HomeMy WebLinkAbout FULL PACKET_2010-05-03MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
APRIL 19, 2010
CLOSED SESSION MEETING
CALLED TO ORDER CONFERENCE ROOM
SOUTHWEST SENIOR CENTER
2201 W. MCFADDEN AVENUE
SANTA ANA, CA
5:15 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor (5:16 P.M.)
CLAUDIA ALVAREZ, Mayor Pro Tern (5:20
P.M.)
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH FLETCHER, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS - None
CLOSED SESSION ITEMS
1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a)
Ross Seehr vs. City of Santa Ana, Case No.: ADJ276838
Richard Serrato vs. City of Santa Ana, Case Nos.: 1) ADJ6520099,
2) ADJ6520248
Rosas vs. City of Santa Ana, OCSC Case No. 30- 2009 - 00325274
CITY COUNCIL MINUTES
1 0A -1
1
APRIL 19, 2010
1B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6
Agency Negotiators:
Employee Organizations
ADJOURNED
CITY COUNCIL MINUTES
Personnel Services Executive Director,
Kathie Gonzalez
Santa Ana Service Employees International
Union (SEIU)
Santa Ana Management Association
Santa Ana Firemen's Benevolent Association
Santa Ana Police Officer's Association
Santa Ana Police Management Association
Santa Ana Fire Management Association
Confidential Association of Santa Ana
6:04 P.M.
G r�7.
APRIL 19, 2010
REGULAR CITY COUNCIL MEETING
CALLED TO ORDER SOUTHWEST SENIOR CENTER
2201 W. MCFADDEN AVENUE
SANTA ANA, CA
6:09 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES (6:13 P.M.)
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO (6:10 P.M.)
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH FLETCHER, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PLEDGE OF ALLEGIANCE MAYOR PULIDO
CLOSED SESSION REPORT — City Attorney Fletcher provided a report. Refer to
Consent Calendar Item 19A.
PUBLIC COMMENTS
• Beatrice Calderon of New Horizons Neighborhood Association expressed
concerns with private car sales along McFadden Avenue and business at 2424
McFadden;
• Rosa Maria Pizano commented on illegal sales and raised pavement in the
immediate area of the Southwest Senior Center, park and elementary school;
• George Garcia commented on agenda items 23A and 25B and concerned with
condition of the surrounding area;
• Will B. King commented on different issues of personal concern;
• Rick Niedermayer commented agenda item 23A; and rental costs of public
facilities for non - profit organization;
• Jose Rea of Madison Park Association thanked the Mayor and Council for
completing the Streets Rehabilitation Program ahead of schedule, commented
on necessity of green space and invited all to a Community Forum on May 8 at
St. Anne's Catholic Church;
• Carlos Benitez presented Mayor Pulido and Councilmembers Sarmiento and
Martinez with a plaque for their contributions to the Federacion Internacional de
Clubes Guerrerenses; and
CITY COUNCIL MINUTES 3
i NMI
APRIL 19, 2010
• Medardo Rivas representing Pentecostal Church of God requested assistance in
locating new facility for their growing church; Councilmember Martinez to assist
with this endeavor.
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on Consent Calendar Items 10A
through 25B.
MOTION: Alvarez
VOTE:
MINUTES
AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Benavides
Alvarez, Benavides, Bustamante, Martinez, Sarmiento,
Tinajero, Pulido (7)
None (0)
None (0)
None (0)
ADMINISTRATIVE MATTERS
MINUTES OF THE REGULAR MEETING OF APRIL 5, 2010 - Clerk of
the Council Office
MOTION: Approve Minutes.
BOARDS / COMMISSIONS / COMMITTEES
13A BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT —
OCTOBER 2009 THROUGH MARCH 2010 — Clerk of the Council Office
MOTION: Receive and file Boards and Commissions Biannual
Attendance Report.
13B APPOINTMENT — PERSONNEL BOARD - Clerk of the Council Office
MOTION: Appoint Maria - Isabel Rivera (Ward 1 resident) to the
Personnel Board nominated by Councilmember Sarmiento as the
\i11 T %►VUNUJL MIND I t5
4
1 0A -4
APRIL 19, 2010
Ward 1 representative for a term expiring December 11, 2012.
(replacing M. Macres)
13C APPOINTMENT — PERSONNEL BOARD - Clerk of the Council Office
MOTION: Appoint Eugen C. Andres to the Personnel Board
nominated by Mayor Pulido as the Mayoral representative for a term
expiring December 14, 2010. (replacing L. Means)
13D APPOINTMENT — HISTORIC RESOURCES COMMISSION - Clerk of the
Council Office
MOTION: Appoint Alfonso Bustamante (Ward 2 resident) to the
Historic Resources Commission nominated by Councilmember
Martinez as the Ward 2 representative for a term expiring December
14, 2010. (replacing J. Dickman)
13E APPOINTMENT - NEWPORT BAY WATERSHED EXECUTIVE
COMMITTEE — City Manager's Office
MOTION: Appoint Mayor Pro Tern Claudia Alvarez to the Newport
Bay Watershed Executive Committee for a term expiring December 1,
2012.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT — City Attorney's Office
MOTION: Approve settlements as follow:
• Ross Seehr vs. City of Santa Ana, Case No.: ADJ276838,
Compromise and Release in the amount of $75,000
• Richard Serrato vs. City of Santa Ana, Case Nos.: 1) ADJ6520099,
2) ADJ6520248, Compromise and Release in the amount of
$85,000
19B EXCUSED ABSENCES — None.
CITY COUNCIL MINUTES 5 APRIL 19, 2010
1 0A -5
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A APPROPRIATION ADJUSTMENT FOR AMERICAN RECOVERY AND
REINVESTMENT ACT RAPID RESPONSE FUNDS - Community
Development Agency
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2010 -120 — Recognizing $173,920
in American Recovery and Reinvestment Act Rapid Response Additional
Assistance funds awarded to the City of Santa Ana WORK Center
PROJECTS /CHANGE ORDERS
23A CONTRACT AWARD FOR PLAZA OF THE FOUNTAINS PLANTER
RENOVATION AND EXPANSION JOINT REPAIR (PROJECT NOS.
099109 & 099107) - Public Works Agency
MOTION:
Award a contract to Park West Landscape, Inc., the lowest
responsible bidder, in accordance with the base bid in the
estimated amount of $532,588.46 for construction of Plaza of the
Fountains Planter Renovation and Expansion Joint Repair.
2. Approve a Funding Analysis with a total estimated construction
cost of $665,700 which includes construction, contract
administration, inspection, testing, and contingency costs.
AGREEMENTS
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. (Item 25A
and 25B)
25A AGMT NO. 2010 -068 - FINANCIAL SYSTEM MAINTENANCE SUPPORT
AND SERVICE - With Lawson Software Americas, Inc. in an annual
amount not to exceed $190,000 with provision for two, one -year renewals
with mutually agreed upon increases - Finance & Management Services
CITY COUNCIL MINUTES 6 APRIL 19, 2010
1 0A -6
25B AGMT NO. 2010 -069 - COOPERATIVE AGREEMENT FOR THE
NEWPORT BAY WATERSHED MANAGEMENT AREA - With the County
of Orange - Public Works Agency
* *END OF CONSENT CALENDAR **
BUSINESS CALENDAR
RESOLUTIONS
55A FISCAL YEAR HOMELAND SECURITY GRANT PROGRAMS -
METROPOLITAN MEDICAL RESPONSE SYSTEM 2009 - Fire
Department
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2010 -014 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY
MANAGER AND THE FIRE CHIEF TO SUBMIT A GRANT
APPLICATION TO THE STATE OF CALIFORNIA OFFICE OF
EMERGENCY SERVICES FOR THE FY2009 METROPOLITAN
MEDICAL RESPONSE SYSTEM GRANT PROGRAM
2. Authorize the City Manager and the Clerk of the Council to
execute a sub - grantee agreement subject to non - substantive
changes approved by the City Manager and City Attorney.
AGMT NO. 2010 -070 — With Orange County in the amount of
$316,403 for the 2009 Homeland Security Grant Programs,
Metropolitan Medical Response System grant.
3. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2010 -121 — Recognizing the
2009 Homeland Security Grant Programs, Metropolitan Medical
Response System grant funds and appropriate the same into the 2009
Metropolitan Medical Response System grant expenditure account.
MOTION: Alvarez
VOTE: AYES:
SECOND: Martinez
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
CITY COUNCIL MINUTES 7 APRIL 19, 2010
1 0A -7
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55B AUTHORIZING THE SUBMITTAL OF PROPOSITION 84 URBAN
GREENING FOR SUSTAINABLE COMMUNITIES GRANT APPLICATION
FOR BIRCH PARK IMPROVEMENTS - Parks, Recreation & Community
Services Agency
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2010 -015 - RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE URBAN GREENING
GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER
QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL
PROTECTION BOND ACT OF 2006 (PROPOSITION 84)
2. Receive and file Categorical Exemption for Environmental Review
No. 2010 -62 (Birch Park).
MOTION: Alvarez SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante,
Martinez, Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
COMMENTS
90A CITY MANAGER'S COMMENTS — None.
CITY COUNCIL MINUTES g APRIL 19, 2010
illyx;�
90B CITY COUNCILMEMBER COMMENTS
Councilmember Martinez:
• Joint meeting with the Santa Ana Unified School District discussed
various issues including the six low performing schools in jeopardy of
closing down; urged public to contact schools.
Councilmember Benavides:
• Appreciated the Council Meeting held in facility within Ward 4,
highlighted efforts made to improve the area and invited all to tour the
newly renovated Jerome Center.
Mayor Pro Tern Alvarez:
• Commented on recent decision by Board of Recreation and Parks to
study feasibility of a dog park; supports concept;
• Reported on recent press conference highlighting Street Rehabilitation
Program completed under - budget and two years ahead of the
schedule;
• Congratulated the following Santa Ana Unified School District schools
on receiving the prestigious 2010 California Distinguished Schools
Award: Carl Harvey Elementary; Dr. Martin Luther King Jr. Elementary;
El Sol Santa Ana Science and Arts Academy; Jim Thorpe
Fundamental; Madison Elementary; and Martin R. Heninger
Elementary.
WORK STUDY SESSION
WSA JEROME CENTER TOUR, (726 S, CENTER STREET, SANTA ANA) -
Parks, Recreation & Community Services Agency
Gerardo Mouet, Executive Director of Parks and Recreation, announced a
tour of the newly refurbished Jerome Center would take place and invited
the Council and members of the public to participate.
ADJOURNMENT - at 7:38 p.m. to the next meeting of the City Council is scheduled for
Monday, May 3, 2010 at 5:00 p.m. for the Closed Session Meeting
immediately followed by the Regular Business Meeting in the
Council Chamber, 22 Civic Center Plaza, Santa Ana, California.
Maria D. Huizar,
Clerk of the Council
CITY COUNCIL MINUTES
APRIL 19, 2010
�i[�1_d_[��
CALLED TO ORDER
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
APRIL 26, 2010
SPECIAL CLOSED SESSION MEETING
CITY HALL
20 CIVIC CENTER
SANTA ANA, CA
6:35 P.M.
PLAZA, 8T" FLOOR
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO (6:42 P.M.)
ABSENT:
STAFF Present:
CYNTHIA J. NELSON, Deputy City Manager
JOSEPH FLETCHER, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS — None
CLOSED SESSION CALENDAR
1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Agency Negotiators: Personnel Services Executive Director, Kathie
Gonzalez
Employee Organizations: Santa Ana Service Employees International Union
(SEIU)
Santa Ana Management Association
Santa Ana Firemen's Benevolent Association
Santa Ana Police Officer's Association
Santa Ana Police Management Association
Santa Ana Fire Management Association
Confidential Association of Santa Ana
SPECIAL MEETING MINUTES 1 APRIL 26, 2010
1 0B -1
ADJOURNED 7:15 P.M.
