS: jm hs \historic info \mills act agreements \2033_N_Flower \hppa -09 -05 -2033 N Flower.hrc 25G -4 HPPA- 2009 -05 2033 N. Flower Street PLANNING AND BUILDING AGENCY EXHIBIT I 25G -5 2140 #3+P 21x!4 2.9" ? #?4 I## r X118 d# W a x a Im I 1920 19 -�I v� 1404 #41t 291 f 19.12 500' RADIUS HPPA- 2009 -05 2033 N. Flower Street PLANNING AND BUILDING AGENCY EXHIBIT I 25G -5 EXECUTIVE SUMMARY MEYERS -TUBBS HOUSE 2033 North Flower Street Santa Ana, CA 92706 NAME Meyers -Tubbs House REF. NO. ADDRESS 2033 North Flower 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 2132 Location: ❑ Not for Publication N Unrestricted ❑ Prehistoric N Historic ❑ Both ARCHITECTURAL STYLE: Minimal Traditional During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle -class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped -down version of the historic - eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture °a standard, low -cost, minimum house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57). Minimal Traditional homes are typically rectangular in plan and one -story in height, often with a front - gabled wing and prominent attached chimney. In contrast with the English and Tudor Revival styles the one -story version mimics, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi -light casement, double -hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes often display decorative wood shutters and porch -roof supports. 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 Meyers -Tubbs House has been listed in the California Register of Historical Resources. The Meyers -Tubbs 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 transitional period in residential architectural design occurring in the mid to late 1930s. 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 transitional period in the mid to late 1930s in the Floral Park neighborhood "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Reoister 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 25016 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary #. HRI # Trinomial_ NRHP Status Other Listings Review Code Reviewer Date rage i or 4 Kesource name(s) or number (assigned by recorder) Meyers -Tubbs House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2033 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002 - 082 -24 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Meyers -Tubbs exhibits many of the attributes that are typical of the Minimal Traditional style of architecture. Its form is horizontal, rather narrow eaves, single storied, and is capped with asphalt shingles. It has a brick chimney to the north side of the building, and is sheathed in exposed brick. The front elevation is notable for the bay window with roofed top with eight lights on each side window and twelve lights in the center fixed window. Other fenestration includes single hung six over six windows. The front entry faces to the south, so the paneled entry door is not readily visible from the street. The front porch overhang is supported with a single 4x4 wood column. Mature landscaping adds to the home's appearance. *P3b. Resource Attributes: (list attributes and codes) HP2. Single- family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P51b. Photo: (view and date) East facing elevation September 2009 *P6. Date Constructed /Age and Sources: ■historic 19351City of Santa Ana Building Permits *P7. Owner and Address: William c. and Carmen E. McEwen 2033 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: Hally Soboleske 20 Civic Center Plazas Santa Ana, CA 92702 *P9. Date Recorded: September 14, 2009 *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 Page 2 of 5 25G -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 B1. B2. B3. *135. *136. Resource name or w Meyers- I uDDS House Historic Name: Meyers -Tubbs House Common Name: Same Original Use: Single - family Residence Architectural Style: Minimal Traditional B4. Present Use: Single - family Residence Construction History: (Construction date, alterations, and date of alterations): Constructed 1935 November 26, 1935. Residence and garage – W.H. Meyers $5,500. March 28, 1941. Alterations to porch. $213.00. January 2, 1963. Water heater. July 23, 1970. Heater, compressor by L. Schmetzer. Electrical, one outlet and meter. June24, 1971. Water heater. May 14, 1976. Water heater for Tubbs. May 16, 1976. Released gas service. May 17, 1979. Gas service for Tuffs. *B7. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: J. Ogden Markel *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single- family Residence Applicable Criteria: CR: 2D2 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Myers -Tubbs House is architecturally significant as an intact example of Minimal Traditional style of architecture in Floral Park. According to the original building permit, the residence and garage were constructed as a speculative venture for J. Ogden Markel, notable local builder, for a cost of $5, 500. Mr. Markel was also a local councilman, and was well known in the community and region. The first occupant was W. H. Meyers. The home was next owned by Mabel Louise Tubbs. Her father, Volney Tubbs, served on the Board of Directors of the Santiago Orange Association and was also chairman of the Board of Exemption during World War 1. Mabel was an avid photographer, and donated much of her work to the University of California, Irvine. The collection includes photographs of President Benjamin Harrison's whistle -stop tour through Santa Ana in 1891 and three Southern California coastal missions: San Juan Capistrano, San Luis Rey, and Santa Barbara. (See Continuation Sheet 3 of 4.) 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 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 4.) B13. Remarks: *1314. Evaluator: Hally Soboleske *Date of Evaluation: September 14, 2009 Page 3 of 5 25G -8 Sketch Map C3 I -- it 4ower St. S_2O3 J y p, T 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) Meyers -Tubbs House *Recorded by Hally Soboleske DPR 5238 (1195) *1310. Significance (continued): *Date September 14, 2009 I] Continuation ❑ Update *Required information 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 on 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 Meyers -Tubbs House is located in Floral Paris, 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 Paris subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Paris 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 El Toro Marine Base during World War 11, 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 Parts. 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 Paris 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 Meyers -Tubbs House lies in the northem section of Floral Park historically known as North Broadway Parts. 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 vemacular adaptations of period revival styles, curvilinear street pattems, 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."' The Meyers -Tubbs House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Minimal Traditional architectural style. Typical features illustrated by the house include its rectilinear massing and configuration; asphalt shingling, and chimney. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and is a good example of period architecture. " Character - defining exterior features of the Meyers -Tubbs House that should be preserved include, but may not be limited to, materials and finishes (exposed brick); roof configuration and detailing; original windows and doors where extant. (This space reserved for official comments.) 1 Determination of Eligibility, February 25, 1980. DPR 523L Page 4 of 5 25G -9 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) Meyers -Tubbs House "Recorded by Hally Soboleske *Date September 14, 2009 El Continuation ❑ Update 1312. 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 Paris 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. 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.-IAvww.floral-,park.comlpage2.htm 5 of 5 DPR523L 25G_1 0 MILLS ACT AGREEMENT 2033 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 November 2, 2009 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 William C. and Carmen E. McEwen, (hereinafter referred to as "Owner "), owner of real property located at 2033 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 Owner 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 possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2033 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. -I - E� 111 MILLS ACT AGREEMENT 2033 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 November 2, 2009, 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 2033 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 of character - 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 agree 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 2033 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 have 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 have 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 may be 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- 25G-14 MILLS ACT AGREEMENT 2033 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 subject the Historic Property, located at 2033 North Flower Street, Assessor Parcel Number, 002 - 082 -24, 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' 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: William C. and Carmen E. McEwen 2033 North Flower Street Santa Ana, CA 92706 -5- 25G-15 MILLS ACT AGREEMENT 2033 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' 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 2033 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: MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Benjamin Kaufman Chief Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager LIN C -7- 25G-17 William C. McEwen Carmen E. McEwen MILLS ACT AGREEMENT 2033 North Flower Street Santa Ana, CA 92706 Exhibit A Lot 10, except the North 33 feet thereof, front and rear and all of Lot 9 and the North 2 feet, front and rear of Lot 8 of Tract 991, in the City of Santa Ana, County of Orange, State of California, as per Map recorded in Book 32, Page 47 of Miscellaneous Maps, in the office of the County Recorder of said County. Assessor's Parcel Number: 002 - 082 -24 -8- 25G-18 MILLS ACT AGREEMENT 2033 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- 25G-19 MILLS ACT AGREEMENT 2033 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. -10- 25G-20 MILLS ACT AGREEMENT 2033 North Flower Street Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25G-21 I I I I I 1 I I I I I I 2033 NORTH FLOWER STREET PHOTO LOCATION MAP DRIVEWAY FLOWER STREET 71.0 l O ' I 1 I . I I I I 155.89 I I I I I 1 NORTH -12- 25G-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009 -06 FOR THE PROPERTY LOCATED AT 2204 NORTH GREENLEAF STREET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: G,•'C• R ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Dean A. and Ruth A. Reynolds, property owners, for the structure located at 2204 North Greenleaf Street subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Dean A. and Ruth A. Reynolds, property owners, for the structure located at 2204 North Greenleaf Street subject to non - substantive changes approved by the City Manager and City Attorney at its October 1, 2009 meeting by a vote of 5:0 (Bustamante, Gartner, O'Callaghan absent). DISCUSSION After the public hearing on October 1, 2009, 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. 2009 -06 November 2, 2009 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $86 to $428 annually, for a period of not less than ten years. Jay M,,JTrevino Executive Director Planning & Building Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency HS:rb hs \historic info \mills act agreements \2204_N_ Greenleaf \hppa09- 06_2204_N_Greenleaf.cc 25H -2 REQUEST FOR Historic Resources Commission Action OCTOBER 1, 2009 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2009 -06 FOR THE PROPERTY LOCATED AT 2204 NORTH GREENLEAF STREET Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO 1l,Gtcstit Planning Manager Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Dean A. and Ruth A. Reynolds, property owners, for the structure located at 2204 North Greenleaf Street subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Dean A. and Ruth A. Reynolds, request the approval of Historic Property Preservation Agreement No. 2009 -06 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Colonial Revival styled residence and garage located at 2204 North Greenleaf 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 25H -3 HPPA No. 2009 -06 October 1, 2009 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 as the Alice Peterson House and categorized as Contributive in October of 2009 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). Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b) (3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. a Hally So oleske Serg o Kl ICP Associate Planner Prin i al an er HS:jm hs \historic info \mills act agreements \2204_N_Greenleaf \hppa -09 -06 -2204 N Greenleaf.hrc 25H -4 H P PA- 2009 -06 2204 North Greenleaf Street PLANNING AND BUILDING AGENCY RqBg I 1 BRAle 19 IL 3920 � M � � • ` 1'91 315 317 !Yfj 231 2321 231 305 2310 2300 3111 .� h 2232 N a0 f N r 1'21 221 F pw„ � 1 1 12 217 2121 2115 12 117 2111 I— a ,1111 107 20" ?102 03 u 9n.� ?s i/Wi 5 2i1�2 wo 500' RADIUS H P PA- 2009 -06 2204 North Greenleaf Street PLANNING AND BUILDING AGENCY RqBg I EXECUTIVE SUMMARY ALICE PETERSON HOUSE 2204 North Greenleaf Street Santa Ana, CA 92706 NAME Alice Peterson House REF. NO. ADDRESS 2204 N. Greenleaf Street CITY Santa Ana ZIP 1 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 5S1 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 Alice Peterson Smith 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 intact example of the combination 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.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 5 25H -6 State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary HRI # Trinomial_ NRHP Status Reviewer Page 1 of 4 Resource name(s) or number (assigned by recorder) Alice Peterson House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2204 North Greenleaf Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002 - 081 -07 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This residence is sheathed in a light dash finish stucco, and a cross gabled low pitched roof clad in asphalt shingles. This two story structure has a side main entry and a strong asymmetrical design. Although originally two storied, the front facing second story patio deck was constructed in 1974, but significantly adds to the structure's architectural appeal. Windows on the second story include three -light casement windows with wood shutters. The front facing gable has a large tripartite window with a nonoriginal awning capping it. Vertical wood trim decorate the gable end just to the bottom of the narrow eaves. The property includes a Hollywood drive with grass strip in the center, as well as the original detached garage toward the rear of the property. Lush landscaping improves the property. *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 ") None. P5b. Photo: (view and date) East elevation August 2009 *P6. Date Constructed /Age and Sources: ■historic 19351City of Santa Ana Building Permits *P7. Owner and Address: Dean A. and Ruth A. Reynolds 2204 N. Greenleaf Street Santa Ana, CA 92706 *P8. Recorded by: Hally Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: August 22, 2009 *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) Page 2 of 5 25H -7 *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 #: Alice Peterson House B1. Historic Name: Alice Peterson House B2. Common Name: Same B3. Original Use: Single- family Residence B4. Present Use: Single - family Residence *135. Architectural Style: Colonial Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1935 August 23, 1935. Residence and garage $7,000. April 12, 1945. 1 fixture for A. Peterson by Pacific Plumbing $80. April 1, 1974. Electrical and patio deck (open) for Lary Clark $4,700. February 28, 1985. Reroof. *137. Moved? ■No ❑Yes ❑Unknown Date: *138. Related Features: None. B9a. Architect: Unknown Original Location: 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: Z, CR: 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Alice Peterson House is architecturally significant as a Colonial Revival style. It was built for Alice Peterson, a local proprietor who ran a store located at 215 West Fourth Street called, "Peterson's Shoes" It was unusual for a woman to own and operate a local business during this time period, and it was a popular shoe store of the period. Alice Peterson never married, and sold the store to Roy and Melda Kent in the early 1940's. Alice Peterson died in 1946 and was interred at Fairhaven Memorial. The home was purchased b y William and Betty Seliger in 1948. Mr. Seliger was an office worker for B.F. Goodrich. In 1954, he was promoted to District Manager of the tire chain. They lived in the home until the late 1950's, after which time the house changed owners several times. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *1314. Evaluator: Hally Soboleske *Date of Evaluation: August 22, 2009 (This space reserved for official comments.) 2204 N. Greenleaf St. 002 - 081 -07 Sketch Map DPR 523B (1/95) Page 3 of 5 *Required information 25H -8 ® Q f O O � a n DPR 523B (1/95) Page 3 of 5 *Required information 25H -8 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) Alice Peterson House *Recorded by Hally Soboleske *Date August 22, 2009 O Continuation ❑ Update *1310. 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 Alice Peterson 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 El Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War 11 years, Floral Park continued its development as numerous smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Alice Peterson 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 intact example of the Colonial Revival style in the Floral Park neighborhood, is a good example of period architecture", as well as its association with local businesswoman, Alice Peterson of Peterson's Shoes. Character - defining exterior features of the Alice Peterson House that should be preserved include, but may not be limited to, exterior materials and; roof configuration and detailing; original windows where extant; and architectural details such as wood tripartite and casement windows, bay projections, and second story patio. Page 4of5 DPR 523L 25H-9 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) Alice Peterson House *Recorded by Hally Soboleske *Date August 22, 2009 O Continuation ❑ Update 1312. 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. Pleasants, Mrs. J. E. History of Orange County, California, volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. 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." htto./ /www.tloral- park.com/page2.html. "Noted Nursery Operator Dies," Santa Ana Register. August 28, 1957. Santa Ana and Orange County Directories, 1937 -1978. Page 5 of 5 DPR523L 25H -10 MILLS ACT AGREEMENT 2204 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 November 2, 2009 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 Dean A. and Ruth A. Reynolds, (hereinafter referred to as "Owner "), owners of real property located at 2204 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 Owner 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 possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2204 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- E2'-11 MILLS ACT AGREEMENT 2204 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 November 2, 2009, 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 2204 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 of character - 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 agree 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 2204 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 have 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 have 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 may be 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- 25H-14 MILLS ACT AGREEMENT 2204 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 subject the Historic Property, located at 2204 North Greenleaf Street, Assessor Parcel Number, 002 - 081 -07, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner' 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: Dean A. and Ruth A. Reynolds 2204 North Greenleaf Street Santa Ana, CA 92706 -5- 25H-15 MILLS ACT AGREEMENT 2204 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' 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. C. 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 2204 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: MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Benjamin Kaufman Chief Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager -7- 25H-17 Dean A. Reynolds Ruth A. Reynolds MILLS ACT AGREEMENT 2204 North Greenleaf Street Santa Ana, CA 92706 Exhibit A Lot 6 of Tract No. 879 in the City of Santa Ana, in the County of Orange, State of California, according to the Map thereof Book 26, Page 33 filed in the Office of the County Recorder of Orange County. Assessor's Parcel Number: 002 - 081 -07 -8- 25H-18 MILLS ACT AGREEMENT 2204 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- 25H-19 MILLS ACT AGREEMENT 2204 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. -10- 25H-20 MILLS ACT AGREEMENT 2204 North Greenleaf Street Santa Ana. CA 92706 -11- 25H-21 2127 NORTH GREENLEAF STREET PHOTO LOCATION MAP GREENLEAF 50.0 ■ I 1 I I I I I I I I I 145.0 I • I I I 1 I I I I I 1 I NORTH -12- 25H-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: AGREEMENT FOR BIG BROTHERS BIG SISTERS OF ORANGE COUNTY CITY MANAGER RECOMMENDED ACTION �docation tar 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 Big Brothers Big Sisters of Orange County, a non - profit organization, for the development of a school based mentoring program at Carr Intermediate School. The amount is not to exceed $48,000. DISCUSSION The City, in collaboration with various governmental, educational, and community based partners, has received California Gang Reduction, Intervention and Prevention (Ca1GRIP) grant funds to be used to reduce gang and youth violence. Big Brothers Big Sisters of Orange County has partnered with Santa Ana Police Department's Athletic and Activities League to establish a mentoring program at Carr Intermediate School. Currently there is an existing program at Lincoln elementary school and this agreement will allow the mentoring to continue with the identified students through their tenure at Carr Intermediate. The Big Brothers Big Sisters mentoring program pairs a qualified mentor with a student who may be experiencing behavioral, disciplinary, or educational difficulties. The goal of the program is to provide a positive role model for the student and to encourage appropriate behaviors. 251 -1 Big Brother & Sister Agreement November 2, 2009 Page 2 FISCAL IMPACT Funds are available in the Police Department's Ca1GRIP grant fund (account no. 15514412- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters Francisco Gutierrez Chief of Police Executive Director Police Department Finance & Mgmt. Services Agenc 251 -2 AGREEMENT FOR THE PROVISION OF SERVICES IMPLEMENTING CALIFORNIA GANG REDUCTION, INTERVENTION AND PREVENTION (CALGRIP) GRANT REQUIREMENTS THIS AGREEMENT, made and entered into this day of , 2009 by and between Big Brothers Big Sisters of Orange County, a non - profit corporation, (hereinafter `EBBS "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RFC1TAi,S A. The City, in collaboration with various governmental, educational and community based partners, has received California Gang Reduction, Intervention, and Prevention ( "CaIGRIP ") grant funds, for use in combating gang and youth violence; and B. The City desires to enter this Agreement with BBBS for the expenditure of CaIGRIP funds implement and support a Big Brothers Big Sisters School based program in Santa Ana; and C. BBBS represents that it is willing to provide such services to the City, and will comply with the Ca1GRIP's Regulations. D. In undertaking the performance of this Agreement, BBBS represents that it is knowledgeable in its field and that any services performed by BBBS under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES BBBS shall develop, implement and manage a Big Brothers Big Sisters School based program at Carr Intermediary School in Santa Ana, as set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and BBBS agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $48,000 during the term of this Agreement. 251 -3 b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on March 31, 2011, unless terminated earlier in accordance with Section 12, below. However, services provided in implementing the Big Brothers Big Sister program shall be complete by December 31, 2010. The term of this Agreement may be extended upon a writing executed by the Chief of Police and the City Attorney. 4. INDEPENDENT CONTRACTOR BBBS shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which BBBS performs the services which are the subject matter of this Agreement; however, the services to be provided by BBBS shall be provided in a manner consistent with all applicable standards and regulations governing such services. BBBS shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, BBBS shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 251 -4 c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, BBBS, if BBBS has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, BBBS agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by BBBS pursuant to this section: (i) BBBS shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If BBBS fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect BBBS's right to be paid for its time and materials expended prior to notification of termination. BBBS waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION BBBS agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims (1) for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the BBBS or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The BBBS further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 251 -5 7. BBBS'S CERTIFICATIONS A. No Conflict. To the best of BBBS's knowledge, BBBS's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which BBBS is a party or by which it is bound. B. No Pending Legal Proceedings/Debarment. BBBS is not the subject of a current or threatened litigation that would or may materially affect BBBS's performance under this Agreement. BBBS further acknowledges that it is not on the list of debarred contractors. C. No Pending Investigation. BBBS is not aware that it is the subject of any current or threatened criminal or civil action or investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to or affect performance of the Agreement or provision of services hereunder. D. Licensing. BBBS agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. BBBS shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing BBBS's operations hereunder. E. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by BBBS and all documents related to this Agreement shall be maintained and kept available at BBBS's office or place of business for the duration of the Agreement and thereafter for four (4) years after completion of services provided hereunder. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event BBBS does not make the above - referenced documents available within the city of Santa Ana, California, BBBS agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. F. Confidentiality. Without prejudice to any other provisions of this Agreement, BBBS shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, BBBS shall submit to City or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by BBBS, costs incurred and services rendered hereunder. G. Lobbying. BBBS certifies that it will comply with federal law (32 U.S.C. 1352) and regulations found at 28 CFR Part 69. H. Financial Interest. BBBS agrees that except for the use of funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to activities assisted under the terms of this Agreement, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a City- assisted activity of BBBS, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of City, or of any designated public agencies, or the BBBS. 4 251 -6 I. Nondiscrimination. BBBS agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds received pursuant to this Agreement. BBBS affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 8. ASSIGNABILITY None of the duties of, or work to be performed by, BBBS under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. BBBS must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of BBBS pursuant to this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Santa Ana Police Department SAPAAL Program 60 Civic Center Plaza Santa Ana, California 92702 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To BBBS: Big Brothers Big Sisters of Orange County 14131 Yorba Santa Ana, California 92780 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes 5 251 -7 of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. TERMINATION A. This Agreement may be terminated on thirty (3 0) days' written notice by either party. In the event of such termination, BBBS shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. In the event BBBS defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to BBBS, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. 11. VENUE /JURISDICTION This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 12. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 13. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 6 251 -8 c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR City Clerk APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney 251 -9 CITY OF SANTA ANA DAVID N. REAM City Manager BIG BROTHERS BIG SISTERS OF ORANGE COUNTY GUS VALDESPINO CEO Tax ID: EXHIBIT A OPERATIONAL AGREEMENT Big Brothers Big Sisters of Orange County, a Blue Print Model Program, has agreed to a partnership with the SAPAAL program. This organization's mission is to help children reach their potential through professionally supported one -to -one mentoring relationships that have a measurable impact. Currently, Big Brothers Big Sisters has established programs in Diamond Elementary School (target area school) and three other elementary schools in Santa Ana. The goal, with grant funding, is to establish a new program at Carr Intermediate School. This would allow graduating students from Diamond to continue with the program at Carr Intermediate. The target population would be well served by this partnership. The Big Brothers Big Sisters program has been proven to be successful in increasing academic performance, self- confidence, decision making skills, trust towards others, and other indicators critical to life -long success. 8 251 -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: AGREEMENT FOR ORANGE COUNTY CHILDRENS THERAPEUTIC ARTS CENTER CITY MAN AG R RECOMMENDED ACTION education Isr 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 Direct the City Attorney to prepare and authorize Clerk of the Council to execute an agreement Children's Therapeutic Arts Center ("OCCTAC "), a to support a Learning Center and Arts & Literacy Police Athletic and Activities Center ( SAPAAL) exceed $39,000. DISCUSSION the City Manager and the with the Orange County non - profit organization, program at the Santa Ana The amount is not to The City, in collaboration with various governmental, educational, and community based partners, has received California Gang Reduction, Intervention and Prevention (CalGRIP) grant funds to be used to reduce gang and youth violence. OCCTAC in partnership with SAPAAL has established a tutoring program for children who are two grade levels below their peers and an Arts & Literacy program for special education students. The programs are taught by California State Credentialed teachers. The goals of the programs are to ensure the children become successful in school, develop self - confidence, and self- worth. This in turn increases the likelihood that these children will avoid criminal activity. FISCAL IMPACT Funds are available in the Police Department's CalGRIP grant fund (account no. 15514412- 62300). 065��L � � Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director 25J- inance & Mgmt . Services Agency1il 25J -2 AGREEMENT FOR THE PROVISION OF SERVICES IMPLEMENTING CALIFORNIA GANG REDUCTION, INTERVENTION AND PREVENTION (CALGRIP) GRANT REQUIREMENTS THIS AGREEMENT, made and entered into this day of , 2009 by and between Orange County Children's Therapeutic Arts Center, a non - profit corporation, (hereinafter "OCCTAC "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. The City, in collaboration with various governmental, educational and community based partners, has received California Gang Reduction, Intervention, and Prevention ( "CaIGRIP ") grant funds, for use in combating gang and youth violence; and B. The City desires to enter this Agreement with OCCTAC for the expenditure of Ca1GRIP funds implement and support a Learning Center and Arts & Literacy program in Santa Ana; and C. OCCTAC represents that it is willing to provide such services to the City, and will comply with the Ca1GRIP's Regulations. D. In undertaking the performance of this Agreement, OCCTAC represents that it is knowledgeable in its field and that any services performed by OCCTAC under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES OCCTAC shall provide one credentialed teacher for the Learning Center and both a dance and a music instructor for the Arts & Literacy program, as set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and OCCTAC agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $39,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 25J -3 Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on March 31, 2011, unless terminated earlier in accordance with Section 12, below. However, services provided in implementing the program shall be complete by December 31, 2010. The term of this Agreement may be extended upon a writing executed by the Chief of Police and the City Attorney. 4. INDEPENDENT CONTRACTOR OCCTAC shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which OCCTAC performs the services which are the subject matter of this Agreement; however, the services to be provided by OCCTAC shall be provided in a manner consistent with all applicable standards and regulations governing such services. OCCTAC shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, OCCTAC shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 25J -4 c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, OCCTAC, if OCCTAC has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, OCCTAC agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by OCCTAC pursuant to this section: (i) OCCTAC shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If OCCTAC fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect OCCTAC's right to be paid for its time and materials expended prior to notification of termination. OCCTAC waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION OCCTAC agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims (1) for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the OCCTAC or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The OCCTAC further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this 25J -5 Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. OCCTAC'S CERTIFICATIONS A. No Conflict. To the best of OCCTAC's knowledge, OCCTAC's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which OCCTAC is a party or by which it is bound. B. No Pending Legal Proceedings/Debarment. OCCTAC is not the subject of a current or threatened litigation that would or may materially affect OCCTAC's performance under this Agreement. OCCTAC further acknowledges that it is not on the list of debarred contractors. C. No Pending Investigation. OCCTAC is not aware that it is the subject of any current or threatened criminal or civil action or investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to or affect performance of the Agreement or provision of services hereunder. D. Licensing. OCCTAC agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. OCCTAC shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing OCCTAC's operations hereunder. E. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by OCCTAC and all documents related to this Agreement shall be maintained and kept available at OCCTAC's office or place of business for the duration of the Agreement and thereafter for four (4) years after completion of services provided hereunder. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event OCCTAC does not make the above - referenced documents available within the city of Santa Ana, California, OCCTAC agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. F. Confidentiality. Without prejudice to any other provisions of this Agreement, OCCTAC shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, OCCTAC shall submit to City or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by OCCTAC, costs incurred and services rendered hereunder. G. Lobbying. OCCTAC certifies that it will comply with federal law (32 U.S.C. 1352) and regulations found at 28 CFR Part 69. H. Financial Interest. OCCTAC agrees that except for the use of funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to activities assisted under the terms of this 25J -6 Agreement, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a City- assisted activity of OCCTAC, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of City, or of any designated public agencies, or the OCCTAC. I. Nondiscrimination. OCCTAC agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds received pursuant to this Agreement. OCCTAC affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 8. ASSIGNABILITY None of the duties of, or work to be performed by, OCCTAC under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. OCCTAC must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of OCCTAC pursuant to this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Santa Ana Police Department SAPAAL Program 60 Civic Center Plaza Santa Ana, California 92702 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To OCCTAC: Orange County Children's Therapeutic Arts Center 2215 N. Broadway Santa Ana, California 92701 telefacsimile 714 -547 -5468 25J -7 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, OCCTAC shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. In the event OCCTAC defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to OCCTAC, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. 11. VENUE /JURISDICTION This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 12. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. "ff ee] 13. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR City Clerk APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney 25J -9 CITY OF SANTA ANA DAVID N. REAM City Manager OC CHILDREN'S THERAPEUTIC ARTS CENTER Dr. Ana Jimenex -Hami Founder — Executive Director Tax ID: EXHIBIT A OPERATIONAL AGREEMENT SAPAAL, working cooperatively with Jackson Elementary School and the Orange County Children's Therapeutic Arts Center has developed and implemented the "Learning Academy." Administrators from Jackson Elementary identify 20 students who are at least 2 grade levels below their classmates. At the Learning Academy, housed at the SAPAAL Center, these students will receive tutoring from a state credentialed teacher and licensed aide two times a week for one hour a day. This program will allow more at -risk youths to be identified and admitted into the program. The Orange County Children's Therapeutic Arts Center will also provide dance lessons, music lessons, and an Arts and Literacy program specifically for special education students. All of these programs will be presented at the SAPAAL Center. 25J -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: AGREEMENT FOR HAZARDOUS MATERIAL EMERGENCY RESPONSE SERVICES 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 Authorize the City Manager and the Clerk of the Council to execute the attached second amendment to agreement with Allied International Emergency, LLC., to increase the compensation by an amount not to exceed $60,000, subject to non - substantive changes approved by the City Manager and City Attorney, for hazardous materials emergency response services for the City of Santa Ana. DISCUSSION In July, 2007, the City of Santa Ana began using Allied International Emergency for hazardous materials emergency response services for oil spills and hazardous materials cleanup. These services are used by various City Agencies, including the Police Department and Fire Department. At the July 7, 2008 meeting the City Council approved the first amendment to this agreement to extend these services for an additional year. The City is currently in the process of selecting a new vendor to provide these services. During this interim time, Allied International Emergency will continue providing uninterrupted cleanup service to the City. The amendment will increase the original agreement by $60,000 to allow for payment of current and outstanding invoices. 25K -1 Agreement for Hazardous Material Emergency Response Services November 2, 2009 Paqe 2 FISCAL IMPACT Funds are available in the Police and Fire Department, Other Contractual Services account (account no. 01114420 -62300 and 01115330- 62300). (� �L �" Paul M. Walters Chief of Police Police Department ALA C2 - Marc E. Martin Fire Chief Fire Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25K -2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT, is entered into on 2009. by and between Allied International Emergence. LLC. a (hereinafter "Consultant') and the City of Santa Ana, a charter cite and municipal corporation of the State of California (hereinafter RECITALS: A. Cite and AllCorp Partners Acquisition d bia AMX Environmental Evolution, Ltd., a Texas Limited Partnership (hereinafter "AMX ") entered into Agreement N- 2007 -085, dated Julv 1, 2007, (hereinafter "said Agreement') be which AMX provided and performed hazardous materials emergency response and remediation services. 13. B} a First Amendment to Agreement A -2008 -181, dated July 7, 2008. City and AMX agreed to increase the amount of compensation available for services provided pursuant to said Agreement to an amount not to exceed $60,000.00. C. Bv an assignment and Assumption Agreement A- 2008 - 181 -01, dated August 4, 2008, AMX assigned all rights, title. and interest in and to said Agreement to Consultant, and further delegated to Consultant all its duties and obligations of performance of said Agreement, and Consultant accepted the assignment and agreed to assume and perform all AMX's duties and obligations under said agreement. D. In accordance with the terms and conditions of said Agreement. City and Consultant (hereinafter "the parties") wish to add compensation to allow for uninterrupted services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second .-amendment to Agreement. the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase the compensation by an amount of $60.000.00, for a total not to exceed amount of $120,000.00, during the term of said Agreement. 2. Except as hereinaboye amended, all terms and conditions of said Agreement shall remain in full tierce and effect. 25K -3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER Cite Attorney By: TERESA L. JUDD Deputy City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager ALLIED INTERNATIONAL EMERGENCY, LLC (NAME) (TITLE) 25K -4 Materials to follow. 25K -1 25K -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: AMENDMENT TO SOFTWARE MAINTENANCE AGREEMENT WITH BENTLEY SYSTEMS, INC. 'fit, �✓ *�` CITY MANAGER RECOMMENDED ACTION Authorize the City Manager attached third amendment to software maintenance and engineering software used i exceed $39,900 per year. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED El As Recommended El As Amended E] Ordinance on 1" Reading El Ordinance on 2nd Reading El Implementing Resolution El Set Public Hearing For_ CONTINUED TO FILE NUMBER and the Clerk of the Council to execute the the agreement with Bentley Systems, Inc. for technical support for the specialized n the Public Works Agency in an amount not to The Public Works Agency utilizes a number of specialized engineering software products for its computer design services and for accessing data on the Geographic Information System. Bentley Systems, Inc. owns and maintains this software. A software maintenance agreement is needed to ensure that the City receives software upgrades, phone and on -line support. The City executed an agreement in 2005 established by the California Department of General Services through a California Multiple Awards Schedule for software maintenance and technical support. This amendment will extend that agreement for a period of two years - -from December 1, 2009 through November 30, 2011- -for an amount not to exceed $39,900 per year. FISCAL IMPACT The annual cost of the maintenance agreement is estimated to be $39,900. Funds are budgeted in the current fiscal year for this agreement in the Public Works Administration account for other contractual services (account no. 10117601- 62300). Funds for the second year of the amendment will be included in the FY 10 -11 budget. APPROVED AS TO FUNDS AND ACCOUNTS: George A arez Francisco Gutierrez Acting Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25L -1 Amendment No. 3 to Bentley SELECT Program Agreement No. 10362400 This Amendment ( "Amendment ") dated November 2, 2009, by and between Bentley Systems, Incorporated, a Delaware corporation, with principal offices at 685 Stockton Drive, Eaton, PA 19341 ( "Bentley "), and the City of Santa Ana, a charter city and municipal corporation, having its principal office at 20 Civic Center Plaza, Suite M -21, Santa Ana, CA 92702 ( "Subscriber "). WHEREAS, Bentley and Subscriber entered into Agreement N- 2008 -010, dated January 25, 2008 (hereinafter "said Agreement "), by which Bentley has provided software licensing and support for Subscriber. Bentley and Subscriber wish to extend the term of said Agreement to allow Subscriber to continue to utilize the Subscription Licenses, and purchase an additional license, upon the terms and conditions set forth in said Agreement, as amended by Amendment No. 1 to said Agreement. This Amendment shall be effective on the date first set forth above. NOW THEREFORE, the parties hereby agree as follows: 1. Upon execution of this Amendment No.3, by both parties, and Subscriber's payment of annual license fees in the amount of $35,253.41, plus tax, the following licenses will be renewed and/or activated for a one -year term, from December 1, 2009 through November 30, 2010. The total amount to be expended during the renewal term shall not exceed $39,900.00. Product Qty. Unit Price Discount Total MicroStation Select 40 $ 592.51 5% $22,515.38 Bentley InRoads Storm/ Sanitary Select 2 568.81 5% 1,080.74 Bentley InRoads Select 4 1,137.61 5% 1,322.92 Bentley InRoads Survey Select 2 284.40 5% 540.36 Bentley InRoads Survey PPA 2 713.00 2.5% 1,390.35 Bentley Water GEMS Select 1 5,686.06 5% 5,403.88 Total $35,253.41 During the extended license term, City may exchange licenses listed above, for other or additional licenses. 