Maria D. Huizar,
Clerk of the Council
SPECIAL MEETING MINUTES
APRIL 26, 2010
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
DESTRUCTION OF
OBSOLETE CITY RECORDS
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
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: April 20, 2010
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
2010
RECORD
RECORD
RECORD
EXPIRATION
CATEGORY
SERIES
DESCRIPTION
DATES
Chronological Files
Staff
Memoranda and Correspondence
May 1, 2008
and prior
Correspondence/
May 1, 2008
Chronological Files
Councilmember
Self- explanatory
and prior
Council Requests
Mayor
Inquiries processed for Mayor
May 1, 2008
and prior
Wards 1 through 6
Inquiries processed for Councilmembers
May 1. 2008
and prior
Correspondence
General Correspondence
Self- explanatory
May 17 2008
and prior
Staff
Inquiries processed for Staff
May 17 2008
and prior
Monthly Status
City Manager
Self- explanatory
May 1, 2008
Reports
and prior
Payroll Records
Council /Staff
Self- explanatory
May 1. 2008
and prior
May 1, 2008
Travel Folders
Council /Staff
Self- explanatory
and prior
APPROVE:
David N. Ream Dat6
City Manager
RECORDS DESTROYED:
Volume
in Cubic Feet
Weight
in Pounds
19C -4
CONSENT:
2 (j r) I o
Joseph W. Fletcher Date
City Attorney
AUDITED BY:
Mark Lawrence Date
Assistant to the City Manager
-.W At
MEMORANDUM
To: Laura Sheedy, Assistant City Attorney
City Attorney's Office
From: Sharon Hennegen
Date: ,k r•(1 19 , 2 (Y.1 (i
Re: REQUEST FOR DESTRUCTION OF RECORDS
<..
The Clerk of the Council requests your consent to destroy city records on the attached listing,
in accordance with the retention schedule outlined in City Council Resolution 2006 -045.
Thank you.
19C -5
CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
FINANCE AND MANAGEMENT SERVICES
(April 2010)
RECORD
RECORD
RECORD
RECORD
CATEGORY
SERIES
DESCRIPTION
DATES
Mar 2007
ACCOUNTS
Cash Requirement
Lists paid invoices by vendor.
and prior
PAYABLE
(AP 50)
Mar 2008
Direct Payment Voucher
Generates payment to City vendor /creditor used in lieu of
and prior
P.O. when item & vendor known.
Petty Cash Receipts
Reimbursements for authorized expenses under $75.00
Mar 2008
and prior
Mar 2008
Purchase Requisition
Agency requests to FMSA to locate best vendor for
and prior
identified goods /items
Travel Request and
Expense Report
Self- explanatory
and prior
Material Release Forms
Order for item directly from City approved vendor list
Mzuub
and prior
Purchase Orders
Authorize purchase of goods or services
and prior
PREPARED BY:
ministrative Services Manager
rchasing Division
RECORDS DESTROYED:
Number of Boxes
19C -6
CONSENT BY:
Date
APPROVED BY:
Joseph Fletcher Dale-
City Attorney
MEMORANDUM
To: Joseph Straka, Assistant City Attorney
City Attorney's Office
From: Michael Ernandes, Personnel Operations Manager
Personnel Services Department, M24
Date: April 21, 2010
Re: REQUEST FOR DESTRUCTION OF RECORDS
The Personnel Services Department requests your consent to destroy city
records on the attached list, in accordance with the retention schedule
outlined in City Council Resolution 2006 -045.
Thank you.
19C -7
CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
PERSONNEL SERVICES DEPARTMENT
2006
PERSONNEL SERVICES DEPARTMENT
RECORD
RECORD
RECORD
RECORD
CATEGORY
SERIES
DESCRIPTION
DATES
EMPLOYMENT
Full- /Part -Time
U.S. Dept. of Justice Immigration and
Hired April 1, 2007
ELIGIBILITY
Employees
Naturalization forms completed and signed
and prior, or
VERIFICATION
by EE and reviewed and verified (with
terminated April 1,
(FORMS 1 -9)
necessary documentation) by employer
2009 and prior,
representative.
whichever is later."
*Will be purged
._ l .
a7
Stma for Datq
Michael S. (E ndes, 1�
Personnel Operations Manager
RECORDS DESTROYED:
Number of Boxes
19C -8
CONSENT BY:
Kathie G nzalez Date
Executive Director
Personnel Services Department
APPROVED BY:
�' seph Fletcher Date
J City Attorney
MEMORANDUM
To: Joseph Straka, Assistant City Attorney
City Attorney's Office
From: Michael Ernandes, Personnel Operations Manager
Personnel Services Department, M24
Date: April 8, 2010
Re: REQUEST FOR DESTRUCTION OF RECORDS
The Personnel Services Department requests your consent to destroy city
records on the attached list, in accordance with the retention schedule
outlined in City Council Resolution 2006 -045.
Thank you.
19C -9
CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
PERSONNEL SERVICES DEPARTMENT
2006
PERSONNEL SERVICES DEPARTMENT
RECORD
RECORD
RECORD
RECORD
CATEGORY
SERIES
DESCRIPTION
_
DATES
ENROLLMENT
Dental Insurance
Employee dental insurance enrollment
EE Separated April
FORMS
forms **
2005 and prior
(OFFICIAL)
Flexible
Enrollment forms for flexible spending
EE Separated April
Spending,
program **
2005 and prior
Section 125
Life Insurance
Employee life insurance enrollment forms **
EE Separated April
2005 and prior
Long -Term
Employee Long -Term Disability Insurance
EE Separated April
Disability
enrollment forms **
2005 and prior
Insurance
Medical
Employee medical insurance enrollment
EE Separated April
Insurance
forms **
2005 and prior
EQUAL
Employment and
Personnel and employment records,
EE Separated April
EMPLOYMENT
personnel
including application forms*, records
2005 and prior
OPPORTUNITY
records
pertaining to promotions *, layoffs *,
COMMISSION
terminations *, salaries* and training*
(EEOC)
Involuntary
Personnel records of terminated employee **
EE Separated April
termination
2005 and prior
OFFICIAL
Certification/
Request for Certification and /or
EE Separated April
PERSONNEL
Reassignment
reassignment forms which document and
2005 and prior
FILES
Forms
authorize hiring, reassignment, or other
employee actions.*
Certificates of
Certificates issued to EE which show
EE Separated April
Training
completion date of training class(es)*
2005 and prior
Commendation
Letters of commendation and /or other
EE Separated April
Letters
congratulatory documents received by and /or
2005 and prior
issued to EE.*
Disciplinary
Memorandums, letters, or other records of
EE Separated April
Actions
proposed and /or implemented disciplinary
2005 and prior
action(s).*
Doctor's Notes/
Notes /medical release forms, etc., submitted
EE Separated April
Medical
regarding employee's medical condition. **
2005 and prior
Releases
Drug Screen
Pre - placement and drug screening
EE Separated April
Test
authorization and acknowledgement form(s)
2005 and prior
and results of drug screening.**
19C -10
PERSONNEL SERVICES DEPARTMENT
RECORD
RECORD
RECORD
RECORD
CATEGORY
SERIES
DESCRIPTION
DATES
OFFICIAL
Family and
Basic employee data (name, address, class
EE Separated April
PERSONNEL
Medical Leave
title, pay rate, hours waked per pay period;
2005 and prior
FILES
(FML)
additions to or deductions from wages).
Dates (or hours) FML designated/ taken;
FML notices given to employer by employee;
documents from employer describing FML
policies; records of premium payments of
employee benefits; records of any disputed
confidential files: records /documents relating
to medical certifications. **
Job Application
Applications for employment and resumes (if
EE Separated April
any) for hired employees.*
2005 and prior
Medical Leave of
Leave of Absence forms used in the
EE Separated April
Absences **
documentation of medical leave (including
2005 and prior
pregnancy leave and Family and Medical
Leave). **
Miscellaneous
Documents not specifically mentioned but
EE Separated April
Documents
kept in official personnel file. * **
2005 and prior
Notice of
Form completed by employee and /or
EE Separated April
Separation
department indicating effective date of
2005 and prior
separation, last day on the job, reason for
separation, etc. **
Oath of Office
Form completed and signed by employee
EE Separated April
affirming allegiance to the Constitution of the
2005 and prior
United States and the Constitution of the
State of California.*
Outside
Form submitted by employee for approval fa
EE Separated April
Employment
employee to be engaged in outside
2005 and prior
employment.*
Performance
Employee performance evaluation forms
EE Separated April
Evaluations
completed by supervisory personnel re
2005 and prior
employees' accomplishment of their
assigned duties and responsibilities, etc.*
PERS
Forms to enroll employees in the Public
EE Separated April
Enrollment
Employees' Retirement System (PERS) **
2005 and prior
Pre - Employment
Forms completed by employee and medical
EE Separated April
Medical
clinic to assess physical capability of
2005 and prior
employee prior to hiring. **
Security Check
Form completed by Personnel Svcs to
EE Separated April
Form
request Police Dept to conduct security
2005 and prior
check on employee prior to hiring.*
Special Licenses
Special licenses issued to employees from
EE Separated April
DMV, accredited schools, etc., verifying
2005 and prior
employee meets certain job - related
_
requirements.*
Tuition
Copies of applications for training and
EE Separated April
Reimbursement
educational assistance which show EE
2005 and prior
Request
request, department head approval, and final
disposition of request.*
19C -11
PERSONNEL SERVICES DEPARTMENT
RECORD
RECORD
RECORD
RECORD
CATEGORY
SERIES
DESCRIPTION
DATES
OFFICIAL
Union Bank
Form signed by employee authorizing leave
EE Separated April
PERSONNEL
Donation Form
hours be donated to the Union Business
2005 and prior
FILES
Leave Bank to be used by union leaders for
Union Business."
W -4 form
Employee's Withholding Allowance
EE Separated April
Certificate completed by EE authorizing
2005 and prior
employer to withhold Federal income tax
from employee's pay and /or for indicating
exemption."
Please see attached spreadsheet, dated April 8, 2010, listing personnel files to be purged /digitally
imaged.
* Will be purged
** Will be digitally imaged
* ** If non - medical records, will be purged; if medical records, will be digitally imaged.
PREPARED BY: CONSENT BY:
Susan Wathen for Date
Michael S. Ernandes,
Personnel Operations Manager
RECORDS DESTROYED:
Number of Boxes
19C -12
athie Gonzalez Date
Executive Director
Personnel Services Department
APPROVED B
Joseph Fletcher
City Attorney
19C -13
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19C -13
CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
PERSONNEL SERVICES DEPARTMENT
2006
PERSONNEL SERVICES DEPARTMENT
RECORD
RECORD
RECORD
RECORD
CATEGORY
SERIES
DESCRIPTION
DATES
RECRUITMENTS
Background
Materials used in the preparation/
April 2007 and prior
Materials
implementation of recruitments.`*
_
Bilingual
Forms certifying bilingual capabilities fer
April 2007 and prior
Certification
bilingual aPA for
employees FeGeiving pay
Forms
applicants for recruitments which require
bilingual capabiliity.*
Ethnicity Stubs
From employment applications submitted at
April 2007 and prior
recruitment time, are kept for outreach
purposes.*
Examination
Examination answer sheets completed by
April 2007 and prior
Answer Sheets
applicants during testing process and other
testing materials.*
Official Eligible
Eligible lists signed by City Manager. Lists of
April 2007 and prior
Lists
individuals placed on an eligible list card for
hiring purposes (copies only - original signed
eligible lists are with recruitment file folder
(according to classification title)). **
See attached spreadsheet, dated April 8, 2010, with recruitment files to be purged /digitally imaged.
* Will be purged
** Will be digitally imaged
PREPARED BY:
(V c_( --�- 4 -� -)a
Susan Wathen for Date
Michael S. Ernandes
Personnel Operations Manager
RECORDS DESTROYED:
Number of Boxes
19C -14
CONSENT BY:
Kathie Gonzalez Date
Executive Director
Personnel Services Department
APPROVED BY:
Joseph Fletcher Date
City Attorney
19C -15
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19C -16
MEMORANDUM
To: Joseph W. Fletcher Date:
City Attorney
From: Raul Godinez II
Executive Director. PWA
April 15, 2010
Subject: DESTRUCTION OF PUBLIC WORKS AGENCY PROJECT FILES FOR 2007 & 2008
The records listed on the attached pages are obsolete according to the City of Santa Ana
Retention Schedule adopted in July 2006 by the City.
Please review this report and return a signed and dated copy of the attached pages,
approving the destruction of these records.
Attachment: 2007 & 2008 Project Purge
cc: Teri Cable, Administrative and Enterprise Services Manager
19C -17
2007 & 2008 Destruction of PWA Project Files
4 -Iq- ��010
Raul Godinez II
Executive Director
Public Works Agency
DESTRUCTION OF THESE RECORDS APPROVED BY:
Date
Joseph Fletcher Date
City Attorney
DESTRUCTION OF THESE RECORDS VERIFIED BY:
Teri Cable Date
Administrative and Enterprise Services Manager
Upon approval 30 "Banker Boxes" will be destroyed.
19C -18
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19C -28
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
QUARTERLY REPORT OF INVESTMENTS AS OF
MARCH 31, 2010
CITY MANAGER
RECOMMENDED ACTION
Receive and file.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on I" 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 March 31, 2010.
19D -1
QUARTERLY REPORT OF INVESTMENTS
May 3, 2010
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit 1 Treasurer's Report
W01 MA
CITY OF SANTA ANA
TREASURER'S REPORT
as of March 31, 2010
EXHIBIT 1
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19D -19
i Lei
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
APPROPRIATION ADJUSTMENT
ACCEPTING GROWTH
MANAGEMENT AREA FUNDS FOR
VARIOUS PROJECTS
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
1. Approve an appropriation adjustment accepting funds in the amount of $303,827 into the
Measure M — Street Construction Fund (accounting unit 03217002 - 52330) and appropriating the
funds to the Measure M — Street Construction Fund (accounting unit 03217660- 66220, project
no. 081730) for the State Route (SR -55) /Alton Avenue Overcrossing project.
2. Approve an appropriation adjustment accepting funds in the amount of $7,000 into the Measure
M — Street Construction Fund (accounting unit 03217002 - 52330) and appropriating the funds to
the Measure M — Street Construction Fund (accounting unit 03217660 - 66220, project no.
091758) for Fiscal Year 09/10 Project Development.
DISCUSSION
On April 6, 2009, the City Council approved the award of the contract for preparation of plans and
cost estimates for the Alton Overpass at SR55. The CIP for Fiscal Year 07/08 identified $2,390,000
in Measure M Competitive: Regional Interchange Program (RIP) and Growth Management Area
(GMA) funds for this project. The GMA board approved an additional $303,827 for this project in
June 2009. In order to recognize the additional $303,827 in the current fiscal year, an appropriation
adjustment is needed. The funds will be used for design engineering services for the project.
Additionally, each year as part of Measure M -1, the City receives an allocation of GMA funds for
Project Development. In fiscal year 09/10, Santa Ana received its yearly allocation of $7,000 for this
project. The funds will be used to coordinate grant application preparation, and administration for
the project.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
20A -1
Appropriation Adjustment Accepting GMA Fund
For Various Projects
May 3, 2010
Page 2
FISCAL IMPACT
Funds received in the total amount of $310,827 will be deposited into the Measure M — Street
Construction fund (accounting unit 03217002 - 52330) and appropriated into the Measure M — Street
Construction fund (accounting unit 03217660 - 66220, $303,827 in project no. 081730 and $7,000 in
project no. 091758).
c
Raul Godinez II
Executive Directo
Public Works Agency
RG /JG
APPROVED AS TO FUNDS AND ACCOUNTS:
�Gufierrez
Z Francisco
Executive Director
Finance & Management Services Agency
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
CONTRACT AWARD FOR RESCUE
EXTRACTION EQUIPMENT
(SPEC. NO. 10 -014)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1St Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Award a contract to Fire Service Specification & Supply for Rescue Extraction Equipment in the
amount not to exceed $38,238.
DISCUSSION
On April 7, 2008, the City Council accepted a $250,401 grant from the State of California
Governor's Office of Homeland Security, under the Metropolitan Medical Response System
Program. The program was created to enhance a community's ability to respond to terrorist
attacks.
The Fire Department has three front line Truck Companies, equipped with hydraulic rescue tools.
On December 1, 2008, the City Council approved replacement extraction equipment for two of
the truck companies. This purchase will complete the upgrade by outfitting the third Truck
Company with lighter, more durable hydraulic rescue tools. This purchase will standardize rescue
equipment and enhance the Fire Department's emergency response capability.
Santa Ana City Ordinance No. NS -2312 authorizes the City to purchase against contracts from
any public agency utilizing a competitive bid process. The City of Los Angeles' contract with Fire
Service Specification & Supply was awarded as a result of open, competitive bidding, and meets
the City's requirements. Staff recommends the purchase of the rescue extraction equipment.
22A -1
Contract Award for Rescue Extraction Equipment
May 3, 2010
Page 2
FISCAL IMPACT
Funds are available in the Metropolitan Medical Response System 2007 Grant account (no.
14615364- 63001).
Marc E. Martin
Fire Chief
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez Li
Executive Director
Finance & Mgmt. Services Agency
22A -2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
CONTRACT AWARD FOR
BURNER REPLACEMENT
(SPEC. NO. 10 -015)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 151 Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract for replacement of steam boiler burners to R.F. MacDonald Co. in an amount
not to exceed $142,569.
DISCUSSION
The Police Administration and Holding Facility is approximately 505,000 sq /ft and utilizes two hot
water heater boilers, operating continuously, to provide space heating throughout the building, as
well as hot water to the four story administration building, the Holding Facility, the kitchen and
laundry services. The existing hot water heater's burners are fueled by natural gas and heat
water to a preset temperature. The hot water is then circulated throughout the building. The
existing boilers are 13 years old and the burners must be replaced to meet new South Coast Air
Quality Management District (SCAQMD) rule 1146. 1, which goes into effect on January 1, 2011,
requires that Nitrogen Oxide (NOx) does not exceed 9 PPM (Parts per million) with Oxygen,
regulated at 3% of the entire firing range, and that Carbon Monoxide (CO) does not exceed 400
PPM across the entire firing range of the new burners. The regulations require the more efficient
burning of natural gas and must pass a quarterly inspection by an SCAQMD certified inspector.
R.F. MacDonald is the only vendor that provides a burner to replace the existing burners, without
replacing the existing two Bryan Boilers. The Boilers are still in excellent condition and would be
more costly to replace. The contract will provide for the manufacture, delivery, installation, as well
as the testing of two existing non compliant burners. Due to manufacturing lead time, it is
necessary to award this contract now, for purchasing in fiscal year 2010 -11. To allow for
unanticipated requirements, a five percent contingency has been included in the award amount.
22B -1
Contract Award for Burner Replacement
May 3, 2010
Page 2
FISCAL IMPACT
Funds are available in the Police Maintenance Machinery & Equipment account (no. 01114403-
66400).
I
Paul M. Walters
Chief of Police
Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
CONTRACT AWARD FOR
DELL COMPUTERS
(SPEC. NO. 10 -016)
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
Award a contract to Dell Computer Corporation, for the purchase of computers in an amount not
to exceed $19,800.
DISCUSSION
The Santa Ana Housing Authority (SAHA) administers the Department of Housing and Urban
Development's (HUD's) Housing Choice Voucher Program for the City of Santa Ana. SAHA's
program has a budget in excess of $27,000,000 annually and serves 2,558 families. This
effective, high performing program utilizes a voucher management software program to
electronically transmit data to HUD on a weekly basis. In order to maintain the integrity of the
program and mandated reporting, SAHA requires reliable desktop computers. The current 17
desktop computers are over seven years old and are reaching their end of life service. The
replacement computers, along with an additional notebook for field inspections, will ensure
continued processing of the Housing Authority's Voucher Program, servicing the public directly.
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 Telecommunications Goods & Services. WSCA agreements are available to all
State of California governmental entities that expend public funds for the acquisition of both
goods and services. Dell Computer Corporation is a manufacturer offering WSCA pricing. This
purchase, when combined with purchases made by the City with Dell Computer Corporation,
exceeds the $25,000 aggregate limit, requiring council approval.
22C -1
Contract Award for Dell Computers
May 3, 2010
Page 2
FISCAL IMPACT
Funds are available in the Housing Authority Vouchers Administrative account (no.14018760-
66400).
Cynthia J. Nelson
Deputy City Manager for
Development Services
Community Development Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
r , -�i
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
22C -2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
CONTRACT AMENDMENT FOR
GENERAL CONTRACTING SERVICES
(SPEC. NO. 10 -018)
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
Amend the contract with KCK Construction Co. for general contracting services by $10,000 for an
annual amount not to exceed $35,000.
DISCUSSION
The City establishes an annual blanket order list consisting of vendors that provide supplies and
services utilized by agencies on a consistent basis. General contracting services are required at
times by all City departments for the purposes of general maintenance, building modifications,
and renovation. The contract for general contracting services provides fixed pricing for multiple
trades including carpentry, concrete work, paper hanging, welding, suspended ceiling installation,
and sheet metal work for all City departments.
Bids have been solicited for a new contract for this service. During the solicitation process, KCK
Construction Co. continued to provide uninterrupted service to the City. The amendment will
allow for final payment and termination of the previous contract.
FISCAL IMPACT
Funds are available in the Building Maintenance Facilities account (no. 07310100 - 62300).
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
22D -1
22D -2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
CONTRACT AWARD FOR
RESIDENTIAL STREET REPAIR
PHASE 13 (PROJECT NO.106726)
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 Hardy and Harper, Inc., the lowest responsible bidder, in accordance with
unit bid prices in the estimated amount of $2,777,000 for construction of Residential Street
Repair Phase 13.
2. Approve a Funding Analysis with a total estimated construction cost of $3,387,900.
DISCUSSION
Phase 13, which is the area bounded by Edinger Avenue, Bristol Street, Warner Avenue, and
Fairview Street, is part of the City's comprehensive plan to rebuild residential streets throughout
the city. Some of the streets located in this area have been identified as a high priority for
rehabilitation in the City's pavement management system. The pavement is deteriorating due to
weather, age, and heavy usage. Additionally, some of the adjacent curbs, gutters, sidewalks,
cross gutters, and curb ramps are in various states of disrepair and require replacement.
The contract provides for recycling of asphalt pavement with the cement treated base
reconstruction process or the cold -in -place recycling process, and replacing damaged concrete
curbs, gutters, sidewalks, cross gutters, 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 March 17 and 19, 2010, and bids were opened on
April 7, 2010. A summary of the bid invitations mailed, the bids received, and the bid results
follows.
Santa Ana Contractors receiving notices: 12
Contractors requesting bidding documents: 11
Bids received: 6
Bids received from Santa Ana Contractors: 1
23A -1
Contract Award For Residential
Street Repair Phase 13
May 3, 2010
Page 2
NAME OF RESPONSIVE BIDDER
CITY
BID AMOUNT
1.