2. Except as herein amended, all terms and conditions of said Agreement, as amended by Amendment No. 1, shall remain in full force and effect. 25L -2 1H IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized representatives as of the date and year first written above. CITY OF SANTA ANA BENTLEY SYSTEMS, INCORPORATED DAVID N. REAM City Manager ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: GEORGE ALVAREZ Acting Director — Public Works (Name) (Title) 25L -3 25L -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: SECOND AMENDMENT TO AGREEMENT FOR SECURITY GUARD SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ► --:;W ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached second amendment to the agreement with Securitas Security Services USA, Inc. for a term of one year, in the annual amount not to exceed $ 415,410 subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION On November 20, 2006, City Council awarded Securitas Security Services USA, Inc. the contract to provide security guard services at various locations throughout the city, including the Santa Ana Regional Transportation Center, the Santa Ana Zoo at Prentice Park and the Corporate Yard. The company has provided service to protect property, provide a safe and orderly environment within City buildings and adjacent areas, and assist the public when conducting business with the City. The annual amounts for the amendment with Securitas Services USA, Inc. are stated below: The Santa Ana Regional Transportation Center $ 234,034 Santa Ana Zoo at Prentiss Park $ 13,996 Corporate Yard $ 107,380 Homeland Security Alerts $ 30,000 Contingency security coverage $ 30,000 Total Annual expenditure: $ 415,410 The amendment term will be from December 1, 2009, through November 30, 2010. 25M -1 Second Amendment Security Services November 2, 2009 Page 2 FISCAL IMPACT to Agreement for Funds are available in the various departments' Contractual Services - Professional accounts (object code 62300). George A varez Acting Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: �I � LC A A Francisco Gutierrez Executive Director Finance & Management Services Agency l/c" ,;- Gerardo Mouet Executive Direct r Parks, Recreation & Community Services Agency 25M -2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on December 1, 2009, by and between Securitas Security Services USA, Inc., a Delaware corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The City entered into Contractor Agreement # 2006 -310, dated November 20, 2006, with Contractor by which Contractor has provided security guard services at the Santa Ana Regional Transportation Center, the Santa Ana Zoo at Prentice Park and the Corporate Yard (hereinafter "said Agreement "). B. In December 2008, the parties amended the Agreement ( #2008 -336) to exercise the first one -year option to extend the Term and increase the Compensation. C. The parties hereto now desire to exercise the second one (1) year option and amend the Agreement by extending the term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement and all Amendments thereof, except those amended in this Amendment to Contractor Agreement, the parties agree as follows: Section 3, TERM, shall be amended to extend the term through November 30, 2010. 2. Compensation to Contractor shall remain the same as last year at $415,410.00. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25M -3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney Lisa E. Storck Assistant City Attorney 25M -4 CITY OF SANTA ANA DAVID N. REAM City Manager CONTRACTOR SECURITAS USA, INC. James Finch Area Vice President Tax ID # 71- 0912217 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: COOPERATIVE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR IMPLEMENTATION OF VIDEO SURVEILLANCE SYSTEM AT SANTA ANA REGIONAL TRANSPORTATION CENTER CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached cooperative agreement with the Orange County Transportation Authority (OCTA) to allow for the design, installation and acceptance of a video surveillance system (VSS) at the Santa Ana Regional Transportation Center (SARTC) subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On September 13, 2007 OCTA's Board of Directors approved the use of Federal Transportation Administration grant 5309 money for the purpose of funding 80 percent of the Metrolink Video Surveillance System Deployment Program. The Board also designated that the remaining 20 percent of the funding would be provided using Commuter Urban Rail Endowment funds for a total budget of $750,000. The project consists of the installation of video surveillance cameras, computers, software and improvements to related infrastructure designed to capture video of the activities of visitors to the SARTC. The video will be stored in the system for possible forensic use at a later date (Exhibit 1). The City will determine the scope and function of the proposed VSS while OCTA will provide the funding and all resources necessary for the design and construction of the project. The City will assume ownership and maintenance of the system after the project is completed. 25N -1 Cooperative Agreement with OCTA For Implementation of Video Surveillance System November 2, 2009 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There will be no fiscal impact associated with this action. Construction and administration costs will be fully paid by OCTA. APPROVED AS TO FUNDS AND ACCOUNTS: George Alvarez Francisco Gutierrez Acting Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25N -2 i v Exhibit 1 SANTA ANA Pf"�1CITY COUNCIL AGREEMENT WITH OCTA FOR AGENDA IMPLEMENTATION OF VIDEO SURVEILLANCE DATE: SYSTEM AT SANTA ANA REGIONAL PUBLIC WKS WAN[r NOVEMBER 2, 2009 TRANSPORTATION CENTER TST 25N -4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C -9 -0560 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR IMPLEMENTATION OF VIDEO SURVEILLANCE SYSTEM ( "VSS ") AT SANTA ANA REGIONAL TRANSPORTATION CENTER (SARTC) THIS AGREEMENT, is effective as of this _day of , 2009, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863 -1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY "), and the City of Santa Ana, 20 Civic Center Plaza, M -21, Santa Ana, California 92702, a municipal corporation duly organized and existing under the constitution and laws of the State of California (hereinafter referred to as "CITY "). RECITALS: WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to install a Video Surveillance System (VSS) at the Santa Ana Regional Transportation Center (SARTC), previously known as the Santa Ana Depot, at 1000 East Santa Ana Boulevard in Santa Ana, California (hereinafter referred to as "PROJECT "); and WHEREAS, On September 13, 2007 AUTHORITY's Board of Directors (BOARD) approved the use of Federal Transportation Administration (FTA) Grant Program 5309 money to fund 80% of the Metrolink Video Surveillance System Deployment Program with 20% match from the Commuter Urban Rail Endowment (CURE) money; and WHEREAS, BOARD established a combined PROJECT budget of Seven Hundred Fifty Thousand Dollars ($750,000.00) utilizing Six Hundred Thousand Dollars ($600,000.00) of FTA Page 1 of 8 25N -5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C -9 -0560 Grant Program 5309 funds and One Hundred, Fifty Thousand Dollars ($150,000.00) of CURE funds. WHEREAS, AUTHORITY will serve as the lead agency for the design and construction phase of the PROJECT; and WHEREAS, Closed Circuit Television (CCTV) cameras will be installed throughout the SARTC, and conduit and cabling from the cameras will be routed to the SARTC existing Equipment Room; and WHEREAS, this Cooperative Agreement (hereinafter referred to as "AGREEMENT ") defines the specific terms, conditions, funding, and roles and responsibilities between the AUTHORITY and CITY only as they relate to the PROJECT; and 1 2009. follows: WHEREAS, the AUTHORITY's Board of Directors approved this Agreement on September 28, NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as ARTICLE 1. COMPLETE AGREEMENT A. This Agreement, including all exhibits and documents incorporated herein and made applicable by reference, constitute the complete and exclusive statement of the term(s) and condition(s) of this Agreement between AUTHORITY and CITY and supersedes all prior representations, understandings and communications. The invalidity in whole or part of any term or condition of this Agreement shall not affect the validity of other term(s) and condition(s) of this Agreement. The above- referenced Recitals are true and correct and are incorporated by reference herein. B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any term(s) or conditions) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. 2 c wFia� 2 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C -9 -0560 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon CITY except when specifically confirmed in writing by an authorized representative of CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. ARTICLE 2. RESPONSIBILITIES OF THE CITY CITY agrees to the following additional responsibilities for PROJECT: A. Identify approvals and permits required by CITY, third party public agencies or private sector entities, including utilities; and secure such approvals and permits for construction of PROJECT at no cost to the AUTHORITY. B. Issue necessary permits for the implementation of PROJECT at no charge to I I AUTHORITY's contractor. C. Perform technical reviews, including required CITY departmental reviews and commentary, during project development and construction, including design criteria and basis -of- design documents, plans, specifications, and related construction documents, and related construction documents in a timely manner of not more then four weeks for each submittal. D. Provide AUTHORITY opportunities to review, comment on, and /or approve studies, reports, plans, specifications, third party agreements, and other documents related to PROJECT developments, which are in CITY's possession and /or which have been provided to CITY for review, to the extent that such documents or third party agreements may obligate AUTHORITY, prior to document's acceptance by CITY. E. Any betterment or enhancements outside the scope of work , if agreed to by both CITY and AUTHORITY will be paid 100% by CITY. 251'73 of 8 AGREEMENT NO. C -9 -0560 1 F. Coordinate with AUTHORITY during the procurement for design /build consultant 2 services for PROJECT, allowing for CITY support and input in the evaluation and selection of the 3 design /build contractor. 4 G. Provide, at AUTHORITY cost, plan check and inspection services during design 5 and construction of the PROJECT. 6 1H, Invoice AUTHORITY for plan check and inspection services on a monthly basis, 7 showing all appropriate documentation of CITY's time. 8 I. Upon completion of installation, inspection, and acceptance by AUTHORITY and CITY, 9 assume responsibility of the VSS for operation and maintenance. 10 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 11 AUTHORITY agrees to the following additional responsibilities for PROJECT: 12 A. Lead the implementation and procurement for design and construction services for 13 PROJECT. 14 B. Identify and secure funding sources, and administer funding during all phases of 15 PROJECT up to a maximum cumulative payment obligation amount of Seven Hundred Fifty Thousand 16 Dollars ($750,000). 17 C. Complete PROJECT per scope of work summarized in Exhibit 1 and in accordance with 18 PROJECT schedule and allocated funding, as outlined in Exhibits 2 and 3 to this Agreement. 19 D. Provide funding for design and construction phases of PROJECT up to a maximum 20 cumulative payment obligation amount of Seven Hundred Fifty Thousand Dollars 750,000.00). 21 E. Provide guidance and oversight of the M1 and federal funds in compliance with Measure 22 M eligibility guidelines and Federal Transit Administration (FTA) funding requirements. 23 F. Coordinate with CITY during the procurement for design -build consultant services for 24 PROJECT, allowing for CITY support and input in the evaluation and selection of the design /build 25 contractor. 26 G. Comply with all federal and state third party contracting laws and regulations. 25 ►Race 4 of 8 AGREEMENT NO. C -9 -0560 1 H. Perform project management and project administration. 2 I. Coordinate and assist the activities 'related to the securing of approvals and permits 3 required by CITY, third party public agencies or private sector entities, including utilities for the 4 construction of PROJECT. 5 J. Coordinate facilities operations, maintenance plans, facility security plans, public safety, 6 and policing and emergency preparedness plans during project construction. 7 K. Prepare construction contract documents, award construction contract, and conduct 8 construction administration and construction management. 9 L. Remit to CITY, within thirty (30) days of receipt of an invoice with all back up 10 documentation, reimbursement of plan check and inspection services, during PROJECT. 11 M, Plan check and inspection services preformed by CITY and paid by 12 AUTHORITY will be a not to exceed amount of ten (10 %) percent of construction costs and will 13 be included in the maximum cumulative payment obligation amount of Seven Hundred Fifty 14 Thousand Dollars ($750,000). 15 N. Perform PROJECT closeout activities, including walk- through, punch list, as -built 16 records, final payment accounting, etc. 17 ARTICLE 4. IT IS MUTUALLY UNDERSTOOD AND AGREED 18 All parties agree to the following mutual responsibilities: 19 A. This Agreement shall continue in full force and effect through March 31, 2011. 20 B. This Agreement may be amended in writing at any time by the mutual consent of both 21 parties. No amendment shall have any force or effect unless executed in writing by both parties. 22 C. AUTHORITY and CITY will jointly participate in progress, coordination and additional 23 team meetings as needed to implement the PROJECT. 24 D. The persons executing this Agreement on behalf of the parties hereto warrant that they 25 are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this 26 Agreement, the parties hereto are formally bound to the provisions of this Agreement. 2 5 �gU5 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C -9 -0560 E. All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered, or certified mail and addressed as follows: To CITY: To AUTHORITY: City of Santa Ana Orange County Transportation Authority 20 Civic Center Plaza, M -21 550 South Main Street Santa Ana, CA 92702 P. O. Box 14184 Orange, CA 92863 -1584 Attention: Ms. Souri Amirani Attention: John Mathis, Senior Contract Deputy City Engineer Administrator Department of Public Works CC: Darrell Johnson Executive Director, Rail Programs ele 714/647 -5640; Tele 714/560 -5478; Fax 714/562 -5792 Public Works Information: (714) 647 -5690 email: samirani @ santa - ana.org mail: Jmathis @octa.net F. The headings of all sections of this Agreement are inserted solely for the convenience of reference and are not part of and not intended to govern, limit, or aid in the construction or interpretation of any terms or provision thereof. G. The provision of this Agreement shall bind and inure to the benefit of each of the parties hereto and all successors or assigns of the parties hereto. If any term, provision, covenant, or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder to this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 2 5 Migq tpf 8 1 2 3 4 5 6 7 8 9, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C -9 -0560 H. This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. I. Neither this Agreement, nor any of a Party's rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. J. Either party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood, acts of God, commandeering of material, products, plants or facilities by the federal, state or local government, national fuel shortage, or a material act or omission by the other party, when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing. 2 c IT-M 101 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C -9 -0560 This AGREEMENT shall be effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -9 -0560 to be executed on the date first above written. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: By: David N. Ream City Manager ATTEST: By: Maria D. Huizar City Clerk APPROVED AS TO FORM: RM Joseph Fletcher City Attorney Dated: Will Kempton Chief Executive Officer APPROVED AS TO FORM: By: i General Counsel APPROVAL RECOMMENDED: Darrell Johnson, Executive Director Rail Programs Dated: I,� 1 f8 COOPERATIVE AGREEMENT NO. C -9 -0560 Exhibit 1: Scope of Work Summary The Orange County Transportation Authority (OCTA) will be installing a Video Surveillance System (VSS) at the Santa Ana Regional Transportation Center (SARTC), located at 1000 East Santa Ana Boulevard, Santa Ana, CA 92701. The nearest cross street/intersection to the property is North Santiago Avenue and East Santa Ana Boulevard, which is west of Interstate 5, also known as the Santa Ana Freeway. The site contains two pedestrian bridges, lighted surface parking lots, a combined lighted three -level covered parking garage, several stair wells and elevators, three story 47,000 sq ft station building, station platforms, several covered veranda areas on the exterior of the main building and two bus depot areas. The VSS will provide cameras throughout the facility to provide video coverage of critical areas as deemed necessary by the City of Santa Ana and the Santa Ana Police Department. The cameras will connect to a recording devise in an existing equipment room for storage and retrieval purposes. After installation is completed, inspected, and accepted by OCTA and the City of Santa Ana, the VSS will be turned over to the City for operation and maintenance. Inspection and plan check fees due to the City for this project will be paid by the contractor and funded by OCTA. 25N -13 COOPERATIVE AGREEMENT NO. C -9 -0560 Exhibit 2: Approved Project Budget 25N -14 Fiscal Year Station /Description Amount Allocated Santa Ana VSS Commuter Urban Rail Endowment $150,000 2009/10 Federal 5309 $600,000 Various Total $750,000 25N -14 COOPERATIVE AGREEMENT NO. C -9 -0560 Exhibit 3: Approved Project Schedule Note: Deadlines are approximate and subject to change 25N -15 Final Concept of Operations Approved by OCTA and March 26, 2009 City of Santa Ana Draft Cooperative Agreement to Santa Ana for review April 9, 2009 and comment April 21, 2009 Site Visit by Technical Specialists August/September 2009 RFP Selection Process Early October 2009 Notice to Proceed for selected contractor Expected completion of construction / Final Punch February/March 2010 List Note: Deadlines are approximate and subject to change 25N -15 25N -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: CONTRACT EXTENSION FOR PARKING CONCEPTS, INC. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached contract extension with Parking Concepts, Inc. of Los Angeles in an amount not to exceed $28,800 for a one -year term, subject to non - substantive changes approved by the City Manager and City Attorney. 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 the area, as well as provide parking for the events held throughout the year. Often, the parking garages provide the first impression to those visiting Santa Ana; therefore, the appearance of the garage and customer service provided by the operators are of primary importance. On December 3, 2007, the City Council approved the award of a two -year contract for parking management services with the option to extend the term of the agreement for three additional one -year periods to Parking Concepts, Inc. Based on the overall quality and efficiency of their performance, an extension of the contract for a one -year term is recommended. The City is currently in the process of obtaining a new access and revenue control system for the parking structures. With this new equipment, Parking Concepts, Inc. is expected to be able to further improve its performance and management of the parking structures. 250 -1 Contract Extension for Parking Concepts, Inc. November 2, 2009 Page 2 FISCAL IMPACT Funds are available in the Downtown Parking Facilities Account (no. 02718861- 62300) APPROVED AS TO FUNDS AND ACCOUNTS: Cyn hia J. elson Francisco Gutierrez Deputy City Manager for Executive Director Development Services Finance & Management Services Agency Community Development Agency CJN /NTE /FH /mlr 250 -2 EXERCISE OF FIRST ONE YEAR OPTION TO NON - EXCLUSIVE OPERATING AGREEMENT FOR PUBLIC PARKING GARAGES & SURFACE LOT STAFFING AND FIELD MANAGEMENT BETWEEN THE CITY OF SANTA ANA AND PARKING CONCEPTS, INC. THIS EXERCISE OF FIRST ONE YEAR OPTION TO NON - EXCLUSIVE OPERATING AGREEMENT is entered into on , 2009, by and between Parking Concepts, Inc., a Delaware corporation ( "Operator ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The City entered into the NON - EXCLUSIVE OPERATING AGREEMENT FOR PUBLIC PARKING GARAGES & SURFACE LOT STAFFING AND FIELD MANAGEMENT BETWEENTHE CITY OF SANTA ANA AND PARKING CONCEPTS, INC. (Agreement # 2007 -253) dated December 31, 2007, with Operator by which Operator has operated and managed the City's Parking Garages and Surface Parking Lots for the past two years (hereinafter "said Agreement "). B. In accordance with the terms and conditions of said Agreement, the parties wish to exercise the first one -year option to extend the term for one (1) additional year. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, the parties agree as follows: 1. Section 3, TERM OF AGREEMENT, shall be amended by this First Option to Extend the term from January 1, 2010 through January 1, 2011. 2. Section 4, COMPENSATION, shall remain unchanged at $2,400.00 per month, with total annual compensation at $28,800.00. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. /// 250 -3 IN WITNESS WHEREOF, the parties hereto have executed this Exercise of First One Year Option on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney itz Lisa E. Storck Assistant City Attorney 250 -4 CITY OF SANTA ANA DAVID N. REAM City Manager PARKING CONCEPTS, INC. Robert Hingle Vice President Tax ID # 952909899 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: AMENDMENT TO AGREEMENT WITH THE ORANGE COUNTY HEALTH CARE AGENCY UNDER THE HOUSING OPPORTUNITY FOR PERSONS WITH AIDS(HOPWA) PROGRAM 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 Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the cooperative agreement between the City of Santa Ana and the County of Orange Health Care Agency adding an additional $262,000 for a total of $1,237,043, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 1, 2009, the City Council authorized entering into an agreement with the county of Orange Health Care Agency for supportive housing services for HIV /AIDS infected and affected individuals and families utilizing Housing Opportunities for Persons with AIDS (HOPWA) funding. The amount of the agreement was $975,043. This agreement recommendation was the result of the strategy meeting held in February 2009 to determine expenditures for the 2009 -2010 HOPWA funds. Participants at the strategy meeting included staff from the O.C. Health Care Agency, staff from the non - profit service agencies providing services to the HIV /AIDS community, and consumers of those services. At this time, the County is requesting an additional $262,000 due to the reduction in funding from the State of California for HIV /AIDS services in Orange County. The City received a letter supporting the request from the chair of the Orange County HIV Planning Council, HIV Housing Committee and HIV Client Advocacy Committee. These additional funds are available from unexpended prior year allocations that were previously budgeted for future development projects. The proposed amendment will increase the total contract to $1,237,043. Any funds unexpended by the County at the close of the program year will be de- obligated and reallocated to other eligible activities. 25P -1 Agreement Amendment to OC Health Care Agency HOPWA Program November 2, 2009 Page 2 FISCAL IMPACT Funds are available in the Federal HOPWA Program Grant (account no. 40518761- 69135). Cynthia J. N lson Deputy City Manager for Development Services Community Development Agency CJN /SLB /LF /kg APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25P -2 FIRST AMENDMENT TO COOPERATIVE AGREEMENT ..__.......... THIS FIRST AMENDMENT TO COOPERATIVE AGREEMENT is made and entered into this 1" day of December, 2009, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California, ( "City ") and the County of Orange ("County ") RECITALS: A. The City on behalf of all jurisdictions in Orange County, has been designated to receive grant funding provided by the U.S. Department of Housing and Urban Development (HUD) pursuant to the Housing Opport unities for Persons With AIDS ( HOPWA) program; and B. City has entered into a HOPWA grant agreement with HUD; and C. The City has contracted with the County since 1993 to provide supportive housing services for persons living with HIV/AIDS. During the City's last HOPWA funding cycle the City changed the contract year to coincide with the City's fiscal year and changed the agreement term to one year, with the stipulation that any unused funds be returned to the City for reallocation. D. The City and County agree to amend the Cooperative Agreement with the County dated July 1, 2009 ( "said Agreement") to include additional funds. Said Agreement stated that "the budget may be modified by mutual written agreement of the Contract Officers". WHEREFORE, in consideration of the mutual and respective covenants and promises contained in the Agreement, and subject to all the terms and conditions of the Agreement, City and the Project Sponsors agree as follows: 1. The Cooperative Agreement dated July 1, 2009, shall be amended to include in the grant amount an additional Two Hundred Sixty Two Thousand Dollars ($262,000) with $18,340 of said amount set aside for Administration Costs, so that the total maximum obligation set forth in subsection A. of section II. Budget shall. be One Million Two Hundred Thirty Seven Thousand Forty Three Dollars ($1,237,043). 2. Except as hereinabove modified, the original terms and conditions of the Agreement remain in full force and effect. 25P -3 IN WITNESS WHEREOF, City and the County have executed this First Amendment to Cooperative Agreement on the date first set forth above. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA A municipal corporation of the State of California DAVID N. REAM City Manager APPROVED AS TO FORM: COUNTY OF ORANGE JOSEPH W.FLETCHER City Attorney r By: LISA E. STORCK Chairman of the Board of Supervisors Assistant City Attorney SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA BY: DEPUTY 2 25P -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: MEMORANDUM OF UNDERSTANDING WITH THE OFFICE OF THE GOVERNOR AND ORANGE COUNTY UNITED WAY - BANK ON SANTA ANA r CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve entering into a Memorandum of Understanding with the Office of the Governor and Orange County United Way for the Bank on Santa Ana initiative. DISCUSSION In 2008, Governor Schwarzenegger launched Bank on California, a program to help Californians enter the financial mainstream. Half of all Californians do not have a savings account and one in five does not have a checking account. According to the PEW Charitable Trust, there are 23,800 households in Santa Ana that do not have a bank account with a financial institution. Bank on California is a partnership between the Office of the Governor, financial institutions, financial regulatory agencies, community organizations and Mayors. The Governor's Office and Orange County United Way (OCUW) want to bring this initiative to Santa Ana. OCUW will convene partners to focus on helping unbanked Santa Ana residents open starter bank accounts and enter the financial mainstream. Financial institutions will look at improving access to bank accounts by providing no cost or low cost banking services, accepting international identification cards and providing financial literacy courses. This will enable Santa Ana residents to begin saving, protect their money, build a credit history, gain access to lower -cost sources of credit and build wealth and assets. Bank on California programs have been successful in San Francisco, Los Angeles, San Jose, Oakland, and Fresno. A series of meetings with local partners have taken place to gauge the interest of local financial 25Q -1 MOU with the Office of the Governor and Orange County United Way November 2, 2009 Page 2 institutions and community -based organizations. Staff is recommending entering into this MOU, which has received significant support from local institutions to design a program specific to Santa Ana. The MOU (Exhibit 1) contains background information on the program and partner roles and responsibilities. FISCAL IMPACT There is no fiscal impact associated with this action. Cynthia J. N lson Deputy City Manager for Development Services Community Development Agency CJN /ln /kg 25Q -2 BANK ON CALIFORNIA /SANTA ANA MEMORANDUM OF UNDERSTANDING OFFICE OF THE GOVERNOR, CITY OF SANTA ANA, AND ORANGE COUNTY UNITED WAY July 1, 2009 – June 30, 2010 I. BACKGROUND Bank accounts are an onramp to economic mobility and affordable financial services. But millions of California working families don't have them. Bank on California is a collaborative, voluntary initiative that will bring together the Office of the Governor, local Mayors' offices, local financial institutions, local community organizations, regional United Ways, and federal and state regulatory agencies to tackle this problem head -on. Bank on California, through the Bank on Santa Ana program has a goal of assisting 6000 "unbanked" Santa Ana residents per year open starter bank accounts and enter the financial mainstream, where they can begin saving, build a credit history, gain access to lower -cost sources of credit, and invest for their future. We will also connect community residents with financial education opportunities provided by financial institutions and community groups. The initiative will build on the success of the Bank on San Francisco, Bank on California, and other similar programs in other cities. The initiative will launch in first quarter of 2010. II. OVERALL PARTNER ROLES AND RESPONSIBILITIES The Bank on California /Santa Ana coalition will include a variety of institutions and individuals who will bring their unique capacities to help local unbanked residents enter the financial mainstream. 1. Financial institutions —banks and credit unions —will: • Develop and market starter accounts with baseline criteria. • Connect customers with local financial education opportunities. • Share data on accounts opened. • Identify challenges to opening new accounts for targeted customers. 2. Bank regulatory agencies will: • Assure financial institutions that Bank on Santa Ana is in compliance with federal banking laws. • Encourage banks to meet their obligations under the Community Reinvestment Act. • Inform them they will receive positive consideration under CRA for offering low -cost bank products and services. Exhibit 1 25Q -3 3. Community institutions — including CBOs, employers, churches, schools, etc —will: • Be "trusted messengers" who can inform their clients about how and why they can open starter accounts. • Connect them with financial education opportunities. 4. Bank on Santa Ana Design Team will: • Consist of representatives from City of Santa Ana, Office of the Governor, Orange County United Way, FDIC, and chairs of the workgroups as well as any other key partners designated. • Be responsible for overall coordination of the initiative designed by the Bank on Santa Ana coalition with guidance from the Office of the Governor. • Plan program tasks and timelines for launching, operating and sustaining the initiative. • Be responsible for creating agendas, minutes and maintaining ongoing communication with members. • Review progress towards goals and make recommendations for strategies of success. • Identify resources to expand and sustain the initiative. III. SPECIFIC PARTNER ROLES 1. City of Santa Ana will: • Work collaboratively with remainder of Design Team to build the local coalitions. • Work with United Way to develop the citywide promotional campaign, launch and media strategy and work collaboratively with the Governor's Office. The campaign will draw heavily on pro bono PSA ad placement and creative media partnerships. • Undertake outreach to local community based organizations to join the coalition • Provide input on local financial education opportunities. • Provide input to select the local coordinating organization. • Provide input into materials design, content, and local website. • Help set local numeric goals. • Work collaboratively with all partners to achieve goals. • Explore with partners resources that can support Bank on Santa Ana. Exhibit 1 25Q -4 2. The Bank on Santa Ana Design Team will: • Take the lead on working with key partner institutions —local financial institution branches, community groups, employers, churches, schools —to promote how and why unbanked residents can open starter accounts and take advantage of financial education opportunities. • Ensure that coalition partners are well- educated about the program via direct trainings; train the trainer forums; or other venues which promote Bank on California /Bank on Santa Ana's mission and goals. • Build connections between local financial institution branch staff and community groups. • Assist with local coalition convenings. • Work to build and shape the coalition. • Work collaboratively with all initiative partners. • Assure that data is collected appropriately in order to monitor progress toward goals. • Assist the Chairs in coordinating the Committees. • Serve as the liaison to the CBOs. 3. The Governor's Office will: • Set statewide goals. • Explore statewide commitments from larger statewide financial institutions to support Bank on California. • Coordinate and support efforts statewide. • Ensure smooth communications and sharing of best practices /solutions to challenges across participating cities. • Promote the initiative statewide through media outreach and the Governor's communication efforts. • Aggregate statewide data from banks for local coalitions. • Partner with cities to spearhead the public awareness effort. • Work with partners to develop communications materials, advertising collateral, and a website. • The Office of the Governor, Orange County United Way and the City of Santa Ana may explore resources needed to support the initiative. 4. The FDIC will: • Support the local coalitions • Follow -up with financial institutions to secure financial institution participation in local coalitions. • Assist with planning and implementation of all convenings. • Promote the local initiatives in their work with local financial institutions. Exhibit 1 25Q -5 5. The Orange County United Way will: • Encourage their networks of community organizations to participate in Bank on California /Santa Ana (informing their constituents about how and why they can open accounts; linking them to financial education opportunities; and, providing financial education opportunities when appropriate). • Integrate Bank on California /Santa Ana into their complementary initiatives such as Earn It! Keep It! Save It!; the Financial Stability Initiative, Prosperity Hubs, etc., when appropriate. • Participate in and promote Bank on California at quarterly convenings. • Encourage the integration of 211 services as a means of disseminating information on Bank on Santa Ana. • Contract with Santa Ana based CBOs to provide training and outreach strategies to Santa Ana residents, if needed. • Be responsible for adhering to funder grant requirements and submitting grant reports as defined by funder. • Coordinate learning opportunities and communication between all Bank on California partners and coalitions. • Convene the local coalitions on a consistent basis —with support from committee chairs, partners, the FDIC, and Governor's Office. IV Marketing Materials At its discretion, the Governor's Office may provide "Bank On" marketing materials ( "Marketing Materials ") to other parties to this Agreement. These Marketing Materials may not be modified by any recipient, and no individual or entity may use, display or reproduce any Marketing Materials without the express written consent of the Governor's Office. Violators will cease the use of the Marketing Materials immediately upon communication from the Governor's Office or its agents, and will be liable for damages and /or other remedies as may be available for misuse of such materials. Exhibit 1 25Q -6 V Termination Any party may terminate its own participation in this Memorandum of Understanding upon 30 days written notice. As the lead agency on this project, the Governor's Office may terminate the participation of any other party upon 30 days notice, if said party has breached this Memorandum of Understanding. A party whose participation has terminated shall promptly return all Marketing Materials in its possession to the Governor's Office. VI Independent Status In the performance of this Memorandum of Understanding, the parties shall act in an independent capacity and not as officers or employees or agents of each other. Acceptance of Memorandum of Understanding Terms The State of California Office of the Governor Cathleen Cox, Chief Deputy Director Office of Planning and Research ATTEST: MARIA D. HUIZAR Clerk of the Council Date The City of Santa Ana Exhibit 1 25Q -7 DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Benjamin Kaufman Chief Assistant City Attorney Orange County United Way Susan Caumiant, Vice President, Community Investments & Marketing United Way of Orange County Date Exhibit 1 25Q -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: AGREEMENT WITH O'REILLY AND ASSOCIATES FOR INTEGRATED SERVICE DELIVERY MODEL AT SANTA ANA WORK CENTER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and t attached agreement with O'Reilly for a one -year term, subject to City Manager and City Attorney workforce training. DISCUSSION 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 he Clerk of the Council to execute the & Associates in the amount of $38,000 non - substantive changes approved by the for consulting services relating to A Service Integration Model is being developed in California which, once implemented, will create a new local workforce system that is skill based and gives each job seeker a common set of value added services designed to increase their employability. Since July 2008, the Santa Ana WORK Center has been one of twelve One -Stop Centers across the state who has operated as a learning lab for this new service model. While the new design has resulted in a significant increase in program enrollments, the system needs to be analyzed to identify areas of opportunity for improvement. In December 2008, staff issued a Request for Qualifications for qualified consultants to assist in process analysis and quality improvement. Four responses were received and two out of the four consultants who responded cited experience in the desired areas of expertise. After reviewing the proposals, staff recommends that a contract with O'Reilly and Associates be approved. O'Reilly and Associates will assist the WORK Center staff and its partners to apply Quality Management principles to its Integrated Service Delivery Model. 25R -1 O'Reilly and Associates Agreement November 2, 2009 Page 2 FISCAL IMPACT Funds for this contract are available in the Workforce Investment Act One Stop Program account (no. 12318751). Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency CJN /LS /CDLR /kg APPROVED AS TO FUNDS AND ACCOUNTS: s� o Francisco Gutierrez Executive Director Finance & Management Services Agency 25R -2 AGREEMENT WITH O'REILLY AND ASSOCIATES UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 2nd day of November 2009, by and between O'Reilly and Associates, hereinafter referred to as "CONSULTANT ", and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY ". W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged adults, dislocated workers and youth for entry into the labor market and to provide job training to those individuals who are economically disadvantaged or otherwise face serious barriers in obtaining productive employment. One goal of California's Workforce Investment System is to provide individuals with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONSULTANT is experienced in assisting with analysis, review and implementation of plans and policies related to the Santa Ana WORK Center's Service Integration (the "Program "). E. CONSULTANT is willing to operate said Program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. TIME PERIOD OF AGREEMENT Services under this Agreement shall commence as of November 2, 2009 and all services to be performed pursuant to this Agreement shall be completed on or before June 30, 2010. The term of this Agreement may be extended by a writing executed by the Deputy City Manager for Development Services and the City Attorney. 1 25R -3 2. INDEPENDENT CONTRACTOR CONSULTANT agrees that CONSULTANT is an independent contractor and not an employee of CITY and all of CONSULTANT'S personnel shall be employees of CONSULTANT and not employees of the CITY. CONSULTANT shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and wages, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. CONSULTANT shall not subcontract any of the services required hereunder without the prior written approval of the CITY. 3. SCOPE OF SERVICES Consultant shall review the City of Santa Ana WORK Center's Service Integration Plan, measures and policies, facilitate a meeting with WORK Center management, create a powerpoint presentation and Action Plan, as well as assisting with challenges and opportunities in this area, as set forth in greater detail in Exhibit A to this Agreement which is attached hereto and incorporated herein by this reference. 4. CONSULTANT OBLIGATIONS A. CONSULTANT agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONSULTANT'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. B. CITY, the State of California and the United States government and /or their representatives shall have access for purposes of monitoring, auditing and examining of CONSULTANT'S activities, performance, books, documents, papers, and records of CONSULTANT, subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONSULTANT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONSULTANT does not make the above - referenced documents available within the City of Santa Ana, California, CONSULTANT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONSULTANT and all documents related to this Agreement shall be kept available at CONSULTANT'S office or place of business for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the 2 25R -4 United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. C. Without prejudice to any other section of this Agreement, CONSULTANT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONSULTANT agrees to submit to CITY, the State of California and /or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONSULTANT, costs incurred and services rendered hereunder. D. CONSULTANT agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONSULTANT also agrees to provide at CONSULTANT'S own expense supplies and other costs of said PROGRAM. E. CONSULTANT shall comply with the provisions of 48 CFR, Chapter 1, Parts 1 -31.2, for commercial organizations and all other applicable federal statutes and executive orders and their implementing regulations. F. CONSULTANT shall comply with the provisions of E.O. 12549 and 12689, requiring compliance with the debarment and suspension requirements contained in 29 CFR Part 98. G. CONSULTANT shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONSULTANT shall sign a certification to that effect in a form as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. CONSULTANT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONSULTANT under the terms and conditions of this Agreement. H. CONSULTANT agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit C" attached hereto and incorporated herein by this reference. I. CONSULTANT, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). 3 25R -5 5. APPLICABLE GUIDELINES A. The parties hereto agree that CONSULTANT shall comply with all applicable federal and state laws and regulations, including but not limited to the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONSULTANT also assures and certifies that: 1. CONSULTANT shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 2. CONSULTANT shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the Santa Ana Local Workforce Investment Area's Board, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 3. No person with responsibilities in the operation of any program under the Workforce Investment Act grant shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 4. CONSULTANT shall maintain appropriate standards for health and safety in work and transportation situations. 5. CONSULTANT shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit D" and incorporated herein. 6. Any literature distributed by CONSULTANT for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 7. CONSULTANT certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased by the CONSULTANT under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONSULTANT by the CITY and /or purchased by the CONSULTANT with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and /or CITY. Upon termination of this Agreement, CONSULTANT will immediately return such tools and /or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 4 25R -6 8. CONSULTANT certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 9. If the grant hereunder exceeds $100,000, CONSULTANT shall be in compliance with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONSULTANT assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. 10. CONSULTANT may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies) reserve a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. 11. CONSULTANT is subject to applicable regulations governing patents and inventions, including government -wide regulations issued by the Department of Commerce at 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." 6. COMPENSATION CITY agrees to pay, and CONSULTANT agrees to accept for said services, total compensation in the amount not to exceed Thirty Eight Thousand Dollars ($38,000.00). CONSULTANT will submit a detailed invoice evidencing services performed. Final payment by the CITY shall be within 30 days following receipt of said invoice, subject to CITY accounting procedures. CONSULTANT acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONSULTANT. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. 5 25R -7 7. MISCELLANEOUS PROVISIONS A. CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. B. CONSULTANT certifies that it will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age, in compliance with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and Government Code 12900, et seq. 8. HOLD HARMLESS CLAUSE CONSULTANT agrees to indemnify, defend and hold harmless CITY, its officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out acts or omissions of CONSULTANT or of any approved subcontractor or of the officers, agents, employees of CONSULTANT or of its subcontractors in the performance of this Agreement. 9. INSURANCE CONSULTANT shall obtain and maintain for the entire term of this Agreement comprehensive professional public liability insurance, in companies acceptable to the City, authorized to issue such insurance in the State of California. Said insurance shall consist of the following: a. Professional Liability Insurance. CONSULTANT agrees to obtain and keep in force during the term of this Agreement a policy of professional public liability insurance insuring the CITY and CONSULTANT against any liability for accident, injury or death arising out of or related to this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of professional liability insurance shall be endorsed to provide to CITY at least thirty (30) days written notice prior to cancellation. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, CONSULTANT, if CONSULTANT has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. CONSULTANT agrees to comply with such provisions before commencing the performance of the work under this Agreement. c. The following requirements apply to the insurance to be provided by CONSULTANT pursuant to paragraph a., above: 6 25R -8 1. A certificate of insurance, to be approved in form by the City Attorney, shall be furnished to the City within 30 days of the execution of this Agreement. 2. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's right to be paid for its time and materials expended prior to notification of termination. 10. TERMINATION This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONSULTANT may not terminate this Agreement if undue hardship will result to any participant. 11. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONSULTANT. The decision of the CITY shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONSULTANT written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and /or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONSULTANT shall act in accordance with CITY's decision unless the dispute involves a change order. 12. BREACH - SANCTIONS If, through any cause, CONSULTANT violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONSULTANT pursuant to this Agreement, or if CONSULTANT reports inaccurately or if any Audit Report makes disallowances, CONSULTANT shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONSULTANT's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONSULTANT fulfills its obligations or remedies all violations of this agreement or prior agreements; and /or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONSULTANT has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONSULTANT of such 7 25R -9 termination in accordance the notice provision contained below. 13. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: To CITY: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 With courtesy copy to: Santa Ana Work Center 1000 E. Santa Ana Blvd., #200 Santa Ana, CA 92701 Telefacsimile (714) 565 -2602 To CONSULTANT: O'Reilly & Associates 7530 Sunnywood Lane Los Angeles, CA 90046 Telefacsimile (714)851 -5720 8 25R -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA David N. Ream City Manager CONSULTANT: O'Reilly and Associates Paul O'Reilly Tax ID # /SS #: 9 25R -11 25R -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: AMEND AGREEMENT N -2004- 062 -04 WITH TRANE, INC. FOR MAINTENANCE, SERVICE AND REPAIR OF AIR CONDITIONING UNITS AT GRAND CENTRAL ART CENTER CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with TRANE, Inc. in the amount of $28,500, for a total amount not to exceed $53,500, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Building Maintenance Division of the Finance and Management Services Agency maintains approximately 50 buildings, including fire stations, recreation and community centers, libraries, City Hall, the Police Administration building, and the Corporate Yard. These public buildings, ranging from 10 to 50 years old, require various levels of service for complex mechanical systems, including heating and air conditioning equipment. To maintain these systems in good working condition, it is vital to have preventive maintenance and repair service available, including periodic inspection of chillers and boilers and repair of equipment on an as- needed basis. On April 28, 2009, the City entered into an agreement with TRANE, Inc. for a one -year renewal term in an amount not to exceed $25,000. In the course of regular inspections at the city -owned Grand Central building, equipment repairs and preventive maintenance needs were identified to increase the life expectancy of the equipment. With the expenditure of funds for these necessary repairs, additional funds are needed to continue on -going inspections, maintenance and repairs for the remaining contract period. 25S -1 Amendment to TRANE, November 2, 2009 Page 2 FISCAL IMPACT Inc. Agreement Funds are available in the Downtown Maintenance - other contractual services account (no. 40718842 62300 - 03700101001). /,. _ _ , 1 ' Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency CJN /GL /kg APPROVED AS TO FUNDS AND ACCOUNTS: i Francisco Gutierrez Executive Director Finance & Management Services Agency H: \ACTION ITEMS \COUNCIL \2009CC \110209 AmendAgreeTRANE- GrandCentraldoc 25S -2 AMENDMENT TO SERVICE AGREEMENT THIS AMENDMENT TO AGREEMENT, made and entered into this 2nd day of November, 2009, by and between Trane Inc, ( "Consultant') and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City "), collectively referred to herein as "the Parties ". RECITALS: A. The Parties entered Agreement N- 2004 -062, dated July 1, 2004, hereinafter referred to as "said Agreement", for the provision of maintenance, service, repair and parts for air conditioning units located on the Ross Annex building; B. Said Agreement has been subsequently amended to extend the term and add compensation to provide continuous service during the extended term. C. The Parties now wish to amend the Scope of Services to include maintenance, repair and parts replacement services for the compressor at the Grand Central Arts Center, and to increase compensation to pay for the additional services to be provided. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: Section 1, SCOPE OF SERVICES, shall be amended to provide that Contractor will provide maintenance, service, repair and parts for air conditioning units at the Ross Annex Building. Contractor shall inspect and bring the 70 -125 Ton Compressor Chiller Series R (Model #RTUA I OOAYCO I X3DOVFNH) at the Grand Central Art Center, 125 N. Broadway, Santa Ana, CA, into good repair and, commencing October 1, 2009, Contractor will provide ongoing maintenance, service, repair and parts for the Grand Central Arts Center compressor described above. Contractor may provide additional services at the written request of the Executive Director of Finance and Management Services. 2. Section 2.a., COMPENSATION, shall be amended to set the inspection, maintenance, repair and part replacement fee for the 2009 /2010 fiscal year at $8,680.49.00, payable at $2,170.12 per quarter, plus tax, for Ross Annex. Contractor agrees to accept, and City agrees to pay an additional fee of $3,568.00, payable at $892 per quarter, for inspection, maintenance, repair and part replacement at Grand Central Art Center. The total sum to be expended for service and part replacement pursuant to said Agreement shall be increased by $28,500.00, for a total amount not exceed $53,500, during the period from July 1, 2009 through June 30, 2010. 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. 25S -3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL FRANCISCO GUTIERREZ Executive Director Finance and Management Services 25S -4 CITY OF SANTA ANA DAVID N. REAM City Manager TRANE, INC. (NAME) (Title) REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE TARGET STORES DONATION FOR GRAFFITI ENFORCEMENT 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 1. Authorize the acceptance of a donation in the amount of $2,000 from the Target Stores, to be used by the Police Department Graffiti Task Force Unit. 2. Approve an appropriation adjustment recognizing the donation in the amount of $2,000 into the Police Special Revenue Fund, Gifts and Donations revenue account (no. 024 -01 -5798) and appropriate same into the Police Special Revenue Fund, Operating Materials and Supplies expenditure account (no. 024 -331- 6391). DISCUSSION The Police Department operates a Graffiti Task Force Unit comprised of two detectives. The unit targets criminals and taggers committing graffiti crime and affecting the quality of life for members of the community. Target Stores desires to support local law enforcement and impact the local community in a positive manner by donating $2,000 to the Police Department. This donation will be used to purchase a color printer. FISCAL IMPACT Approval of the appropriation adjustment will enhance the Police Special Revenue Fund, Gifts and Donations revenue account (no. 024 -01 -5798) by $1,000 and appropriate same into the Police Special Revenue Fund, Operating Materials and Supplies account (no. 024 -331- 6391). 6Lwikc,-�— Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director 29o-finance & Mgmt. Services Agency�r' �j �Q� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: CONDITIONAL USE PERMIT NO. 2009 -18 TO ALLOW AN INDOOR SPORTS FACILI -TY AT 1501 EAST MCFADDEN AVENUE - ARTURO SAUCEDO, APPLICANT i CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2009 -18 as conditioned. PLANNING COMMISSION ACTION On October 12, 2009, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2009 -18 as conditioned by a vote of 5:0 (Yrarrazaval absent) to allow an indoor sports facility at 1501 East McFadden Avenue located in the Light Industrial (M1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja " . Trevino Executive Director Planning & Building Agency MF:rb mf \reports \cup09 -18 Saucedo Indoor Sports.cc 31A-1 'ki r =v , REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 12, 2009 TITLE: PUBLIC HEARING - FILED BY ARTURO SAUCEDO FOR CONDITIONAL USE PERMIT NO. 2009 -18 TO ALLOW AN INDOOR SPORTS FACILITY AT 1501 EAST MCFADDEN AVENUE Prepared by Matt Foulkes PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Executive 4ector V Planning Manag4r RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2009 -18 as conditioned. DISCUSSION Request of Applicant Mr. Arturo Saucedo, representing California Youth Soccer, is requesting approval of a conditional use permit to allow an indoor sports facility at 1501 East McFadden Avenue. Property Description The subject site is a 14.6 acre parcel of land located on the north side of McFadden Avenue between Lyon Street and Linwood Avenue. The site is developed as a multi - building industrial campus with 14 industrial buildings ranging in size from 9,000 square feet to 41,600 square feet. The proposed project location is a 10,000 square foot industrial building located adjacent to McFadden Avenue in the southwest corner of the property. The General Plan land use designation for this site is Industrial (IND) , and it is located within the Light Industrial (M -1) zoning district. Surrounding land uses include industrial to the north, south and west with residential to the east (Exhibits 1 and 2). Project Description California Youth Soccer is proposing to occupy a 10,000 square foot industrial building to operate an indoor soccer league. The warehouse portion of the building will be reconfigured to provide two soccer W ITS Conditional Use Permit No. 2009 -18 October 12, 2009 Page 2 fields, a spectator viewing area, snack bar and locker facilities. The two soccer fields will vary in size, with the larger being 4,000 square feet and the smaller being approximately 2,100 square feet. The office component of the warehouse will be reconfigured to provide a reception area and restrooms in addition to two administrative offices. The fields will be accessed primarily from two existing roll -up doors located at the rear of the warehouse adjacent to the primary parking area (Exhibits 3 and 4) . Games will consist of five or six players on each team depending on which field is utilized, with up to five players on each bench for a total of 10 to 12 players per team. The proposed hours of operation are Monday through Friday from 4:00 p.m. to 10:00 p.m. and Saturday and Sunday from 8:00 a.m. to 10:00 p.m. On weeknights, there will be six games on each field for a total of 12 games per night. On Saturday and Sunday, there will be 10 games on each field for a total of 20 games. Games will last approximately 45 minutes and there will be 20 minutes between games. The ages of players will range from six to eighteen years old; however, adult leagues are being considered in the future (Exhibit 5). Analysis of the Issues Ordinance Number NS -2776 added Indoor Sports Facilities as a conditionally permitted use in the Light Industrial zoning district in 2008. Prior to the adoption of this ordinance, indoor sports and recreation were combined with indoor entertainment and were only permitted in the City's commercial zones with a conditional use permit. The large space requirements necessary to operate indoor sports facilities in combination with higher lease rates in commercial areas resulted in a majority of indoor sports businesses not being able to locate in Santa Ana. In response to the growing demand for recreational activities and the limited park area provided within the City, the City Council amended the Municipal Code to allow indoor sports facilities within the Light Industrial (M -1) zoning district subject to certain development standards and with a conditional use permit. These development standards included parking, limiting the hours of operation and limiting the number and type of uses that would be permitted under the definition of indoor sports facilities. The proposed indoor soccer facility meets all of the requirements specified in Section 41 -482 of the Santa Ana Municipal Code relating to indoor sports facilities. The subject property has been recently remodeled and complies with current Light Industrial (M -1) development standards including landscaping and parking. Additionally, appropriate conditions of approval have been included for this project that will 31A-4 Conditional Use Permit No. 2009 -18 October 12, 2009 Page 3 ensure it remains in compliance with the indoor sports facilities section of the Municipal Code and does not become an attractive nuisance or disrupt the surrounding industrial tenants within the center. Per the submitted operations plan, the majority of the activity for the proposed use will occur in the evenings and on weekends when the surrounding industrial uses will not be active. The addition of indoor soccer in this location supports several General Plan Policies, including Land Use Element Policy 1.8 which encourages the development of commercial recreational facilities, and Policy 2.2 which encourages development which accommodates the City's need for goods and services. This project will provide a much needed opportunity for recreation within an area of the City that is substantially underserved by the existing parks. Based upon the 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. 2009 -18 as conditioned. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to a project that involves the licensing of an existing structure with little or no expansion involved. Categorical Exemption Environmental Review No. 2009 -76 will be filed for this project. Matt Foulkes, LEED AP Vince Freg o, ICP Assistant Planner I Principal nner MF: jm mf \reports \cup09 -1.8 Saucedo Indoor Sports.pc 31A-5 M1 R3 M1 R3 Al GENERAL AGRICULTURAL -B PARKING MODIFICATION Ci COMMUNITY COMMERCIAL C1 -MD COMMUNITY COMMERCIAL - MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A. CENTRAL BUSINESS- ARTISTS'VILLAGE C4 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL C -SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOORAREARATIO GC GOVERNMENT CENTER MI LIGHT INDUSTRIAL M2 HEAVYINDUSTRIAL MO MILITARY OPERATIONS 0 OPEN SPACE -OZ OVERLAYZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT C2 -OZ1 -F PD PLANNED DEVELOPMENT PRO 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 JA CUP- 2009 -18 0-Au- ;MW Saucedo Indoor Sports Facility 1'= 1000 FEET 1501 East McFadden Avenue — — =500 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 VIa To MCFADDEN AVENUE H � Q v l N D U S T R I A L r l N D U S T l A L IE: � O U CUP- 2009 -18 Saucedo Indoor Sports Facility 1501 East McFadden Avenue P L A N N I N G A N D B U I L D I N G A G E N C Y LAfll� fYAP 7�F� 2 K� m • „�.. o,,,., w.� ,,� FL” PLAN OWS. - wc�avr. ww.snuivurmwu�rc - +aaa.am.uw_ar��o == I)OSiMI(' AYA11 PROPOSED FLOOR PLAN SCALE: 1/8" =1'- 0" EXHIBIT 4 1501 E. McFadden Avenue California Youth Soccer — Operations Plan 1. Hours of operation: Monday through Friday — 8:00 a.m.* —10:00 p.m. (soccer matches scheduled from 4:00 p.m. —10:00 p.m.) Saturday and Sunday — 8:00 a.m. —10:00 p.m. * - The remaining hours during the week will be utilized by staff for cleaning /prepping the fields and general office work. 2. Number of matches: Monday through Friday — 6 games on each field for a total of 12 games a night Saturday and Sunday —10 games on each field for a total of 20 games a day 3. Number of players per team: Teams will consist of 10 -12 players with 5 or 6 on the field at any given time 4. Age of players: California Youth Soccer offers leagues for children ages 6 to 18 years old. Although currently there are no adult leagues offered, occasionally friendly matches will be organized. 5. Length of games and time between games: Games will last approximately 45 minutes with a minimum of 20 minutes between games. EXHIBIT 5 iki bk:10/8/09 RESOLUTION NO. 2009 -15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009 -18 AS CONDITIONED TO ALLOW AN INDOOR SPORTS FACILITY AT 1501 EAST MCFADDEN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of a conditional use permit to allow an indoor sports facility at 1501 East McFadden Avenue. B. Conditional Use Permit No. 2009 -18 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 12, 2009. C. Conditional Use Permit No. 2009 -18 has been filed with the City of Santa Ana seeking to allow California Youth Soccer to occupy a 10,000 square foot industrial building to operate an indoor soccer league. The warehouse portion of the building will be reconfigured to provide two soccer fields, a spectator viewing area, snack bar and locker facilities. 1. 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 indoor soccer facility will improve the general well being of the neighborhood and community by offering an opportunity for youth recreation within an area of the City that is substantially underserved by existing parks and open space. 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. 2009 -15 Page 1 of 5 31 A -11 The proposed indoor soccer facility will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. Conditions of approval have been added limiting the facilities hours of operation and time between games to prevent any conflicts with the surrounding industrial uses. Additionally, the majority of the activity for this use will occur in the evenings and on the weekends when other industrial uses will not be active. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed indoor soccer facility will positively affect both the present and future economic stability of surrounding area by occupying a previously vacant tenant space as well further diversifying the types of tenants present within this industrial center. The proposed use's hours of operation will limit any affect on surrounding tenants or properties by operating primarily on nights and weekends when other industrial uses are not active. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project, as conditioned, will be in compliance with all applicable conditions of Chapter 41 of the Santa Ana Municipal Code. V. Will the proposed use adversely affect the General Plan or any speck plan of the City? The proposed project will not adversely affect the General Plan. The addition of indoor soccer in this location supports several General Plan Policies, including Land Use Element Policy 1.8 which encourages the development of commercial recreational facilities, and Policy 2.2 which encourages development which accommodates the City's need for goods and services. This project will provide a much needed opportunity for recreation within an area of the City that is substantially underserved by the existing parks. Resolution No. 2009 -15 Page 2 of 5 31 A -12 D. In accordance with the California Environmental Quality Act, the project is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to a project that involves the licensing of an existing structure with little or no expansion involved. Categorical Exemption Environmental Review No. 2009 -76 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Conditional Use Permit No. 2009 -18, as conditioned in Exhibit "A" attached hereto and incorporated herein for the property located at 1501 East McFadden Avenue. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 12, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of October, 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Turner (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Yrarrazaval (1) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney Christopher Leo Chairman 31 A -13 Resolution No. 2009 -15 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009 -15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 12, 2009 . Date: Planning Commission Secretary City of Santa Ana 31A -14 Resolution No. 2009 -15 Page 4 of 5 Conditions for Approval for Conditional Use Permit No. 2009 -18 Conditional Use Permit No. 2009 -18 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this 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 The project shall remain in compliance with Site Plan Review (DP No. 09- 28). 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The project shall remain in compliance with the submitted operations plan relating to hours of operation, number of games per day and number of players on each team. Modifications to this operation's plan shall be submitted to the Planning Division to determine if administrative relief is available or if the conditional use permit must be amended. B. Police Department 1. Prior to approval of a Certificate of Occupancy, on -site lighting must comply with current Municipal Code standards. 2. Prior to approval of a Certificate of Occupancy, the applicant shall install "No loitering" and "No trespassing" signs in accordance with City and State standards. EXHIBIT A Resolution No. 2009 -15 Page 5 of 5 31 A -15 iks F.AI5114011�, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: VARIANCE NOS. 2009 -03, 2009 -05, 2009 -06, 2009 -07 AND 2009 -09 AND CONDITIONAL USE PERMIT NO. 2009 -15 TO ALLOW A CHECK CASHING BUSINESS AT 1647 EAST FIRST STREET, SUITE A - JC INTERNATIONAL SERVICES, APPLICANT L CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report denying Variance Nos. 2009 -03, 2009 -05, 2009 -06, 2009 -07, 2009 -09 and Conditional Use Permit No. 2009 -15. PLANNING COMMISSION ACTION On October 12, 2009, the Planning Commission adopted a resolution denying Variance Nos. 2009 -03, 2009 -05, 2009 -06, 2009 -07, 2009 -09 and Conditional Use Permit No. 2009 -15 by a vote of 5:0 (Yrarrazaval absent) to not allow a check cashing facility in the General Commercial (C2) zoning district at 1647 East First Street, Suite A. The Planning Commission made no changes to the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja Trevino Executive Director Planning & Building Agency MF:rb mf \reports \cup09- 15va09- 3,5,6,7 &9 1647 E First Check Cashing.cc 31 B -1 ' I REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 12, 2009 TITLE: PUBLIC HEARING - FILED BY JC INTERNATIONAL SERVICES FOR VARIANCE NOS. 2009 -03, 2009 -05, 2009 -06, 2009 -07 AND 2009 -09 AND CONDITIONAL USE PERMIT NO. 2009 -15 TO ALLOW A CHECK CASHING BUSINESS AT 1647 EAST FIRST STREET, SUITE A Prepared by Matt Foulkes Executive D' ctor RECOMMENDED ACTION Planning Commission Direction. DISCUSSION Request of Applicant PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Manager Ms. Maria Guererro, on behalf of JC International Services, is requesting approval of variances from the check cashing separation requirements, minimum lot size, building setbacks, landscaping and parking as well as a conditional use permit in order to operate a check cashing facility at 1647 East First Street, Suite A. Property Description The subject site is a 0.12 acre parcel of land located on the north side of First Street between Lyon and Mabury Streets. The site is currently developed with a 3,245 square foot multi - tenant commercial building. JC International Services occupies a 1,100 square foot tenant space within the building and provides a variety of financial services, including insurance, tax preparation and money wiring. The remainder of the building is currently vacant. The General Plan land use designation for this site is General Commercial (GC), and it is located within the General Commercial (C -2) zoning district. Surrounding land uses include residential to the north and a mixture of commercial and hotel uses to the east, south and west (Exhibits 1 and 2). EXHIBIT A VA Nos. 2009 -03, 05, 06, 07 & 09 CUP No. 2009 -15 October 12, 2009 Page 2 Project Description The applicant wishes to add check cashing as a service offered within the tenant space they occupy as JC International Services. The check cashing facility would occupy approximately 100 square feet of JC International's existing tenant space (Exhibit 3). There is an existing Conditional Use Permit for a check cashing facility within 1,000 feet of the applicant's proposed check cashing location, which does not comply with the separation requirement for check cashing facilities contained in the Santa Ana Municipal Code(SAMC). The applicant seeks relief from this requirement. In addition, the property has a number of non - conformancies for which the applicant is seeking several variances from the SAMC's development standards for C -2 properties. These variances include minimum lot size, building setbacks, landscaping and parking. Finally, the applicant is seeking a conditional use permit in order to allow a check cashing facility at the subject property. The applicant proposes to make minor interior modifications to accommodate the check cashing use and will also make a number of repairs to the site to address the existing non - conformancies and bring the site into closer compliance with the code. These repairs include: addition of a trash enclosure, re- striping the parking lot, removing security bars from the windows, installing landscaping by adding stone planter boxes and veneer along the base of the building, raising the parapet on the front portion of the building and installing a decorative cornice in order to screen existing roof mounted equipment, removal of a non - conforming projecting sign, relocation of the primary entrance and installation of new storefront glass (Exhibit 4) . The proposed hours of operation for the check cashing business will be from 9:00 a.m. to 7:00 p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday. Analysis of the Issues Background The applicant previously operated her business, JC International Services, including check cashing pursuant to an approved CUP at a leased tenant space located at 1620 East First Street, Suite E. In 2009, the applicant purchased the building located at 1647 East First Street and relocated JC International Services to the new location. Conditional Use Permits are said to "run with the land" and, as such, cannot be transferred to a new i VA Nos. 2009 -03, 05, 06, 07 & 09 CUP No. 2009 -15 October 12, 2009 Page 3 property address. Therefore, when the applicant vacated the 1620 East First Street location, which had an approved CUP for check cashing, she was unable to reestablish this use at the new location of 1647 East First Street without the issuance of a new CUP for check cashing. The applicant then applied for a conditional use permit and variances in order to operate a check cashing facility at 1647 East First Street, Suite A. During the review of this application it was determined that the proposed check cashing facility would be within 1,000 feet of an existing approved check cashing facility and, as such, would be in violation of Section 41 -374.5 of the Santa Ana Municipal Code which requires the 1,000 foot separation between check cashing businesses. The applicant was notified of this situation, but chose to pursue a variance application to seek relief from the separation requirement. Variance No. 2009 -03, an application to vary from the separation requirement for check cashing establishments, was heard at the Planning Commission meeting of August 24, 2009. After a presentation outlining the staff recommendation of denial, testimony from the public and a discussion of the issues surrounding this project, the Commission voted to continue the item for 30 -days to allow staff time to work with the applicant on the design and improvements to the building, analyze and bring forward for review the additional discretionary actions required for the project, develop appropriate conditions should the Commission move to approve the items and to gather further information regarding check cashing operations and the use of the Matricula Consular identification card. Due to the number and complexity of the each of the required discretionary actions surrounding this project, they have been identified and analyzed separately in the subsections that follow. Background on 1,000 Foot Separation Requirement and Check Cashing CUP Requirement The applicant is requesting relief from the separation requirement for check cashing facilities in the General Commercial (C -2) zone, as well as a CUP to allow for a new check cashing facility. In December 1999, Ordinance No. NS -2412 was adopted to require a conditional use permit for check cashing establishments. At that time the City was concerned with the recent proliferation of check cashing businesses in various retail centers citywide and the potential for criminal activity that can 31 B -5 VA Nos. 2009 -03, 05, 06, 07 & 09 CUP No. 2009 -15 October 12, 2009 Page 4 be associated with this type of use. The primary goals of the ordinance were to require a separation between check cashing establishments to limit their numbers and to require a conditional use permit to review each request on an individual basis and apply appropriate conditions. Section 41 -374.5 of the Santa Ana Municipal Code (SAMC) requires a minimum separation of 1,000 feet between check cashing facilities, as measured from property line to property line. This distance requirement was adopted by the City Council in 1999, as part of the ordinance that established the CUP requirement. Separation requirements are not unique to check cashing establishments and are used in several instances within the Municipal Code for uses that have been determined to have a negative impact to surrounding uses and /or that generate crime when they are located in dense quantities within a given area of the City. Off -site alcohol licenses for markets less than 20,000 square feet are an example of a use with a separation requirement. Similar to the rationale employed for check cashing establishments, it was determined that, based on studies performed by other jurisdictions and analyses of Santa Ana's crime statistics, an over concentration of small markets and liquor stores selling alcohol may create both visual blight and can lead to an increase in criminal activity. Another example is massage establishments which also have a 1,000 foot separation requirement from both other primary massage establishments, as well as adult entertainment uses. Again, similar to check cashing businesses, it was determined that, while the use itself does not necessarily result in negative impacts to the surrounding area, the over proliferation of the use may cumulatively have a negative impact. Existing Status of Check Cashing Facilities within 1,000 Feet of JC International Services Business license and Certificate of Occupancy records applicant was approved to operate an office use at 1620 Suite E in 2000. In 2002, the applicant applied Conditional Use Permit No. 2002 -23 to operate a check this location. JC International Services' proposal t East First Street places them 110 feet from their 1620 East First Street. JC Check and Cash, which wa the applicant, was located within the commercial c side of First Street. Although JC Check and Cash move to its new location at the subject site, the con 4161" indicate that the East First Street, for and received cashing facility at o relocate to 1647 former location at s also operated by enter on the south closed in order to ditional use permit VA Nos. 2009 -03, 05, 06, 07 & 09 CUP No. 2009 -15 October 12, 2009 Page 5 that was approved at 1620 East First Street, Suite E remains valid at the current property and allows another check cashing business to occupy the space within a one year time period. On September 28, 2009, Cash Multi - Service submitted a Certificate of Occupancy and business license application to open a new check cashing facility in Suite E. Cash Multi- Service is able to utilize the existing conditional use permit and begin operating under the original conditions of approval without any further discretionary actions or public hearing. Although Cash Multi - Service currently operates as a money transfer business, following the approval of a check casher's license by the state, they will begin the check cashing component of the business without any additional City review. This new check cashing facility eliminates the possibility that the applicants' previous site will remain vacant or utilized for a business other than a check cashing facility, further intensifying the number of check cashing facilities in the area. Background on Check Cashing Facility Services and Commercial Bankin Services The check cashing industry is regulated by the State of California and permits are issued from the Check Casher Permit Program through the Attorney General's Department of Justice. A permit is required for each check cashing establishment and is valid for one year. Although it may be renewed annually, a permit can also be revoked if the applicant violates the provisions or regulations of the check casher permit. Additionally, Section 1789.35 of the California Civil Code regulates the fee amounts that can be charged for the cashing of a check. Up to a three percent fee can be charged to cash a payroll or government check if identification is provided by the customer, or three and a half percent without identification. For personal checks, the check cashing business may charge up to 12 percent. If a customer feels that they have been charged fees in excess of those allowed by law, they may contact the California Department of Justice. Check cashing facilities provide a variety of financial services similar to commercial banking institutions with one important difference being a requirement for identification. Commercial banking establishments typically require two forms of identification to open new accounts. Until recently, this identification requirement meant that foreign nationals who hold valid identification other than a California Driver's License, Social Security Number or a United States Visa or Passport had to seek out alternative banking options. Several commercial banks, 31 B -7 VA Nos. 2009 -03, 05, 06, 07 & 09 CUP No. 2009 -15 October 12, 2009 Page 6 including Bank of America, Bank of the West, JP Morgan Chase, Union Bank and Wells Fargo, now accept Consular Identification cards issued by foreign governments such as the Matricula Consular issued by the Government of Mexico as one form of valid identification. This practice was authorized by the United States Treasury Department as part of the mandate that banking establishments require valid identification from those wishing to open new accounts pursuant to the provisions of the U.S. Patriot Act. Once an account is established, the bank customer is eligible for all check cashing services provided by that bank. In December, 2008 Governor Schwarzenegger launched the "Bank on California" program to increase the number of Californians with bank accounts. According to the Office of Planning and Research, one in five Californians do not have a checking account, and will spend up to five percent of their annual income cashing checks each year. Currently, of Santa Ana's 60 banks and credit unions, 30 have already signed on to accept Consular Identification cards (Exhibit 5). Additionally, on August 26, 2009, Mayor Pulido sent a letter to various banks within Santa Ana to encourage them to join the "Bank on Santa Ana" program and begin to accept Consular Identification cards as a valid form of identification. This recent push for additional banks and credit unions to begin accepting the Consular card as a valid form of identification will likely result in an increase in that number. The opening of an account with a commercial bank or credit union is often the first step towards establishing a credit history and provides a free or low -cost way to begin saving money for the future, in addition to allowing wage earners to keep more of their paychecks. Availability of Check Cashinq and Bankinq Services in the Area In addition to Cash Multi - Service, there are six other check cashing businesses located within a one mile radius of the project site that provide the same or similar financial services as the proposed facility. Excluding Cash Multi - Service, the next nearest check cashing facility is located approximately 1,631 feet from the subject property at 1325 East First Street, with another facility located 2,165 feet from the subject property at 218 North Grand Avenue (Exhibit 6) . There are also five commercial banks within the one -mile radius of the proposed check cashing facility and two additional banks just outside of the one -mile radius ring. The following table lists these banks and their current ability to use Consular identification. They are arranged in order of proximity to the subject address. VA Nos. 2009 -03, 05, 06, 07 & 09 CUP No. 2009 -15 October 12, 2009 Page 7 Bank Name Address Accepts Consular ID Citizens Bank 2000 East Fourth St., Suite 100 No Mutual Diversified FCU 2030 East Fourth St., Suite 100 No Community Commerce Bank 17332 Irvine Blvd., #125, Tustin No Wells Fargo Bank 1801 East Seventeenth St. Yes Bank of America 2000 East Seventeenth St. Yes Union Bank 1935 East Seventeenth St. Yes Bank of America 2127 East Seventeenth St. Yes General Plan Land Use Policy 2.2 was established to promote commercial land uses in adequate amounts to accommodate the City's needs for goods and services. Staff's analysis of the availability of check cashing and commercial banking facilities within the study area indicates that the community has adequate access to such facilities. Process to Vary From Separation Requirements In seeking to reestablish the proposed check cashing facility, the applicant is seeking relief from the 1,000 foot separation requirement. The tool proposed to accomplish this request is the variance. Variances, by definition, are designed to allow relief from development standards due to a physical constraint that exists on the property. Such physical constraints relate to the size, shape, topography, location or surroundings of the property. Further, the separation requirement is not a development standard. As stated in SAMC Section 41- 374.5, locating a check cashing facility within 1,000 feet of another such facility is strictly prohibited. As such, the findings that are required in order to substantiate the need for a variance cannot be made in cases with a separation requirement. In order to allow this application to deviate from the separation requirement, an amendment to the Santa Ana Municipal Code would be required. This amendment would alter the separation requirements for check cashing facilities to either no longer require a 1,000 foot separation, or to create an exemption process, with objective, quantifiable criteria, for cases when the separation requirement would not apply. This zoning ordinance amendment would require the approval of both the Planning Commission and City Council before going into W .1 VA Nos. 2009 -03, 05, 06, 07 & 09 CUP No. 2009 -15 October 12, 2009 Page 8 effect and would also require the continuance of the subject applications until the new regulations go into effect. This same process could also potentially apply to other uses, such as alcohol sales, that have separation requirements. Site Variances Part of the analysis for all conditional use permits is to determine if the project is in compliance with all applicable sections of the Municipal Code. Both the lot size and the existing buildings location result in the site's nonconformance with several development standards within the General Commercial (C -2) zoning district. These nonconformities include: lot size, building setback, landscaping and parking. As no modifications to the building footprint are proposed, variances will be required from each of these development standards in order to comply with the Municipal Code. Although the site's existing conditions prevent the applicant from complying with the development standards in the General Commercial (C -2) zone, the applicant is proposing several improvements to bring the site into closer compliance, including the restriping of the parking lot to meet City standards and the installation of landscape planter boxes adjacent to the building. The addition of check cashing at this site will be incorporated into the existing building footprint and will not increase the amount of required off - street parking, however; the addition of a check cashing use within this space will likely result in an increased number of patrons, which will further exacerbate an already under parked site. Conditional Use Permit Staff has analyzed each of the required discretionary actions and is unable to make the necessary findings to recommend approval of this project. Based upon the analysis of the project and the project's incompatibility with the City's General Plan, applicable development standards, and proximity to other check cashing and banking institutions, staff recommends that the Planning Commission deny Variance No. 2009 -03, Variance No. 2009 -05, Variance No. 2009 -06, Variance No. 2009 -07, Variance No. 2009 -09 and Conditional Use Permit No. 2009 -15 (Exhibits 7 through 12) . VA Nos. 2009 -03, CUP No. 2009 -15 October 12, 2009 Page 9 CEQA Compliance 05, 06, 07 & 09 In accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 21080(5) . This subsection applies to projects in which the public agency disapproves of the request. Should the project ultimately be approved, further environmental review may be required. Environmental Review No. 2007 -102 will be filed for this project. Matt Foulkes, LEED AP Assistant Planner I k C- '7 - - Vince Fregoso, CP Principal Planner MF: jm mf \reports \cup09- 15va09- 3,5,6,7 &9 1647 E First Check Cashing.pc 31 B -11 Al GENERAL AGRICULTURAL -B PARKING MODIFICATION Cl COMMUNITY COMMERCIAL C1 -MD COMMUNITY COMMERCIAL- MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3 -A CENTRAL BUSINESS - ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL OR COMMERCIAL RESIDENTIAL C -SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS 0 OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL POD 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 VAR 09 -3 q JC INTERNATIONAL SERVICES CHECK CASHING' 1 1000 FEET 1647 EAST FIRST STREET, SUITE A - - =500 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 VAR 09 -3 T� JC INTERNATIONAL SERVICES ... CHECK CASHING' 1647 EAST FIRST STREET, SUITE A 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 31yg-1 j I N D U S T R I A L 1 MARK STREET Lu Lu W cc W J J H O T E L O F F I C E S cr Lu J J � Z j PROJECT N W SITE W VACANT COMMERCIAL H O T E L N It H O T E L It m a FIRST STREET PARK Z J Z C O M M E R C I A L O J J H O T E L W OFFICES OFFICES VAR 09 -3 T� JC INTERNATIONAL SERVICES ... CHECK CASHING' 1647 EAST FIRST STREET, SUITE A 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 31yg-1 j ELEC. PANEL �a D (E) CMU wall. Existing ofice rentail UNIT "B" FV. Existing office rentail UNIT "A" W (E) CMU wall. Existing ofice rentail STORAGE AREA NEW PLANTER NEW TRASH ENCLOSURES (E) (j CL * 2' -9" 1 T -9" f-2' -9u--f T -9" -.jr 3' NEW PLANTER (E) CONC. SIDEWALK. EAST 1st. ST NOTE EXIT DR SHALL BE OPENABLE FROM THE INSIDE W/O THE USE OF KEY OR ANY SPECIAL KNOWLEDGE OR EFFORT. EXHIBIT 3 31 B -14 (E) CONC. SIDEWALK. u 1 \ E%l9[Ing� .