Hardy & Harper, Inc.
Santa Ana
$2,777,000
2.
All American Asphalt
Corona
$2,819,880
3.
R. J. Noble Company
Orange
$2,820,689
4.
Elite Bobcat Service, Inc.
Corona
$2,862,650
5.
Excel Paving
Long Beach
$2,989,495
6.
Pave West
La Habra
$3,280,660
A total of six bids were received and all were responsive. The lowest bid was submitted by Hardy
and Harper, Inc., for $2,777,000, which is below the Engineer's estimate of $2,801,400.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project is exempt from
future review. Categorical Exemption Environmental Review No. 2010 -038 will be filed for the
project.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of $3,387,900 for the project
(Exhibit 2). Funds are available in the Public Works Program for Residential Street Repair
(accounting unit 05817661- 66220).
Raul Godinez II
Executive Directo
Public Works Agency
RGNVA
Exhibit 1: Project Location Map
2: Funding Analysis
APPROVED AS TO FUNDS AND ACCOUNTS:
i a
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
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EXHIBIT 1
SANTA ANA
CITY COUNCIL Title:
AGENDA CONTRACT AWARD FOR
P■ I I A ■ RESIDENTIAL STREET REPAIR PHASE 13
r� / DATE: (PROJECT NO. 106726)
RWC WOW AGENCY MAY 3, 2010
IN157
FUNDING ANALYSIS
PROJECT NO. 106726
RESIDENTIAL STREET REPAIR PHASE 13
Construction Contract
$2,777,000
Contract Administration
$53,200
Inspection and Testing
$180,000
Survey Staking
$100,000
Contingencies
$277,700
TOTAL ESTIMATED CONSTRUCTION COSTS $3,387.900
Exhibit 2
23A -4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010 -01 FOR THE
PROPERTY LOCATED AT 2345 N. NORTH
PARK BOULEVARD
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 Clerk of the Council to execute the attached agreement with the
Sanchez H & G Family Trust, property owners, for the structure located at 2345 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 the Sanchez H & G Family Trust, property owners, for the structure
located at 2345 N. North Park Boulevard, subject to non - substantive changes approved by the City
Manager and City Attorney at its April 1, 2010 meeting by a vote of 5:0 (Villasenor absent).
DISCUSSION
After the public hearing on April 1, 2010, the Historic Resources Commission reviewed the proposed
Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting
potential property tax savings would encourage the owner to reinvest the tax savings in the
maintenance of their historic property, and would benefit both the owner and the community (Exhibit
A). Additionally, the agreement prevents inappropriate alterations.
25A -1
HPP Agreement No. 2010 -01
May 3, 2010
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an
estimated $86.75 to $433.82 annually, for a period of not less than ten years.
J .Trevino
Executive Director
Planning & Building Agency
HS:rb
hs\historic info \mills act agreements \2345_N_NorthPark \hppa10 -1.cc
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez FUJ
Executive Director
Finance & Management Services Agency
Exhibit: A. Historic Resources Commission Staff Report
25A -2
REQUEST FOR
Historic Resources Convnission Action 1_
HSTOWRESOURCESCOMMISMNIMIEETM
APRIL 1, 2010
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010 -01 FOR THE PROPERTY
LOCATED AT 2345 N. NORTH PARK BOULEVARD
Prepared by Hally SSoboleske
APPROVED
❑ As Recommended
❑ As Amended
❑ Set Public Hearing For
CONTINUED TO
CAk1_1_1 Z4
xecutive 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 the Sanchez H & G Family Trust, property owners, for the structure
located at 2345 N. North Park Boulevard subject to non - substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
Request of Applicant
The applicants, Sanchez H & G Family Trust, request the approval of Historic Property
Preservation Agreement No. 2010 -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 2345 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
25A -3
HPPA No. 2010 -01
April 1, 2010
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
Gear House and categorized as Contributive in April 2010 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.
/. bli,
Hally Solgleske
Associat Planner
HS:jm
Whistoric into\mills act agreements \2345_N_NorthPark\hppal0 -1.hrc
25A-4
HPPA- 2010 -01
2345 North North Palk Blvd.
PLANNING AND BUILDING AGENCY
EXHIBIT 1
EXECUTIVE SUMMARY
GEAR HOUSE
2345 N. North Park Blvd.
Santa Ana, CA 92706
NAME
Gear House
REF. NO.
ADDRESS
2345 N. North Park Blvd.
CITY
Santa Ana
ZIP
1 92706
ORANGE COUNTY
YEAR BUILT
1951
LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT
N/A
NEIGHBORHOOD
I 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).
The Gear 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 Resister CAterta for Evaluabon: (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: (Fran California Office of Historic Preservation, December 8, 2003.)
5S1: Individual property that is listed or designated locally.
EXHIBIT 2
Page 1 of 5
State of California — The Resources Agency Primary
DEPARTMENT OF PARKS AND RECREATION HRi g
PRIMARY RECORD Trinomial
NRHP Status Code
Other Listings
ReWew Code Reviewer Date
Page 1 of 4 Resource name(s) or number (assigned by recorder) Gear House
P1. Other Identifier:
*P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County
*b. USGS 7.5' Quad TCA1725 Date:
*c. Address 2345 N. North Park Blvd. City Santa Ana Zip 92706
*e. Other Locational Data: Assessor's Parcel Number 002- 133-16
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
L- shaped in plan, the Gear House is dad in wood siding including board and batten vertical siding on the frontmost bay, and
wide ship lap siding and nonorigiral stacked stone banding. The forward facing bay posseses a Dutch gable, and is pierced
by attic vent holes in in a one over five pattern. The cross gabled high pitched roof is sheathed in asphalt shingle, and has a
front facing dormer and stucco clad chimney protruding from the front facing rooftop. The dormer includes four identical
single hung wood windows. This one and a half story Colonial Revival structure has front facing entry with nonodginal
dentiled wood trim across the front and an awning over the tripartite window. The awning is held in place with two metal
speared supports flanking it. Assymmetrical in design, the roofline has narrow boxed eaves. Fenestration pattern includes a
tripartite picture window with twelve lights in the center fixed portion and four light casements flanking either side. The front
facing bay is pierced by five three light casement windows. Mature landscape complements the property, and this home is in
excellent condition.
*123b. 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)
Southwest elevation
January 2010
*P6. Date Constructed/Age and
Sources: ■historic
1951/City of Santa Ana Building
Permits
*P7. Owner and Address:
Sanchez, H & G Family Trust
2345 N. North Park Blvd.
Santa Ana, CA 92706
*P8. Recorded by:
Ha11y Soboleske
20 Civic Center Plaza
Santa Ana, CA 92702
*P9. Date Recorded:
March 10, 2010
*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 623A (1195)
Page 2 of 5
25A -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 #: Gear House
B1. Historic Name Gear House
B2. Common Name: Same
B3. Original Use: Single - family Residence
*135. Architectural Style: Colonial Revival
B4. Present Use: Single - family Residence
*136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1951
June 11, 1951. 7 room residence and garage.
June 19, 1951. Construction pole.
February 28, 1975. Plumbing for Clayton Gear.
December 3, 1992. Reroof.
*137. Moved? ■No DYes ❑Unknown Date: Original Location:
*138. Related Features:
None.
B9a. Architect: Unknown
b. Builder: Floyd Rogers
*1310. 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 Gear House is architecturally significant as a Colonial Revival style. The first occupants were Clayton and Olive Gear.
Clayton Gear was born in 1880 in Illinois and moved into this residence upon retirement. He died in the 1970's, and Olive
lived in the home until 4 was purchased by Noble and Judith Hundley. The home was sold to the current residents, the
Sanchez family, in 2009.
(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:
*614. Evaluator: Hally Soboleske
*Date of Evaluation: March 10, 2010
DPR 5238 (1/95)
( -rhis space reserved for official comments.)
Page 3 of 5
*610. Significance (continued):
Sketch Map
2345 N. North Park Blvd.
oa 002 - 133-16
w
i w
g i *Required information
U
i
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) Gear House
'Recorded by Hally Soboleske 'Date March 70, 2090 M Gontinuatlon ❑ update
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 Gear 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 fl, 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 Il years, Floral Park continued its development as
numerous smaller, single - family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style.
In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains
its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The Gear 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 ". Character - defining exterior
features of the Gear House that should be preserved include, but may not be limited to, original exterior materials where
extant, roof configuration; and architectural details such as wood tripartite and casement windows.
DPR 523L
Page 4 of 5
25A -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) Gear House
*Recorded by Hally Soboleske *Date March 10, 2010 0 Continuation ❑ Update
B12. References (continued):
Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National
Register Branch, National Park Service, US Dept. of 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 Joumal. September 21, 1981.
"Builder of Honer Plaza Dies," Orange County Register, September 15, 1981.
"History of Floral Park. " http.//www. flora! park. coM/ aoe2.himl.
"Noted Nursery Operator Dies," Santa Ana Register, August 28, 1957.
Santa Ana and Orange County Directories, 1937 -1978.
DPR 523L
Page 5 of 5
25A -10
MILLS ACT AGREEMENT
2345 North North Park Boulevard
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 May 3, 2010 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 Sanchez H & G Family Trust, (hereinafter referred to as "Owner "), owner of
real property located at 2345 North 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 2345 North
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.
EXHIBIT 3
-1-
25A -11
MILLS ACT AGREEMENT
2345 North North Park Boulevard
Santa Ana, CA 92706
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on May 3, 2010, 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-
25A -12
MILLS ACT AGREEMENT
2345 North North Park Boulevard
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 agrees to furnish the City with any and all information requested
which may be necessary or advisable to determine compliance with the terms and provisions of
this Agreement.
-3-
25A -13
MILLS ACT AGREEMENT
2345 North North Park Boulevard
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-
25A -14
MILLS ACT AGREEMENT
2345 North North Park Boulevard
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 2345 North North
Park Boulevard, Assessor Parcel Number, 002 - 133 -16, and more particularly described in
Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in
this Agreement.
b. The City and Owner hereby declare their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed covenants running with the land
and shall pass to and be binding upon the Owner' 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: Sanchez H & G Family Trust
Humberto and Gabriela Sanchez, Trustees
2345 North North Park Boulevard
Santa Ana, CA 92706
-5-
25A -15
MILLS ACT AGREEMENT
2345 North North Park Boulevard
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 parries
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.
WE
25A -16
MILLS ACT AGREEMENT
2345 North North Park Boulevard
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:
Joseph W. Fletcher
City Attorney
-7-
CITY OF SANTA ANA
DAVID N. REAM
City Manager
Lotn
Humberto Sanchez
Gabriela Sanchez
MILLS ACT AGREEMENT
2345 North North Park Boulevard
Santa Ana, CA 92706
Exhibit A
N TR 425 LOT 125
Assessor's Parcel Number: 002 - 133 -16
-8-
MILLS ACT AGREEMENT
2345 North North Park Boulevard
Santa Ana, CA 92706
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its environment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should be avoided when
possible.
All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from the other buildings or
structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological
resources affected by, or adjacent to any project.
9. Contemporary design for alternations and additions to existing properties shall not
be discouraged when such alterations and additions do not destroy significant
historical, architectural or cultural material, an such design is compatible with
-9-
25A -19
MILLS ACT AGREEMENT
2345 North North Park Boulevard
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-
MILLS ACT AGREEMENT
2345 North North Park Boulevard
Santa Ana, r9 92706
Exhibit C (photographs attached)
-11-
2345 N. NORTH PARK BLVD.
PHOTO LOCATION MAP
NORTH PARK BLVD.
140.00
• 1 •
I I
I I
I I
1 1
1 � 1
• '170.00
GARAGE
I 1
1 1
I 1
1 1
I I
t t
1 t
1 t
NORTH
-12-
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010 -02 FOR THE
PROPERTY LOCATED AT 1809 NORTH
HELIOTROPE DRIVE
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 Clerk of the Council to execute the attached agreement with Lewis P.
Jankowsky Trust, property owners, for the structure located at 1809 North Heliotrope 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 Lewis P. Jankowsky Trust, property owners, for the structure located at
1809 North Heliotrope Drive, subject to non - substantive changes approved by the City Manager and
City Attorney at its April 1, 2010 meeting by a vote of 5:0 (Villasenor absent).
DISCUSSION
After the public hearing on April 1, 2010, 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. 2010 -02
May 3, 2010
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an
estimated $114.04 to $570.49 annually, for a period of not less than ten years.
Ja Trevino
Executive Director
Planning & Building Agency
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hs \historic info \mills act agreements\ 1809_N_Heliotrope \hppa10 -2.cc
APPROVED AS TO FUNDS AND ACCOUNTS:
'�NZLR4�\Z %, - � A --, 1� &-- " - -
Francisco Gutierrez fIA1
Executive Director
Finance & Management Services Agency
Exhibit: A. Historic Resources Commission Staff Report
y.. lqr
REQUEST FOR
Hot= Resources Commosion AclJon
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HgrOFaCRESOLRCESOOMMISSIONNEETINGDA7E
APRIL 1, 2010
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010-02 FOR THE PROPERTY
LOCATED AT 1809 NORTH HELIOTROPE DRIVE
Prepared by Hally Soboleske
i 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 and Clerk of the Council to execute
the attached agreement with Lewis P. Jankowsky Trust, property owners, for the structure located
at 1809 North Heliotrope Drive subject to non - substantive changes approved by the City Manager
and City Attorney.
DISCUSSION
Request of Applicant
The applicants, Lewis P. Janowsky Trust, request the approval of Historic Property Preservation
Agreement No. 2010 -02 (Mills Act) between the property owner and the City of Santa Ana.
Property Description
The subject property includes a Moderne /Art Moderne (Regency variant) styled residence and
garage located at 1809 North Heliotrope 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
25B -3
HPPA No. 2010 -02
April 1, 2010
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
Miller House and categorized as Contributive in October 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:
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.
C
Hally Sob eske Sergio
Associate Planner Princir
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hslhistoric infolmills act agreements11809 _N_He1i0tr0pelhppa10 -2.hrc
25B -4
HPPA- 2010 -02
1809 N. Heliotrope Drive
PLANNING AND BUILDING AGENCY
EXHIBIT 1
25B -6
EXECUTIVE SUMMARY
MILLER HOUSE
1809 North Heliotrope Drive
Santa Ana, CA 92706
NAME
Miller House
REF. NO.
ADDRESS 1809 North Heliotrope Drive
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: Moderne /Art Moderne
The Moderne style encompassed the Modernistic, Streamlined Moderne, and Art Moderne variants. An evolution of the
Art Deco style, the Streamlined Moderne flourished during the 1930s and lingered through the decade following World
War II in a simplified version. In contrast to the verticality of earlier Art Deco designs, the Streamlined Moderne
emphasized the horizontal, through bands of windows, use of decorative raised or incised horizontal lines, railings, flat
canopies with banded fascia, and narrow coping at the roofline. Other characteristics include smooth wall surfaces,
usually of stucco; metal detailing; glass block windows; rounded corners, porthole windows, and asymmetry.
Incorporation of aerodynamic, transportation related imagery, especially nautical, is a signature of the style. In common
with the Streamlined Moderne, Art Moderne buildings also tended to be horizontal in emphasis, but tended to be more
clean -lined and rectilinear in their massing and detailing than their streamlined counterparts. Art Moderne designs can be
recognized by their flat roofs, smooth stucco exteriors, and use of metal casement windows that often meet at the
corners of the building.
Colonial Revival (Regency Variant)
The most universal of ail 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.
Popular in the 1930s, the Regency Variant of the Colonial Revival style draws on English rather than American
precedents. The Regency Variant often displays a simplified entry and door surround, framed within a metal entry porch
with a canopy roof. Simpler in its ornamental program than the Colonial Revival, the Regency Variant also incorporates
features such as octagonal windows and metal balconettes formed of simple geometric patterns. (McAlester, 320 -326;
331 -332).
SUMMARY /CONCLUSION:
EXHIBIT 2
Page 1 of 6
25B -7
The Miller House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its
exemplification of the distinguishing characteristics of both the Moderne style (Art Moderne variant) and the Colonial
Revival style (Regency Variant). 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 Art Moderne variant
of the Moderne style and the Colonial Revival style (Regency Variant) 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.
Page 2 of 6
25B -8
State of Callfornia —The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Status Code
Other Listinge
Review Code Reviewer Dste
Page
or number (assigned by recorder)
P1. Other Identifier:
*P2. Location: ONot for Publication ■Unrestricted *a. County Orange County
*b. USGS 7.5' Quad TCA1725 Date:
*c. Address 9809 North Heliotrope Drive City Santa Ana Zip 92706
*e. Other Locational Data: Assessor's Parcel Number 002- 092 -13
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Sheathed in smooth stucco, this two -story residence combines elements of the Art Modeme variant of the Modeme style and
the Regency Variant of the Colonial Revival style. The residence is capped by a hipped roof with a low pitch (which makes
the hip nearly imperceptible from the sidewalk) and no overhanging eaves. An asymmetrical but balanced design
characterizes the residence, which is rectangular in plan. The design composition emphasizes the horizontal, with a band of
needed molding marking the division between the first and second stories. Resting on the molding, an iron bakonet forming
an abstract geometric pattern extends across the fagade. Centered above the bakonet, applied iron scroll work and a
tripartite stained-glass window with wood frames add decorative accent to the second story. Another horizontal accent is
provided by a string course that forms a continuous header for the second -story windows. Above, an identical cornice
terminates the roof line. Second story windows consist of a pair of six- oversix, wood-framed double -hung sashes and
French doors opening onto the bakonet. First -story fenestration follows this pattern, with six- over�six, wood- framed double -
hung sashes, two of which are located on the south half of the fagade, and four grouped on the square bay on the north
portion of the facade. Located in the central bay of the three-bay fagade, the principal entry consists of a wood paneled door,
elevated on two steps and recessed beneath the balconet Extending above the south elevation, an attached, stucco -clad
chimney rises above the roof line. Alterations include the addition of an attached garage, capped with a trellis, on the north
portion of the fagade, as well as a breakfast room on the south elevation. Otherwise highly intact, the residence is in
excellent repair and is enhanced through mature landscaping_
*123b. Resource Attributes: (list attributes and codes) HP2. Single - family Property
*P4. Resources Present: ■Building ❑Structure ❑ Obiect ❑Site ❑District OElement of District ❑Other
'1311. Report Citation: (Cite survey report and other sources, or enter "none')
None.
P5b. Photo: (view and date)
West elevation
January 2009
*P6. Date Constructed/Age and
Sources: ■historic
993&City of Santa Ana Building
Permits
W. Owner and Address:
Lewis Janowsky
9809 N. Heliotrope Drive
Santa Ana, CA 92706
*P8. Recorded by:
D.Howell Ardila
430 North Halstead Street
Pasadena, California 99907
*P9. Date Recorded:
February 2, 2009
*1310. Survey Type:
Intensive Surrey Update
*Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record
❑Archaeological Record ❑District Record OLinear Feature Record OMilling Station Record ORock Art Record
❑Artifact Record ❑Photograph Record ❑ Other (list)
DPR 523A (1195) Page 3 of 6 *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 #: Miller House
B1. Historic Name: Miller House
B2. Common Name: Same
B3. Original Use: Single - family Residence
B4. Present Use: Single - family Residence
*135. Architectural Style: Modeme (Art Modeme variant), Colonial Revival (Regency Variant)
*B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1935
November 19, 1935. Residence and garage constructed, $8,500.
March 26, 1946. Addition to residence by Nylin Hurd, $2,000.
July 3, 1963. Addition of breakfast room, 9 feet x 10 feet, $800.
August 8, 1963. Plastering.
October 18, 1988. Remodel kitchen and change -out windows and doors.
*B7. Moved? ■No OYes OUnknown Date: Original Location:
*B8. Related Features:
None.
B9a. Architect: Unknown
b. Builder: Unknown
*1310. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1895 -1965 Property Type: Single- family Residence Applicable Criteria: NR: C; CR: 3
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity)
The Miller House is architecturally significant for its transitional styling, combining aspects of the Modeme style (Art Modeme
variant) and the Colonial Revival (Regency Variant). According to the original building permit, dated November 19, 1935, the
residence and garage were constructed for Herbert L. Miller and his wife Doris by noted Floral Park developer Alison C. Honer
at a cost of $8,500. A native of Texas, Miller moved to Santa Ana by way of San Francisco in circa 1921. By 1936, he had
founded Herbert L. Miller, Incorporated, Orange County's distributor for Willard Batteries and Diamond Tires. Miller and his
wife, who by 1956 served as vice president of the company over which her husband presided, owned and occupied 1809
North Heliotrope Drive until at least 1965.
(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 Sketch Map
Sanbom Maps
(See Continuation Sheet 4 of 4.)
B13. Remarks:
*B14. Evaluator: Deborah Howell- Ardila
*Date of Evaluation: February 2, 2009
(This space reserved for official comments.)
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1809 N. Heliotrope Drive
002 - 091 -13
DPR 523B (1195) Page 4 of 6 *Required information
State of California —The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page 3 of 4 Resource Name or # (Assigned by recorder) Miller House
'Recorded by Deborah Howell- Ardila "Data February 2, 2009 ® 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 Miller 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 budderAfton 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 Registerr,
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 - slyled 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
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 We 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 Miller House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification
of the distinguishing characteristics of both the Modeme style (Art Modeme variant) and the Colonial Revival style (Regency
Variant). Typical features of the Art Modeme style illustrated by the house include its asymmetrical but balanced
composition, iron bak;onet with metal balustrade, arranged in a geometric pattem; decorative horizontal reeding uniting the
bays of the fagade; smooth stucco finish; pairs of windows grouped at building comers; and emphasis on the horizontal.
These features are combined with Colonial Revival (Regency Revival) elements, including the building massing, use of an
iron balconet forming abstract geometric pattem, wood - framed, double -hung sash windows; and iron scroll work.
Additionally, the house has been categorized as `Contributive" because if 'contributes to the overall character and history" of
Santa Ana, and, as an intact example of the combination of the Art Modeme variant of the Modeme style and the Colonial
Revival style (Regency Variant) in the Floral Park neighborhood, is a good example of period architecture." Character-
defining exterior features of the Miller House that should be preserved include, but may not be limited to, materials and
finishes (stucco and metal); roof configuration and detailing; original windows where extant; chimney, • and architectural details
such as horizontal banding and moldings; stained -glass windows and applied iron scrollwork; and the squared bay
projections.
DPR 523L Page 5 of 6
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) Miller House
'Recorded by Deborah Howell - Ardila 'Date February 2, 2009 ® Continuation 17 Update
B12. References (continued):
Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. How to Complete the National Register Registration Form. "Washington DC: National
Register Branch, National Park Service, US Dept of 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 Joumal. September 21, 1981.
"Builder of Honer Plaza Dies," Orange County Register. September 15, 1981.
History of Floral Park." htto./ Mrww.floral- paik.coaVDage2.html.
Noted Nursery Operator Dies," Santa Ana Register. August 28, 1957.
Santa Ana and Orange County Directories, 1937 -1978.