- PARKING LOT STRIPED PER CITY STANDARDS g A 3 \ J EXISTING S PARKING ROOM ROOM \ j J C (E) (j CL * 2' -9" 1 T -9" f-2' -9u--f T -9" -.jr 3' NEW PLANTER (E) CONC. SIDEWALK. EAST 1st. ST NOTE EXIT DR SHALL BE OPENABLE FROM THE INSIDE W/O THE USE OF KEY OR ANY SPECIAL KNOWLEDGE OR EFFORT. EXHIBIT 3 31 B -14 (E) CONC. SIDEWALK. u 1 o N �M;77 0 LU (D LL EXHIBIT 4 31 B -15 F-1 c 0 Q W cn c 0 EXHIBIT 5 Pa3'1'8 _ 16 N N cu 3 .0 U Y c co m v s N Fz N U L m c 0 U cO U �L f0 CL N U U (D c LJ 7 U t9 t V, Y C (O H v 0 c v cu m LO Cl) Cl) O M M O CD N CO p L CN O O CO M N N C:) N O O M 0 ¢ U o N O O d' � It Cn M N M MO N O M 0) O O M O p O O W Q CD fl- CO N O N M M � C%J 00 N oo N CO N U M.. N N U M U M C4 O O Q M U L N V M � N M N � COO OMO � N Q M N Q o o Q c o U V o Q Q Z U o U o U o rn c cMh o o o U U o cu O N U N N Z N ¢ N N U U Q ¢ N c � Q ¢ O ti L6 O C) ¢ ti 0 0 iA C7 � CA M 0) ¢ M m m C6 c6 0) ¢ c M C N m C N U m N N N F� 4 N Z c6 N N N ai N M ¢ Q ¢ ¢ ¢ ¢ ¢ c ¢ C ¢ m C C C m ¢ ¢ C7) ¢ M C M M CA N M C Q C ¢ M O) CA U¢ V¢ z U U F- z U m U m ¢ U¢¢ c m¢ z m ¢ U m ¢ U ° ¢ U C6 c m U Q U U¢ U V U U it U Q Q c6 ¢ m cn c m m m co U c c m c ¢ Q U U FQ- Z m c y c c6 z F- c c6 c Cl) c ¢ o cv c ca c cu cu- c c m c m o o cu ) m c U c6 c m U c6 c m m c6 c c6 c c6 c6 c Q cu c6 c c6 c6 C13 Q Q Q m C m m w w m cn fn o M o J Q a¢ J Q cu c Q Q¢ c Q U ¢ c Q¢ c p U c m = -� c >> W W W :° m a m U) p m «a m Q :° ¢ (n m m m m z z m c m� m¢ Q m Q >Q c c � cca W m� a F- w c a m c m > m m c c6 Q J C7 U c p p W C7 CO W U U> m cu U U m U c¢ CO m cu w U U F- F- p p p F- W W F- F- F- F- p Q' J¢ C/) U p 3 U co H U U H U U Z U W W Cn U p U U p U O p F- CA U F- U F- p U U) U) mF- U U Q Z Z U w w Z Z Q z Of w z z Q Z¢_¢ 2 cn z _= U z O z 2 Z < 2 2 ¢ ¢ _ ¢ Q ¢ ¢ ¢ ¢ ¢ F- F- F- F- F- F- = F- CO - - _ p p W U) cc) ~ m 0- v m z z U W w z Z W w z z W cn � W W W Z Z� W W W m Z Z W W O N W M Cn C!) O f� O O O 00 O I� O cD O c0 N N N c0 O O O O O O u7 cc) O O cn O N Fl- O O O O O N N M M CO V O C[) CO O N LO t0 ti O O IT 00 O M Q) M Q) O O O O O O O N N O N N N N N N N 104 Cl) 0 Z 0 z 0 z 0 Z 0 Z 0 z 0 Z z z z z Z Z Z z z Z Z z Z Z Z Z Z Z Z Z Z Z Z Z 0 0 0 0 0 O O O _O O O 0 0 0 0 0 0 O O O O O 14 f-ag1���a�a,9 F- FQ- F- F- F- F- H F- f- F- F- F- 9 F- 9ol9 . F- H 9 F- _O FQ- F- H FQ- H F- F- _O F- F- _O F- F- ggggg F- F- F- F- W O O O O O O O O O O O O 0 0 0 O Q 0 L9gggg(Ig�g; 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N M W a- M a M M M M M M M N M U) a o- a a o- m W m m o- m a m a m m o- m W C O � O O O w z N z of z = U U U U U U U U U U U D O U D O 0 O D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U U U U U U U U U U U U U U U U U U U (A J g J ¢ J ¢ J ¢ J ¢ J a J ¢ J ¢ J ¢ J J Z J Z _j _j J z J z J J J J J J J J J J J J J J J ¢ ¢ � ¢ � ¢ ¢ Q n ¢ Q ¢ Q Q g Q ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ IM U U U U U U U U U U U F- U F- U U U F- U F- U U U U U U U U U U U U U U U z ¢ z ¢ z ¢ z ¢ z ¢ z z z z z z o z o z z z o z o z z z z z z z z z z z z z z z Z z z z z ¢ z ¢ z ¢ z ¢ z ¢ z ¢ w ¢ w ¢ ¢ ¢ w ¢ W ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ z z z z z z w z z z z z z z z z z Z z z z z F1 U U U_ LL U FL U OL O _C T✓ O p Z Z O �. 5 C z w� z ; O :° ¢ _... J Z O Y olf W p p _O z Z z U O„ L% LLJ W' Q W p p ¢ Q F- F- m Cn F- J ¢ Y J p x V¢ Q J Z m LL. Of U N W Q' W �' Z _j z U LL Z ¢ .. m LIU W LL. U) p z p oQ0 ¢ U W U U ¢¢ 2 O U p cr c Y ¢ m FY w p 11F LL, Z p W J Z } �-. U Z Y Y Z W W LL W = � co < Z LL- � W LL. U U p Z Z W Z ¢ Z F- U Z O O OU ¢¢ W Z¢ O O °ts CO Q W Q W J 0 Z m Z U U Cl) W 2 Z m CO Cn m Q m c7 Q O z O ¢ Q ( w U) = N JO V. C13 ¢ m a a 0 Q ¢¢ q0 � � of m a m O U U U U t4 CO O O� 0 U N O EXHIBIT 5 Pa3'1'8 _ 16 N N cu 3 .0 U Y c co m v s N Fz N U L m c 0 U cO U �L f0 CL N U U (D c LJ 7 U t9 t V, Y C (O H v 0 c v cu m o C> v 0 Cl) cli U ° CO o N Q o Q o W) U N N Cl) LO N O N O U O O N N N N O CO LO i M cU) 0c) Q Q °) U C v O Cl) O N C LO U Q N Q rn Q in o N Co o° c Q U ca m o N o 0 0 0 0 0 0 4 C Q :° CO f6 N C C 01 Q� F- r- r- V (U U C N N L() N N co Z -- (Q6 U N N N �-% N N N N O C N O) O O O O O Q O Q O O O O) O O � Q cu (n Q i O Q N N Q Q r'' Q CO C Q Q U Q Q C Q Q Q Q O � ¢ O U ° U rn a) U U� Z a U Q U U Q U U U U Q= � C o = c%j Q Q a cu- c Q m -� cd Z cd cd a cd C cd C U � c Q Q Q Q Q p.0 p p Q Q Q Q m Q Q Q Q cu cn � m U M c c M °> cO > c w m F- m 0 U ±v a Q r�i Q- c cd m cu m m m m Q m m> m m m m � Q (n c c w N > N to cA cA Q w (n U U m c c p m c6 c6 W w p p Q W F- F- F- F- Z F- F- F- F- w = p W c (n CO >> 2 p 2 cn (n U cn W N m m fn W w ca J F- F- Q Q F- F- F- O J J J J p J J J J rY >> Q (n O cn (n Q o af cn af w J 0 0 0 0 p O 0 0 0 p Q Q Z�� Z Z Z Z UQ Z Q Q Z W W W W F- U Lu Q (n W W W� U O m m Z O m in O O CO m m m m m m m m a> p O w O cn z z w z 3; z (n cn cn m m (n m (n (n m cr rl- o o O O o o v O O O M o z z z z O rl- O O et ao O O O O O LO M N N M M O oo CO CO � r-- r- rl- 00 O V LO CO CO CO � P- O O O O O O M = LO N N N N N N N M M co M M M M M M M M M M V �' � CO O z z Z z z z z z Z Z z Z Z z Z Z z z Z z Z z 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O 00 F- tq- qH 1q fq- Fq- 1q- QH 1q Fq- FQ- QH 14 qH Fq- qH Fq- Fq- qH Fq- 1q- F- 00000000000 0 0 0 0 0 0 0 0 0 00 m m rz m a m a m m a m a rz a s rz a a_ a a a o- O O O O O O O O O O O z O O O O O O O O O Z O O Z J J J J J J J J J J J Z J J J J J J J J J Z J J Z Q Q Q Q Q Q Q Q Q Q Q:D Q Q Q Q Q Q Q Q Q:D Q g n F- z z z z z z z z Z z z o z Z z z z z z z z o z z o Q Q Q Q Q Q Q Q Q Q Q w Q Q Q Q Q Q Q Q Q w Q Q w z z z z z z z z z z z W z z Z z z Z z z Z w z z w LL I LL I LL I LL I LL I LL I LL I LL LL LL U r� LL U ri LL Q Z Q `, z O O °D F- O z O o z M 0 w ti z p LO ZM F- z w F- m 0 ~� Y W Q z C) J 0 W CO W Z Y W m Q U U Q m Cl (n O -' Q (n m Q w w p U W F- Q Z W cn C7 _z Z W N W W } lwL W o2S 5 � Z > Q - O w LL LL. Z ZD LLI z z Q Z O U Q m (~i) w (n p Q U Z U to ~O z 0 z 0 Lu W N U) w (!n R' W U J J U z r�-i � �¢ m m U d O Page 2 of 2 31 B -17 z n 3r n � M � U A AV NI1S�1 i i 210 HaVd O111119V3 n � P Q� ?P t~n P yP ?`P CIO. AV ONVMJ ONVM°J U, M h � > Q Q Z 2 � � LL x Q .7 + j+ 0 C3 < co Z < y� o to c ON N N �>> CD Oz.J!0 =� ov minor m rn L L Q c cn M 06 W� �aonN yoYU n rn CU CD CD O C4 J N7 �.mW W C: O C 0 Q CD W A 00 V W m U N ) E C o LL O �7.f ` Z ,V 12 i< « A �vV L VDa OyLL 0C < CA N E C l0M N Qi �'' Q J — V N C O .>.. L R 0 W~ y < Gf E fn Z o CU to + ' L O O :E 75 C 'E ai C W O Q Q: S� UyC�L% �Y- �eZY y y V L u cp pc- to — W— E Z LL° ° E— a Y Q U W I � � i O =0LL U VUU c O'�3m7'm O I " N "' a "' " Nu- -a ° EXHIBIT 6 r- 1"0 Variance No. 2009 -03 October 12, 2009 Page 1 of 2 Findings of Fact - 1,000 foot separation requirement (deny) A. That because of special circumstance property, including size, shape, surroundings, the strict application of to deprive the subject property of variance with the intent and purpose chapter. s applicable to the subject topography, location or the zoning ordinance is found privileges not otherwise at of the provisions of this The subject site is located within 110 feet of an existing entitled check cashing facility which directly violates the purpose and intent of Ordinance No. NS -2412 which was to require a 1,000 foot separation between check cashing facilities in order to prevent their over - proliferation within the City's commercial areas. No special circumstances applicable to the subject project exist to justify the granting of this variance. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the ability to operate a check cashing business at this location; however, the property's location within the General Commercial (C -2) zoning district allows a variety of office and retail uses which are unconditionally permitted in this zone and similar in nature to the proposed use. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The Santa Ana Municipal Code was amended in 1999 to require a 1,000 foot separation between check cashing facilities as a way to prevent the over proliferation of this type of use and the potential for illicit activity associated with check cashing uses. The approval of this variance and subsequent conditional use permit has the potential to be detrimental to the public welfare in that by allowing a second check cashing facility within 1,000 feet of another facility will only increase the potential for illicit activity. EXHIBIT 7 Variance No. 2009 -03 October 12, 2009 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. Additionally, the approval of this variance and subsequent conditional use permit will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. 41- 1 Variance No. 2009 -05 October 12, 2009 Page 1 of 2 Findings of Fact - Building Setback (deny) A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The subject site is located within 110 feet of an existing entitled check cashing facility which directly violates the purpose and intent of Ordinance No. NS -2412 which was to require a 1,000 foot separation between check cashing facilities in order to prevent their over - proliferation within the City's commercial areas. The existing building may be utilized for a number of office and service uses without any additional discretionary actions. No special circumstances applicable to the subject project exist to justify the granting of this variance. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the ability to operate a check cashing business at this location; however, the property's location within the General Commercial (C -2) zoning district allows a variety of office and retail uses which are unconditionally permitted in this zone and similar in nature to the proposed use. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The Santa Ana Municipal Code was amended in 1999 to require a 1,000 foot separation between check cashing facilities as a way to prevent the over proliferation of this type of use and the potential for illicit activity associated with check cashing uses. The approval of this variance and subsequent conditional use permit has the potential to be detrimental to the public welfare in that by allowing a second check cashing facility within 1,000 feet of another facility will only increase the potential for illicit activity. EXHIBIT 8 31B -21 Variance No. 2009 -05 October 12, 2009 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. Additionally, the approval of this variance will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. I Variance No. 2009 -06 October 12, 2009 Page 1 of 2 Findings of Fact - Lot size requirement (deny) A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The subject site is located within 110 feet of an existing entitled check cashing facility which directly violates the purpose and intent of Ordinance No. NS -2412 which was to require a 1,000 foot separation between check cashing facilities in order to prevent their over - proliferation within the City's commercial areas. The existing building may be utilized for a number of office and service uses without any additional discretionary actions. No special circumstances applicable to the subject project exist to justify the granting of this variance. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the ability to operate a check cashing business at this location; however, the property's location within the General Commercial (C -2) zoning district allows a variety of office and retail uses which are unconditionally permitted in this zone and similar in nature to the proposed use. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The Santa Ana Municipal Code was amended in 1999 to require a 1,000 foot separation between check cashing facilities as a way to prevent the over proliferation of this type of use and the potential for illicit activity associated with check cashing uses. The approval of this variance and subsequent conditional use permit has the potential to be detrimental to the public welfare in that by allowing a second check cashing facility within 1,000 feet of another facility will only increase the potential for illicit activity. EXHIBIT 9 31 B -23 Variance No. 2009 -06 October 12, 2009 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. Additionally, the approval of this variance will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. 31 B -24 Variance No. 2009 -07 October 12, 2009 Page 1 of 2 Findings of Fact - Landscaping (deny) A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The subject site is located within 110 feet of an existing entitled check cashing facility which directly violates the purpose and intent of Ordinance No. NS -2412 which was to require a 1,000 foot separation between check cashing facilities in order to prevent their over - proliferation within the City's commercial areas. The existing building may be utilized for a number of office and service uses without any additional discretionary actions. No special circumstances applicable to the subject project exist to justify the granting of this variance. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the ability to operate a check cashing business at this location; however, the property's location within the General Commercial (C -2) zoning district allows a variety of office and retail uses which are unconditionally permitted in this zone and similar in nature to the proposed use. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The approval of this welfare by intensify into compliance with lack of landscaping the property which property values. variance will be detrimental to the public ing the use of the site without bringing it the minimum landscape standards. The sites contributes to the general degradation of has the potential to affect surrounding EXHIBIT 10 31 B -25 Variance No. 2009 -07 October 12, 2009 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. Additionally, the approval of this variance will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. Variance No. 2009 -09 October 12, 2009 Page 1 of 2 Findings of Fact - Parking (deny) A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The subject site is located within 110 feet of an existing entitled check cashing facility which directly violates the purpose and intent of Ordinance No. NS -2412 which was to require a 1,000 foot separation between check cashing facilities in order to prevent their over - proliferation within the City's commercial areas. The existing building may be utilized for a number of office and service uses without any additional discretionary actions. No special circumstances applicable to the subject project exist to justify the granting of this variance. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the ability to operate a check cashing business at this location; however, the property's location within the General Commercial (C -2) zoning district allows a variety of office and retail uses which are unconditionally permitted in this zone and similar in nature to the proposed use. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The Santa Ana Municipal Code was amended in 1999 to require a 1,000 foot separation between check cashing facilities as a way to prevent the over proliferation of this type of use and the potential for illicit activity associated with check cashing uses. The approval of this variance and subsequent conditional use permit has the potential to be detrimental to the public welfare in that by allowing a second check cashing facility within 1,000 feet of another facility will only increase the potential for illicit activity. Further, allowing an additional use on this site will further intensify the lack of off - street parking. EXHIBIT 11 31 B -27 Variance No. 2009 -09 October 12, 2009 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. Additionally, the approval of this variance will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. Conditional Use Permit No. 2009 -15 October 12, 2009 Page 1 of 2 Findings of Fact (Conditional Use Permit - Deny) A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The addition of another check cashing business in this area will not contribute to the general well being of the neighborhood or community. An Office of Planning and Research study regarding check cashing concluded that the average check cashing business patron will spend up to five percent of their annual income paying fees to cash checks when most commercial banks will offer this service for free or reduced rate. Additionally, there is another check cashing facility proposing to operate in the adjacent center and there are six other check cashing faculties within a one -mile radius of the proposed facility that offer similar or the same financial services. The existing check cashing facilities sufficiently meet Policy 2.2 of the Land Use Element which encourages commercial land uses in adequate amounts to accommodate the City's needs for goods and services. B. 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 conditional use permit for the check cashing business will be detrimental to persons residing or working in the area as check cashing establishments have been associated with a variety of illicit activities. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The check cashing business will negatively affect the economic stability of the surrounding area by adding a use that has been known to attract illicit activity. When the City Council modified the Santa Ana Municipal Code to allow check cashing facilities with a conditional use permit, one of the development standards was to require a 1,000 foot separation between facilities. This separation requirement was implemented as a result of concerns regarding the over proliferation of check cashing businesses and the potential for illicit activity that is associated with this use. ai9"R §" Conditional Use Permit No. 2009 -15 October 12, 2009 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed check cashing business does not meet several of the development standards specified in Chapter 41 of the Santa Ana Municipal Code including: lot size, parking, building setbacks, landscaping and separation requirements for check cashing facilities in the commercial zone. Variances from each of these standards will be required in order for the project to comply with Chapter 41 of the Municipal Code. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. Additionally, the approval of this variance and subsequent conditional use permit will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. bk:10/26/09 RESOLUTION NO. 2009 -11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2009 -15 AND VARIANCE NOS. 2009 -03, 2009 -05, 2009 -06, 2009 -07 AND 2009 -09 SEEKING TO ESTABLISH A NEW CHECK CASHING FACILITY FOR THE PROPERTY LOCATED AT 1647 EAST FIRST STREET, SUITE A BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of a variance to city standards needed to establish a new check cashing facility at 1647 East First Street, Suite A. B. Variance No. 2009 -03, came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on August 24, 2009. Following public testimony, the matter was continued by the Planning Commission to October 12, 2009, and staff was directed to return at that time with all needed discretionary actions. C. Conditional Use Permit No. 2009 -15 and Variance Nos. 2009 -03, 2009 -05, 2009 -06, 2009 -07 and 2009 -09 have been filed with the City of Santa Ana seeking a variance to city standards, specifically the standard that check cashing facilities must be located at least 1,000 feet apart, needed to establish a new check cashing facility at 1647 East First Street, Suite A. Section 41 -374.5 of the Santa Ana Municipal Code requires a minimum separation of 1,000 feet between check cashing facilities, as measured from property line to property line. The proposed site is 110 feet from a site with an approved conditional use permit to operate as a check cashing facility. In addition, the property has a number of non - conformities for which the applicant is seeking several variances from the Municipal Code's development standards for C -2 properties. These variances include minimum lot size, building setbacks, landscaping and parking. Finally, the applicant is seeking a conditional use permit in order to allow a check cashing facility at the subject property. D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a variance to the 1,000 foot separation requirement between check cashing facilities upon making certain findings. Resolution No. 2009 -11 Page 1 of 9 31B -31 That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The subject site is located within 110 feet of an existing entitled check cashing facility which directly violates the purpose and intent of Ordinance No. NS -2412 which was to require a 1,000 foot separation between check cashing facilities in order to prevent their over - proliferation within the City's commercial areas. No special circumstances applicable to the subject project exist to justify the granting of this variance. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the ability to operate a check cashing business at this location; however, the property's location within the General Commercial (C -2) zoning district allows a variety of office and retail uses which are unconditionally permitted in this zone and similar in nature to the proposed use. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The Santa Ana Municipal Code was amended in 1999 to require a 1,000 foot separation between check cashing facilities as a way to prevent the over proliferation of this type of use and the potential for illicit activity associated with check cashing uses. The approval of this variance and subsequent conditional use permit has the potential to be detrimental to the public welfare in that by allowing a second check cashing facility within 1,000 feet of another facility will only increase the potential for illicit activity. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. Resolution No. 2009 -11 Page 2 of 9 Additionally, the approval of this variance and subsequent conditional use permit will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. E. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a variance to the building setback requirement for check cashing facilities upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The subject site is located within 110 feet of an existing entitled check cashing facility which directly violates the purpose and intent of Ordinance No. NS -2412 which was to require a 1,000 foot separation between check cashing facilities in order to prevent their over - proliferation within the City's commercial areas. The existing building may be utilized for a number of office and service uses without any additional discretionary actions. No special circumstances applicable to the subject project exist to justify the granting of this variance. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the ability to operate a check cashing business at this location; however, the property's location within the General Commercial (C -2) zoning district allows a variety of office and retail uses which are unconditionally permitted in this zone and similar in nature to the proposed use. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The Santa Ana Municipal Code was amended in 1999 to require a 1,000 foot separation between check cashing facilities as a way to prevent the over proliferation of this type of use and the potential for illicit activity associated with check cashing uses. The approval of this variance and subsequent conditional use permit has the potential to be detrimental to the public welfare in that by allowing a second Resolution No. 2009 -11 Page 3 of 9 check cashing facility within 1,000 feet of another facility will only increase the potential for illicit activity. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. Additionally, the approval of this variance will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. F. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a variance to the landscape standards for check cashing facilities upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The subject site is located within 110 feet of an existing entitled check cashing facility which directly violates the purpose and intent of Ordinance No. NS -2412 which was to require a 1,000 foot separation between check cashing facilities in order to prevent their over - proliferation within the City's commercial areas. The existing building may be utilized for a number of office and service uses without any additional discretionary actions. No special circumstances applicable to the subject project exist to justify the granting of this variance. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the ability to operate a check cashing business at this location; however, the property's location within the General Commercial (C -2) zoning district allows a variety of office and retail uses which are unconditionally permitted in this zone and similar in nature to the proposed use. Resolution No. 2009 -11 Page 4 of 9 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The approval of this variance will be detrimental to the public welfare by intensifying the use of the site without bringing it into compliance with the minimum landscape standards. The sites lack of landscaping contributes to the general degradation of the property which has the potential to affect surrounding property values. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. Additionally, the approval of this variance will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. G. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a variance to the parking standards for check cashing facilities upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The subject site is located within 110 feet of an existing entitled check cashing facility which directly violates the purpose and intent of Ordinance No. NS -2412 which was to require a 1,000 foot separation between check cashing facilities in order to prevent their over - proliferation within the City's commercial areas. The existing building may be utilized for a number of office and service uses without any additional discretionary actions. No special circumstances applicable to the subject project exist to justify the granting of this variance. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the ability to operate a check cashing business at this location; however, Resolution No. 2009 -11 Page 5 of 9 31 B -35 H the property's location within the General Commercial (C -2) zoning district allows a variety of office and retail uses which are unconditionally permitted in this zone and similar in nature to the proposed use. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The Santa Ana Municipal Code was amended in 1999 to require a 1,000 foot separation between check cashing facilities as a way to prevent the over proliferation of this type of use and the potential for illicit activity associated with check cashing uses. The approval of this variance and subsequent conditional use permit has the potential to be detrimental to the public welfare in that by allowing a second check cashing facility within 1,000 feet of another facility will only increase the potential for illicit activity. Further, allowing an additional use on this site will further intensify the lack of off - street parking. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. Additionally, the approval of this variance will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. 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 addition of another check cashing business in this area will not contribute to the general well being of the neighborhood or community. An Office of Planning and Research study regarding check cashing concluded that the average check cashing business patron will spend up to five percent of their annual income paying fees to cash checks when most commercial banks will offer this service for free or reduced rate. Additionally, there is another check cashing facility proposing to operate in the adjacent center Resolution No. 2009 -11 Page 6 of 9 and there are six other check cashing faculties within a one -mile radius of the proposed facility that offer similar or the same financial services. The existing check cashing facilities sufficiently meet Policy 2.2 of the Land Use Element which encourages commercial land uses in adequate amounts to accommodate the City's needs for goods and services. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed conditional use permit for the check cashing business will be detrimental to persons residing or working in the area as check cashing establishments have been associated with a variety of illicit activities. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The check cashing business will negatively affect the economic stability of the surrounding area by adding a use that has been known to attract illicit activity. When the City Council modified the Santa Ana Municipal Code to allow check cashing facilities with a conditional use permit, one of the development standards was to require a 1,000 foot separation between facilities. This separation requirement was implemented as a result of concerns regarding the over proliferation of check cashing businesses and the potential for illicit activity that is associated with this use. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed check cashing business does not meet several of the development standards specified in Chapter 41 of the Santa Ana Municipal Code including: lot size, parking, building setbacks, landscaping and separation requirements for check cashing facilities in the commercial zone. Variances from each of these standards will be required in order for the project to comply with Chapter 41 of the Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2009 -11 Page 7 of 9 31 B -37 The granting of the variance will adversely affect the City's General Plan by opposing several of the General Plan Land Use policies, including Policy 2.2 by allowing an additional conditionally permitted use in an area which is already accommodated by an adequate amount of banking services. Additionally, the approval of this variance and subsequent conditional use permit will oppose Land Use Policy 2.9 which supports developments that create a business environment that is safe and attractive, while check cashing facilities have been known historically to be locations of illicit activity. In accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 21080(5). This subsection applies to projects in which the public agency disapproves of the request. Should the project ultimately be approved, further environmental review may be required. Environmental Review No. 2009 -102 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing and being fully advised, hereby denies Conditional Use Permit No. 2009 -15 and Variance Nos. 2009 -03, 2009 -05, 2009 -06, 2009 -07 and 2009 -09 for the property located at 1647 East First Street, Suite A. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Requests for Planning Commission Action dated August 24, 2009 and October 12, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of October, 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Turner (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Yrarrazaval (1) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman Resolution No. 2009 -11 Page 8 of 9 .1 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009 -11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 12, 2009. Date: Planning Commission Secretary City of Santa Ana Awwwri Resolution No. 2009 -11 Page 9 of 9 'J REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: November 2, 2009 TITLE FINANCING RELATED TO PROPOSITION lA SECURITIZATION PROGRAM CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the execution of a purchase and sale agreement for the City of Santa Ana Proposition lA receivables from the State of California and approving all related documents and actions. DISCUSSION Over the past decade, the State's approach to addressing its own fiscal crisis has resulted in a loss of millions of dollars in city revenues such as vehicle license fees (VLF), property taxes, and mandated reimbursements. In 2004, California voters passed Proposition lA to protect local government revenues thereby safeguarding funding for public safety, libraries, parks and other city services. Although Proposition lA contains revenue protection provisions, these provisions can be temporarily suspended if the Governor declares a fiscal emergency and the Legislature enacts an urgency statute and law providing for full repayment of the borrowed funds, plus interest within three years. As part of the State of California 2009 -2010 budget package, the emergency suspension of Proposition lA was passed by the Legislature and signed by the Governor on July 28, 2009. Under the provision, the State will borrow eight percent (8 %) of the amount of property tax revenue apportioned to cities, counties and special districts. They are required to repay these obligations plus interest by June 30, 2013. The total amount the State borrowed from the City of Santa Ana is estimated at $5.5 million. Recognizing the budget crisis many cities are facing, the Legislature enacted a bill which permits the sale of property tax receivables though a securitization program to assist cities in this payment. 55A -1 Financing Related to Proposition lA Securitization Program November 2, 2009 The California Statewide Communities Development Authority (also known as California Communities) is a joint powers authority that developed the Proposition lA Securitization Program. The Authority issues bonds to purchase Proposition lA property tax receivables from cities, counties and special districts. The program enables local governments to sell their property tax receivables and receive bond proceeds in two installments (January and May 2010) equivalent to 100% of the local agency's property tax reduction. The sale of the receivable provides immediate cash relief, mitigates the risk to the City as local agencies will have no obligation on the bonds, establishes the amount as debt for the State in the financial marketplace and all costs of financing borne by the State. Currently 1,178 agencies in California have enrolled in this program. FISCAL IMPACT All transaction costs of issuance and interest associated with the securitization program will be paid by the State of California. Approval of the recommended action will generate an estimated $5.5 million in revenue during fiscal year 2009 -2010 and will be dedicated to addressing the revenue shortfall associated with the suspension of local agency revenue protection provided under Proposition 1A. Funds from this transaction will be deposited in the general fund revenue account (account nos. 01102002 -50011 and 01102002- 50020). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency# - 55A -2 Jwf 10 -19 -09 RESOLUTION NO. 2009 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. 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. Pursuant to Section 25.5 of Article XIII of the California Constitution and Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended (the "Act "), certain local agencies within the State of California (the "State ") are entitled to receive certain payments to be made by the State on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009 -10 fiscal year (the "Reimbursement Payments "), which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code; B. The City of Santa Ana, a local agency within the meaning of Section 6585(f) of the California Government Code (the "Seller "), is entitled to and has determined to sell all right, title and interest of the Seller in and to its "Proposition 1A receivable ", as defined in Section 6585(g) of the California Government Code (the "Proposition 1A Receivable "), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article X111 of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund public capital improvements or working capital; C. The Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require; D. The California Statewide Communities Development Authority, a joint exercise of powers authority organized and existing under the laws of the State (the "Purchaser "), has been authorized pursuant to Section 6588(x) Resolution No. 2009 -XXX 55A -3 Page 1 of 4 of the California Government Code to purchase the Proposition 1A Receivable; E. The Purchaser desires to purchase the Proposition 1A Receivable and the Seller desires to sell the Proposition 1A Receivable pursuant to a purchase and sale agreement by and between the Seller and the Purchaser in the form presented to this City Council (the "Sale Agreement ") for the purposes set forth herein; F. In order to finance the purchase price of the Proposition 1A Receivable from the Seller and the purchase price of other Proposition 1A Receivables from other local agencies, the Purchaser will issue its bonds (the "Bonds ") pursuant to Section 6590 of the California Government Code and an Indenture (the "Indenture "), by and between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee "), which Bonds will be payable solely from the proceeds of the Seller's Proposition 1A Receivable and other Proposition 1A Receivables sold to the Purchaser by local agencies in connection with the issuance of the Bonds; G. The Seller acknowledges that (i) any transfer of its Proposition 1A Receivable to the Purchaser pursuant to the Sale Agreement shall be treated as an absolute sale and transfer of the property so transferred and not as a pledge or grant of a security interest by City of Santa Ana to secure a borrowing, (ii) any such sale of its Proposition 1A Receivable to the Purchaser shall automatically be perfected without the need for physical delivery, recordation, filing or further act, (iii) the provisions of Division 9 (commencing with Section 9101) of the California Commercial Code and Sections 954.5 to 955.1 of the California Civil Code, inclusive, shall not apply to the sale of its Proposition 1A Receivable, and (iv) after such transfer, the Seller shall have no right, title, or interest in or to the Proposition 1A Receivable sold to the Purchaser and the Proposition 1A Receivable will thereafter be owned, received, held and disbursed only by the Purchaser or a trustee or agent appointed by the Purchaser; H. The Seller acknowledges that the Purchaser will grant a security interest in the Proposition 1A Receivable to the Trustee and any credit enhancer to secure payment of the Bonds; A portion of the proceeds of the Bonds will be used by the Purchaser to, among other things, pay the purchase price of the Proposition 1A Receivable; J. The Seller will use the proceeds received from the sale of the Proposition 1A Receivable for any lawful purpose as permitted under the applicable laws of the State; Resolution No. 2009 -XXX Page 2 of 4 55A -4 Section 2. All of the recitals set forth above are true and correct, and this City Council hereby so finds and determines. Section 3. The City Manager and the Finance Director are hereby designated as Authorized Officers for purposes of this Resolution. Section 4. The Seller hereby authorizes the sale of the Proposition 1A Receivable to the Purchaser for a price equal to the amount certified as the Initial Amount (as defined in the Sale Agreement) by the County auditor pursuant to the Act. The form of Sale Agreement presented to the City Council is hereby approved. An Authorized Officer is hereby authorized and directed to execute and deliver the Sale Agreement on behalf of the Seller, with such non - substantive changes as may be approved by the City Attorney. Section 5. Any Authorized Officer is hereby authorized and directed to send, or to cause to be sent, an irrevocable written instruction to the State Controller (the "Irrevocable Written Instruction ") notifying the State of the sale of the Proposition 1A Receivable and instructing the disbursement pursuant to Section 6588.6(c) of California Government Code of the Proposition 1A Receivable to the Trustee, on behalf of the Purchaser, which Irrevocable Written Instruction shall be in the form presented at this meeting, with such non - substantive changes as may be approved by the City Attorney. Section 6. The Authorized Officers and such other Seller officers, as appropriate, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents, including but not limited to, if required, appropriate escrow instructions relating to the delivery into escrow of executed documents prior to the closing of the Bonds, and such other documents mentioned in the Sale Agreement or the Indenture, which any of them may deem necessary or desirable in order to implement the Sale Agreement and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution; and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 7. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the sale of the Proposition 1A Receivable or the issuance of the Bonds, including without limitation any of the foregoing that may be necessary or desirable in connection with any default under or amendment of such documents, may be given or taken by an Authorized Officer without further authorization by this City Council, and each Authorized Officer is hereby authorized and directed to give any such consent, approval, notice, order or request, to execute any necessary or appropriate documents or amendments, and to take any such action that such Authorized Officer may deem necessary or desirable to further the purposes of this Resolution. Section 8. The City Council acknowledges that, upon execution and delivery of the Sale Agreement, the Seller is contractually obligated to sell the Proposition 1A 55A -5 Resolution No. 2009 -XXX Page 3 of 4 Receivable to the Purchaser pursuant to the Sale Agreement and the Seller shall not have any option to revoke its approval of the Sale Agreement or to determine not to perform its obligations thereunder. 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 day of , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2009 -XXX Page 4 of 4 Clerk of the Council City of Santa Ana M 1 CITY OF SANTA, ANA, CALIFORNIA, as Seller and CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser PURCHASE AND SALE AGREEMENT Dated as of November 1, 2009 E -1 55A -7 TABLE OF CONTENTS Page 1. DEFINITIONS AND INTERPRETATION ....................................... ............................... 2 2. AGREEMENT TO SELL AND PURCHASE; CONDITIONS PRECEDENT ................ 2 3. PURCHASE PRICE, CONVEYANCE OF PROPOSITION IA RECEIVABLE AND PAYMENT OF PURCHASE PRICE ....................................... ............................... 3 4. REPRESENTATIONS AND WARRANTIES OF THE PURCHASER .......................... 4 5. REPRESENTATIONS AND WARRANTIES OF THE SELLER .... ............................... 5 6. COVENANTS OF THE SELLER ...................................................... ............................... 7 7. THE PURCHASER'S ACKNOWLEDGMENT ................................ ............................... 9 8. NOTICES OF BREACH .................................................................... ............................... 9 9. LIABILITY OF SELLER; INDEMNIFICATION ............................. ............................... 9 10. LIMITATION ON LIABILITY ....................................................... ............................... 10 11. THE SELLER'S ACKNOWLEDGMENT ....................................... ............................... 10 12. NOTICES ............................................................................................ .............................10 13. AMENDMENTS .............................................................................. ............................... 10 14. SUCCESSORS AND ASSIGNS ...................................................... ............................... 10 15. THIRD PARTY RIGHTS ................................................................. ............................... 11 16. PARTIAL INVALIDITY ................................................................. ............................... 11 17. COUNTERPARTS ........................................................................... ............................... 11 18. ENTIRE AGREEMENT ................................................................... ............................... 11 19. GOVERNING LAW ......................................................................... ............................... 12 EXHIBITA — DEFINITIONS .................................................................... ............................... A -1 EXHIBIT B 1 — OPINION OF SELLER'S COUNSEL ............................ ............................... BI-1 EXHIBIT B2 — BRINGDOWN OPINION OF SELLER'S COUNSEL .. ............................... B2 -1 EXHIBIT C 1 — CLERK'S CERTIFICATE .............................................. ............................... Cl-1 EXHIBIT C2 — SELLER CERTIFICATE ................................................ ............................... C2 -1 EXHIBIT C3 — BILL OF SALE AND BRINGDOWN CERTIFICATE . ............................... 0-1 EXHIBIT D — IRREVOCABLE INSTRUCTIONS TO CONTROLLER . ............................... D -1 EXHIBIT E — ESCROW INSTRUCTION LETTER ................................. ............................... E -1 11 A;Lllm'i PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT, dated as of November 1, 2009 (this "Agreement'), is entered into by and between: (1) CITY OF SANTA ANA, a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code (the "Seller "); and (2) CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the State of California (the "Purchaser "). RECITALS A. Pursuant to Section 25.5 of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, local agencies within the meaning of Section 6585(f) of the California Government Code are entitled to receive certain payments to be made by the State of California (the "State ") on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009 -10 fiscal year, which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code. B. The Seller is the owner of the Proposition IA Receivable (as defined below) and is entitled to and has determined to sell all right, title and interest in and to the Proposition IA receivable, namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund any lawful purpose as permitted under the applicable laws of the State. C. The Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require. D. The Purchaser, a joint exercise of powers authority organized and existing under the laws of the State, has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition IA Receivable. E. The Seller is willing to sell, and the Purchaser is willing to purchase, the Proposition IA Receivable upon the terms specified in this Agreement. F. Pursuant to its Proposition IA Receivable Financing Program (the "Program "), the Purchaser will issue its bonds (the "Bonds ") pursuant to an Indenture (the "Indenture "), between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee "), and will use a portion of the proceeds thereof to purchase the Proposition IA Receivable from the Seller. G. The Purchaser will grant a security interest in such Proposition IA Receivable to the Trustee and each Credit Enhancer to secure the Bonds. .