Page 6 of 6
DPR 523L
MILLS ACT AGREEMENT
1809 North Heliotrope Drive
Santa Ana, CA 92706
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M -30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE §6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ( "Agreement ") is made and entered into this May 3, 2010 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 Lewis P. Janowsky Trust, (hereinafter referred to as "Owner "), owner of real
property located at 1809 North Heliotrope Drive, Santa Ana, California, 92706 in the County of
Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into
contracts with 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 1809 North
Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in
Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter
referred to as the "Historic Property ".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. The City and the property Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultural and
historical resource for the Owner and for the community; to prevent inappropriate
alterations to the Historic Property and to ensure that repairs, additions, new
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
EXHIBIT 3
-1-
MILLS ACT AGREEMENT
1809 North Heliotrope Drive
Santa Ana, CA 92706
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on May 3, 2010, 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-
MILLS ACT AGREEMENT
1809 North Heliotrope Drive
Santa Ana, CA 92706
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character -
defining features, notably the general architectural form, style, materials, design, scale,
proportions, organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects. These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
C. A view corridor enabling the general public to see the Historic Property from the
public right -of -way shall be maintained, and Owner shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: Demolition of the Historic Property or destruction
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-
W-
MILLS ACT AGREEMENT
1809 North Heliotrope Drive
Santa Ana, CA 92706
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner 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 1 /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-
25B -16
MILLS ACT AGREEMENT
1809 North Heliotrope Drive
Santa Ana, CA 92706
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owner hereby subject the Historic Property, located at 1809 North
Heliotrope Drive, Assessor Parcel Number, 002 - 092 -13, 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 shal
respective parties as specified below or at other addresses that
parties hereto.
City: City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M -30)
Santa Ana, CA 92702
Owner: Lewis P. Janowsky Trust
Lewis P. Janowsky, Trustee
1809 North Heliotrope Drive
Santa Ana, CA 92706
-5-
25B -17
1 be sent to the address of the
may be later specified by the
MILLS ACT AGREEMENT
1809 North Heliotrope Drive
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner' 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-
25BA8
MILLS ACT AGREEMENT
1809 North Heliotrope Drive
Santa Ana, CA 92706
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. Notice of the Contract to Office of Historic Preservation.
No later than six (6) months of entering into the contract, the owner or agent of an owner
shall provide written notice of this Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded
instrument executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
Owner
Date:
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Joseph W. Fletcher
City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
in
I .�
Lewis P. Janowsky
MILLS ACT AGREEMENT
1809 North Heliotrope Drive
Santa Ana, CA 92706
Exhibit A
TR 748 LOT 14 (LOT 13 S1/2THEREOF)
Assessor's Parcel Number: 002 - 092 -13
-s-
W,
MILLS ACT AGREEMENT
1809 North Heliotrope Drive
Santa Ana, CA 92706
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its environment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should be avoided when
possible.
3. All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
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-
MILLS ACT AGREEMENT
1809 North Heliotrope Drive
Santa Ana, CA 92706
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
-10-
25B -22
MILLS ACT AGREEMENT
1809 Norte Heliotrope Drive
Santa Ana, CA 92706
Exhibit C (photographs attached)
-11-
1849 NORTH HELIOTROPE DRIVE
PHOTO LOCATION MAP
HELIOTROPE DRIVE
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-12-
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010 -03 FOR THE
PROPERTY LOCATED AT 1904 NORTH
HELIOTROPE DRIVE
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
✓ f%� FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the attached agreement with Clark
and Patricia Paddock, property owners, for the structure located at 1904 North Heliotrope 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 Clark and Patricia Paddock, property owners, for the structure located at
1904 North Heliotrope Drive, subject to non - substantive changes approved by the City Manager and
City Attorney at its April 1, 2010 meeting by a vote of 5:0 (Villasenor absent).
DISCUSSION
After the public hearing on April 1, 2010, 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. 2010 -03
May 3, 2010
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an
estimated $249.77 to $1248.75 annually, for a period of not less than ten years.
J y . Trevino
Executive Director
Planning & Building Agency
HS:rb
hs\historic info \mills act agreements \1904_N_Heliotrope \hppal0 -3.cc
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez W
Executive Director
Finance & Management Services Agency
Exhibit: A. Historic Resources Commission Staff Report
25C -2
REQUEST FOR
s
Histionc Resources Commission 1 •
FaMOLM112SCOMMIS"MEETM DATE
APRIL 1, 2010
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010 -03 FOR THE PROPERTY
LOCATED AT 1904 NORTH HELIOTROPE DRIVE
Prepared by Hally Soboleske
Executive Director
RECOMMENDED ACTION
APPROVED
❑ As Recommended
❑ As Amended
❑ Set Public Hearing For
CONTINUED TO
/?J . -
Planning Manager
Recommend that the City Council authorize the City Manager and Clerk of the Council to execute
the attached agreement with Clark and Patricia Paddock, property owners, for the structure located
at 1904 North Heliotrope Drive subject to non - substantive changes approved by the City Manager
and City Attorney.
DISCUSSION
Request of Applicant
The applicants, Clark and Patricia Paddock, request the approval of Historic Property Preservation
Agreement No. 2010 -03 (Mills Act) between the property owner and the City of Santa Ana.
Property Description
The subject property includes an Italian Renaissance styled residence and garage located at 1904
North Heliotrope 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
25C -3
HPPA No. 2010 -03
April 1, 2010
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
Elliott House and categorized as Landmark in February 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.
Hally Sobol ke
Associate F4anner
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Whistodc inio\mills act agreements11904_N Heliotrope\hppal0 -3.hrc
H P PA- 2010 -03
1904 North Heliotrope Drive
PLANNING AND BUILDING AGENCY
EXHIBIT 1
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PLANNING AND BUILDING AGENCY
EXHIBIT 1
25C -6
EXECUTIVE SUMMARY
ELLIOTT HOUSE
1904 North Heliotrope Drive
Santa Ana, CA 92706
NAME
Elliott House
REF. NO.
ADDRESS
1904 North Heliotrope Drive
CITY
Santa Ana
ZIP
92706
ORANGE COUNTY
YEAR BUILT
1931
LOCAL REGISTER CATEGORY: Landmark
HISTORIC DISTRICT
NIA
NEIGHBORHOOD
Floral Park
NATIONAL REGISTER CRITERIA FOR EVALUATION
I C
NATIONAL REGISTER STATUS CODE
3S
Location: ❑ Not for Publication ® Unrestricted
❑ Prehistoric ® Historic ❑ Both
ARCHITECTURAL STYLE: Italian Renaissance (Late Nineteenth and Twentieth Century Revivals)
The late nineteenth and twentieth century revival of the Italian Renaissance style, also known as the Italian Renaissance Revival, was
popular from the late nineteenth century until the 1930s. It was inspired by the designs of the palazzi of northern Italy and
popularized by American architects McKim, Mead, and White. Utilized on public buildings and commercial buildings, the
vocabulary of the style also influenced the appearance of ornate homes. Characteristic features associated with the residential usage
of the style generally include masonry or stucco exteriors; hipped tile roofs; pilasters, columns, quoins, and other classical details; and
a balanced, often symmetrical appearance. Lower stories are generally emphasized through their proportions and fenestration.
Arches are incorporated into the majority of the designs, often referring to Palladian precedents.
SUMMARY /CONCLUSION:
The Elliott House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its exemplification o €the
distinguishing characteristics of the Italian Renaissance (Late Nineteenth and Twentieth Century Revivals) style. The house also
contributes to the historic character of Floral Park through its age, style, scale, and historic association with a member of the local
professional community. Additionally, the house has been categorized as `Landmark" for its unique architectural significance as an
intact and graceful interpretation of the Italian Renaissance (Late Nineteenth and Twentieth Century Revivals) style. (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
page 1 of 4
Stato of Califomis -- The Resources AS" Primary #
DEPARTMENT OF PARRS AND RECREATION HRI d
PRIMARY RECORD Trinomial
NRHP Status Code
OtherlJstlngs
Review Code Reviewer Daio
Page 1 of 3 Resource name(s) or number (assigned by recorder) Elliott House
P1. Other identifier:
*P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County
*b. USGS 7.5' Quad TCA 0054 Date:
*c. Address 1904 North Heliotrope Drive City Santa Ana Zip 92706
*e. Other Location! Data: Assessor's Parcel Number 002-093 -05; TR 748 LOT 36, SEC 1 T 5 R 10 LOT 53 X
155 FT.
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Located on a double lot at the northwest comer of Heliotrope Drive and Nineteenth Street, this is a generously scaled home
in the Italian Renaissance Revival style. The "T° shaped building consists of a larger, two -story rear (west) wing and a
smaller, one -story front wing, both of which are covered with stucco and topped by hipped file roofs. Oriented towards
Heliotrope Drive, the fagade is nearly symmetrical in composition. The predominant motif of the design of the house is the
arch, used for openings on all three sides of the one -story wing for a recessed, three -bay, arcaded entry porch at the
southeast comer of the two -story wing, for a second arcade at the northeast comer, and for lower story windows on the south
elevation. Detailing includes cast stone impost moldings and column capitals. The windows are primarily paired, multi -paned
casements and French doors. The monumental round - headed openings on the one -story wing feature munffns arranged in a
radiating pattern. iron- railed balconies are centered on the south elevation upper story and recessed above the northeast
arcade. Columns provide support for the arcades and divide the balconies into bays. A balconet is centered above the entry
(See Continuation Sheet 3 of 3.)
*133b. Resource Attributes: (list attributes and codes) HP2. Single -famity Property
*P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other
P5a. Photo
P5b. Photo: (view and date)
South and east elevations
December 2002
*P6. Date Constructed /Age and
Sources: ■historic
1931 1Source: Building Permit
*P7. Owner and Address:
Clark S. & Patricia L. Paddock
1904 North Heliotrope Drive
Santa Ana, CA 92706
*P8. Recorded by:
Leslie J. Neumann
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:
January 2, 2003
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter "crone')
None.
*Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet NBuilding, Structure, and Object Record
❑Archaeological Record ❑District Record ❑Linear Feature Record [Willing Station Record ❑Rock Art Record
❑Artifact Record ❑Photograph Record ❑ Other (list)
DPR 523A (1195)
Page 2 of 4
*Required Information
State of California —The Resources Agency Primary 0
DEPARTMENT OF PARKS AND RECREATION HRIN
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 3 'NRHP Status Code 3S
'Resource Name or 0: Elliott House
B1. Historic Name: Elliott House
B2. Common Name: Same
B3. Original Use: Single- family Residence B4. Present Use: Single - family residence
"135. Architectural Style: Italian Renaissance (Late Nineteenth and Twentieth Century Revivals)
*B6. Construction History: (Construction date, alterations, and date of arterations): Constructed in 1931.
September 2, 1931. Residence and garage.
August 17, 1944. Addition to residence, 15 x 22.
April 15, 1957. Swimming pool.
January 30, 2001. Reroof, reusing existing tile.
February 28, 2001. Remodel kitchen.
'B7. Moved? ■No [Wes OUnknown Date: Original Location:
"1218. Related Features:
Garage, palm trees, concrete paths.
B9a. Architect: Unknown b. Builder: Ball and Honer
"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 Elliott House is architecturally significant as a characteristic example of the comfortably sized and fashionably detailed
revival styled homes that were built in Floral Park during the 1920s and 1930s. This Italian Renaissance styled home was built
for Dr. Arthur C. Elliott by developers Ball and Honer, using in -house designers. The 1931 cost of construction for the ten -
room house was $20,000, a significant sum at the time. The Elliotts retained possession of the property until at least 1975,
although the initial resident of the house, according to the 1933 city directory, was Mrs. Marie Turley (no occupation given).
Dr. Elliott maintained an office in Anaheim in the late 1930s and early 1940s, he apparently moved into this house in the mid
1940s.
(See Continuation Sheet 3 of 3.)
811. Additional Resource Attributes: (List attributes and codes)
"B12. 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:
'B14. Evaluator: Leslie J. Heumann
(This space reserved for official comments.)
'Date of Evaluation: January 2, 2003
Sketch Map Elliott House
1904 North Heliotrope Drive
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DPR 523B (1195) Page 3 of 4 R
' squired 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) Elliott House
'Recorded by Leslie J. Heumann 'Date January 2, 2003 M Continuation 13 Update
•123a. Description (continued):
arcade. A classical balustrade, punctuated by um- topped pedestals, defines a terrace that wraps both street elevations.
Curved concrete paths, scored to resemble flagstones, lead from both streets to the terrace. Palm trees stud the front lawn.
in the rear, a one -story guest wing that may be an addition is attached to a hipped roof garage. No other alterations were
noted to this highly intact and well- maintained residence.
'B10. Significance (continued):
The Elliott House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth
Street North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered
ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the
subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922
(Talbert, pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month,
he began building custom homes in Santa Ana"( 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 U, 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 Elliott House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its exemplification
of the distinguishing characteristics of the Italian Renaissance (Late Nineteenth and Twentieth Century Revivals) style.
Notable in this regard are the symmetrical massing, hipped roof configuration, lower story emphasis through greater height
the use of stucco and tile, the incorporation of arches, and the classical detailing of columns and impost moldings. The
house also contributes to the historic character of Floral Park through its age, style, scale, and historic association with a
member of the local professional community. Additionally, the house has been categorized as °Landmark" for its unique
architectural significance as an intact and graceful interpretation of the Italian Renaissance (Late Nineteenth and Twentieth
Century Revivals) style. All original exterior features of the Elliott House are considered character - defining and should be
preserved, including, but not limited to: materials and finishes, roof configuration, materials, and detailing; massing, windows
and doors; terrace, balconies and arcades; chimney; architectural details such as arches, columns, capitals, impost moldings,
wing wall, garage; and original landscape features such as the palm trees and concrete paths.
'612. References (continued):
Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana, An Illustrated His 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.
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.lAvww.floral park.com/page2.html
Talbert, Thomas (editor -in- chief). Historical Volume and Reference Works Including Biological Sketches of Leadina Citizens.
Volume/. Whittier, Historical Publishers, 1963.
Santa Ana City Directory, 1932, 1933, 1939, 1941, 1947.
DPR 523L
Page 4 of 4
25C -10
MILLS ACT AGREEMENT
1904 North Heliotrope Drive
Santa Ana, CA 92706
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M -30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE §6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ( "Agreement ") is made and entered into this May 3, 2010 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 Clark and Patricia Paddock, (hereinafter referred to as "Owner "), owner of real
property located at 1904 North Heliotrope Drive, Santa Ana, California, 92706 in the County of
Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into
contracts with 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 1904 North
Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in
Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter
referred to as the "Historic Property".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. The City and the property Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultural and
historical resource for the Owner and for the community; to prevent inappropriate
alterations to the Historic Property and to ensure that repairs, additions, new
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
EXHIBIT 3
-1-
25C -11
MILLS ACT AGREEMENT
1904 North Heliotrope Drive
Santa Ana, CA 92706
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on May 3, 2010, 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
1904 North Heliotrope Drive
Santa Ana, CA 92706
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character -
defining features, notably the general architectural form, style, materials, design, scale,
proportions, organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects. These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
C. A view corridor enabling the general public to see the Historic Property from the
public right -of -way shall be maintained, and Owner shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: Demolition of the Historic Property or destruction
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
1904 North Heliotrope Drive
Santa Ana, CA 92706
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner 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 %) 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
1904 North Heliotrope Drive
Santa Ana, CA 92706
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owner hereby subject the Historic Property, located at 1904 North
Heliotrope Drive, Assessor Parcel Number, 002 - 093 -05, 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: Clark and Patricia Paddock
1904 North Heliotrope Drive
Santa Ana, CA 92706
-5-
25C -15
MILLS ACT AGREEMENT
1904 North Heliotrope Drive
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner' 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
1904 North Heliotrope Drive
Santa Ana, CA 92706
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. Notice of the Contract to Office of Historic Preservation.
No later than six (6) months of entering into the contract, the owner or agent of an owner
shall provide written notice of this Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded
instrument executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
DAVID N. REAM
City Manager
Owner
Date: By:
Date: By:
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Joseph W. Fletcher
City Attorney
-7-
25C-17
Clark Paddock
Patricia Paddock
MILLS ACT AGREEMENT
1904 North Heliotrope Drive
Santa Ana, CA 92706
Exhibit A
TR 748 LOT 36 AND SEC 1 T5 R 10 LOT 53 X 155 FT
Assessor's Parcel Number: 002 - 093 -05
-8-
25C -18
MILLS ACT AGREEMENT
1904 North Heliotrope Drive
Santa Ana, CA 92706
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
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.
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-
MILLS ACT AGREEMENT
1904 North Heliotrope Drive
Santa Ana, CA 92706
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
milli
MILLS ACT AGREEMENT
1904 North Heliotrope Drive
Santa Ana, CA 91706
Exhibit C (photographs attached)
MILLS ACT AGREEMENT
1904 North Heliotrope Drive
Santa Ana, CA 92706
-12-
1904 NORTH HELIOTROPE DRIVE
PHOTO LOCATION MAP
HELIOTROPE DRIVE
50.00
• 1 •
1 I
I9
1 IT
•H
I I
HOUSE
I i
• 125.00 •
I 1
I 1
l0 1
1 1
o o
I
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GARAG 1
■
■
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NORTH
-13-
25C -24
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010 -04 FOR THE
PROPERTY LOCATED AT 2323 NORTH
BONNIE BRAE
1 �
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 Clerk of the Council to execute the attached agreement with Jorge
and Miriam Galindo, property owners, for the structure located at 2323 North Bonnie Brae, 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 Jorge and Miriam Galindo, property owners, for the structure located at
2323 North Bonnie Brae, subject to non - substantive changes approved by the City Manager and City
Attorney at its April 1, 2010 meeting by a vote of 5:0 (Villasenor absent).
DISCUSSION
After the public hearing on April 1, 2010, 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. 2010 -04
May 3, 2010
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an
estimated $52.35 to $261.80 annually, for a period of not less than ten years.
Ja M. Trevino
Executive Director
Planning & Building Agency
HS:rb
hs\historic info \mills act agreements \2323_ N_BonnieBrae \hppa10 -4.cc
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez fill
Executive Director
Finance & Management Services Agency
Exhibit: A. Historic Resources Commission Staff Report
25D -2
REQUEST FOR
APRIL 1, 2010
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010 -04 FOR THE PROPERTY
LOCATED AT 2323 NORTH BONNIE BRAE
Prepared by Hally Soboleske
• 3. • • ra, r• T_A r
APPROVED
❑ As Recommended
❑ As Amended
❑ Set Public Hearing For
CONTINUED TO
Z?kc.
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 Jorge and Miriam Galindo, property owners, for the structure located .
at 2323 North Bonnie Brae subject to non - substantive changes approved by the City Manager and
City Attorney.
DISCUSSION
Request of Applicant
The applicants, Jorge and Miriam Galindo, request the approval of Historic Property Preservation
Agreement No. 2010 -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
2323 North Bonnie Brae 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
2501-3
HPPA No. 2010 -04
April 1, 2010
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
Liggett House and categorized as Contributive in October 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
from further review under General Rule Section
action is exempt from further review.
Hally Sob ske
Associate 'Planner
HS:jm
Whistoric infMmills act agreementst 2323_tJ_BonnieBraelhppal0 -4,hrc
Quality Act, the recommended action is exempt
15061(b)(3), and therefore, the recommended
25D -4
HPPA- 2010 -04
2323 North Bonnie Brae
PLANNING AND BUILDING AGENCY
EXHIBIT 1
Isin
�1
HPPA- 2010 -04
2323 North Bonnie Brae
PLANNING AND BUILDING AGENCY
EXHIBIT 1
o
EXECUTIVE SUMMARY
LIGGETT HOUSE
2323 North Bonnie Brae
Santa Ana, CA 92706
NAME
Liggett House
REF. NO.
ADDRESS
2323 North Bonnie Brae
CITY
Santa Ana
ZIP
92706
ORANGE COUNTY
YEAR BUILT
1923
LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT
N/A
NEIGHBORHOOD
Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION
3
CALIFORNIA REGISTER STATUS CODE
2D2
Location: ❑ Not for Publication ® Unrestricted
❑ Prehistoric ® Historic ❑ Both
ARCHITECTURAL STYLE: Spanish Colonial Revival
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.
SUMMARY /CONCLUSION:
As a contributor to the North Broadway Park district, which has been determined eligible for designation to the Santa Ana
Register of Historical Properties, the Liggett House has been listed in the California Register of Historical Resources. The
Liggett 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 Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance
Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.)
3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or
represents the work of a master, or possesses high artistic values.
• California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.)
2D2: Contributor to a district determined eligible for the National Register by consensus through Section
106 process. Listed in the California Register.
EXHIBIT 2
Page 1 of 5
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Statue Code
Other Ustings
Review Code Reviewer Date
Page 1 of 4 Resource name(s) or number (assigned by recorder) Lkmtt House
P1. Other Identifier:
*P2. Location: ❑Not for Publication oUnrestricted *a. County Orange County
*b. USGS 7.5' Quad TCA1725 Date:
*c. Address 2323 N. Bonnie Brae City Santa Ana Zip 92706
*e. Other Locational Data: Assessor's Parcel Number 002 - 122 -15
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Clad in smooth, hand - troweled stucco, this Spanish Collonial Revival styled home is topped with a Rat roof, of which, half of
the first floor roof doubles as a second floor patio. The front door is heavy wood with a small peep window coveted by a
metal gripe, and complemented with sidelights. Each sidelight, as weft as the door opening is marked with an inset arch on
top, and three terracotta pipes piercing the area directly above the front door. The front porch entry is sheathed with
terracotfa 12'Sr 12" tile, with three steps leading to the front landing. These steps are detailed with glazed Spanish file in a
bright blue, terracotta and white pattem. These same tiles adom the capitals of two 36" tall pilasters that stand sentry to the
front walkway. These tiles also cover the exterior staircase leading to the second floor deck that is present just to the left of
the front door landing. An arched opening highlights both the top and bottom of this exterior staircase, and a "mission bell"
hangs from the middle of the top arch. The front entry is flanked by two casement windows with three panes on each section.
Another matching casement window is present on the left bay of the front facing gabled elevation. This latter window is
ornamented with a wrought iron balconet. The roof of this gable is capped with clay barrel tile, as is the parapet of the first
floor elevation above the front door. The second floor also has a flat roof, and is set back from the first floor fagade by
approximately 10 feet. As noted, this area is used as a patio area. Fenestration pattern on the second Boor is asymmetrical
with a set of French doors with a shed roof topped with barrel tiles, a small single hung wood window just to the left of the set
of doors, and one other single hung wood window all the way to the left of the front left upper story. Although the second story
was added in 1978, it adds to the architectural merit, and has achieved historic significance of its own time. The house is
highly intact.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property
*P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other
P5a. Photo
P51b. Photo: (view and date)
West elevation
August 2009
*P6. Date ConstructedlAge and
Sources: Shistoric
192310ty of Santa Ana Building
Permits
*P7. Owner and Address:
Miriam and Jorge Galindo
2323 N. Bonnie Bree
Santa Ana, CA 92706
*P8. Recorded by:
Hally Soboleske
20 Civic Center Plaza
Santa Ana, CA 92702
*P9. Date Recorded:
August 18, 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 [Willing Station Record ❑Rock Art Record
❑Artifact Record ❑Photograph Record ❑ Other (list)
DPR 623A (1196) Page 2 of 5
`Required information
State of California —The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 4 *CHR Status Code 2D2
*Resource Name or #: Liggett House
B1. Historic Name: Liggett House
B2. Common Name: Same
B3. Original Use: Single - family Residence B4. Present Use: Single - family Residence
*B5. Architectural Style: Spanish Colonial Revival
*B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1,923
December, 1923. Residence and garage constructed for $6,500.