-1 AGREEMENT NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants herein contained, the parties hereto hereby agree as follows: 1. Definitions and Interpretation. (a) For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in Exhibit A attached hereto and which is incorporated by reference herein. (b) The words "hereof," "herein," "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; section and exhibits references contained in this Agreement are references to sections and exhibits in or to this Agreement unless otherwise specified; and the term "including" shall mean "including without limitation." (c) Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time may be amended, modified or supplemented and includes (in the case of agreements or instruments) references to all attachments and exhibits thereto and instruments incorporated therein; and any references to a Person are also to its permitted successors and assigns. 2. Agreement to Sell and Purchase; Conditions Precedent. (a) The Seller agrees to sell, and the Purchaser agrees to purchase, on the Closing Date, for an amount equal to the Purchase Price, all right, title and interest of the Seller in and to the "Proposition IA receivable" as defined in Section 6585(g) of the California Government Code (the "Proposition IA Receivable "), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. The Purchase Price shall be paid by the Purchaser to the Seller in two equal cash installment payments, without interest (each, an "Installment Payment" and, collectively, the "Installment Payments "), on January 15, 2010, and May 3, 2010 (each a "Payment Date" and, collectively, the "Payment Dates "). The Purchaser shall pay the Purchase Price by wire transfer pursuant to wire instructions provided by the Seller to the Trustee by e -mail to john.deleray @wellsfargo.com or by facsimile to 213- 614 -3355, Attention: John Deleray. If wire instructions are not provided to the Trustee (or if such wire instructions are invalid) payment will be made by check mailed to the Seller's Principal Place of Business. (b) The performance by the Purchaser of its obligations hereunder shall be conditioned upon: (i) Transaction Counsel receiving on or before the date the Bonds are sold (the "Pricing "), to be held in escrow until the Closing Date and then delivered to the Purchaser on the Closing Date, the following documents 0 55A -10 duly executed by the Seller or its counsel, as applicable: (1) an opinion of counsel to the Seller dated the Pricing Date in substantially the form attached hereto as Exhibit B1, (2) certificates dated the Pricing Date in substantially the forms attached hereto as Exhibit Cl and Exhibit C2, (3) irrevocable instructions to the Controller dated as of the Closing Date in substantially the form attached hereto as Exhibit D, (4) this Agreement, (5) a certified copy of the resolution of the Seller's City Council approving this Agreement, the transactions contemplated hereby and the documents attached hereto as exhibits, and (6) an escrow instruction letter in substantially the form attached hereto as Exhibit E; (ii) Transaction Counsel receiving on or before the Pricing Date, (1) a bringdown opinion of counsel to the Seller dated as of the Closing Date in substantially the form attached hereto as Exhibit B2, and (2) a bill of sale and bringdown certificate of the Seller (the "Bill of Sale ") in substantially the form attached hereto as Exhibit C3; provided that the Purchaser may waive, in its sole discretion, the requirements of Section 2(b)(ii)(1); (iii) the Purchaser issuing Bonds in an amount which will be sufficient to pay the Purchase Price; and (iv) the receipt by the Purchaser of a certification of the County Auditor confirming the Initial Amount of the Proposition lA Receivable pursuant to the Act. (c) The performance by the Seller of its obligations hereunder shall be conditioned solely upon the Purchaser's issuance of the Bonds its execution and delivery of this Agreement, pursuant to which it is legally obligated to pay the Installment Payments to the Seller on the Payment Dates as set forth in this Agreement, and no other act or omission on the part of the Purchaser or any other party shall excuse the Seller from performing its obligations hereunder. Seller specifically disclaims any right to rescind this Agreement, or to assert that title to the Proposition lA Receivable has not passed to the Purchaser, should Purchaser fail to make Installment Payments in the requisite amounts on the Payment Dates. 3. Purchase Price, Conveyance of Proposition 1A Receivable and Payment of Purchase Price. (a) Upon pricing of the Bonds by the Purchaser, the Purchaser will inform the Seller that it will pay the Purchase Price in Installment Payments on the Payment Dates. (b) In consideration of the Purchaser's agreement to pay and deliver to the Seller the Installment Payments on the Payment Dates, the Seller agrees to (i) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided herein, and the Purchaser agrees to purchase, accept and receive, the Proposition IA Receivable, and (ii) assign to the Purchaser, to the extent permitted by law, all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition IA Receivable pursuant to the Act and other 55A -11 applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition IA Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. This is the statement referred to in Sections 6588.6(b) and (c) of the California Government Code. 4. Representations and Warranties of the Purchaser. The Purchaser represents and warrants to the Seller, as of the date hereof, as follows: (a) The Purchaser is duly organized, validly existing and in good standing under the laws of the State of California. (b) The Purchaser has full power and authority to enter into this Agreement and to perform its obligations hereunder and has duly authorized such purchase and assignment of the Proposition I Receivable by the Purchaser by all necessary action. (c) Neither the execution and delivery by the Purchaser of this Agreement, nor the performance by the Purchaser of its obligations hereunder, shall conflict with or result in a breach or default under any of its organizational documents, any law, rule, regulation, judgment, order or decree to which it is subject or any agreement or instrument to which it is a party. (d) To the best of the knowledge of the Purchaser, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Purchaser affecting the existence of the Purchaser or the titles of its commissioners or officers, or seeking to restrain or to enjoin the purchase of the Proposition IA Receivable or to direct the application of the proceeds of the purchase thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Purchaser contemplated by any of said documents, or in any way contesting the powers of the Purchaser or its authority with respect to the Transaction Documents to which it is a parry or any other applicable agreement, or any action on the part of the Purchaser contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Purchaser from purchasing the Proposition IA Receivable or which if determined adversely to the Purchaser would have an adverse effect upon the Purchaser's ability to purchase the Proposition IA Receivable, nor to the knowledge of the Purchaser is there any basis therefor. (e) This Agreement, and its execution, delivery and performance hereof have been duly authorized by it, and this Agreement has been duly executed and delivered by it and constitutes its valid and binding obligation enforceable against it in accordance with the terms hereof, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (f) The Purchaser is a separate legal entity, acting solely through its authorized representatives, from the Seller, maintaining separate records, books of account, assets, bank accounts and funds, which are not and have not been commingled with those of the Seller. 4 55A -12 (g) All approvals, consents, authorizations, elections and orders of or flings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the purchase by the Purchaser of the Proposition IA Receivable or the performance by the Purchaser of its obligations under the Transaction Documents to which it is a parry and any other applicable agreements, have been obtained and are in full force and effect. (h) Insofar as it would materially adversely affect the Purchaser's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Purchaser is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Purchaser, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the execution and delivery by the Purchaser of the Transaction Documents to which it is a party, and compliance by the Purchaser with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Purchaser a breach of or default under any agreement or other instrument to which the Purchaser is a parry or by which it is bound or any existing law, regulation, court order or consent decree to which the Purchaser is subject. 5. Representations and Warranties of the Seller. The Seller hereby represents and warrants to the Purchaser, as of the date hereof, as follows: (a) The Seller is a local agency within the meaning of Section 6585(f) of the California Government Code, with full power and authority to execute and deliver this Agreement and to carry out its terms. (b) The Seller has full power, authority and legal right to sell and assign the Proposition I Receivable to the Purchaser and has duly authorized such sale and assignment to the Purchaser by all necessary action; and the execution, delivery and performance by the Seller of this Agreement has been duly authorized by the Seller by all necessary action. (c) This Agreement has been, and as of the Closing Date the Bill of Sale will have been, duly executed and delivered by the Seller and, assuming the due authorization, execution and delivery of this Agreement by the Purchaser, each of this Agreement and the Bill of Sale constitutes a legal, valid and binding obligation of the Seller enforceable in accordance with its terms, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (d) All approvals, consents, authorizations, elections and orders of or flings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the sale by the Seller of the Proposition lA Receivable or the performance by the Seller of its 55A -13 obligations under the Resolution and the Transaction Documents to which it is a parry and any other applicable agreements, have been obtained and are in full force and effect. (e) Insofar as it would materially adversely affect the Seller's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Seller is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Seller, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the adoption of the Resolution and the execution and delivery by the Seller of the Transaction Documents to which it is a party, and compliance by the Seller with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Seller a breach of or default under any agreement or other instrument to which the Seller is a parry or by which it is bound or any existing law, regulation, court order or consent decree to which the Seller is subject. (f) To the best of the knowledge of the Seller, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller affecting the existence of the Seller or the titles of its City Cot `I members or officers to their respective offices, or seeking to restrain or to enjoin the sale of the Proposition 1 A Receivable or to direct the application of the proceeds of the sale thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents, or in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Transaction Documents to which it is a party or any other applicable agreement, or any action on the part of the Seller contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Seller from selling the Proposition 1A Receivable or which if determined adversely to the Seller would have an adverse effect upon the Seller's ability to sell the Proposition IA Receivable, nor to the knowledge of the Seller is there any basis therefor. (g) Prior to the sale of the Proposition IA Receivable to the Purchaser, the Seller was the sole owner of the Proposition I Receivable, and has such right, title and interest to the Proposition IA Receivable as provided in the Act. From and after the conveyance of the Proposition IA Receivable by the Seller to Purchaser on the Closing Date, the Seller shall have no right, title or interest in or to the Proposition IA Receivable. Except as provided in this Agreement, the Seller has not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Proposition IA Receivable, nor has the Seller created, or to the best knowledge of the Seller permitted the creation of, any lien, pledge, security interest or any other encumbrance (a "Lien ") thereon. Prior to the sale of the Proposition IA Receivable to the Purchaser, the Seller held title to the Proposition lA Receivable free and clear of any Liens. As of the Closing Date, this Agreement, together with the Bill of Sale, constitutes a valid and absolute sale to the Buyer of all of the Seller's right, title and interest in and to the Proposition IA Receivable. 0 55A -14 (h) The Seller acts solely through its authorized officers or agents. (i) The Seller maintains records and books of account separate from those of the Purchaser. 0) The Seller maintains its respective assets separately from the assets of the Purchaser (including through the maintenance of separate bank accounts); the Seller's funds and assets, and records relating thereto, have not been and are not commingled with those of the Purchaser. (k) The Seller's principal place of business and chief executive office is located at 20 CWjc Centa- F,14=, Ana, CA 92702. (1) The aggregate amount of the Installment Payments is reasonably equivalent value for the Proposition IA Receivable. The Seller acknowledges that the amount payable to or on behalf of the Purchaser by the State with respect to the Proposition IA Receivable will be in excess of the Purchase Price and the Initial Amount of the Proposition IA Receivable and confirms that it has no claim to any such excess amount whatsoever. (m) The Seller does not act as an agent of the Purchaser in any capacity, but instead presents itself to the public as an entity separate from the Purchaser. (n) The Seller has not guaranteed and shall not guarantee the obligations of the Purchaser, nor shall it hold itself out or permit itself to be held out as having agreed to pay or as being liable for the debts of the Purchaser; and the Seller has not received nor shall the Seller accept any credit or financing from any Person who is relying upon the availability of the assets of the Purchaser in extending such credit or financing. The Seller has not purchased and shall not purchase any of the Bonds or any interest therein. (o) All transactions between or among the Seller, on the one hand, and the Purchaser on the other hand (including, without limitation, transactions governed by contracts for services and facilities, such as payroll, purchasing, accounting, legal and personnel services and office space), whether existing on the date hereof or entered into after the date hereof, shall be on terms and conditions (including, without limitation, terms relating to amounts to be paid thereunder) which are believed by each such parry thereto to be both fair and reasonable and comparable to those available on an arms- length basis from Persons who are not affiliates. (p) The Seller has not, under the provisions of Section 100.06(b) of the California Revenue and Taxation Code, received a reduction for hardship or otherwise, nor has it requested, made arrangements for, or completed a reallocation or exchange with any other local agency, of the total amount of the ad valorem property tax revenue reduction allocated to the Seller pursuant to Section 100.06(a) of the California Revenue and Taxation Code. 6. Covenants of the Seller. (a) The Seller shall not take any action or omit to take any action which adversely affects the interests of the Purchaser in the Proposition 1A Receivable and in the proceeds thereof. The Seller shall not take any action or omit to take any action that shall adversely affect 55A -15 the ability of the Purchaser, and any assignee of the Purchaser, to receive payments of the Proposition I Receivable. (b) The Seller shall not take any action or omit to take any action that would impair the validity or effectiveness of the Act, nor, without the prior written consent of the Purchaser or its assignees, agree to any amendment, modification, termination, waiver or surrender of, the terms of the Act, or waive timely performance or observance under the Act. Nothing in this agreement shall impose a duty on the Seller to seek to enforce the Act or to seek enforcement thereof by others, or to prevent others from modifying, terminating, discharging or impairing the validity or effectiveness of the Act. (c) Upon request of the Purchaser or its assignee, (i) the Seller shall execute and deliver such further instruments and do such further acts (including being named as a plaintiff in an appropriate proceeding) as may be reasonably necessary or proper to carry out more effectively the purposes and intent of this Agreement and the Act, and (ii) the Seller shall take all actions necessary to preserve, maintain and protect the title of the Purchaser to the Proposition IA Receivable. (d) On or before the Closing Date, the Seller shall send (or cause to be sent) an irrevocable instruction to the Controller pursuant to Section 6588.6(c) of California Government Code to cause the Controller to disburse all payments of the Proposition IA Receivable to the Trustee, together with notice of the sale of the Proposition IA Receivable to the Purchaser and the assignment of all or a portion of such assets by the Purchaser to the Trustee. Such notice and instructions shall be in the form of Exhibit D hereto. The Seller shall not take any action to revoke or which would have the effect of revoking, in whole or in part, such instructions to the Controller. Upon sending such irrevocable instruction, the Seller shall have relinquished and waived any control over the Proposition IA Receivable, any authority to collect the Proposition IA Receivable, and any power to revoke or amend the instructions to the Controller contemplated by this paragraph. Except as provided in Section 2(c) of this Agreement, the Seller shall not rescind, amend or modify the instruction described in the first sentence of this paragraph. The Seller shall cooperate with the Purchaser or its assignee in giving instructions to the Controller if the Purchaser or its assignee transfers the Proposition IA Receivable. In the event that the Seller receives any proceeds of the Proposition IA Receivable, the Seller shall hold the same in trust for the benefit of the Purchaser and the Trustee and each Credit Enhancer, as assignees of the Purchaser, and shall promptly remit the same to the Trustee. (e) The Seller hereby covenants and agrees that it will not at any time institute against the Purchaser, or join in instituting against the Purchaser, any bankruptcy, reorganization, arrangement, insolvency, liquidation, or similar proceeding under any United States or state bankruptcy or similar law. (f) The financial statements and books and records of the Seller prepared after the Closing Date shall reflect the separate existence of the Purchaser and the sale to the Purchaser of the Proposition I Receivable. (g) The Seller shall treat the sale of the Proposition IA Receivable as a sale for regulatory and accounting purposes. 55A -16 (h) From and after the date of this Agreement, the Seller shall not sell, transfer, assign, set over or otherwise convey any right, title or interest of any kind whatsoever in all or any portion of the Proposition IA Receivable, nor shall the Seller create, or to the knowledge of the Seller permit the creation of, any Lien thereon. 7. The Purchaser's Acknowledgment. The Purchaser acknowledges that the Proposition lA Receivable is not a debt or liability of the Seller, and that the Proposition IA Receivable is payable solely by the State from the funds of the State provided therefor. Consequently, neither the taxing power of the Seller, nor the full faith and credit thereof is pledged to the payment of the Proposition IA Receivable. No representation is made by the Seller concerning the obligation or ability of the State to make any payment of the Proposition IA Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any representation made with respect to the ability of the State to enact any change in the law applicable to the Transaction Documents (including without limitation Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). The Purchaser acknowledges that the Seller has no obligation with respect to any offering document or disclosure related to the Bonds. 8. Notices of Breach. (a) Upon discovery by the Seller or the Purchaser that the Seller or Purchaser has breached any of its covenants or that any of the representations or warranties of the Seller or the Purchaser are materially false or misleading, in a manner that materially and adversely affects the value of the Proposition lA Receivable or the Purchase Price thereof, the discovering party shall give prompt written notice thereof to the other parry and to the Trustee, as assignee of the Purchaser, who shall, pursuant to the Indenture, promptly thereafter notify each Credit Enhancer and the Rating Agencies. (b) The Seller shall not be liable to the Purchaser, the Trustee, the holders of the Bonds, or any Credit Enhancer for any loss, cost or expense resulting from the failure of the Trustee, any Credit Enhancer or the Purchaser to promptly notify the Seller upon the discovery by an authorized officer of the Trustee, any Credit Enhancer or the Purchaser of a breach of any covenant or any materially false or misleading representation or warranty contained herein. 9. Liability of Seller; Indemnification. The Seller shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Seller under this Agreement. The Seller shall indemnify, defend and hold harmless the Purchaser, the Trustee and each Credit Enhancer, as assignees of the Purchaser, and their respective officers, directors, employees and agents from and against any and all costs, expenses, losses, claims, damages and liabilities to the extent that such cost, expense, loss, claim, damage or liability arose out of, or was imposed upon any such Person by the Seller's breach of any of its covenants contained herein or any materially false or misleading representation or warranty of the Seller contained herein. Notwithstanding anything to the contrary herein, the Seller shall have no liability for the payment of the principal of or interest on the Bonds issued by the Purchaser. 0 55A -17 10. Limitation on Liabili (a) The Seller and any officer or employee or agent of the Seller may rely in good faith on the advice of counsel or on any document of any kind, prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Seller shall not be under any obligation to appear in, prosecute or defend any legal action regarding the Act that is unrelated to its specific obligations under this Agreement. (b) No officer or employee of the Seller shall have any liability for the representations, warranties, covenants, agreements or other obligations of the Seller hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Seller. 11. The Seller's Acknowledgment. The Seller hereby agrees and acknowledges that the Purchaser intends to assign and grant a security interest in all or a portion of (a) its rights hereunder and (b) the Proposition lA Receivable, to the Trustee and each Credit Enhancer pursuant to the Indenture. The Seller further agrees and acknowledges that the Trustee, the holders of the Bonds, and each Credit Enhancer have relied and shall continue to rely upon each of the foregoing representations, warranties and covenants, and further agrees that such Persons are entitled so to rely thereon. Each of the above representations, warranties and covenants shall survive any assignment and grant of a security interest in all or a portion of this Agreement or the Proposition IA Receivable to the Trustee and each Credit Enhancer and shall continue in full force and effect, notwithstanding any subsequent termination of this Agreement and the other Transaction Documents. The above representations, warranties and covenants shall inure to the benefit of the Trustee and each Credit Enhancer. 12. Notices. All demands upon or, notices and communications to, the Seller, the Purchaser, the Trustee or the Rating Agencies under this Agreement shall be in writing, personally delivered or mailed by certified mail, return receipt requested, to such party at the appropriate notice address, and shall be deemed to have been duly given upon receipt. 13. Amendments. This Agreement may be amended by the Seller and the Purchaser, with (a) the consent of the Trustee, (b) the consent of each Credit Enhancer, and (c) a Rating Agency Confirmation, but without the consent of any of the holders of the Bonds, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement. Promptly after the execution of any such amendment, the Purchaser shall furnish written notification of the substance of such amendment to the Trustee and to the Rating Agencies. 14. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Seller, the Purchaser and their respective successors and permitted assigns. The Seller may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Purchaser. Except as specified herein, the Purchaser may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Seller. 10 55A -18 15. Third Party Rights. The Trustee and each Credit Enhancer are express and intended third party beneficiaries under this Agreement. Nothing expressed in or to be implied from this Agreement is intended to give, or shall be construed to give, any Person, other than the parties hereto, the Trustee, and each Credit Enhancer, and their permitted successors and assigns hereunder, any benefit or legal or equitable right, remedy or claim under or by virtue of this Agreement or under or by virtue of any provision herein. 16. Partial Invalidity. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby. 17. Counterparts. This Agreement may be executed in any number of identical counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. 18. Entire Agreement. This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter hereof. 11 55A -19 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the Seller and the Purchaser have caused this Agreement to be duly executed as of the date first written above. CITY OF SANTA ANA, as Seller I� Authorized Officer CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser LI-A Authorized Signatory 12 55A -20 EXHIBIT A DEFINITIONS For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings set forth below. "Act" means Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended. "Bill of Sale" has the meaning given to that term in Section 2(b)(ii) hereof. "Closing Date" means the date on which the Bonds are issued. The Closing Date is expected to be November 19, 2009, but the Purchaser may change the Closing Date by providing e -mail notification to roortez5(@san*=.org not later than one day prior to the Closing Date. "Controller" means the Controller of the State. "County Auditor" means the auditor or auditor - controller of the county within which the Seller is located. "Credit Enhancer" means any municipal bond insurance company, bank or other financial institution or organization which is performing in all material respects its obligations under any Credit Support Instrument for some or all of the Bonds. "Credit Support Instrument" means a policy of insurance, a letter of credit, a stand -by purchase agreement, a revolving credit agreement or other credit arrangement pursuant to which a Credit Enhancer provides credit or liquidity support with respect to the payment of interest, principal or purchase price of the Bonds. "Initial Amount" means, with respect to the Proposition IA Receivable, the amount of property tax revenue reallocated away from the Seller pursuant to the provisions of Section 100.06 of the Revenue and Taxation Code, as certified by the County Auditor pursuant to the Act. "Installment Payments" have the meaning set forth in Section 2(a). "Payment Dates" have the meaning set forth in Section 2(a). "Pricing Date" means the date on which the Bonds are sold. The Pricing Date is expected to be November 10, 2009, but the Purchaser may change the Pricing Date by providing e -mail notification to mortez5@sant&-=aorg not later than one day prior to the Pricing Date. "Principal Place of Business" means, with respect to the Seller, the location of the Seller's principal place of business and chief executive office located at 20 Civic Center Plaza, Sam Via, CA 92702. A -1 55A -21 "Proposition IA Receivable" has the meaning set forth in Section 2(a). "Purchase Price" means an amount equal to the Initial Amount. "Rating Agency" means any nationally recognized rating agency then providing or maintaining a rating on the Bonds at the request of the Purchaser. "Rating Agency Confirmation" means written confirmation from each Rating Agency that any proposed action will not, in and of itself, cause the Rating Agency to lower, suspend or withdraw the rating then assigned by such Rating Agency to any Bonds. "Resolution" means the resolution adopted by the City Council approving the sale of the Proposition I Receivable. "State" means the State of California. "Transaction Counsel" means Orrick, Herrington & Sutcliffe LLP. "Transaction Documents" mean this Agreement, the Bill of Sale, the Indenture, the Bonds and the Irrevocable Instructions For Disbursement of Proposition IA Receivable of CW,W Ana, dated as of the Closing Date. FM 55A -22 EXHIBIT B1 OPINION OF COUNSEL Dated: Pricing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of Proposition lA Receivable Ladies & Gentlemen: [I have /This Office has] acted as counsel for the Cdr Of $an* ,,, (the "Seller ") in connection with the adoption of that certain resolution (the "Resolution ") of the City: , cil of the Seller (the "Governing Body ") pursuant to which the Seller authorized the sale to the California Statewide Communities Development Authority (the "Purchaser ") of the Seller's "Proposition IA Receivable ", as defined in and pursuant to the Purchase and Sale Agreement dated as of November 1, 2009 (the "Sale Agreement ") between the Seller and the Purchaser. In connection with these transactions, the Seller has issued certain Irrevocable Instructions For Disbursement of the Seller's Proposition IA Receivable to the Controller of the State of California (the "Disbursement Instructions ") and a Bill of Sale and Bringdown Certificate of the Seller (the "Bill of Sale" and, collectively with the Sale Agreement and the Disbursement Instructions, the "Seller Documents "). Unless the context otherwise requires, capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Sale Agreement. [I /We] have examined and are familiar with the Seller Documents and with those documents relating to the existence, organization, and operation of the Seller, the adoption of the Resolution, and the execution of the Seller Documents, and have satisfied ourselves as to such other matters as [Uwe] deem necessary in order to render the following opinions. As to paragraphs numbered 3 and 4 below, [I /we] have relied as to factual matters on the representations and warranties of the Seller contained in the Sale Agreement. Based upon the foregoing, and subject to the limitations and qualifications set forth herein, [I /we] are of the opinion that: BI-1 55A -23 I . The Seller is a local agency, within the meaning of Section 6585(f) of the California Government Code. The Governing Body is the governing body of the Seller. 2. The Resolution was duly adopted at a meeting of the Governing Body, which was called and held pursuant to law and with all public notice required by law, and at which a quorum was present and acting throughout, and the Resolution is in full force and effect and has not been modified, amended or rescinded since the date of its adoption. 3. To the best of [my /our] knowledge, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller (i) affecting the existence of the Seller or the titles of its Governing Body members or officers to their respective offices; (ii) seeking to restrain or to enjoin the sale of the Proposition IA Receivable or to direct the application of the proceeds of the sale thereof, or materially adversely affecting the sale of the Proposition IA Receivable; (iii) in any way contesting or affecting the validity or enforceability of the Resolution, Seller Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents; or (iv) in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Seller Documents or any other applicable agreement, or any action on the part of the Seller contemplated by any of said documents. 4. To the best of [my /our] knowledge, prior to the sale of the Proposition IA Receivable to the Purchaser, the Seller had not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Seller's Proposition IA Receivable, nor had the Seller created, or permitted the creation of, any Lien thereon. 5. The Seller has duly authorized and executed the Seller Documents and, assuming the due authorization execution and delivery of the Sale Agreement by the Purchaser, each Seller Document will be legal, valid and binding against the Seller and enforceable against the Seller in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or laws relating to or affecting creditors' rights, and the application of equitable principles and the exercise of judicial discretion in appropriate areas. No opinion is expressed concerning the obligation or ability of the State of California to make any payment of the Proposition IA Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any opinion expressed with respect to the ability of the State to enact any change in the law applicable to the Seller Documents (including, without limitation, Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). Furthermore, [1 /we] express no opinion as to the value of the Proposition IA Receivable or as to any legal or equitable remedies that may be available to any person should the Proposition IA Receivable have little or no value. No opinion is expressed with respect to the sale of Bonds by the Purchaser. B1 -2 55A -24 The legal opinion set forth herein is intended for the information solely of the addressees hereof and for the purposes contemplated by the Sale Agreement. The addressees may not rely on it in connection with any transactions other than those described herein, and it is not to be relied upon by any other person or entity, or for any other purpose, or quoted as a whole or in part, or otherwise referred to, in any document, or to be filed with any governmental or administrative agency other than the Purchaser or with any other person or entity for any purpose without [my /our] prior written consent. In addition to the addressees hereof, each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. [I/We] do not undertake to advise you of matters that may come to [my /our] attention subsequent to the date hereof that may affect the opinions expressed herein. Very truly yours, LIM Seller's Counsel l:3Qc3 55A -25 EXHIBIT B2 OPINION OF COUNSEL Dated: Closing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of Proposition I Receivable (Bringdown Opinion) Ladies & Gentlemen: Pursuant to that certain Purchase and Sale Agreement dated as of November 1, 2009 (the "Sale Agreement ") between the C� >of (the "Seller ") and the California Statewide Communities Development Authority (the "Purchaser "), this Office delivered an opinion (the "Opinion ") dated the Pricing Date as counsel for the Seller in connection with the sale of the Seller's Proposition IA Receivable (as defined in the Sale Agreement), the execution of documents related thereto and certain other related matters. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. I confirm that you may continue to rely upon the Opinion as if it were dated as of the date hereof. Each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. This letter is delivered to you pursuant to Section 2(b)(ii)(1) of the Sale Agreement. Very truly yours, Seller's Counsel B2 -1 55A -26 EXHIBIT C1 CLERK'S CERTIFICATE CERTIFICATE OF THE C G . CTS OF CT"Y ' ` A ;x3A, CALIFORNIA Dated: Pricing Date The undersigned Cie of a C0=CiI of the City c Spa A (the "Seller "), a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code, does hereby certify that the foregoing is a full, true and correct copy of Resolution No. duly adopted at a re9wa meeting of the City Caul of said Seller duly and legally held at the regular meeting place thereof on the day of 2009, of which meeting all of the members of said City Co "I had due notice and at which a quorum was present and acting throughout, and that at said meeting said resolution was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: I do hereby further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes and that said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at a location in the City of Santa A, California freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Purchase and Sale Agreement, dated as of November 1, 2009, between the Seller and the California Statewide Communities Development Authority. WITNESS by my hand as of the Pricing Date. Clerk of ftCoun it of the City of Santa Ana, California Cl -1 55A -27 EXHIBIT C2 SELLER CERTIFICATE SELLER CERTIFICATE Dated: Pricing Date We, the undersigned officers of the City of S=ta -Ana (the "Seller "), a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code, holding the respective offices herein below set opposite our signatures, do hereby certify that on the date hereof the following documents (the "Seller Transaction Documents ") were officially executed and delivered by the Authorized Officer or Officers whose names appear on the executed copies thereof, to wit: Document 1. Purchase and Sale Agreement, dated as of November 1, 2009 (the "Sale Agreement "), between the Seller and the California Statewide Communities Development Authority (the "Purchaser ") 2. Irrevocable Instructions For Disbursement of Seller's Proposition I Receivable to the Controller of the State of California, dated the Closing Date. 3. Bill of Sale, dated the Closing Date. Capitalized terms used herein and not defined herein shall have the meaning given such terms in the Sale Agreement. We further certify as follows: At the time of signing the Seller Transaction Documents and the other documents and opinions related thereto, we held said offices, respectively, and we now hold the same. 2. The representations and warranties of the Seller contained in the Seller Transaction Documents are true and correct as of the date hereof in all material respects. 3. The City Cpi duly adopted its resolution (the "Resolution ") approving the sale of the Seller's Proposition I Receivable at a meeting of the City Cou ij which was duly called and held pursuant to law with all public notice required by law and at which a quorum was present and acting when the Resolution was adopted, and such Resolution is in full force and effect and has not been amended, modified, supplemented or rescinded. C2 -1 �Ll Name Official Title Signature Dodd N. Ream, *:Manager genuine. I HEREBY CERTIFY that the signatures of the officers named above are Dated: Pricing Date By: Of wj l of the City of California C2 -2 55A -29 EXHIBIT C3 BILL OF SALE AND BRINGDOWN CERTIFICATE BILL OF SALE AND BRINGDOWN CERTIFICATE Pursuant to terms and conditions of the Purchase and Sale Agreement (the "Sale Agreement "), dated as of November 1, 2009, between the undersigned (the "Seller ") and the California Statewide Communities Development Authority (the "Purchaser "), and in consideration of the obligation of the Purchaser to pay and deliver to the Seller the Purchase Price (as defined in the Sale Agreement), in two equal installment payments to be made on January 15, 2010, and May 3, 2010 (collectively, the "Payment Dates "), the Seller does hereby (a) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided in the Sale Agreement, the Proposition IA Receivable as defined in the Sale Agreement (the "Proposition I Receivable "), and (b) assign to the Purchaser, to the extent permitted by law (as to which no representation is made), all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition IA Receivable pursuant to the Act and other applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition IA Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. Seller specifically disclaims any right to rescind the Agreement, or to assert that title to the Proposition IA Receivable has not passed to the Purchaser, should Purchaser fail to make the installment payments in the requisite amounts on the Payment Dates. The Seller hereby certifies that the representations and warranties of the Seller set forth in the Certificate of the Clerk of therCmmil dated the Pricing Date, the Seller Certificate dated dated the Pricing Date and in the Transaction Documents to which the Seller is a party are true and correct in all material respects as of the date hereof (except for such representations and warranties made as of a specified date, which are true and correct as of such date). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. Dated: Closing Date C3 -1 AW'MIC CITY OF SANTA ANA in Authorized Officer EXHIBIT D IRREVOCABLE INSTRUCTIONS TO CONTROLLER IRREVOCABLE INSTRUCTIONS FOR DISBURSEMENT OF PROPOSITION IA RECEIVABLE OF CTS' O AWA NA Dated: Closing Date Office of the Controller State of California P.O. Box 942850 Sacramento, California 94250 -5872 Re: Notice of Sale of Proposition I Receivable by the City 4f „, Ana and Wiring Instructions Information Form Dear Sir or Madam: Pursuant to Section 6588.6(c) of the California Government Code, City, Arta (the "Seller ") hereby notifies you of the sale by Seller, effective as of the date of these instructions written above, of all right, title and interest of the Seller in and to the "Proposition IA Receivable" as defined in Section 6585(g) of the California Government Code (the "Proposition IA Receivable "), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. By resolution, the Seller's City Qn=il authorized the sale of the Proposition lA Receivable to the California Statewide Communities Development Authority (the "Purchaser ") pursuant to a Purchase and Sale Agreement, dated as of November 1, 2009 (the "Purchase and Sale Agreement ") and a Bill of Sale, dated the Closing Date (as defined in the Purchase and Sale Agreement). The Proposition IA Receivable has been pledged and assigned by the Purchaser pursuant to an Indenture, dated as of November 1, 2009 (the "Indenture ") between the Purchaser and Wells Fargo Bank, National Association, as Trustee (the "Trustee "). The Seller hereby irrevocably requests and directs that, commencing as of the date of these instructions written above, all payments of the Proposition IA Receivable (and documentation related thereto) be made directly to Wells Fargo Bank, National Association, as Trustee, in accordance with the wire instructions and bank routing information set forth below. Please note that the sale of the Proposition IA Receivable by the Seller is irrevocable and that. (i) the Seller has no power to revoke or amend these instructions at any time; (ii) the Purchaser shall have the power to revoke or amend these instructions only if there are no notes of the Purchaser outstanding under the Indenture and the Indenture has been discharged, and (iii) so long as the Indenture has not been discharged, these instructions cannot be revoked or amended by the Purchaser without the consent of the Trustee. Should D -1 55A -31 the Purchaser, however, deliver a written notice to the Office of the Controller stating that. (a) the Seller failed to meet the requirements set forth in the Purchase and Sale Agreement, (b) the Purchaser has not waived such requirements; and (c) the Purchaser has not purchased the Proposition IA Receivable as a result of the circumstances described in (a) and (b) above, then these instructions shall be automatically rescinded and the Seller shall again be entitled to receive all payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. Bank Name: Wells Fargo Bank, N.A. Bank ABA Routing #: 121000248 Bank Account #: 0001038377 Bank Account Name: Corporate Trust Clearing Further Credit To: CSCDA Proposition 1 A Bonds Bank Address: 707 Wilshire Blvd., 17th Floor MAC E2818 -176 Los Angeles, CA 90017 Bank Telephone #: (213) 614 -3353 Bank Contact Person: Robert Schneider Please do not hesitate to call the undersigned if you have any questions regarding this transaction. Thank you for your assistance in this matter. Very truly yours, OW OF SANTA ANA go Authorized Officer D -2 55A -32 EXHIBIT E ESCROW INSTRUCTION LETTER ESCROW INSTRUCTION LETTER 2009 California Statewide Communities Development Authority 1100 K Street Sacramento, CA 95814 Re: Proposition I Receivable Financin Dear Sir or Madam: The QW of So*a Ana (the "Seller ") hereby notifies you of its agreement to participate in the California Statewide Communities Development Authority Proposition IA Receivable Financing. By adoption of a resolution (the "Resolution ") authorizing the sale of its Proposition IA Receivable, the Seller's pp�l has agreed to sell to the California Statewide Communities Development Authority (the "Purchaser "), for a purchase price that meets the conditions set forth in the Resolution, all of its right, title and interest in the Proposition IA Receivable. Enclosed herewith are the following documents which have been duly approved and executed by the Seller and which are to be held in escrow by Orrick, Herrington & Sutcliffe LLP, as transaction counsel ( "Transaction Counsel "), as instructed below: 1. certified copy of the Resolution, together with a certificate of the Clerk of the Co=jI, dated the Pricing Date; 2. the Seller Certificate, dated the Pricing Date; 3. the Opinion of Seller's Counsel, dated the Pricing Date; 4. the Opinion of Seller's Counsel (bringdown opinion), dated the Closing Date; 5. the Purchase and Sale Agreement, dated as of November 1, 2009; 6. the Bill of Sale and Bringdown Certificate, dated the Closing Date; and 7. the Irrevocable Instructions to Controller, dated the Closing Date. The foregoing documents are to be held in escrow by Transaction Counsel and shall be delivered on the Closing Date (as defined in the Purchase and Sale Agreement), provided that such Closing Date occurs on or before December 31, 2009. E -1 55A -33 Should (i) the Closing Date not occur on or berfore December 31, 2009, or (ii) Transaction Counsel receive prior to the Closing Date written notification from Seller or Seller's Counsel stating, respectively and in good faith, that the representations made in the Seller's Certificate are not true and accurate, or the opinions set forth in the Opinion of Seller's Counsel are not valid, in each case as of the Closing Date and provided that the Purchaser may, in its sole discretion, choose to waive receipt of such representations or opinions, then this agreement shall terminate and Transaction Counsel shall destroy all of the enclosed documents. Enclosures Very truly yours, CITY OF -SANTA ANA Authorized Officer cc: Orrick, Herrington & Sutcliffe LLP E -2 55A -34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE. ACCEPTANCE OF ADDITIONAL FY 2007 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT FUNDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the City Manager and the Chief of Police to accept additional funding for the Public Safety Interoperable Communications (PSIC) Grant in the amount of $196,774. 2. Approve an Appropriation Adjustment recognizing the additional FY 2007 Public Safety Interoperable Communications Grant funds in the amount of $196,774 in revenue account (no. 12514002- 52001) and appropriate same in the FY 2007 Public Safety Interoperable Communications Grant expenditure accounts (nos. 12514487 -63001 and 12514485- 69140). DISCUSSION The United States Department of Homeland Security has developed the Public Safety Interoperable Communications (PSIC) funding program. PSIC provides funds to assist public safety agencies in the acquisition of, deployment of, or training for the use of interoperable communications systems. Interoperable Communications systems are designed to allow first responders to effectively communicate across disciplines and geographic distances during times of emergency. The original FY 2007 PSIC Grant was approved by Council at the May 5, 2008 meeting. The California Emergency Management Agency has identified additional funding for the Santa Ana Urban Area in the amount of $196,774. The additional funds cover management and administration costs associated with this grant. 55B -1 FY 2007 PSIC Grant November 2, 2009 Page 2 FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FY 2007 PSIC Grant account (no. no. 12514002- 52001) by $196,774 and appropriate same in the FY 2007 PSIC Grant expenditure accounts (nos. 12514487 -63001 and 12514485- 69140). Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency I Roh10 /14/09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING ADDITIONAL GRANT AWARD FUNDS AND AUTHORIZING THE CITY MANAGER OR THE CHIEF OF POLICE TO APPROVE AN APPROPRIATION ADJUSTMENT FOR THE PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The Department of Commerce's National Telecommunications and Information Administration (NTIA), in consultation with the Department of Homeland Security (DHS) has established the Public Safety Interoperable Communications Grant Program (PSIC). The California Office of Homeland Security is responsible for implementing the PSIC. B. PSIC provides funds to local emergency first responders to assist public safety agencies in the acquisition, deployment of or training for the use of interoperable communications systems that utilize reallocated public safety spectrum for radio communications. C. The City of Santa Ana acts as lead agency for the Anaheim /Orange operating area in implementing the PSIC Grant Program. D. The City of Santa Ana previously adopted a resolution authorizing the City Manager and the Chief of Police to execute a grant award agreement with the State of California, Office of Homeland Security (OHS) for the FY 2007 Public Safety Interoperable Communications (PSIC) funding program in the amount of $12, 748,170. E. The City of Santa Ana has been awarded additional funding in the amount of $196,774 from the California Emergency Management Association (previously the Governor's Office of Homeland Security) for the PSIC Grant Program. l : J Section 2. The City Council of the City of Santa Ana hereby accepts and authorizes and directs the City Manager and the Chief of Police, or their designees, to accept and authorize the additional grant award from the California Emergency Management Agency for the Public Safety Interoperable Communications Grant Program in the amount of $196,774.00. Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and /or the Chief of Police to execute and submit all documents and take any necessary action, for and on behalf of the City of Santa Ana, a public entity established under the laws of the State of California, for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and subgranted through the State of California. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2009. Miguel A. Pulido Mayor 55B -4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55B -5 6, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: ADOPT A RESOLUTION TO AUTHORIZE MEMBERSHIP PAYMENT TO ILJAOC CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2r0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution to approve the expenditure of funds for services provided as part of the City of Santa Anal membership in the Integrated Law and Justice Agency for Orange County for FY 2009 -10 in the amount of $74,261: DISCUSSION In 2002, City Council authorized membership of the City of Santa Ana in the Integrated Law and Justice Agency for Orange County ( ILJAOC) and the execution of a Joint Powers Agreement (JPA). The purpose of ILJAOC is to improve information sharing and efficiency. The Integrated Law & Justice Agency for Orange County was formed in 2006 to facilitate the integration and sharing of criminal justice information /data. The members of the ILJAOC, a joint powers agency, include all Orange County cities; the Superior Court; the University of California at Irvine (UCI) Police Department; and the County. Participating agencies have agreed to fund the costs of ILJAOC operations, on a shared basis, through annual budget appropriations. The annual budget includes member agencies, per capita shares of system operations, administrative overhead, and contributions to a capital fund for the eventual replacement of equipment. The proportionate share of costs allocated to the City of Santa Ana, Police Department is $74,261. 55C -1 Authorize Membership Payment ILJAOC November 2, 2009 Page 2 FISCAL IMPACT Funds are available in the Police Department's Information Systems fund (account no. 01114425- 62300). - 6L � I IK�-, Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: -k—QC1� "g . �, �\ �, a Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 55C -2 TLJ 10/15/09 RESOLUTION NO. 2009 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY OF SANTA ANA POLICE DEPARTMENT TO AUTHORIZE THE EXPENDITURE OF FUNDS FOR SERVICES PROVIDED AS PART OF THE CITY OF SANTA ANA'S MEMBERSHIP IN THE INTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY FOR THE 2009 -2010 FISCAL YEAR 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. In 2002, the City Council authorized membership of the City of Santa Ana in the Integrated Law and Justice Agency for Orange County joint powers authority and approved the Joint Powers Agreement. B. Expenditures for each fiscal year for participation in the Integrated Law and Justice Agency for Orange County require City Council approval. C. The Santa Ana Police Department has received an invoice from the Integrated Law and Justice Agency for Orange County for the fiscal year 2009 -2010 in the amount of $74,261.00. Section 2. The City Council of the City of Santa Ana hereby authorizes the Santa Ana Police Department to expend funds in the amount of $74,261.00 for the member agency fees for the membership of the City of Santa Ana in the Integrated Law and Justice Agency for Orange County for the fiscal year 2009 -2010. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2009. Miguel A. Pulido Mayor 5503 Resolution No. 2009 -XXX Page 1 of 2 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Teresa L. Judd Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 5504 Resolution No. 2009 -XXX Page 2 of 2 R REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE RESOLUTION ADOPTING CITY OF SANTA ANA BIKEWAYS STRATEGIC PLAN AND AUTHORIZATION TO SUBMIT BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATION CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution approving the City of Santa Ana Bikeways Strategic Plan. 2. Authorize the Executive Community Services Agency Works Agency to submit th e for funding consideration DISCUSSION Director of the Parks, Recreation and and /or the Executive Director of Public Flower Street bike trail extension project under the Bicycle Transportation Account. On September 25, 2009 Caltrans issued a call for Bicycle Transportation Accounts (BTA) applications for Fiscal Year 2009 -2010. As part of this call the City is requesting authorization to submit one project for the Flower Street bike trail extension from MacArthur Boulevard to Sunflower Street. The project involves bike trail realignment and reconstruction as well as fencing and landscaping (Exhibit 1). One of the evaluation criteria for the grant application requires the City have an adopted Bicycle Transportation Plan (BTP) that is consistent with the Streets and Highways Code, California Bicycle Transportation Act, and Sections 890 -894.2 of the California Streets and Highways Code. The City's Bikeway Master Plan, as approved in the General Plan Circulation Element by the City Council in 1998, contains only some of the criteria required by the BTA. However, the City has the option of using the countywide Orange County Transportation Authority (OCTA) Commuter Bikeway Strategic Plan (CBSP). The CBSP meets all of the legislated requirements, however some minor modifications will be needed to be consistent with the City's Bikeway Master Plan. These modifications include bikeways that were not incorporated in the CBSP, listed in detail in the attached Addendum. The City adopted the previous CBSP plan published in August 2001 under the 55D -1 VA Resolution for Bikeways Strategic Plan November 2, 2009 Page 2 same conditions. The CBSP was recently updated and adopted by OCTA's Board of Directors in May 2009. With the necessary modifications, staff is recommending adoption of the Orange County Transportation Authority Commuter Bikeway Strategic Plan as the City of Santa Ana Bikeways Strategic Plan and approval to submit BTA grant applications for funding. OCTA has reviewed our plan and concurs with our changes. Once Council adopts the resolution adopting OCTA's modified CBSP the City will submit an application for the Flower Street bike trail extension. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed adoption of the CBSP has been determined to be adequately evaluated in the previously prepared Environmental Impact Report 97 -02. Environmental review for the Flower Street bike trail extension will be conducted if funding is received and presented to the City Council when the construction contract is awarded. FISCAL IMPACT There is no fiscal impact adopting OCTA's CBSP. For the Flower Street bike trail extension the City will need to provide 10 percent matching funds and the Bicycle Transportation Account will provide 90 percent of the funding for any project that is approved for funding. The Flower Street Bike Trail Extension total cost is $838,107 and the City's 10 percent match is $83,811. The City's 10% match for those projects receiving BTA grant funds will be budgeted in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: George Al arez Francisco Gutierrez Acting Executive Director Executive Director Public Works Agency �,, Finance & Management Services Agency/ (,GC_ Gerardo Mouet " Executive Directo Parks, Rec. and Com. Svcs. 55D -2 KEY: _ proposed Bike Trail Extension SANTA ANA CITY COUNCIL RESOLUTION AND AUTHORIZATION P� WA AGENDA DATE: FOR FLOWER STREET BIKE TRAIL NOV. 2.2009 PUBLIC WORKS AGENCY I EXTENSION 55[DXo BIT 1 Iss10/19/09 RESOLUTION NO. 2009 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE BIKEWAYS STRATEGIC PLAN AND AUTHORIZING THE SUBMISSION OF A PROJECT FOR FUNDING UNDER THE BICYCLE TRANSPORTATION ACCOUNT 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. In order to be eligible for Bicycle Transportation Account funding, the City of Santa Ana is required to adopt a bicycle transportation plan that meets the requirements of the California Transportation Act (California Streets and Highways Code Section 891.2). B. The Orange County Transportation Authority (OCTA) adopted the OCTA Commuter Bikeways Strategic Plan (CBSP) on May 22, 2009. C. The CBSP meets the requirements of the California Bicycle Transportation Act and, with minor modifications, is consistent with the Santa Ana Bikeway Master Plan. D. Projects funded through the Bicycle Transportation Account, require that the applicant furnish funding for ten percent (10 %) of the total cost of constructing the proposed bikeways and related facilities. Section 2. The City Council of the City of Santa Ana hereby adopts the Orange County Transportation Authority Commuter Bikeway Strategic Plan as modified by the City of Santa Ana addendum, attached hereto as Exhibit "A ", as the City of Santa Ana Bikeways Strategic Plan. Section 3. The City Council of the City of Santa Ana authorizes the Executive Director of the Parks, Recreations and Community Services Agency and /or the Executive Director of the Public Works Agency to submit the approved Santa Ana Bikeway Master Plan, as well as an application for funding bikeways and related facilities which will implement the plan, to the State of California, Department of Transportation, for project funding under the Bicycle Transportation Account. Section 4. The City Council of the City of Santa Ana authorizes the City Manager and /or the Executive Director of the Parks, Recreations and Community Services Agency and /or the Executive Director of the Public Works Agency to execute and submit all documents Resolution 2009 -xxx Page 1 of 2 55D -4 and take any actions necessary, for and on behalf of the City of Santa Ana, for the purpose of obtaining financial assistance from the State of California, Department of Transportation, under the Bicycle Transportation Account. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura S. Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2009. Miguel A. Pulido Mayor CERTIFICATE OF PUBLICATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55D -5 Resolution No. 2009 -xxx Page 2 of 2 LM: -oxl REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: AMENDMENT TO RESOLUTION NUMBER 2001- 065 TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY -PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY 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 Adopt a resolution authorizing the City Manager to continue to provide additional partially -paid temporary military leave of absence and dependent benefits for City employees called to active duty with the armed forces. DISCUSSION On October 1, 2001, the Santa Ana City Council adopted Resolution No. 2001 -065, providing for additional partially -paid temporary military leave of absence for full -time officers or employees of the City called to active military service with the Armed Forces of the United States in connection with the then - current military crisis, and for continuation of dependent benefits. That Resolution also provided that its terms would expire unless extended by further action of the City Council. The City Council has subsequently adopted resolutions extending the termination date of Resolution No. 2001 -065 each succeeding year. By adopting the subject resolution, the City Council will extend the termination date to June 30, 2010, and continue to assist City employees and their families with financial hardships resulting from active duty service in connection with the continuing current military commitment. 55E -1 Amendment to Resolution Number 2001 -065 November 2, 2009 Page 2 of 2 FISCAL IMPACT Funds are available in the following affected departmental accounts: Salary (Account 61000) and Health Insurance (Account 61130). APPROVED AS TO FUNDS AND ACCOUNTS: Kathie G&nzalNez Francisco Gutierrez Executive Director Executive Director Personnel Services Agency Finance and Management Services Agency�,-- 55E -2 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2001 -065 TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY - PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR THEIR DEPENDENTS. 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. On October 1, 2001, the City Council of the City of Santa Ana adopted Resolution No. 2001 -065 providing for an additional partially -paid temporary military leave of absence for each full -time officer or employee of the City who has been or will be called to active military service with the Armed Forces of the United States in connection with the current continuing military crisis. This Resolution has been extended each succeeding year since its initial adoption in 2001. B. The pay and benefits authorized by Resolution No. 2001 -065, as amended, will terminate unless extended by further action of the City Council or otherwise required by law. C. The City Council wishes to continue to help City employees and their families with financial hardships resulting from being called to active duty for more than thirty (30) continuous days in connection with the current continuing military crisis. Section 2: That Section 5 of Resolution No. 2001 -065, as amended, is further amended to read as follows: "Section 5. This Resolution, and the pay and benefits authorized herein, shall terminate and be of no further force or effect on midnight, June 30, 2010, unless extended by further action of the City Council or otherwise required by law." Section 3: That except as amended by this Resolution, all other provisions of Resolution No. 2001 -065, as amended, shall remain in full force and effect. 2009. Section 4: This Resolution shall be operative from and after November 2, 55E -3 ADOPTED this 2nd day of November, 2009. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Joseph Straka Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Resolution No. 2009 -_ City of Santa Ana on _ Date: Clerk of the Council, do hereby attest to and certify the attached _ to be the original resolution adopted by the City Council of the 55E -4 Clerk of the Council City of Santa Ana REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2009 -05 TO AMEND ALLOWED USES WITHIN THE BROADWAY CORRIDOR DISTRICT OF THE MIDTOWN SPECIFIC PLAN (SP -3) a, /" fi 4f-,`--- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _• ff ww ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance approving Zoning Ordinance Amendment No. 2009 -05. PLANNING COMMISSION ACTION On August 24, 2009, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2009- 05 by a vote of 7:0 to amend the allowed uses within the Midtown Specific Plan, Broadway Corridor District, to allow museums, libraries, galleries, theaters and cinema, except those that require a conditional use permit. The Planning Commission made no changes to the recommended action outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja . Trevino Executive Director Planning & Building Agency BA:rb ba\ reports2009 \zoaO9- 5 \zoaO9- 05midtowncc 75A -1 75A -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 24, 2009 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2009-05 TO AMEND ALLOWED USES WITHIN THE BROADWAY CORRIDOR DISTRICT OF THE MIDTOWN SPECIFIC PLAN (SP -3) Prepared by Bill Apple Executive Dire for RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO 4-A-� 4ra--�� Planning Man #r Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2009 -05. DISCUSSION Request of Applicant The proposed zoning ordinance amendment is a city initiated action that will amend the allowed uses within the Midtown Specific Plan, Broadway Corridor District, to allow museums, libraries, galleries, theaters and cinema, except those that require a conditional use permit. Property Description The Midtown Specific Plan is generally bounded by Civic Center Drive on the South; Seventeenth Street on the North; Broadway on the West; and Bush Street on the East. The Specific Plan includes five districts: 1) The Broadway Corridor; 2) Civic /Professional; 3) Financial; 4) Community and Specialty Retail; and 5) Bush Street Professional. Land uses vary from district to district with each district having its own development standards. The plan was adopted by the City Council in 1997 (Exhibit 1). The Broadway Corridor District encompasses both sides of Broadway and the west side of Sycamore Street between Washington and Seventeenth Streets (Exhibit 2). The uses allowed in the Broadway Corridor district are identified on page 71 of the plan (Exhibits 3 and 4) . The district has many older structures with large setbacks, landscaped front yards and mature trees. While very low intensity in character, the district houses a wide variety of uses and activities. EXHIBIT A 75A -3 Zoning Ordinance Amendment No. 2009 -05 August 24, 2009 Page 2 Analvsis of the Issues In reviewing a request to rehabilitate and reuse an existing multi -story office building in the Broadway Corridor District of the Midtown Specific Plan, staff was asked to consider a museum /gallery use with associated art related workshops, classes and performance space. Currently, museums /galleries are not permitted in the Broadway Corridor District but are permitted in other districts within the Midtown Specific Plan. These districts include the Civic Professional, Financial and Commercial /Specialty Retail Districts where galleries are permitted by right and the Bush Street Professional District where galleries are conditionally permitted. Staff is recommending that the use category of the Broadway Corridor District be amended to be consistent with other Midtown districts that allow "museums, libraries, galleries, theaters and cinema, except those that require a conditional use permit." Conditionally permitted uses within Midtown are primarily night clubs, bars, indoor entertainment, freestanding parking lots, parking structures, banquet facilities and places of worship within freestanding buildings. Although the Broadway Corridor District is primarily a lower intensity office corridor mixed with residential and institutional uses such as churches and social services, the integrity of the corridor will remain intact as the scale, height and setbacks of existing structures will be maintained. Because of existing conditions within the corridor, museums, libraries, galleries, theaters and cinema are likely to occur within existing structures. The introduction of museums, libraries, galleries, theaters and cinema will not alter the intention of the Specific Plan to encourage pedestrian activity and a variety of uses in the Midtown area. The presence of artistic and cultural uses within the Broadway Corridor will be beneficial to the community and the many arts related programs encouraged citywide. Based on the above analysis, it is recommended that the City Council approve Zoning Ordinance Amendment 2009 -05. 75A-4 Zoning Ordinance Amendment No. 2009 -05 August 24, 2009 Page 3 CEQA Compliance After completion of Environmental Review No. 2009 -112, a General Rule Exemption will be filed for this project pursuant to the California Environmental Quality Act. Bill Apple Associate Planner BA: jm ba \reports2009 \zoa09 -05 midtown add use.pc 75A -5 poma Sergi lc�;tz AICP Princ/4 l P1 nr�er Rt R1 Rt Rt W R1 R1 S RiR �'p \ R1 R1 J �fi P SD 01- o P- R1 Ri > R1 R1 R1 78 "°" R2 R1 1� q` R1 a A R1 R1 R1 ER ns Mo °- R RI 1 1 R7 � P P c, P R2 R2 R1 R7 ' R1 -B R1 R1 OR1 R1 R2r R2 P P " R1 R2 D," �\ C4 Rl r, .Lsm. x 2 -�: R2 -B Pei P -B P D'73 Ct- y C7 C7 �Ct c1 1" C1 r, C1 C7 C7 ^"D ci -MDp C1- »a�F'�Csw _ - -- , C5 -- - 17TH ST. C1 m C5 C5 i° C1 Ct C1 C5 SP -3 sP sP sP B D I. C5 0 -3 -3 -3 fl3 Ra3i R3 R3 R1 m� SP -3 SP -3 T R1 R1 q - R3- R3- > R3- t I- R2 HDII HD II HID 1 R3- R3- 'S J SP �BP SP SP R3 R� R3 Rq /C•nn Rl R) HID 11 HD n Ro3i -3 I1 I 3 3 " ST, ST - — 15T r R3- SP SP SP R3 R3 R3 D Ml M1 qy HD 111 -3 -3 -3 - R1 R1 R1 R1 m R1 R2 R3- R3- 0 " M2 iwR HD II HD 11 R3- sPa j SP -3 HD II -3 SP -3 S fla Ro H3 M2 26 SP -g -3 - Rqo-, R2 � I sz � � `� sP — c2 i R2 R2 R2 P I P R2 -3 SP -3 R 2 *� M2 R1 R1 R1 R1 R2 R2 P R2 SP -3 SP 3 SP -3 = M2 Rz R2 R2 R2 P �-�" ` A R1 P R2 R2 cj SP -3 s3 M+ sr o SP -3 �+e R2 R7 R2 P P P I SP-3 SP �� R1 R1 Rt B -3 P <a P SP -3 SP -3 SP -3 ,. �-� P -3 so-zD SD 20 I r I SP -3 3 I "'s- CIVIC L 501 -- -- ENTER 6R. N e ■ M SP -3 ! s3 � �a P2 GC Q H E:11 I- CENTER M. GC C3 P a P ,� G. "w "R2 aQ y Hon .Non C3 C2 -won R2 R2 A WGC 9AMAAHA � -- � S. LL ■ ■ Hon -Non xoi T' -HD SD -� pox s % R2 -win C2 xw q 52-a M2 GC • sT 0 s • C3 3 C3 W C3 C3 C3 C3 C2 C21 F C2 c2 X °0 M2 — ■ il 0 .Mon -Non -Noll -HDII -Hon -Non -HDII -Hwl -HDII C2 -n11 SANTAANA BL. 1 iN ST —� C3 -A 1 C3 A C3 -HDII C3�Dn C3 "DII SD -37 R2 M2 M2 -HDII p H+ p so-ss S P P ; C3 A 3 -a C3 1 C3 -A ^ �_ R2 _ i " — P 0 0 39 1 i C3 -A C3-A LL C2 N R2 M2 M2 H °" SD -13 ]D2 1D3A C3 A C3 -A -HDII P s0 -1e SD -1 C3 A C3 -A Hml R2 R2 M2 -HD11 C1 CS -Hwi T. �-1 �1 1S� 1 ST S - �r =ir=e i��7 –7 r-v–i mm �� r­1 F- F � 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 Rt SINGLE - FAMILY RESIDENCE C1 -MD COMMUNITY COMMERCIAL - MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO - FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE - FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3 -A CENTRAL BUSINESS - ARTISTS' VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT 1 Broadway -® Midt wn Spic apart) ific Plan (SP-3) ` t ZOA 09 -5 T BOUNDARIES MIDTOWN SPECIFIC PLAN (SP -3) — — — 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 ftl&g 1 I I I I I I I OFFICE J J1111 14-144+, L GAS STA. I �111JE IFAIM.IR�S.I RE IL OFFICE LL ST. APAR U. SEVENTEENTH T FA . RES GAS GAS Q STATION. COM. OFFICE PK w COMMERCIAL 7PK SFR ti z W 16TH ST. S N A ES. APT. APT. _ _ w LL SFR SI LE w w w O FAM. RES. APT W PK APT SFR O FFIC F C O FAM. IRE. N w Z � a Q a � o¢ vi G J 2� Q W IN L ti Q TENTH ST. PK. W W W SCHOOL PARKING PK. V p O W O CE O O O m ® 1 Broadway (Not apart) Broadway Corridor Distric ZOA 09 -5 BOUNDARIES BROADWAY CORRIDOR DISTRICT MIDTOWN SPECIFIC PLAN (SP -3) 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 l- ! 2 N LE F M. RES 4 SCHOOL OFFICE SINGLE APAR E T FA . RES TENTH ST. PK. W W W SCHOOL PARKING PK. V p O W O CE O O O m ® 1 Broadway (Not apart) Broadway Corridor Distric ZOA 09 -5 BOUNDARIES BROADWAY CORRIDOR DISTRICT MIDTOWN SPECIFIC PLAN (SP -3) 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 l- ! 2 DEVELOPMENT STANDARDS Permitted and Conditionally Permitted Uses Permitted Uses Permitted uses in the Broadway Corridor district shall be as follows. 1. Multiple family dwellings in buildings used for this purpose at the time of adoption of this specific plan. 2. Professional, business and administrative offices, including government, nonprofit, and similar office uses. Bail bonds are not permitted. 3. Medical and dental clinics, except psychology and counseling. 4. Day care facilities. 5. Museums, libraries, -galleries, theater and cinema, except those that require a conditional use permit (Uses added) Conditionally Permitted Uses The following uses may be permitted subject to the issuance of a Conditional Use Permit pursuant to the Santa Ana Municipal Code. 1. Places of worship provided they are located in freestanding buildings only. 2. Congregate care facilities, including convalescent homes, nursing homes, rest homes and extended care facilities. 3. Counseling and psychology offices. 4. Live -work studios with galleries. 5. Cafes, restaurants or coffee houses, not exceeding 2,500 square feet. Midtown Specific Plan Also shown for reference are major features of the concept plan, including major open spaces, planned parking facilities and pedestrian access ways. Building Height Height is specified by number of stories and feet as measured from the pedestrian ground plane of the site. The maximum height for all buildings is 35 feet, or three stories, whichever is less. Setbacks Setbacks at ground level are established to enhance pedestrian space throughout the district, create compatible relationships between existing and future building street elevations and recognize opportunities to create new open space resources, such as plazas, pedestrian ways and landscaped areas. The major setback conditions are discussed below by street: Broadway. A twenty foot setback is required throughout the district. The majority of existing structures meet this standard. A twenty foot setback is required throughout the district.. The generous front yards is one of the most important characteristics of Broadway, and maintenance of these landscaped open spaces is crucial to preserving the streetscape. Sycamore Street. A 30 foot setback is required from Tenth Street to Washington. The long range land use policy is passive open space centrally located to the Midtown District. A 10 foot setback is required from Washington to Fifteenth Street. For the block from Washington to Fifteenth Street, a ten foot setback is required for new development. Several existing buildings likely to Building Envelopes remain have lesser setbacks. The parcels at the Washington Street corner are designated as open space. General The permitted building envelopes in the Broadway Corridor District are defined by height and front yard setback requirements established for each block. Their primary purpose is to establish the relationship between public and private pedestrian space and the building wall which forms its edge. Setbacks define pedestrian space at the ground level and show where higher buildings (greater than 35 feet) can be sited. Floor Area Ratio The General Plan designates a 0.5 to 2.0 FAR for the Broadway Corridor, while most small lot development, typical for the corridor, would not exceed 0.5 FAR. Exhibit 38, Broadway Corridor Height and Setbacks, defines the Parcel Size setback dimensions from property lines and other benchmarks throughout the district, and height limits and setbacks for buildings The minimum parcel area is 6,000 square feet with a minimum higher than 35 feet. Reference information on the exhibit shows frontage of 50 feet. existing buildings that are likely to remain, thereby indicating relationships between existing buildings an potential new development or revitalization. Chapter 7: Broadway Corridor District EXHIBIT 3 71 75A -8 1 ago i iol EXHIBIT 4 75A- 9 BROADWAY CORRIDOR DISTRICT THEME A major north -south arterial with a scale and character reflective of its past as a residential boulevard, which has a wide variety of residential, institutional and office uses. (See Exhibit 37, Broadway Corridor Concept Plan.) OBJECTIVES • Maintain the scale and character given to much of Broadway by the large number of historic and architecturally significant structures, the mixture of office, institutional and residential uses, landscaped front yards and mature street trees. • Encourage revitalization of existing multi - family residential properties for safe and sanitary housing units. • Encourage revitalization of existing properties for a variety of professional office, service and institutional office uses. Provide through -block pedestrian ways from Broadway to Sycamore and Main Street to increase convenient circulation routes. Extend green open space frontage north of Washington on the west side of Sycamore as a visual connection to the landscaped parking lot plaza proposed to surround Home Savings' existing parking. 0 Maintain the small scale character of office uses fronting Sycamore Street between Washington and Seventeenth Street and, where appropriate, encourage their revitalization at a similar scale. Chapter 7: Broadway Corridor District ® NEW BUILDING PARKING - -+— PARKING ACCESS LANDSCAPE AREA VQ OF�CHARACTERINGS Midtown Specific Plan I W n M C L 4 to SEVENTEENTH ST. Exhibit 37 Broadway Corridor Concept Plan Page 2 of 6 75A -10 1.1 69 Milltown Specific Plan LAND USE/ACTIVITIES The Broadway Corridor District encompasses both sides of Broadway and the west side of Sycamore Street between Washington and Seventeenth Street. With the notable exception of the 10 story office building in the 1600 block and the next door apartment complex, this area is a mix of residential, office, and institutional uses in one and two story buildings. The Broadway District abuts the Civic/Professional District to the south, and backs onto the One Broadway District Center and the Community and Specialty Retail District to the east. The Broadway District has a strong historic character, with a number of buildings dating from the turn of the century. The Broadway District will continue to play its current role in the Midtown area by providing lower- intensity office space mixed with residential and institutional activities, such as churches and social services. The urban scale and form will remain that of a large square footage single family neighborhood with deep setbacks from the street. Broadway itself will continue to carry heavy traffic as a secondary arterial access for the downtown and Civic Center areas to the south. The Broadway District will continue to serve the downtown and Civic Center areas with professional offices, space for semi - public service agencies such as the YWCA, and limited residential uses. While very low intensity in character, the district will thus house a wide variety of uses and activities. These activities and uses include the following: • Professional, financial, insurance and real estate offices with little walk -in traffic. • Institutional office uses, including public agencies and private office uses. • Specialty and general practice medical and dental offices. • Reoccupied single family structures for cottage industries, as a conditional use. • Day care facilities. • Congregate care and convalescent homes. PHYSICAL FRAMEWORK • Broadway is the major north -south arterial forming the western edge of Midtown. • Older structures, landscaped front yards, mature street trees and small lot frontages define Broadway's unique character. (The long -range land use policy is to create a landscaped open space centrally located to the Midtown District). 70 SITE ATTRIBUTES Between residential neighborhoods and central city commercial d1sW • Significant concentration of older structures of character. • Landscaped front yards and mature street trees. • Small lots and primarily residentially- scaled structures. DEVELOPMENT OPPORTUNITIES The following development opportunities define the major projects within the district. The descriptions approximate the development potential of each site, and do not indicate actual permitted capacities. These will be defined by development standards and design guidelines. Small Lot Infill. Existing vacant lots, and those with deteriorating structures that are not architecturally significant provide sites for small -scale office development, consistent with the architectural styles and scale of surrounding structures. Renovation. Refurbishment of existing structures for re-use as professional offices, services and institutional uses. Revitalization. Upgrading major office structures to make them competitive in the local office market. Page 3 of 6 75A -11 Midtown Speck Plan 93. DEVELOPMENT STANDARDS Permitted and Conditionally Permitted Uses Permitted Uses Permitted uses in the Broadway Corridor district shall be as follows. 1. Multiple family dwellings in buildings used for this purpose at the time of adoption of this specific plan. 2. Professional, business and administrative offices, including government, nonprofit, and similar office uses. Bail bonds are not permitted. 3. Medical and dental clinics, except psychology and counseling. 4. Day care facilities. Conditionally Permitted Uses The following uses may be permitted subject to the issuance of a Conditional Use Permit pursuant to the Santa Ana Municipal Code, 1. Places of worship provided they are located in freestanding buildings only. 2. Congregate care facilities, including convalescent homes, nursing homes, rest homes and extended care facilities. 3. Counseling and psychology offices. 4. five -work studios with galleries. 5. Cafes, restaurants or coffee houses, not exceeding 2,500 square feet. Building Envelopes General The permitted building envelopes in the Broadway Corridor District are defined by height and front yard setback requirements established for each block. Their primary purpose is to establish the relationship between public and private pedestrian space and the building wall which forms its edge. Setbacks define pedestrian space at the ground level and show where higher buildings (greater than 35 feet) can be sited. Exhibit 38, Broadway Corridor Height and Setbacks, defines the setback dimensions from property lines and other benchmarks throughout the district, and height limits and setbacks for buildings higher than 35 feet. Reference information on the exhibit shows existing buildings that are likely to remain, thereby indicating relationships between existing buildings an potential new development or revitalization. Chapter 7: Broadway Corridor District Midtown Specific Plan Also shown for reference are major features of the concept plan, including major open spaces, planned parking facilities and pedestrian access ways. Building Height Height is specified by number of stories and feet as measured from the pedestrian ground plane of the site. The maximum height for all buildings is 35 feet, or three stories, whichever is less. Setbacks Setbacks at ground level are established to enhance pedestrian space throughout the district, create compatible relationships between existing and future building street elevations and recognize opportunities to create new open space resources, such as plazas, pedestrian ways and landscaped areas. The major setback conditions are discussed below by street: Broadway. A twenty foot setback is required throughout the district. The majority of existing structures meet this standard. A twenty foot setback is required throughout the district.. The generous front yards is one of the most important characteristics of Broadway, and maintenance of these landscaped open spaces is crucial to preserving the streetscape. Sycamore Street. A 30 foot setback is required from Tenth Street to Washington. The long range land use policy is passive open space centrally located to the Midtown District. A 10 foot setback is required from Washington to Fifteenth Street. For the block from Washington to Fifteenth Street, a ten foot setback is required for new development. Several existing buildings likely to remain have lesser setbacks. The parcels at the Washington Street comer are designated as open space. Floor Area Ratio The General Plan designates a 0.5 to 2.0 FAR for the Broadway Corridor, while most small lot development, typical for the corridor, would not exceed 0.5 FAR. Parcel Size The minimum parcel area is 6,000 square feet with a minimum frontage of 50 feet. Page 4 of 6 75A -12 71 Midtown Specific Pfan Enhanced Intersection The City of Santa Ana may implement enhanced traffic movement intersections at Main and Broadway along Seventeenth Street in the future. Should these dedications and improvements be required as a condition of development, or should they be installed by the city, all development shall be adjusted accordingly to maintain setbacks, plazas, form, and FARs, as specified herein. 72 Page 5 of 6 75A -13 Midtown Specific Plan BROADWAY CORRIDOR �ICI �\ Chapter 7: Broadway Corridor District ENHANCED INTERSECTION SEVENTEENTH ST. r: g{ya o� I rl HEIGHT AND SETBACKS OU;T j ulf1G /E10(a4l 1635' UNLL'," MM,ATEU EX TTRMIBLDGSY ON _._.__. EXISTING CURB LINE ._.....- PROPERTY LINE Midtown Specific Plan ENHANCED �BLD�GS. L1 ELY�TO YAINUITI EXISTING SIDEWALK CANOPY ° OLDER CHARACTER PARKING P—G—MIXEMOMMIZONP •• ++ BLOCK PERIMETER SETBACK CJ BUILDING MONT (No. o1 Floo ) PROPOSED STTING OF NIGHER BUILDINGS PEDESTRIAN WAY • • • •-PROPOSED GROUND FLOOR ARCADE I== OPEN SPACEILANSCAPE AREA Exhibit 38 Broadway Corridor Height and Setbacks Page 6 of 6 75A -14 73 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE MIDTOWN SPECIFIC PLAN TO AMEND THE ALLOWED USES IN THE BROADWAY CORRIDOR DISTRICT 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. The Midtown Specific Plan was presented to the City Council at its meeting of November 18, 1996, and approved and adopted by Ordinance No. NS -2308 on or about December 2, 1996. B. In the almost 13 years since adoption of the Midtown Specific Plan it has been amended several times. C. Staff has recommended amending the uses permitted in the Broadway Corridor District of the Midtown Specific Plan to add the following uses: "Museums, libraries, galleries, theater and cinema, except those that require a conditional use permit." These uses are permitted in other Districts that make up the Plan, but are not currently permitted in the Broadway Corridor District. Section 2. Page 71 of Chapter 7 of the Midtown Specific Plan, delineating permitted uses in the Broadway Corridor is hereby amended as set forth in Exhibit 1 to this Ordinance to add the following permitted uses as a new paragraph no. 5: 5. Museums, libraries, -galleries, theater and cinema, except those that require a conditional use permit Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 75A -15 ADOPTED this day of , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney 0 Benjamin Kaufman Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 75A -16 EXHIBIT 1 DEVELOPMENT STANDARDS Permitted and Conditionally Permitted Uses Permitted Uses Permitted uses in the Broadway Corridor district shall be as follows. 1. Multiple family dwellings in buildings used for this purpose at the time of adoption of this specific plan. 2. Professional, business and administrative offices, including government, nonprofit, and similar office uses. Bail bonds are not permitted. 3. Medical and dental clinics, except psychology and counseling. 4. Day care facilities. 5. Museums, libraries, galleries, theater and cinema, except those that require a conditional use permit (Uses added) Conditionally Permitted Uses The following uses may be permitted subject to the issuance of a Conditional Use Permit pursuant to the Santa Ana Municipal Code. 1. Places of worship provided they are located in freestanding buildings only. 2. Congregate care facilities, including convalescent homes, nursing homes, rest homes and extended care facilities. 3. Counseling and psychology offices. 4. Live -work studios with galleries. 5. Cafes, restaurants or coffee houses, not exceeding 2,500 square feet. Building Envelopes General The permitted building envelopes in the Broadway Corridor District are defined by height and front yard setback requirements established for each block. Their primary purpose is to establish the relationship between public and private pedestrian space and the building wall which forms its edge. Setbacks define pedestrian space at the ground level and show where higher buildings (greater than 35 feet) can be sited. Midtown Specific Plan Also shown for reference are major features of the concept plan, including major open spaces, planned parking facilities and pedestrian access ways. Building Height Height is specified by number of stories and feet as measured from the pedestrian ground plane of the site. The maximum height for all buildings is 35 feet, or three stories, whichever is less. Setbacks Setbacks at ground level are established to enhance pedestrian space throughout the district, create compatible relationships between existing and future building street elevations and recognize opportunities to create new open space resources, such as plazas, pedestrian ways and landscaped areas. The major setback conditions are discussed below by street: Broadway. A twenty foot setback is required throughout the district. The majority of existing structures meet this standard. A twenty foot setback is required throughout the district.. The generous front yards is one of the most important characteristics of Broadway, and maintenance of these landscaped open spaces is crucial to preserving the streetscape. Sycamore Street. A 30 foot setback is required from Tenth Street to Washington. The long range land use policy is passive open space centrally located to the Midtown District. A 10 foot setback is required from Washington to Fifteenth Street. For the block from Washington to Fifteenth Street, a ten foot setback is required for new development. Several existing buildings likely to remain have lesser setbacks. The parcels at the Washington Street corner are designated as open space. Floor Area Ratio The General Plan designates a 0.5 to 2.0 FAR for the Broadway Corridor, while most small lot development, typical for the corridor, would not exceed 0.5 FAR. Exhibit 38, Broadway Corridor Height and Setbacks, defines the Parcel Size setback dimensions from property lines and other benchmarks The minimum parcel area is 6,000 square feet with a minimum throughout the district, and height limits and setbacks for buildings frontage of 50 feet. higher than 35 feet. Reference information on the exhibit shows existing buildings that are likely to remain, thereby indicating relationships between existing buildings an potential new development or revitalization. �lllll./LV1 / LIVUU YY LL�' Y✓V1111A1J1 L1J LLI�L 75A -17 71 75A -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2009 -06 TO EXPAND EXISTING STANDARDS FOR GRAFFITI ABATEMENT AND TO AMEND THE CITYWIDE DESIGN GUIDELINES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009 -06. 2. Adopt an ordinance modifying Chapter 33 of the Santa Ana Municipal Code relating to graffiti abatement for utility fixtures in the public right of way. 3. Receive and file amendments to the Citywide Design Guidelines. PLANNING COMMISSION ACTION On September 14, 2009, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2009- 06, and receive and file amendments to the Citywide Design Guidelines by a vote of 5:0 (Leo absent) to expand existing standards for Graffiti Abatement and to amend the Citywide Design Guidelines. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A). In addition, Chapter 33 will be amended consistent with the Graffiti Task Force's recommendations for abatement of graffiti placed on above ground utility fixtures. The amendment will give the City additional tools to require standardized colors for above ground fixtures, application of anti - graffiti coating to newly installed fixtures, and removal of, or painting over, graffiti in a timely manner. Staff has met with the utility companies serving the City to discuss the amendments. The utilities have no objections. 75B -1 zoning Ordinance Amendment No. 2009 -06 November 2, 2009 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. _� v--k- Jay_ . Trevino Executive Director Planning & Building Agency George varez Acting Executive Director Public Works Agency OS:rb os \Reports \Graffiti ZOA \zoa09 -06 Graffiti.= 75B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 14, 2009 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2009 -06 TO EXPAND EXISTING STANDARDS FOR GRAFFITI ABATEMENT AND TO AMEND THE CITYWIDE DESIGN GUIDELINES Prepared by Octavio Silva Executive Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning M ger RECOMMENDED ACTION Recommend that the City Council: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009 -06. 2. Receive and file amendments to the Citywide Design Guidelines. DISCUSSION Request of Applicant The City of Santa Ana is initiating a request to amend Chapter 41 of the Santa Ana Municipal Code (SAMC) and to create design and development guidelines to provide graffiti mitigation measures for major rehabilitation and new development projects. Background Covering an area of approximately 27.2 square miles, the City of Santa Ana has large commercial and industrial areas as well as miles of bike trails and flood channels. As a large urbanized area, the City faces a number of issues, one of which is graffiti. Graffiti is a visual blight in the community and approximately 5,000,000 square feet of graffiti is abated from public and private property annually. In order to address graffiti, the Graffiti Task Force was established in 2006. It is comprised of multiple city agencies with representatives from Public Works, Police, Parks and Recreation, Planning and Building, Community Development, City Attorney and the Santa Ana Unified School District deals with graffiti related issues. EXHIBIT A 75B -3 Zoning Ordinance Amendment No. 2009 -06 September 14, 2009 Page 2 The Planning Division goals for the 2009 Graffiti Task Force Action Plan include amending the SAMC in order to strengthen existing graffiti mitigation measures. A second goal involves amendments to the City -Wide Design Guidelines to add graffiti mitigation measures. Appropriate development standards have been identified as an important factor in the long -term effort to combat graffiti and graffiti related crimes (Exhibit 1). While graffiti mitigation regulations currently exist within Chapter 41 of the SAMC, a need to strengthen existing standards and guidelines has been identified. Analysis of the Issues In August of 2006, the City of Santa Ana amended various chapters of the SAMC to address graffiti related concerns, which included standards for graffiti abatement within Chapter 41. The Planning Division's implementation of graffiti abatement standards occurs through the City's Site Plan Review Process. The Site Plan Review Process is the method by which City agencies review development project submittals and identify the requirements and conditions of approval for a development project, such as increased landscaping along perimeter fences and the use of decorative stone and materials on blank building surfaces in order to deter graffiti. The Citywide Design Guidelines also provide architectural and landscaping recommendations to prevent graffiti. Chapter 41 Amendments The proposed code amendments to Chapter 41 of the SAMC would expand existing Standards for Graffiti Abatement by including specific graffiti mitigation measures, such as the use of protective coatings, lighting, non -solid fencing, water projection systems and landscaping as a means to deter graffiti. As part of a Santa Ana Police Department survey of existing anti - graffiti standards, it was determined that municipalities are currently utilizing such measures to mitigate graffiti (Exhibit 2). Additional code amendments to Chapter 41 of the SAMC include a provision for the retro- fitting of existing graffiti- attracting surfaces. 75B -4 Zoning Ordinance Amendment No. 2009 -06 September 14, 2009 Page 3 Citywide Design Guideline Amendments The proposed amendment. to the Citywide Design Guidelines is intended to provide supplementary design guidance with issues not explicitly stated in the SAMC (Exhibit 3) . The proposed Graffiti Mitigation Guidelines include design recommendations relating to the treatment of blank walls and surfaces, the use of scratch resistant glass and enhanced landscaping to prevent graffiti through design. The new guidelines would act as a reference to implement graffiti mitigation requirements in a functional and aesthetically pleasing manner. The Citywide Design Guidelines were developed in 2006. According to the municipal code, amendments to these guidelines are established by the Executive Director of the Planning and Building Agency, who will include input as may be provided by the Planning Commission. Thereafter these amendments are submitted to the City Manager with copies to the Mayor and City Council. The City Council may choose at its next regularly scheduled meeting to set the item for discussion; otherwise the proposed changes will be incorporated into the Citywide Design Guidelines. On August 3, 2009 the City Council adopted an ordinance adding Article IV to Chapter 10 of the SAMC related to anti - graffiti measures. Additional Changes to Chapter 41 of the SAMC were referred to the Planning Commission. As a result of a thorough analysis, and consist with the Graffiti Task Force's 2009 Anti- Graffiti initiatives, staff recommends that the Planning Commission adopt Zoning Ordinance Amendment No. 2009- 06 as proposed. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15321. Categorical Exemption Environmental Review No. 2009 -107 will be filed for this project. C Octavio Silva Assistant Planner I OS:jm M: \Reports \Graffiti ZOA \zoa09 -06 Graffiti.pc 75B -5 Verny Carvajal Senior Planner Chapter 41 Proposed Graffiti Revisions: Sec. 41- 638.2. Standards for graffiti abatement. (a) Condition Tentative Maps. In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the city shall consider imposing any or all Felated of the following conditions, or other similar or related conditions, at the public hearing required by law for approval of the tentative or parcel map, conditional use permit, variance or other similar land use entitlement-.4f appFeved.- (a)i. Use of anti - graffiti material. Developer shall apply an anti - graffiti material of a type and nature that is acceptable to the °x^��e Executive Director of Planning and Building or designee, to each of the publicly - viewable surfaces on the improvements to be constructed on at the site deemed by the Executive Director of Planning and Building, or designee, to be likely to attract graffiti " ; (#iii. Right of access to remove graffiti. Developer shall grant, in -a farm prior to resale of any of the parcels that are within the territory of the map, the right -of -entry over and access to such parcels, upon forty -eight (48) hours of posting of notice by authorized city employees or agents, to the city for the purpose of removing or "painting over" graffiti; iii. Supply City with Graffiti- Removal Material. Developer shall, for a period of two (2) years after the resale of the final lot, provide the City with sufficient matching paint and/or anti - graffiti material on demand for use in the painting over or removal of graffiti; or (G)iv. Owner to immediately remove graffiti. Developer shall provide, either as part of the general conditions, covenants and restrictions, or as separate covenants recorded against individual lots, prior to resale of sarne propeFty 9F 1 any of the parcels, w#iGh covenant shall with the land aR d be fbF the benefit of the pity, in ZO.Ay 09 -6 7�% 1 a form satisfactory to the city may, that the owner of the lots shall immediately remove any graffiti placed thereon. (b) Design of Potential Graffiti- Attracting Surfaces. Any applicant for design review approval, conditional use permit, special use permit, unclassified use permit, development agreement, or other form of development or building permit shall, to the extend deemed feasible by the Executive Director of Planning and Building or designee, have designed any building structures visible from any public or quasi - public place is such a manner to consider prevention of graffiti, including, but not limited to the following: L Use of a protective coating to provide for the prevention of or the effective and expeditious removal of graffiti ii. Use of additional lighting as a means of deterrence iii. Use of non -solid fencing iv. Use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation; V. Use of architectural design to break up long, continuous walls or solid areas; or vi. Use of a water projection system activated by a motion sensor. (c) Retro -Fit Existing Graffiti- Attracting Surfaces: Non - Residential Structures. The following provisions may be incorporated in a graffiti eradication order issued pursuant to Article VII of Chapter 17 of this Code, at the discretion of the City and /or hearing officer. L At Owner's Expense. Any surface of a structure on a parcel of land used for non - residential purposes that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall be declared a public nuisance and required to be retrofitted, at the cost of the property owner, with features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. In exercising the authority hereunder, the City may not impose a cost on the property owner of an amount greater than that established or approved by City Council. 75B -7 ii. At City's Cost. The owner of property used for non - residential purposes on which is located a surface of a structure that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall permit the City to enter the property and, at the City's cost, make modifications as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. •7 Typical Anti - Graffiti Measures in California City Existing Anti - Graffiti Measures The City of Stockton, California "The design shall include an appropriate mix of materials and landscaping subject to the approval of the Director, including materials designed to discourage graffiti (i.e. vines, shrubs with thorns, etc.)." The City of La Mesa, California "Landscaping shall be installed to provide screening of blank building or retaining walls to discourage graffiti. A dense row of trees or vines which will climb to cover blank wall areas shall be utilized. In addition, shrubs which exhibit thorns may also be utilized to inhibit access to the wall area. The landscaping should be designated to provide substantial coverage of the wall within a one -year period after installation." The City of Turlock, California "Design of graffiti attracting surfaces: Developer shall design all graffiti attracting surfaces in a manner which limits or prevents the defacement of such surface with graffiti. Acceptable method of design includes, but is not limited to, the use of landscaping, anti - graffiti materials, and the physical orientation of such structures." The City of Huntington Beach, "Wall /fence design should complement the California project's architecture. Landscaping should be used to soften the appearance of wall surfaces. Walls and fences within front and exterior side yards of commercial sites should be avoided. Unless walls are required for screening or security purposes they should be avoided. Security fencing should incorporate solid pilasters, or short solid wall segments and view fencing. The design of security fencing should be enhanced. Long expanses of fence or wall surfaces should be offset and architecturally designed to prevent monotony. Landscape pockets (12 feet wide by 3 feet deep) should be provided at 70 foot minimum intervals along the wall." ' � J CHAPTER 17 —GRAFFITI MITIGATION GUIDELINES Chapter 17 Graffiti Mitigation Guidelines 17.1 INTRODUCTION The Graffiti Mitigation Guidelines are intended to assist site designers and developers in implementing the City's goals to prevent graffiti and reduce visual blight. This Chapter provides guidance in the development and rehabilitation of all residential, commercial and industrial sites. Graffiti Mitigation Guidelines should be incorporated into the design phase of a project to ensure a quality and graffiti -free development. Figure 17 -1: Increased landscaping provides coverage along blank walls and surfaces 17.2 GENERAL DESIGN OBJECTIVES The objectives of these guidelines are to encourage well designed developments that: CITY OF SANTA ANA CITYWIDE DESIGN GUIDELINES ■ Utilize design features to reduce the opportunity for graffiti and associated vandalism. ■ Incorporate graffiti mitigation measures in the design of new and rehabilitated development projects. ■ Include graffiti mitigation measures, such as increased landscaping and lighting that complement the aesthetic character of the site. Figure 17 -2: The planting of shrubs and use of architectural design discourage graffiti 17.3 GRAFFITI MITIGATION THROUGH ARCHITECTURAL DESIGN The following building design and site improvements should be considered in order to minimize graffiti attracting surfaces: ■ Building Facades should be articulated with architectural elements and details. Vertical and horizontal offsets should be provided to minimize large blank walls. pZOA�09 -6 7 5 B"' 1`�'I' 3 PAGE 17- 1 Building walls should be improved with architectural treatments such as stacked stone or decorative accents to limit blank walls and open surfaces. Figure 17 -3: Architectural treatments such as stacked stone or natural stone are highly encouraged ■ ■ ■ ■ Avoid building designs that allow for easy roof access. Access to the roof should be from an interior location and method. All commercial or industrial store fronts should be improved with durable scratch - resistant glass or film to discourage vandalism. Long expanses of perimeter fencing or walls should be offset and architecturally designed to prevent monotony. Anti - graffiti coatings should be applied to all business identification signs. CITY OF SANTA ANA CITYWIDE DESIGN GUIDELINES CHAPTER 17 — GRAFFITI MITIGATION GUIDELINES ■ The design of refuse, storage and equipment areas should incorporate landscaping to screen blank and open surfaces. ■ Careful consideration should be placed on the location of refuse, storage and equipment enclosures in order to restrict accessibility to roof areas. Figure 17 -4: Avoid building designs that allow for easy roof access 17.4 LANDSCAPING Landscaping should be considered an important design element in the mitigation of graffiti and graffiti related vandalism. The following landscape design concepts should be utilized in order to minimize graffiti: 75B -11 ■ Provide landscaping such as vines at regular intervals to screen blank building walls and perimeter fencing. The landscaping should be designated to provide PAGE 17- 2 CHAPTER 17 — GRAFFITI MITIGATION GUIDELINES substantial coverage of walls within a one -year period after 17.5.1 LIGHTING installation. ■ Recommended landscape vines include: Boston Ivy (Parthenocissus tricuspidata) and Fig Ivy(Ficus pumila) Figure 17 -4: Example of landscaping vines providing building wall screening. ■ Self- protecting landscaping or shrubs that exhibit thorn like features may also be utilized to inhibit access to wall areas. ■ The placement of planters and flower pots in building recesses and adjacent to blank walls is highly recommended. 17.5 SECURITY EQUIPMENT The use of security equipment as a graffiti mitigation measure is an important factor in the deterrence of graffiti. The following security systems are recommended in order to minimize graffiti: CITY OF SANTA ANA CITYWIDE DESIGN GUIDELINES ■ Security lighting should be designed as a part of a comprehensive lighting plan. ■ Security lighting should be provided around the perimeter of all buildings and parking areas. ■ Security light fixtures and structural supports should be architecturally compatible with the theme of the development. 17.5.2 MOTION ACTIVATED SYSTEMS ■ The use of motion activated systems as a means to deter graffiti is highly recommended. Systems include water projection mechanisms that sense motion and exhibit water from dedicated sprinkler lines. Figure 17 -6: Isolated areas in which motion activated systems would be ideal to deter graffiti. 75B -12 PAGE 17- 3 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S REGULATION OF GRAFFITI. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Council finds and determines that the spread of graffiti on public and private buildings, walls, signs and other structures or places or other surfaces causes blight within the City, resulting in a genuine threat to life, incalculable economic losses to businesses in terms of physical property, profits and goodwill, and the general deterioration of property and business values for adjacent and surrounding properties. B. The Council further finds and determines that the impacts of graffiti are far beyond the cost of cleanup or removal. Not only is graffiti a property crime, but a social crime on the quality of life and freedom from intimidation citizens desire within their neighborhoods. C. The City Council intends, through the adoption of this Ordinance, to expand existing standards for Graffiti Abatement and to amend the Citywide Design Guidelines. In addition, this Ordinance adopts recommendations for the abatement of graffiti placed on above ground utility fixtures, including additional tools to require standardized colors for above ground fixtures, application of anti - graffiti coating to newly installed fixtures, and removal of, or painting over, graffiti in a timely manner. D. The City Council is authorized to enact this Ordinance pursuant to its police powers as specified in Section 200 of the City Charter, as well as various provision of State Law including Sections 1714, et seq. of the California Civil Code and Sections 38772, et seq. of the California Government Code. E. 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 -XXX 758 -13 Page 1 of 6 Section 418 of the City Charter. 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. F. On August 17, 2009, the City Council adopted Ordinance No. NS- 2791 amending the Santa Ana Municipal Code to update the City's regulation of graffiti. The planning and public works issues related to the instant Ordinance were separated from the previous ordinance in order to allow the Planning Commission and staff an opportunity to review the material. G. On September 14, 2009, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2009 -06, and receive and file amendments to the Citywide Design Guidelines by a vote of 5:0. H. Staff also met with the utility companies serving the City to discuss the amendments, and the utility companies have no objections to the ordinance. Section 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER 2009 -107 will be filed for the project. Pursuant to Title XIV, California Code of Regulations ( "CCR ") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Section 33 -32.20 is added to Chapter 33 of the Santa Ana Municipal Code to read in full as follows: Sec. 33- 32.20. Standards for graffiti abatement. (a) Common Utility Colors and Paint -Type. Any gas, electric, telephone, water, sewer, cable, telephone and other utility operating in the City shall paint its above - surface fixtures with a uniform paint type, specific to each company, and color that meets with the approval of the Director of Public Works, or the designee of the Director of Public Works. (b) Condition Encroachment Permits. All encroachment permits issued by the City shall, among such other things, be conditioned: Ordinance No. NS -XXX Page 2 of 6 75B -14 L The permittee's application of an anti - graffiti material to the encroaching object of a type and nature that is acceptable to the Director of Public Works, or the designee of the Director of Public Works; ii. The permittee's removal of any graffiti within 48 hours, excluding weekends or holidays, after notification; iii. The City's right to remove graffiti or to paint the encroaching object upon the permittee's failure to remove the graffiti within 48 hours, excluding weekends or holidays, after notification; or iv. The permittee's providing the City with sufficient matching paint and/or anti - graffiti material on demand for use in the painting of the encroaching object containing graffiti. Section 4. Section 41 -638.2 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41- 638.2. Standards for graffiti abatement. (a) Condition Tentative Maps. In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the city shall consider imposing any or all related of the following conditions, or other similar or related conditions, at the public hearing required by law for approval of the tentative or parcel map, conditional use permit, variance or other similar land use entitlement. if approved: �a i. Use of anti - graffiti material. Developer shall apply an anti - graffiti material of a type and nature that is acceptable to the exesetive— d+restGF of ptaRRORg and build449 Executive Director of Planning and Building or designee, to eaAh e# the publicly - viewable surfaces on the improvements to be constructed ea at the site deemed by the Executive Director of Planning and Building, or designee, to be likely to attract graffiti e {iii. Right of access to remove graffiti. Developer shall grant, +n-e prior to resale of any of the parcels that are within the territory of the map, the right -of -entry over and access to such parcels, upon forty - eight (48) hours of posting of notice by authorized city Ordinance No. NS -XXX 758 -15 Page 3 of 6 employees or agents, to the city for the purpose of removing or "painting over" graffiti; from gFa #iti attraGtiRg w aGe6 pFeviewsly - de6igRated by the diFester, and - the Fight to Mr iii. Supply City with Graffiti- Removal Material. Developer shall, for a period of two (2) years after the resale of the final lot, provide the City with sufficient matching paint and /or anti - graffiti material on demand for use in the painting over or removal of graffiti; or {c4iv. Owner to immediately remove graffiti. Developer shall prav+de, either as part of the general conditions, covenants and restrictions, or as separate covenants recorded against individual lots, prior to resale of name property Gr 'enrJ any of the parcels, w#+sh covenant she" r,,., with the 'and and he fer the hor,ofit Of the G;ty, in a form satisfactory to the city a#eFRey, that the owner of the lots shall immediately remove any graffiti placed thereon. (b) Design of Potential Graffiti- Attracting Surfaces. Any applicant for design review approval, conditional use permit, special use permit, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the Executive Director of Planning and Building or designee, have designed any building structures visible from any public or quasi - public place is such a manner to consider prevention of graffiti, including, but not limited to the following: L Use of a protective coating to provide for the prevention of or the effective and expeditious removal of graffiti ii. Use of additional lighting as a means of deterrence iii. Use of non -solid fencing iv. Use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation; V. Use of architectural design to break up long, continuous walls or solid areas; or vi. Use of a water projection system activated by a motion sensor. (c) Retro -Fit Existing Graffiti- Attracting Surfaces: Non - Residential Structures. The following provisions may be incorporated in a graffiti Ordinance No. NS -XXX Page 4 of 6 75B -16 eradication order issued pursuant to Article VII of Chapter 17 of this Code, at the discretion of the City and /or hearing officer. L At Owner's Expense. Any surface of a structure on a parcel of land used for non - residential purposes that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall be declared a public nuisance and required to be retrofitted, at the cost of the property owner, with features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. In exercising the authority hereunder, the City may not impose a cost on the property owner of an amount greater than that established or approved by City Council. ii. At City's Cost. The owner of property used for non- residential purposes on which is located a surface of a structure that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall permit the City to enter the property and, at the City's cost, make modifications as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. Section 5. 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 12009 APPROVED AS TO FORM: Miguel A. Pulido Mayor Ordinance No. NS -XXX 75B -17 Page 5 of 6 Joseph W. Fletcher, City Attorney Ryan O. Hodge Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No. NS -XXX Page 6 of 6 Clerk of the Council City of Santa Ana REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: PUBLIC HEARING — APPEAL NO. 2009 -04 FOR CONDITIONAL USE PERMIT NO. 2006 -20 AND VARIANCE NO. 2006 -13 TO ALLOW A PARKING LOT IN THE MIDTOWN SPECIFIC PLAN DISTRICT AND TO REDUCE THE REQUIRED LANDSCAPED SETBACKS AND PARKING LOT LANDSCAPING AT 202 EAST SEVENTEENTH STREET — CARIBOU INDUSTRIES, APPLICANT i, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution approving Appeal No. 2009 -04 of Planning Division Condition No. 5b. 2. Adopt a resolution approving Conditional Use Permit No. 2006 -20 as conditioned to allow a parking lot. 3. Adopt a resolution approving Variance No. 2006 -13(a) as conditioned to allow a reduction in landscaped setbacks. 4. Adopt a resolution approving Variance No. 2006 -13(b) as conditioned to allow a reduction in parking lot landscaping. PLANNING COMMISSION ACTION On September 14, 2009, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2006 -20 as conditioned to allow a parking lot; adopted a resolution approving Variance No. 2006 -13(a) as conditioned to allow a reduction in landscaped setbacks; and adopted a resolution approving Variance No. 2006 -13(b) as conditioned to allow a reduction in parking lot landscaping by a vote of 3:1 (Gartner opposed, Betancourt abstained, Leo absent) in the Midtown Specific Plan (SP3) zoning district at 202 East Seventeenth Street. The Planning Commission added Condition No. 5 to the Planning Division conditions of approval for the project as outlined in the attached staff report (Exhibit A) which required: • Condition No. 5(a): New landscaping to be installed at the northwest corner of the site; 75D -1 Appeal No. 2009 -04 Conditional Use Permit No. 2006 -20 Variance No. 2006 -13 November 2, 2009 Page 2 • Condition No. 5(b): Three new trees be planted within the interior of the parking lot; • Condition No. 5(c): The replacement of all damaged and missing concrete curbing; • Condition No. 5(d) The removal of Bush Street setback, including the located on private property; and, • Condition No. 5(e): The removal of Street planter and the installation Tree. the liquidambar tree from the tree trunk (stump) and roots the Yucca Trees from the Bush of a 24 -inch Australian Willow On September 21, 2009, the applicant appealed the determination of the Planning Commission due to concerns with Condition No. 5(b), a condition that was added by the Commission. This condition requires the applicant to install three tree wells, irrigation for the trees and concrete curbing within the interior of the parking lot. The condition was added in an effort to bring the interior of the parking lot into closer compliance with the City's landscape standards, which is one 8 1/2 foot by 18 foot landscaped planter for every 10 parking spaces. However, due to the small size of the lot, it was infeasible to provide the code required planters. The applicant's concerns with the t: parking lot are that they will become vehicles. The applicant stated that used the parking lot and the addition the lot and the trees may be damaged requiring constant replacement. ,ee wells in the interior of the an obstacle and traffic hazard to larger vehicles have historically of the trees would further confine Dr destroyed by the vehicles, thus In lieu of three interior trees, the applicant has agreed to plant the same number of queen palm trees within the newly created landscape planter at the northwest corner of the site. The applicant is proposing to install 8 foot palm trees. Staff is in agreement with this request provided the trees are 8 foot brown trunk trees, which will result in palm trees approximately 12 feet in height. This would result in the establishment of a significant landscape element along a major thoroughfare and will serve as a visual gateway to several city neighborhoods. The applicant's appeal application did not accurately reflect Planning Division Condition No. 5(d). In order to clarify, this condition requires the applicant to remove the existing liquidambar tree along Bush Street, including the trunk and all roots on private property. The 75D -2 Appeal No. 2009 -04 Conditional Use Permit Variance No. 2006 -13 November 2, 2009 Page 3 No. 2006 -20 appeal application mistakenly assigned responsibility for stump and root removal to the City, which does not reflect the action of the Planning Commission. The City will be responsible for any needed root removal within the public right -of -way. As these trees, in conjunction with the additional landscaping proposed by the applicant, will create a significant visual element on the site, and the same number of trees will still be installed, staff is recommending that the City Council approve Appeal No. 2009 -04. FISCAL IMPACT There is no fiscal impact associated with this action. 2S�-A� J M. Trevino Executive Director Planning & Building Agency VF:rb vf\ reports \cup06- 20va06- 13.cc- appea1 75D -3 75D -4 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 14, 2009 TITLE: PUBLIC HEARING - FILED BY CARIBOU INDUSTRIES FOR CONDITIONAL USE PERMIT NO. 2006 -20 AND VARIANCE NO. 2006 -13 TO ALLOW A PARKING LOT IN THE MIDTOWN SPECIFIC PLAN DISTRICT AND TO REDUCE THE REQUIRED LANDSCAPED SETBACKS AND PARKING LOT LANDSCAPING AT 202 EAST SEVENTEENTH 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 Manager RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2006 -20 as conditioned to allow a parking lot. 2. Adopt a resolution approving Variance No. 2006 -13(a) as conditioned to allow a reduction in landscaped setbacks. 3. Adopt a resolution approving Variance No. 2006 -13(b) as conditioned to allow a reduction in parking lot landscaping. DISCUSSION Request of Applicant Caribou Industries, on behalf of property owner 5 Goodyear LLC, is requesting approval of a conditional use permit and a variance in order to allow a parking lot at 202 East Seventeenth Street. Specifically, the applicant is requesting approval of a conditional use permit to allow a parking lot within the Midtown Specific Plan (SP -3) project area and a variance for a reduction in the required landscaped street setbacks. Property Descrivtion The project site is a 17,000 square foot parcel of land located on the southeast corner of Seventeenth and Bush Streets. The site contains no structures and is currently utilized as an overflow parking lot for the building located at 1666 North Main Street. The site was formerly occupied by a service station that was constructed in 1958 and demolished EXHIBIT A 7501-5 Conditional Use Permit No. 2006 -20 Variance No. 2006 -13 September 14, 2009 Page 2 in 1995. The site remained vacant until 2000, when the parking lot was constructed without benefit of permits from the Planning and Building Agency. While stand -alone parking lots are conditionally permitted uses within this zone, the current improvements are not considered legal due to the lack of permits. The site is zoned Midtown Specific Plan /Bush Street Professional District (SP -3) with a corresponding land use designation of Professional and Administrative Office (PAO). Surrounding land uses include commercial and office to the north, single- family and multiple- family residential to the south, and commercial to the east and west (Exhibits 1 and 2). Project Description The applicant is proposing to legalize the existing parking lot for use as overflow parking for the building located at 1666 North Main Street. The lot, as proposed, will contain a total of 45 parking spaces. The parking lot will meet all City standards, including double striping, stall width, stall length and minimum back -up area, except for the required landscaped setbacks. Other improvements will be made to the site that include new landscaping and irrigation in the front yard planters, resurfacing of the parking lot and drainage in compliance with National Pollutant Discharge Elimination System requirements for treating storm water runoff (Exhibit 3). Analysis of the Issues Conditional Use Permit Stand alone parking lots are conditionally permitted uses within the Bush Street Professional District of the Midtown Specific Plan (SP -3) . The proposed parking is intended to provide additional guest parking spaces for the building located one block west of the site at 1666 North Main Street (Santa Ana Business Bank building) , which was formerly owned by Caribou Industries, and is now owned by 5 Goodyear LLC. The parking lot will contribute to the general well being of the community by providing an additional overflow parking facility to individuals who work in the area, especially the 1666 North Main Street building. It will also contribute to the general well being of the area as the various hardscape and landscape improvements required for the property will improve the appearance of the site, which serves as an entry point into the French Court and French Park neighborhoods. 75D -6 Conditional Use Permit No. 2006 -20 Variance No. 2006 -13 September 14, 2009 Page 3 Landscaping Variance In conjunction with the conditional use permit application, the applicant is requesting a variance for a reduction in landscaped setbacks along both Seventeenth and Bush Streets and for a reduction in required parking lot landscaping. The Bush Street Professional District of the Midtown Specific Plan requires a 15 -foot wide setback on Seventeenth Street and a 20 -foot wide setback on Bush Street. Further, the Commercial Development Standards require one landscape planter for every 10 parking stalls. The applicant is proposing to maintain the existing five -foot setback on both Seventeenth and Bush Streets and not incorporate new landscaping within the parking lot. The parking lot was originally constructed without landscaped setbacks, which enabled the property owner to have approximately 51 parking spaces. These spaces were then used by the tenants of the 1666 North Main Street building, which was also owned by the previous property owner. As proposed, the project results in the reduction of six parking spaces from the existing lot. If constructed to the required setback dimensions, the number of available parking stalls would be reduced by approximately nine additional parking spaces, for a total reduction of 15 spaces. The applicant has indicated that the property was sold to 5 Goodyear LLC with the obligation for a minimum of 45 spaces on the parking lot, with a further reduction potentially placing Caribou Industries in breach of this sales agreement. Further, the property owner, 5 Goodyear LLC, required Caribou to apply for and obtain the permits necessary to legalize the lot. The applicant has indicated that this proposal retains 45 spaces while at the same time legalizing the use and bringing the site into closer compliance. Although the applicant's existing contractual obligation is important for a full understanding of his proposal, it is not adequate to substantiate the variance request. To that end, staff performed an analysis of the prevailing setbacks in the area as they relate to the provisions of the Mid -Town Specific Plan. Staff found that several structures adjacent to the site have prevailing setbacks that are less than required by the SP -3 zoning. The structures located on Seventeenth Street that are situated east and west of the project site have a setback that ranges from zero to three feet. Further, the residential structure located south of the site has a 10 -foot landscaped setback. The parking lot is located in an existing urban setting that has narrower landscape edges. Setbacks that range from 15 to 20 feet are typical of a suburban development in a suburban setting; however, a 75D -7 Conditional Use Permit No. 2006 -20 Variance No. 2006 -13 September 14, 2009 Page 4 reduced landscaped setback, which still allows adequate space for mature plant growth, is appropriate in an urban setting. Due to the prevailing setbacks of these structures, a setback of five feet along Seventeenth Street and Bush Street is appropriate for this site. To lessen the reduction in landscaped setbacks and parking lot landscaping, staff is including a condition of approval that requires the applicant to install landscaping that exceeds the minimum sizes required by code. The parking lot will also be reslurried and restriped to comply with current City codes. These actions will assist in providing an aesthetically enhanced parking lot along Seventeenth and Bush Streets. On July 27, 2009, the Planning Commission held a public hearing on the two applications. During the hearing, issues pertaining to the unpermitted use of the lot for parking, the poor condition of the existing landscaping, potential improvements in the public right -of -way, the lack of maintenance of the parking lot and the minimal landscaping proposed for the project were raised by the Commission. At the conclusion of the hearing, the Commission continued the item and requested that the applicant return with a revised site /landscape plan that included the clean -up and /or removal of the existing landscaping, the replacement of the six -inch concrete curbs located around the landscape planters, and the installation of additional landscaping at the northwest corner of the site and the interior parking lot area. Since the hearing, staff has discussed these improvements with the applicant's representatives on several occasions. The applicant has decided to not propose any landscaping improvements to the site at this time and has not submitted a revised site plan or landscape plan. Based on the above analysis, staff recommends that the Planning Commission approve Conditional Use Permit No. 2006 -20 as conditioned to allow a parking lot in the SP -3 zoning district and approve Variance No. 2006 -13 as conditioned to allow a reduction in landscaped setbacks and parking lot landscaping provided additional landscaping is installed at the northwest corner of the site and within the interior parking lot area as discussed by the Planning Commission. Conditional Use Permit No. 2006 -20 Variance No. 2006 -13 September 14, 2009 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15311. This Class 11 exemption allows the construction of minor accessory structures such as parking lots on commercial property. Categorical Exemption No. 2006 -171 will be filed for this project. kl,- (;�:r Vince Fregos A CP Principal P T er VF jm vf\ reports \cup06- 20va06- 13.091409.pc 75D -9 R1 R1 R1 R1 I CH R1 R1 P s R1 R1 R1 R1 R1 HDII R1 R1 R1 R1 R1 a ` ST R1 R1 C= R1 R1 BMNDMY LL R1 T. arm �Prnn w,ao R :�� R1 R2 Rp 3 Rl P o y MD ct- R1 „z p e R2 F' T R1 R1 ,�. HD I R1 R2 In v D R1 z°e a -- R2 R2 Ri 0 T PD I R1a. n s -R1 2 R1 R1 R1 y R1 R1 < R1 % p C1 R1 l R1 p C1- R1 Rt MD P- R1 R1 R1 R1 411 Rou s w 1=e s R2 � R1 o roTH S ° cr R, s R1 2- I - - °P �T MD R1 F cl- s� MD ro- �_ t < R7 R7 -R R2 R1 R1 R1z P I O P R2 € R2 R1 R7 P R1 R1 R2r R2 P O AD 3T R2 1c, R2 ®, ,� _ gRZ -�,f R2 -B P- P -e P D� MD P 18a PROJECT SITE "" C4 m SD -73 C! os ci t 51 1 C1 r, Ct Ct C7 C1-MD m a - H+ a N R, C5 _ u 17TH ST. – — - -- -- C1 C1 - - - , Y I _rot ci ron p *a R, -e C5 © �5 CS SP -3 3 sP -3 e C5 0 3 -3 S3 RS R3 R3 R3 n,e Rt Rt C1 o SP 3 SP -+ *� D R3 R3- R3 4 0 'R2 HDII HDII HD II " R3- R3- I F C2 Rl ° eon Hon R3- zSP SP SP SP R3 R3 R3 Rai 'L2 R1 Non -3 -3 R1 SP SP SP R3 R3 R3 0 M1 M1 '� FRFFW -3 -3 -3 - - qy R3- R3- R3- M2 R2 HD u Rt R2 HO 11 HO 11 0 R3- SP j SP -3 SP -3 HDII 3 S3� R+3 R3 R3 Ro M2 I -SP-3 R2 R2 R2 R2 P P R2 sP SP -3 {' c2 cz R: s .3 M 2 � y $ ry Rt R2 R2 P R2 SP -3 SP -3 r, % M2 SP -3 SP -3I M2 ' R2 W. M2 P P a� E Rz a I 1p M� 0 P R2 R2 SP 3 s3 Mme, 16 M2 0 SP -3 sT PP R2 P — ., Rz E 5` �z R R a R2 s P R1 P P SP -3 sP ' s SD- p P P SP -3 SP -3 SP -3 9 P SP 3 ! s3 A SD -20 a 0 ti 0 GC CIVIC NTE fl. n N avH sTH Sr SPrn P` PZ F % tc ` 1:c M2 GC Lr' �I SP -3I� 3 Pte, A2 2 Tom' M" M� GC Imo, GC C3-HDU -- ) ro p HDn P2 tFfi•'` \•'\ \� Al GENERALAGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE - FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO- FAMILY RESIDENCE C -SM COMMERCIAL SOUTH MAIN Mt LIGHT INDUSTRIAL R3 MULTIPLE - FAMILY RESIDENCE Cl COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS Cl -MD COMM. COMMERCIAL- MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL 0 OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRALBUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3 -A CENTRAL BUSINESS - ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL CUP 06 -20NA 06 -13 SEVENTEENTH STREET PARKING LOT 202 EAST SEVENTEENTH 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 7' -B1TO 1 COMMERCIAL J Q w O y W Q } CUP 06 -20NA 06 -13 n SEVENTEENTH STREET PARKING LOT, 202 EAST SEVENTEENTH 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 75D -11 J J RESIDENTIAL Q 2 2 W W p W O W U W O W � (~ N 2 aC W W U 2 C O M M E R C I A L H W C O M M E R C I A L y O J SEVENTEENTH STREET z Q J COMMERCIAL R U OFFICE W Q J Z J Q O Z Q U O z 2 � W W � Q N p � — Z m U N U p W W U W ¢ S W SIXTEENTH STREET COMMERCIAL J Q w O y W Q } CUP 06 -20NA 06 -13 n SEVENTEENTH STREET PARKING LOT, 202 EAST SEVENTEENTH 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 75D -11 w 10ZL6 VD 'VNV V1NVS ARE &A 00 No Im Owo �Fw�a m = NIM N 9991 ONDIWd IVNOIlI00V 91 Id c j p y 1 I I y I _ 3nn unaao I I = \ LU \ F- LU _ w Z �W w 3 °d \_ o 0 o 2 \ = o gs=` il�KS Hsno -------------------- - =1 rTr77------- - - - - -- - - -- M IFM-11 ■mil 0 z = o to LL o ~O S U V a < O O Z Z Oo f° v ° ° go �j owl Oa itsw 0 p x � iLLmo �w m Ou O z a Z w z0 z O m z mrn wH w HIS W a ° a+ z m m its! go G O i s sit °�jwE � w� ? z�c� p w w O g, EzNxw O� O W w O F am m cR z O O r w DIU °� O o ° , n .y.. o..,, •rp. ..w,..,,. f�..�. ' _ LL U za F� Y W OO � OO d A t I �Z O ? w at o z Sa OOO 1�� �OOx, "iz, o� a M IFM-11 ■mil bk:7/22/09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2009 -04 AND GRANTING CONDITIONAL USE PERMIT NO. 2006 -20 AS CONDITIONED TO ALLOW A PARKING LOT AND VARIANCE NOS. 2006 -13A AND 2006 -13B AS CONDITIONED TO ALLOW A REDUCTION IN LANDSCAPING FOR THE PROPERTY LOCATED AT 202 EAST SEVENTEENTH STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of a conditional use permit to operate a surface parking lot and two variances to reduce the required landscaping for the property located at 202 East Seventeenth Street. B. Conditional Use Permit No. 2006 -20, and Variance Nos. 2006 -13a and 2006 -13b ( "the matter ") came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 11, 2009. On that date consideration of the matter was continued to June 8, and again on June 8 to June 22. No meeting was held on June 22, so the matter was duly renoticed for a public hearing on July 27, 2009, and at that time continued by vote of the Commission to September 14, 2009. C. At that place and time, following the public hearing the Planning Commission granted the application, but with a condition with respect to adding trees to the interior of the parking lot to which applicant objected. This appeal followed. D. In lieu of the interior trees condition imposed by the Planning Commission, the applicant has agreed to plant the same number of queen palm trees within a newly created landscape planter to be located at the northwest corner of the site. Staff supports this request provided that the trees are eight foot (8') brown trunk trees, which will translate into approximately twelve foot (12') tall palm trees. Staff believes this would result in the establishment of a significant landscape element along a major thoroughfare and will serve as a visual gateway to several city neighborhoods. Resolution No. 2009 - Page 1 of 10 75D -13 E. Conditional Use Permit No. 2006 -20 has been filed with the City of Santa Ana seeking to allow a parking lot within the Midtown Specific Plan (SP -3) zoning district. The proposed parking is intended to provide additional guest parking spaces for the building located one block west of the site at 1666 North Main Street (Santa Ana Business Bank building), which was formerly owned by Caribou Industries, and is now owned by 5 Goodyear LLC. 2. Santa Ana Municipal Code Section 41 -638 authorizes the City Council to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed parking lot will contribute to the general well being of the community by providing an area for visitors using the 1666 North Main Street building to park and will reduce the potential for visitors parking within the surrounding neighborhoods. ii. 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 parking lot will provide an amenity to individuals working in the area as well as persons visiting the 1666 North Main Street building. The parking lot has been designed to comply with the City's Design and Development Standards that pertain to parking lot design and circulation. Further, improvements such as enhanced parking lot lighting will improve the safety and welfare of persons in the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The parking lot will not affect the economic stability of the area as the site is currently vacant. Further, the site is an interim use that has the potential to be a development site in the future. Resolution No. 2009 - Page 2 of 10 7501-14 iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With the exception of landscaped setbacks and parking lot landscaping, the project has been designed to comply with the City's design and development standards for parking lots and will be in compliance with the regulations established in Midtown Specific Plan (SP -3) as well as 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 parking lot is in an area designated Professional and Administrative Office (PAO) in the General Plan. The use is consistent with the General Plan and the SP -3 zoning district which permits parking lots with a conditional use permit. F. Variance No. 2006 -13 has been filed seeking a reduction in landscaped setbacks along both Seventeenth and Bush Streets, and for a reduction in required parking lot landscaping. Santa Ana Municipal Code Section 41 -638 authorizes the City Council to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are unique circumstances applicable to the subject site that necessitates a variance for a reduction in landscaped setbacks and parking lot landscaping. The site is located on two arterial streets and is a vacant parcel of land. Due to the property's location on two arterial streets, a reduction in landscaping is typical of development within an urban setting and is appropriate for the project. Resolution No. 2009 - Page 3of 10 75D -15 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 for a reduction in landscaping is necessary to preserve the property owner's ability to develop the property with a parking lot that will benefit the community. The parking lot, which will serve as additional parking for the 1666 North Main Street building, will assist in minimizing overflow parking into surrounding neighborhoods. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The project will not be materially detrimental to the public welfare or injurious to surrounding property as the site is designed to comply with all aspects of the applicable zoning code except for landscape setbacks and parking lot landscaping. 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 parking lot has been designed to be in substantial conformance with City zoning, development and General Plan requirements. Further, this project is consistent with Goal 3 of the Land Use Element, which is intended to preserve and improve the character and integrity of neighborhoods. G. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15311. This Class 11 exemption allows the construction of minor accessory structures such as parking lots on commercial property. Categorical Exemption No. 2006 -171 will be filed for this project. Section 2. The City Council, after conducting the public hearing and being duly informed, hereby approves for the property located at 202 East Seventeenth Street: Appeal No. 2009 -04 is hereby sustained, subject to the condition that the conditions referenced in this resolution are hereby amended to replace the proposed three interior street trees with the same Resolution No. 2009 - Page 4 of 10 75D -16 number of queen palm trees (minimum of eight foot (8') brown trunk trees) within the newly created landscape planter to be located at the northwest corner of the site. 2. Conditional Use Permit No. 2006 -20, as conditioned in Exhibit "A" attached hereto and incorporated herein, to permit the subject property to operate a surface parking lot. 3. Variance No. 2006 -13, as conditioned in Exhibit "B" attached hereto and incorporated herein, to maintain the existing five -foot setback on both Seventeenth and Bush Streets and not incorporate new landscaping within the parking lot. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated November 2, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. 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 , 2009. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney Miguel A. Pulido Mayor 75D -17 Resolution No. 2009 - Page 5 of 10 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75D -18 Resolution No. 2009 - Page 6 of 10 Conditions for Approval for Conditional Use Permit No. 2006 -20 Conditional Use Permit No. 2006 -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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this 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 project shall remain in compliance with Site Plan Review DP No. 05 -60. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The parking lot shall be repaired and repaved prior to issuance of a certificate of occupancy for the parking lot. 4. The parking lot shall be double- striped to comply with the City's parking lot standards prior to issuance of a certificate of occupancy for the parking lot. 5. A detailed landscaped plan shall be submitted to the Planning Division for review and approval prior to issuance of building permits for the parking lot. In addition to complying with minimum code requirements, the plan shall also include the following: a. Landscaping shall be installed at the northwest corner of the parking lot; b. Three queen palm trees (minimum of eight foot (8') brown trunk trees) shall be planted within the newly created landscape planter to be located at the northwest corner of the site. c. All damaged concrete curbing around the landscaping shall be replaced, d. The liquidambar tree in the Bush Street setback shall be removed; e. The Yucca Trees at the southwest corner of the site shall be removed and replaced with landscaping, including one 24 -inch Australian Willow Tree; f. Existing on -site landscaping shall be cleaned -up. EXHIBIT A Resolution No. 2009 - Page 7 of 10 75D -19 6. All trees planted within the landscaped setbacks and the parking lot shall be a minimum 24 -inch box size trees. 7. All hedges to be installed on the premises shall be a minimum 15- gallon size. B. Police Department 1. All hedges to be provided within the landscaped setbacks along Seventeenth and Bush Streets shall be a maximum height of three feet. Resolution No. 2009 - Page 8 of 10 7501-20 Conditions for Approval for Variance No. 2006 -13 Variance No. 2006 -13 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 05- 60. 2. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 3. The parking lot shall be repaired and repaved prior to issuance of a certificate of occupancy for the parking lot. 4. The parking lot shall be double- striped to comply with the City's parking lot standards prior to issuance of a certificate of occupancy for the parking lot. 5. A detailed landscaped plan shall be submitted to the Planning Division for review and approval prior to issuance of building permits for the parking lot. In addition to complying with minimum code requirements, the plan shall also include the following: a. Landscaping shall be installed at the northwest corner of the parking lot; b. Three queen palm trees (minimum of eight foot (8') brown trunk trees) shall be planted within the newly created landscape planter to be located at the northwest corner of the site. c. All damaged concrete curbing around the landscaping shall be replaced; d. The liquidambar tree in the Bush Street setback shall be removed; e. The Yucca Trees at the southwest corner of the site shall be removed and replaced with landscaping, including one 24 -inch Australian Willow Tree; f. Existing on -site landscaping shall be cleaned -up. EXHIBIT B Resolution No. 2009 - Page 9 of 10 75D -21 5. All trees planted within the landscaped setbacks and the parking lot shall be a minimum 24 -inch box size trees. 6. All hedges to be installed on the premises shall be a minimum 15- gallon size. B. Police Department 1. All hedges to be provided within the landscaped setbacks along Seventeenth and Bush Streets shall be a maximum height of three feet. Resolution No. 2009 - Page 10 of 10 75D -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 2, 2009 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2009 -02, CONDITIONAL USE PERMIT NO. 2009 -20 AND VARIANCE NO. 2009 -08 TO ALLOW A MIXED USE OFFICE AND THREE -UNIT RESIDENTIAL PROJECT WITH SURFACE PARKING LOT LOCATED AT 1331 WEST FIRST STREET - GLOBAL EMPIRE LLC, APPLICANT CITY MANAGER 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 RECOMMENDED ACTION 1. Adopt an ordinance approving Amendment Application No. 2009 -02. 2. Adopt a resolution approving Conditional Use Permit No. 2009 -20 as conditioned. 3. Adopt a resolution approving Variance No. 2009 -08 as conditioned. PLANNING COMMISSION ACTION On October 12, 2009, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2009 -02, adopt a resolution approving Conditional Use Permit No. 2009 -20 as conditioned, and adopt a resolution approving Variance No. 2009 -08 as conditioned by a vote of 5:0 (Yrarrazaval absent) to allow a mixed use office and three -unit residential project with surface parking lot and to change the zoning from General Commercial (C2) to Commercial Residential (CR) at 1331 West First Street. 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. Jay M. Trevino Executive Director Planning & Building Agency VC:rb vc\ reports \aa09- 02cupO9- 20varO9 -08 GlobalEmpire.cc 75E -1 75E -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: OCTOBER 12, 2009 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2009 -02, CONDITIONAL USE PERMIT NO. 2009 -20 AND VARIANCE NO. 2009 -08 TO ALLOW A MIXED USE OFFICE AND THREE -UNIT RESIDENTIAL PROJECT WITH SURFACE PARKING LOT LOCATED AT 1331 WEST FIRST STREET Prepared by Verny Carvajal 7 Executive D' ector RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Mana6er 1. Adopt an ordinance approving Amendment Application No. 2009 -02. 2. Adopt a resolution approving Conditional Use Permit No. 2009 -20 as conditioned. 3. Adopt a resolution approving Variance No. 2009 -08 as conditioned. DISCUSSION Request of Applicant The applicant, Global Empire LLC, is proposing to develop a new two -story mixed use office and three -unit residential building at 1331 West First Street. In conjunction with the request, the applicant is requesting approval of an amendment application to change the zoning of the property from General Commercial (C2) to Commercial Residential (CR) and from Two - Family Residential (R2) to Two - Family Residential /B- Suffix (R2 -B), a conditional use permit to allow a surface parking lot in the R2 -B zoning district, and a variance from minimum lot size standards for mixed use projects in the CR zoning district. Property Description The proposed development site consists of five rectangular shaped parcels, approximately .39 acres in size and generally located on the northeast corner of First and Hesperian Streets. Four of the five parcels with frontage along First Street have a General Plan land use EXHIBIT A 75E -3 Amendment Application No. 2009 -02 Conditional Use Permit No. 2009 -20 Variance No. 2009 -08 October 12, 2009 Page 2 designation of General Commercial (GC) and a zoning designation of General Commercial (C2) . The remaining parcel will be utilized as a surface parking lot along Hesperian Street and has a land use designation of Low Density Residential (LR -7) and a zoning designation of Two - Family Residential (R -2). Surrounding land uses include a combination of single - family and multi - family residential uses to the north, single- family and commercial /retail to the west, commercial retail to the south and a church to the east (Exhibits 1, 2 and 3). Project Description The proposed project involves the development of a mixed -use building on a vacant site of approximately 16,850 square feet in area oriented towards First Street in a courtyard style setting. The project includes two commercial office suites on the ground level with a total of 3,500 square feet and three residential units on the second level with covered parking. Units will range from 918 to 1,130 square feet in size and all will consist of two- bedroom and two -bath layouts. Vehicular access for the residential component will occur along Hesperian Street through a separate parking area and will include one covered parking space per residential unit. Commercial access to the site will be taken directly off of First Street and contained within a second parking area. A total of 10 spaces are required and will be provided for the commercial office, with 11 spaces required and proved for the residential units, including three guest parking spaces. As a whole, a total of 21 parking spaces are required and will be provided for the entire project. The building will feature Mission /Spanish Colonial Revival style architecture featuring traditional barrel clay roofing, true divided light windows, decorative wrought iron balconies and highly decorative accent the and stone elements typical of the Mediterranean architectural era. Exterior finishes for the proposed project will consist of smooth plaster with neutral earth tone colors. Additionally, project entrances and pedestrian walkways will include color stamped concrete paving to add visual interest and improve the overall theme of the project. Amenities such as a 1,700 square foot common active open space area, individual private courtyards and a common pedestrian paseo on both the internal and street side of the project will be provided in order to encourage social interaction. Landscaping will meet current code requirements and will incorporate heavily layered landscaping and a landscape screen to ensure privacy to and from the residential units to the north (Exhibits 4 through 8). 75E -4 Amendment Application No. 2009 -02 Conditional Use Permit No. 2009 -20 Variance No. 2009 -08 October 12, 2009 Page 3 Analysis of the Issues Amendment Application The proposed building site is located within the General Commercial (C2) zoning district which does not allow mixed use type development projects. As a result, an amendment application is requested to change the zoning of the subject property to Commercial Residential (CR) to facilitate the construction of the proposed building. Both the C2 and CR zoning districts are considered to be compatible with the current General Plan land use designation of General Commercial (GC) as found in the City's land use element. The Commercial Residential (CR) zoning was established in order to work in concert with both the General Commercial (GC) and District Center (DC) land use designations to encourage mixed -use commercial and residential developments along major arterial streets. Although the Commercial Residential (CR) zoning designation was originally intended for larger scale developments, smaller projects may serve to achieve the same purpose and principles established in the CR zoning district, such as providing greater convenience to city services and transportation, excellence of design and visual appeal than those typically found with standard infill retail centers. The proposed project meets the goals and policies established by the City's General Plan Land Use Element. Policy 4.5 of the element encourages development of employment centers and mixed use projects adjacent to major arterial roadways while Policy 3.2 supports development which provides a positive contribution to neighborhood character and identity. The project site is located along First Street, a Major Arterial as defined by the City's Circulation Element of the General Plan. The commercial component of the project will generate additional employment opportunity for nearby or on -site residents. Additionally, the project has been designed with high quality materials and neighborhood sensitivity through its design. Second, the fifth parcel along Hesperian Street will need a zone change from Two- Family Residential (R2) to Two - Family Residential with B- Suffix (R2 -B) . Per section 41 -611 of the Santa Ana Municipal Code, any zoning district or any part thereof regulating the use of land may be modified by adding the district designation "B," which would allow the property to be 75E -5 Amendment Application No. 2009 -02 Conditional Use Permit No. 2009 -20 Variance No. 2009 -08 October 12, 2009 Page 4 utilized as a parking lot subject to a conditional use permit. The parking lot also meets the goals and policies of the Land Use Element, as Policy 5.10 encourages circulation systems that are responsive to the needs of pedestrians and vehicular travel. In addition, the parking lot will provide an additional small setback and buffer to the existing residential uses. Conditional Use Permit B- Suffix Parkin Once the zoning has been modified to incorporate the "B" suffix, per Section 41 -611 of the code, a conditional use permit is needed in order to exercise the use of the property for the exclusive parking of motor vehicles in connection with any commercial use or for private parking. The applicant proposes to utilize the vacant parcel along Hesperian Street to satisfy the parking requirements of the residential component of the project. The B- suffix standards contained in the code requires the lot to be adequately paved and drained, possess safe ingress and egress, direct lighting away from residential properties, contain a six -foot screen wall adjacent to residential uses and provide additional on -site landscaping. The proposal is in compliance with these standards. The lot will contain a total of eight parking spaces including a covered four -car carport that will match the architecture of the proposed building. On the north and east side where the lot abuts residential property, a landscape buffer will be provided in addition to a six -foot decorative wall with smooth stucco and trim cap. A low 36 -inch wall will be installed at the parking lot entrance and utilize the same stamped concrete to match the commercial parking lot entrance along First Street. Variance: Site Standards The proposed mixed -use project functions as a test case for small mixed - use infill development projects on underutilized properties along major arterial streets. The applicant is requesting a variance from Section 41- 443 related to site development standards as these types of projects are typically found in smaller clusters as part of larger -scale developments over five acres in size with typical lot dimensions of 600 X 300 feet in size. Specifically, the project is requesting to vary from minimum area of five acres, depth of 600 feet and width of 300 feet as required in Section 41 -443. As proposed, the site does not comply with the 75E -6 Amendment Application No. 2009 -02 Conditional Use Permit No. 2009 -20 Variance No. 2009 -08 October 12, 2009 Page 5 established minimum site standards. The site, however, has been designed to comply with all other site development standards including building height, buffers, setbacks, open space and recreational - leisure areas, off - street parking and landscaping requirements. The proposed small infill mixed -use project is a unique type of product that has not been constructed in the city for several years. Although the City's established Commercial Residential standards require minimum lot sizes and prescribed lineal dimensions, it is anticipated that the proposed request to reduce the site size will not result in an inferior product or take away from the project's function. The variance from minimum site standards will allow the applicant the ability to use the property in a manner that is consistent with larger mixed -use projects such as City Place that were recently approved. The proposed development will enhance and provide a positive improvement to the central heart of the City through the creative use of a previously underutilized property adjacent to a primary arterial street and adjacent to the redevelopment activity generated by the Bristol Street Corridor Specific Plan. The development of this site with high quality design, materials and finishes, the inclusion of private open spaces, pedestrian activity areas, and heavy use of landscaping will create a visual link along the First Street arterial corridor and will help in energizing and strengthening this central gateway area. The project will reinforce an active, vibrant urban lifestyle while ensuring that any impacts of the development are mitigated through careful building placement and design. Lastly, the project will be a direct benefit to the community by providing additional housing and employment opportunities in the City. The project addresses many goals and policies of the General Plan by assisting in the growth of an economically viable corridor, provision of a variety of residential land uses and the construction of a high quality development. The applicant has submitted an application for a lot merger to consolidate the four lots along First Street and is in the process of obtaining necessary approvals prior to building permit issuance. The applicant will also be submitting a sign permit application. The site will comply with the City's current sign code. All signs shown on the attached elevations are for illustration purposes only and are subject to final review and approval by the case planner of the project. 75E -7 Amendment Application No. 2009 -02 Conditional Use Permit No. 2009 -20 Variance No. 2009 -08 October 12, 2009 Page 6 Based on the analysis of the project, findings of fact, conditions of approval, compatibility with the City's General Plan and applicable development standards, it is recommended that the Planning Commission recommend that the City Council approve Amendment Application No. 2009 -02, Conditional Use Permit No. 2009 -20 as conditioned and Variance No. 2009 -20 as conditioned (Exhibits 9, 10, 11 and 12). Neighborhood Outreach A special meeting of the Artesia Pilar Neighborhood was held on September 22, 2009 to discuss the project. The applicant presented the project site plan, elevations and landscape plans for the proposed development project. The developer clarified a few questions related to hours of operation, parking, proposed tenants, neighborhood benefit, design, occupancy restrictions and security. Overall, the neighborhood participants are supportive of the proposed project. CEQA Compliance In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15303), the recommended action is exempt from further review. The Class 3 exemption allows for construction and location of new limited structures in urbanized areas. Categorical Exemption Environmental Review No. 2009 -83 will be filed for this project. Verny Carvajal Senior Planner VC: jm vc\ reports \aa09- 02cup09- 20var09 -08 GlobalEmpire.pc 75E -8 �s - 1 Vince Fregoso, AkCEI Principal Plann R, ti R2 RtISI C2 M7 a R2 C2- 0 R1 R1 All GENERAL AGRICULTURAL -B PARKING MODIFICATION Cl COMMUNITY COMMERCIAL C, -MD COMMUNITY COMMERCIAL- MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3 -A CENTRAL BUSINESS- ARTISTS'VILLAGE C4 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL P R1 �� R2 a s C -SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENTCENTER M7 LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS 0 OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT UUJ-. UL S R, Ri R2 R2 r R1 RI RB P 3 P SD -20 o ' C p Rip 5D -ss SD -55 C1 C2 R2 R2 ILU PD PLANNED DEVELOPMENT PRO PLANNED RESIDENTIAL DEVELOPMENT R, SINGLE - FAMILY RESIDENCE R2 TWO- FAMILY RESIDENCE R3 MULTIPLE - FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SO SPECIFIC DEVELOPMENT SP SPECIFIC PLAN AA 09 -2, CUP 09 -20, VAR 09 -8 GLOBAL EMPIRE MIXED USE 1331 WEST FIRST 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 vCM 1 R E S I D N T I A L R E I D f N T I A L R E 3 1 D E N T I A L C O M M E R C I A L COM. L AA 09 -2, CUP 09 -20, VAR 09 -8 Usi GLOBAL EMPIRE MIXED USE ew 1331 WEST FIRST 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 A r3 6 C C M M E R C I COM. L RE S I D E VTIAL U VACANT Q IF R E S 1 D E N T 1 4 L VA TA NT AA 09 -2, CUP 09 -20, VAR 09 -8 Usi GLOBAL EMPIRE MIXED USE ew 1331 WEST FIRST 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 A r3 6 C C M M E R C I A L COMMERCIA L J VACANT Q IF M .r R C I A L COM. EJA C M L T I FA IL R SID L AA 09 -2, CUP 09 -20, VAR 09 -8 Usi GLOBAL EMPIRE MIXED USE ew 1331 WEST FIRST 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 A r3 6 C C M M E R C I A L COMMERCIA L J VACANT Q IF M M R C I A L COM. EJA C M L T I FA IL R SID L AA 09 -2, CUP 09 -20, VAR 09 -8 Usi GLOBAL EMPIRE MIXED USE ew 1331 WEST FIRST 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 A r3 6 R E 3 1 D E N T I A L C O M M E R C I A L R E S I D E N T I 4 L Z C C M M E R C I COM. ¢ R ff S I D E T I A L U C V M. U a L R E S I D E N T I L VA T ANT R E S I D E N T I 4 L Z C C M M E R C I A L COMMERCIAL J C V M. U a rim A AA 09 -2, CUP 09 -20, VAR 09 -8 GLOBAL EMPIRE MIXED USE 1331 WEST FIRST 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 ZO�rNEE'CCHANGE 7C-I� i C C M M E R C I A L COMMERCIAL J VACANT a M M R C I A L COM. M LTI FA IL R SID NTIAL C rim A AA 09 -2, CUP 09 -20, VAR 09 -8 GLOBAL EMPIRE MIXED USE 1331 WEST FIRST 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 ZO�rNEE'CCHANGE 7C-I� i _ �13�211S N IRHUSM IT1 2 Z -UU 5 �I o� 0 H C V. aq Z6 3� Ygif:h m ETBK*iT= -- -- -- - Vi i+ rew L1-: . ol � �+ I II it .g oll Wi W Me I V �_- m �m Ira[ ■ ■ ■�J ■I ■I live filar I liwl _ ui1 I[i,1 ■ cu live a• ItIc _ u ■ ■■ � IIIi ■ ■. � I[i• it ■ ■ : I1[i ■■■ Ic[i I INC ... '. IIN iI -■ 201. ' Itai EVENlia[ ! ■■ ■t' "OM -.-a I� w I 1 !1 \ Y I 1� n �A �v? W I- �Z IIv z O w(6 w~ z W Conditional Use Permit No. 2009 -20 October 12, 2009 Page 1 of 2 Findings of Fact A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The parking lot for the mixed use necessary covered and surface off - the residents of the second floor i Section 41 -1322 of the Santa Ana parking lot will eliminate the need site along Hesperian Street which residential neighborhood. building will provide the - street parking spaces for znits that are required per Municipal Code. The new for residents to park off - will benefit the adjacent B. 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 parking lot has been designed to minimize impacts to surrounding residential uses. Landscape and decorative fencing buffers have been provided adjacent to residential property. In addition, lighting has been designed not to exceed 15 feet in height and installed to shine away from residential property. Having adequate on -site parking areas will also minimize adverse impacts to persons residing or working in the vicinity. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The development of the vacant site with a parking lot will enhance the economic viability of the area as this new mixed - use project will result in the development of five vacant parcels and provide the required parking for the residential component of the project. The zoning for the lot is consistent with its future use as its future use will continue to be residential in nature. It is anticipated that the use will enhance rather than adversely affect the economic development or stability of the area. The overall economic stability of the area will be strengthened with additional commercial services and available housing in the immediate area. EXHIBIT 9 75E -17 Conditional Use Permit No. 2009 -20 October 12, 2009 Page 2 of 2 D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the Santa Ana Municipal Code for such use? The proposed parking lot will meet and exceed all applicable provisions of Chapter 41 of the Santa Ana Municipal Code, including landscaping and setbacks. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the general Plan as an ancillary use such as a parking lot is permitted within the Low Density Residential (LR -7) designation. 75E -18 OCTOBER 12, 2009 PAGE 1 OF 2 Conditions of Approval Conditional Use Permit No. 2009 -20 is approved the reasonable satisfaction of the Planning sections of the Santa Ana Municipal Code, the Code, the California Building Standards Code, regulations. In addition, it shall meet the approval: subject to compliance, to Manager, with applicable California Administrative and all other applicable following conditions of The applicant must comply with each and every condition listed below prior to exercising the rights conferred by the 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. 09 -32. 2. Any amendment to the conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to the issuance of building permits, the interior residential unit amenities shall be submitted for review by the Planning Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, tile walls, tiled shower enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum they will include a product line for the high grade appliances, all cabinets be made of a stain grade, the use of smooth wall and ceiling interior drywall finish and washers and dryers in each residential unit. 4. Provide for lighting and landscape maintenance. The lighting plan and design will be reviewed by the Planning Division during the lighting plan check phase. EXHIBIT 10 75E -19 OCTOBER 12, 2009 PAGE 2 OF 2 5. A minimum six -foot high wall shall be constructed around the perimeter of the site and consist of a decorative block such as splitface or slumpstone, with contrasting pilasters and decorative trim caps. Prior to the issuance of building permits, a wall and fencing plan shall be submitted for review and approval by the Planning Division. 6. Benches and pedestrian seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. Prior to the issuance of building permits, a site furniture plan shall be submitted to the Planning Division for review and approval. 7. Trash receptacles should be located in high- activity areas, such as plazas and other public open spaces. The style shall be compatible with other plaza furnishings. 8. All street furniture surfaces, pedestrian -level walls and amenities shall incorporate graffiti resistant coatings. 9. The private courtyard shall include amenities such as informal modern outdoor furniture and seating areas, decorative pavers, landscape trees and plant material. 10. Prior to the issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. All exterior plaster surfaces shall have a smooth - troweled finish. 11. Prior to the issuance of building permits, the applicant shall submit for review and approval by the Planning Division a window schedule detailing the project windows. Acceptable windows for the project are wooden or metal -clad wooden materials with substantial use of detail. 12. Light shields shall be installed for all light standards adjacent to residential uses to avoid light intrusion and comply with Chapter 41- 1304(c) and Chapter 8- 211(m)(4) of the Santa Ana Municipal Code. 75E -20 Variance No. 2009 -02 October 12, 2009 Page 1 of 2 Findinas of Fact A. 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. The size of the subject site creates a special circumstance applicable to the property, as the applicant is unable to purchase adjacent properties to yield the required five acres for a mixed -use project in the Commercial Residential zoning district. The adjoining parcels of land are single family residences and are not for sale. Additionally, the proposed small infill mixed -use project is a unique type of product that has not been constructed in the city for several years. Although the City's established mixed use standards require a larger development site and greater lineal dimensions, recent long -range planning projects near the city's core have identified that a diverse set of housing choices attracts an increasingly varied and prosperous resident population. A range of building types such as infill mixed -use projects provides the diverse opportunity for a variety of incomes that is necessary for the city's long -term viability. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of a variance to reduce the minimum site standards is necessary for the preservation and enjoyment of the property right to develop the site. The variance will allow the applicant to operate a permitted use on the site and will comply with all setback, parking, landscaping and associated development standards. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the minimum lot size and dimension requirements will not be materially detrimental to the public welfare or potentially injurious to surrounding property. The site will meet all applicable standards related 75�B211 Variance No. 2009 -02 October 12, 2009 Page 2 of 2 to mixed -use development in addition to proposed conditions of approval intended to alleviate any perceived problems that may affect traffic circulation and the community at large. D. 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 as the project's land use designation of General Commercial (GC) is consistent with the proposed Commercial Residential (CR) zoning district and ancillary uses such as parking lots are permitted uses in the Light Density Residential (LR -7) land use designation. 75E -22 OCTOBER 12, 2009 PAGE 1 OF 1 Conditions for Approval Variance No. 2009 -08 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior 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. 09 -32. 2. A minimum six -foot high wall shall be constructed around the perimeter of the site and consist of a decorative block such as splitface or slumpstone, with contrasting pilasters and decorative trim caps. Prior to the issuance of building permits, a wall and fencing plan shall be submitted for review and approval by the Planning Division. 3. Light shields shall be installed for all light standards adjacent to residential uses to avoid light intrusion and comply with Chapter 41- 1304(c) and Chapter 8- 211(m) (4) of the Santa Ana Municipal Code. 4. Lockable private storage areas shall be provided above parking spaces in carport for use by residents. EXHIBIT 12 75E -23 75E -24 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 107 NORTH HESPERIAN STREET FROM TWO- FAMILY RESIDENCE (R2) TO TWO- FAMILY RESIDENCE WITH "B" SUFFIX (R2 -B) (AA NO. 2009 -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 Amendment Application No. 2009 -02 to change the zoning designation of the parcel located at 107 North Hesperian Street Avenue from Two - Family Residence (R2) to Two - Family Residence with "B" Suffix (R2 -B), which would allow use of the parcel as parking to support development on the remaining property which is part of this project. B. On October 12, 2009, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2009 -02 for the property located at located at 107 North Hesperian Street. 2. Approve a conditional use permit as conditioned (No. 2009 -20) and variance as conditioned (No. 2009 -08), to permit development of a new two -story mixed use office and three -unit residential building at 1331 West First Street. C. The zoning designation of Two - Family Residential, B Suffix (R2 -B) will allow the parcel on Hesperian Street to be devoted to parking for the project. D. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that this proposed project is consistent with the purpose of the general plan. E. The City Council also adopts as findings all facts presented in the Requests for Council Action dated November 2, 2009 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2009 -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. 75E -25 F. In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15303), the recommended action is exempt from further review. The Class 3 exemption allows for construction and location of new limited structures in urbanized areas. Categorical Exemption Environmental Review No. 2009 -83 will be filed for this project. Section 2. The real property located at located at 107 North Hesperian Street Avenue is hereby rezoned from Two - Family Residence (R2) to Two - Family Residence with "B" Suffix (R2 -B),. (AA No. 2009 -02) Amended Sectional District Map number 11 -15 -10 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "1" and incorporated by this reference as though fully set forth herein. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2009. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75E -26 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 75E -27 W f ESTMINSTER IT7TN ST.III I AVE. L J Q/ RZ L_R._ R s R3. R'. HI P/ R! 0 F H ti Rt fn N Pr 0 .P2 R1 Ll R2 ,. Ri RI q, Rl Rl p R1 R2 Rl R1 RI H' 0 Al R! ,v Q - R1 s UR2 Ri 0 nt R2 R1 R2 — Ml R2 R2 R2 R2 :; Mt SC-82 rygl R1 R1 t R• so el R a3 - M1 Ml' Ml � R.� JI J M1 - M1 _A_ _ P 'C gip', . R2(i . G7 RR _ - R2 - C2 r a Rz 4 K R2 F2 R2 'r rm Potl a Fr• C2 L ----, �-n n n nT F FIRST ST. Zoning Districts a n, t A` I " AI::'�`I'_; ,H: tiA llANA...[Y; A! A'.I,t.,, 5` Y(�I l•I'rAN::L N, ___?..._c� fAINIMCM fi1JNfA::C AT iILNL',A- A.(:itl(;U'_IUi ?A� - -SW IOU MAIN CIHLEI: :)MI ±.ilri UINIMI.M (ul nl l�A AcH.IA'�_'�A.ti IHIC:I '. 1'U PLANNED ULV_L'J "h1LNl -I �AH,M))I CA-I; N ' I;HU I' ANNFU HITS[)-"'At tVtUNWFN I C.(MWMTY: ;()MMF N(;IAI (.I i ?%MFNT:.FN' H R' S'NGI F -FAMgY RFS;1XNCF I MU i.'.(;MMUNIIY::UMMLIK;IAL MUS;UM UISINI(. A 'J(:H'INL:USHIIAL P7 TWO FAMII Y FFSiUFNCF - e (IE NEIA, (;(:MM-F Hf A:- N!! HL AV' INUIJI IHIA_ '. ICl MULIII`LL I AMILY NLSIANiG_ f'. -N'RA HI:,INF:;i M(: MII iTA�v( ;PFFIATI('N:. H1 1- HU11HAN APAHIWA NI A N'FIAI Ill'.,i1NF SS APTIS -S VII I A F : II )•'LN "'Ac( ': FIF FFSIOTNTIAI F.;'A--- r'_ANNL:. $rM:I'IN :C "LNIE+ Tl- :rL JVLH�-AYC(:NL Al SL!Al C; ULVL- :)PMLNI I.w.., -'' Aki A. ('i;t.1MF Hr, At F P,01 5.(:NAI I'I AN M (= (,Mhif 11, A i!. ilF.l %liAI Pr , LI ANN -U,..)MMIIN FY -.'I VI OP1,4 N' 7 - -- ­11,1 1 ^.:'y'. !.— - Sa...� I�5. 5 _ ._.F,_+ S . Na -.I. V h _ i : Na In . ti5.:f IBS t� 1 5.: u.] • A DISTRICT • • PREPARED BY ML PLANNING DIVISION CITY OF SAN 1 "A ANA, CALIFORNIA @, EXHIBIT 1 75E -28 bk:10/27/09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GRANTING CONDITIONAL USE PERMIT NO. 2009 -20 AS CONDITIONED TO PERMIT "B" SUFFIX PARKING AND VARIANCE NOS. 2009 -08 AND 2009 -08 AS CONDITIONED TO ALLOW A REDUCTION IN MINIMUM LOT SIZE FOR THE PROPERTY LOCATED AT 1331 WEST FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of a conditional use permit to operate a ancillary parking lot and a variance to reduce the minimum lot size for the property located at 1331 West First Street. B. Conditional Use Permit No. 2009 -20 and Variance Nos. 2009 -08 and ( "the matter ") came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 12, 2009. The Planning Commission recommended that Council approve these items. C. At that place and time, following the public hearing the Planning D. serve as a visual gateway to several city neighborhoods. E. Conditional Use Permit No. 2009 -20 has been filed with the City of Santa Ana seeking to allow a parking lot within the Two - Family Residential, B Suffix (R2 -B) zoning district. Santa Ana Municipal Code Section 41 -638 authorizes the City Council to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed parking lot for the mixed use building will provide the necessary covered and surface off - street parking spaces for the residents of the second floor units that are required per Section 41 -1322 of the Resolution No. 2009 - Page 1 of 8 75E -29 Santa Ana Municipal Code. The new parking lot will eliminate the need for residents to park off -site along Hesperian Street which will benefit the adjacent residential neighborhood. 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 parking lot has been designed to minimize impacts to surrounding residential uses. Landscape and decorative fencing buffers have been provided adjacent to residential property. In addition, lighting has been designed not to exceed 15 feet in height and installed to shine away from residential property. Having adequate on -site parking areas will also minimize adverse impacts to 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 development of the vacant site with a parking lot will enhance the economic viability of the area as this new mixed -use project will result in the development of five vacant parcels and provide the required parking for the residential component of the project. The zoning for the lot is consistent with its future use as its future use will continue to be residential in nature. It is anticipated that the use will enhance rather than adversely affect the economic development or stability of the area. The overall economic stability of the area will be strengthened with additional commercial services and available housing in the immediate area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed parking lot will meet and exceed all applicable provisions of Chapter 41 of the Santa Ana Municipal Code, including landscaping and setbacks. V. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2009 - Page 2 of 8 75E -30 The proposed project will not adversely affect the general Plan as an ancillary use such as a parking lot is permitted within the Low Density Residential (LR -7) designation. F. Variance No. 2009 -08 has been filed seeking a reduction in minimum lot size for projects in the CR zoning District. Santa Ana Municipal Code Section 41 -638 authorizes the City Council to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The size of the subject site creates a special circumstance applicable to the property, as the applicant is unable to purchase adjacent properties to yield the required five acres for a mixed -use project in the Commercial Residential zoning district. The adjoining parcels of land are single family residences and are not for sale. Additionally, the proposed small infill mixed -use project is a unique type of product that has not been constructed in the city for several years. Although the City's established mixed use standards require a larger development site and greater lineal dimensions, recent long -range planning projects near the city's core have identified that a diverse set of housing choices attracts an increasingly varied and prosperous resident population. A range of building types such as infill mixed -use projects provides the diverse opportunity for a variety of incomes that is necessary for the city's long -term viability. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of a variance to reduce the minimum site standards is necessary for the preservation and enjoyment of the property right to develop the site. The variance will allow the applicant to operate a permitted use on the site and will comply with all setback, Resolution No. 2009 - Page 3 of 8 75E -31 parking, landscaping and associated development standards. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the minimum lot size and dimension requirements will not be materially detrimental to the public welfare or potentially injurious to surrounding property. The site will meet all applicable standards related to mixed -use development in addition to proposed conditions of approval intended to alleviate any perceived problems that may affect traffic circulation and the community at large. iv. That the granting of a variance will not adversely affect the General Plan of the City. The change in use to mixed -use development in addition to proposed conditions of approval are intended to alleviate any perceived problems that may affect traffic circulation and the community at large. G. In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15303), the recommended action is exempt from further review. The Class 3 exemption allows for construction and location of new limited structures in urbanized areas. Categorical Exemption Environmental Review No. 2009 -83 will be filed for this project. Section 2. The City Council, after conducting the public hearing and being duly informed, hereby approves for the property located at 1331 West First Street 1. Conditional Use Permit No. 2009 -20, as conditioned in Exhibit "A" attached hereto and incorporated herein, to permit the subject property to operate as ancillary support parking. 2. Variance No. 2009 -08, as conditioned in Exhibit "B" attached hereto and incorporated herein, to reduce the minimum lot size for the project. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated November 2, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2009 - Page 4 of 8 75E -32 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 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2009. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75E -33 Resolution No. 2009 - Page 5 of 8 Conditions for Approval for Conditional Use Permit No. 2009 -20 Conditional Use Permit No. 2009 -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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this 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. 09 -32. 2. Any amendment to the conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to the issuance of building permits, the interior residential unit amenities shall be submitted for review by the Planning Division. The amenity package submitted for review shall include but not be limited to flooring, staircase railings, doors and hardware, kitchen appliances and cabinetry, dual bowl sinks and fixtures, tile walls, tiled shower enclosures and kitchen countertops of stone tile or stone slab, or their equivalent. At minimum they will include a product line for the high grade appliances, all cabinets be made of a stain grade, the use of smooth wall and ceiling interior drywall finish and washers and dryers in each residential unit. 4. Provide for lighting and landscape maintenance. The lighting plan and design will be reviewed by the Planning Division during the lighting plan check phase. 5. A minimum six -foot high wall shall be constructed around the perimeter of the site and consist of a decorative block such as splitface or slumpstone, with contrasting pilasters and decorative trim caps. Prior to the issuance of building permits, a wall and fencing plan shall be submitted for review and approval by the Planning Division. EXHIBIT A Resolution No. 2009 - Page 6 of 8 75E -34 6. Benches and pedestrian seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. Prior to the issuance of building permits, a site furniture plan shall be submitted to the Planning Division for review and approval. 7. Trash receptacles should be located in high- activity areas, such as plazas and other public open spaces. The style shall be compatible with other plaza furnishings. 8. All street furniture surfaces, pedestrian -level walls and amenities shall incorporate graffiti resistant coatings. 9. The private courtyard shall include amenities such as informal modern outdoor furniture and seating areas, decorative pavers, landscape trees and plant material. 10. Prior to the issuance of building permits, the exterior building amenities, materials and finishes shall be submitted for review and approval by the Planning Division. All exterior plaster surfaces shall have a smooth - troweled finish. 11. Prior to the issuance of building permits, the applicant shall submit for review and approval by the Planning Division a window schedule detailing the project windows. Acceptable windows for the project are wooden or metal -clad wooden materials with substantial use of detail. 12. Light shields shall be installed for all light standards adjacent to residential uses to avoid light intrusion and comply with Chapter 41- 1304(c) and Chapter 8- 211(m)(4) of the Santa Ana Municipal Code. Resolution No. 2009 - Page 7 of 8 75E -35 Conditions for Approval for Variance No. 2009 -08 Variance No. 2009 -08 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this 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. Planninq Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 09 -32. 2. A minimum six -foot high wall shall be constructed around the perimeter of the site and consist of a decorative block such as splitface or slumpstone, with contrasting pilasters and decorative trim caps. Prior to the issuance of building permits, a wall and fencing plan shall be submitted for review and approval by the Planning Division. 3. Light shields shall be installed for all light standards adjacent to residential uses to avoid light intrusion and comply with Chapter 41- 1304(c) and Chapter 8- 211(m)(4) of the Santa Ana Municipal Code. 4. Lockable private storage areas shall be provided above parking spaces in carport for use by residents. EXHIBIT B Resolution No. 2009 - Page 8 of 8 75E -36