May 17, 1945. 1 fixture by United Plumbing Co.
December 8, 1966. Remodel kitchen for J. Moulsatson
December 15, 1966. 16 outs, 2 fixtures, Garbage disposal meter.
December 19, 1966. 1 fixture by A. Plumbing.
January 12, 1978. 20Q story addition for G. Auger by Ray Hicks. ($13, 700).
February 2, 1978. Plumbing, 5 fixtures, 1 w/h, 1 alterations repair.
March 20, 1978. 416sf residential for G. Auger by Ray Hicks.
June 27, 1978. Electrical, 1 meter for J. Auger by Ray Hicks.
August 21, 1979. Statement of Fad letter, Paid $15 by Mary Cayo.
March 22, 1988. Patio cover, 304sf.
*B7. Moved? ■No OYes ❑Unknown Date: Original Location:
*B8. Related Features:
None.
B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1895 -1965 Property Type: Single - family Residence Applicable Criteria: NR. • C,• CR 2D2
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity)
The Liggett House is architecturally significant as an intact example of an Spanish Colonial Revival -style building in Floral Park.
According to the original building permit, dated December of 1923, the residence and garage were constructed for Delbert E. and
Ruby Liggett for a cost of $6,500. Mr. Liggett was the ownerlmanager of Liggett Lumber Company which operated on Fruit Street
Liggett Lumber opened in 1925 and continued to operate into the late 1940's. in 1935, directories listed their daughter, Florence
Liggett, as living with them and showed an occupation of student By 1941, it appears that Florence had moved from the residence.
1945 brought phone service to the Liggett Home, but by 1947, the Liggett's moved to 1522 N. Sycamore and Mr. Liggett's
occupation was shown as reallor. The home on Bonnie Brae was rented and occupants were listed as `transient". in 1952, Harry
and Merrill Dysart moved into the house, with Mr. Dysart's occupation being a piano tuner with an office on Main Street. The house
then changed several times unfit 1962 when Weldon and Jane Warick moved into the home. Mr. Warick was an accountant.
(See Continuation Sheet 3 of 4.)
B11. Additional Resource Attributes: (List attributes and codes)
Sketch Map
002- 122 -15
*812. References:
"
2323 North Bonnie Brae
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanbom Maps
°
Hams, Cyril M. American Architecture: An Illustrated
Encvclonedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana, An Illustrated History. Encinitas,
Heritage Publishing, 1994.
O
(See Continuation Sheet 3 of 4.)
Q
B13. Remarks:
O
O
*844. Evaluator: Hally Sobolaske
t
*Date of Evaluation: August 12, 2009
s
O
Page 3 of 5
State of California —The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRi #
CONTINUATION SHEET Trinomial
Page 3 of 4
*Recorded by Hally Soboleske
DPR 523B (1195)
*B10. Significance (continued):
Resource Name or # (Assigned by recorder) Liggett House
*Date August 18, 2009 ® 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 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 dty 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 Liggett 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" ( Orenge County Resister. 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
Resister. 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 Word War /l, 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 Il years, Floral Park continued its development as
numerous smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style.
In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains
its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The Liggett House lies in the northern section of Floral Park historically known as North Broadway Park. Bounded by
Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923,
has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found
that "North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth
century. The vernacular adaptations of period revival styles, curvilinear street 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."' Under the regulations implementing the California Register of Historical
Resources, the Liggett House, has been listed in the California Register.
The Liggett House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its
exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Typical features illustrated by the
house include its asymmetrical composition; stucco cladding with flat roof and terracotta barrel file roofing material.
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 transitional period in the mid to late 1930s in the Floral Park neighborhood, "is a
good example of period architecture. " Character - defining exterior features of the Liggett House that should be preserved
include, but may not be limited to, materials and
finishes (stucco and wood); roof configuration and
detailing, original windows and doors where extant,
exterior staircase; architectural details such as
balconets.
1 Determination of Eligibility, February 25, 1980.
DPR 523L Page 4 of 5
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page 4 of 4 Resource Name or # (Assigned by recorder) Liggett House
*Recorded by Hally Soboleske *Date August 18, 2009 ® Continuation 0 Update
B12. References (continued):
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National
Register Branch, National Park Service, US Dept of the Interior, 1991.
Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995.
Santa Ana and Orange County Directories, 1932 -1954.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Alison Honer Dies at 84," The Santa Ana Joumal. September 21, 1981.
Builder of Honer Plaza Dies," Orange County Register, September 15, 1981.
History of Floral Park." http:/Avww .floral- oarir.coaVDage2.htrn
DPR 523L Page 5 of 5
25D -12
MILLS ACT AGREEMENT
2323 North Bonnie Brae
Santa Ana, CA 92706
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M -30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE §6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ( "Agreement ") is made and entered into this May 3, 2010 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 Jorge and Miriam Galindo, (hereinafter referred to as "Owner "), owner of real
property located at 2323 North Bonnie Brae, Santa Ana, California, 92706 in the County of
Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into
contracts with 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 2323 North
Bonnie Brae, Santa Ana, CA, 92706 and more particularly described in Exhibit
"A," attached hereto and incorporated herein by reference, and hereinafter
referred to as the "Historic Property ".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. The City and the property Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultural and
historical resource for the Owner and for the community; to prevent inappropriate
alterations to the Historic Property and to ensure that repairs, additions, new
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
EXHIBIT 3
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MILLS ACT AGREEMENT
2323 North Bonnie Brae
Santa Ana, CA 92706
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on May 3, 2010, 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-
915
MILLS ACT AGREEMENT
2323 North Bonnie Brae
Santa Ana, CA 92706
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character -
defining features, notably the general architectural form, style, materials, design, scale,
proportions, organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects. These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
C. A view corridor enabling the general public to see the Historic Property from the
public right -of -way shall be maintained, and Owner shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: Demolition of the Historic Property or destruction
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.
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MILLS ACT AGREEMENT
2323 North Bonnie Brae
Santa Ana, CA 92706
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner 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-
MILLS ACT AGREEMENT
2323 North Bonnie Brae
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 2323 North Bonnie
Brae, Assessor Parcel Number, 002 - 122 -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: Jorge and Miriam Galindo
2323 North Bonnie Brae
Santa Ana, CA 92706
Isle
MILLS ACT AGREEMENT
2323 North Bonnie Brae
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner' 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-
W 9 -9 Feee
MILLS ACT AGREEMENT
2323 North Bonnie Brae
Santa Ana, CA 92706
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. Notice of the Contract to Office of Historic Preservation.
No later than six (6) months of entering into the contract, the owner or agent of an owner
shall provide written notice of this Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded
instrument executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
Owner
Date:
Date:
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Joseph W. Fletcher
City Attorney
-7-
CITY OF SANTA ANA
DAVID N. REAM
City Manager
By:
Jorge Galindo
By:
Miriam Galindo
MILLS ACT AGREEMENT
2323 North Bonnie Brae
Santa Ana, CA 92706
Exhibit A
LOT 227 OF TRACT NO. 425, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGES 33 -34
MISCELLANEOUS OF MAPS, IN THE OFFICE OF THE COUNTRY RECORDER OF
SAID COUNTY.
Assessor's Parcel Number: 002- 122 -15
-8-
MILLS ACT AGREEMENT
2323 North Bonnie Brae
Santa Ana, CA 92706
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its environment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should be avoided when
possible.
All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from the other buildings or
structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
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 -21
MILLS ACT AGREEMENT
2323 North Bonnie Brae
Santa Ana, CA 92706
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
MILLS ACT AGREEMENT
2323 North Bonnie Brae
Santa Ana, CA 92706
Exhibit C (photographs attached)
MILLS ACT AGREEMENT
2323 North Bonnie Brae
Santa Ana, CA 92706
-12-
2323 NORTH BONNIE BRAE
PHOTO LOCATION MAP
BONNIE BRAE
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1 1
1 1
1 1
,
1 0 1
1 1
125.00 •
1 1
I 1
1 1
2 0 1
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NORTH
-13-
25D -26
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010 -06 FOR THE
PROPERTY LOCATED AT 2134 NORTH
ROSS STREET
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 st 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 Tristen
and Joanne Beamon, property owners, for the structure located at 2134 North Ross 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 Tristen and Joanne Beamon, property owners, for the structure located
at 2134 North Ross Street, subject to non - substantive changes approved by the City Manager and
City Attorney at its April 1, 2010 meeting by a vote of 4:0 (O'Callaghan abstained, Villasenor absent).
DISCUSSION
After the public hearing on April 1, 2010, 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. 2010 -06
May 3, 2010
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an
estimated $126.01 to $629.94 annually, for a period of not less than ten years.
Q),Kk
Ja . Trevino
Executive Director
Planning & Building Agency
HS:rb
hs \historic info \mills act agreements 12134_N_Rosslhppal0 -6.cc
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez FUJ
Executive Director
Finance & Management Services Agency
Exhibit: A. Historic Resources Commission Staff Report
25E -2
REQUEST-FOR
Hiistow Resources
i
APRIL 1, 2010
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010 -06 FOR THE PROPERTY
LOCATED AT 2134 NORTH ROSS STREET
Prepared by Hally Soboleske
APPROVED
❑ As Recommended
❑ As Amended
❑ Set Public Hearing For
CONTINUED TO
ZV. rw
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 Tristen and Joanne Beamon, property owners, for the structure
located at 2134 North Ross Street subject to non - substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
Request of Applicant
The applicants, Tristen and Joanne Beamon, request the approval of Historic Property
Preservation Agreement No. 2010 -06 (Mills Act) between the property owner and the City of Santa
Ana.
Property Description
The subject property includes a Tudor Revival styled residence and garage located at 2134 North
Ross 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
HPPA No. 2010 -06
April 1, 2010
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
Conklin House and categorized as Contributive in April 2010 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:
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
from further review under General Rule Section
action is exempt from further review.
Hally So leske
Associate Planner
HS: jm
Whistodc infolmills act agreementst2134 _N_Ross\hppal0 -6.hrc
Quality Act, the recommended action is exempt
15061(b)(3), and therefore, the recommended
HE 1 -4
H PPA- 2010 -06
2134 North Ross Street
PLANNING AND BUILDING AGENCY
EXHIBIT 1
EXECUTIVE SUMMARY
CONKLIN HOUSE
2134 North Ross Street
Santa Ana, CA 92706
NAME
Conklin House
REF. NO.
ADDRESS
2134 North Ross Street
CITY
Santa Ana
ZIP
92706
ORANGE COUNTY
YEAR BUILT
1931
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: Tudor Revival
The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched
gables; decorative half - timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of
building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more
ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite
common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings,
although small scale commercial buildings in the style also occur. Born in the late 19th century, the Tudor Revival was
associated with some Craftsman era building but was most popular during the 1920s and 1930s.
SUMMARY /CONCLUSION:
The Conklin House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its
exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been
categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact
example of the combination of the Tudor 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
State of Calftirnia —The Resources Agency Primary
DEPARTMENT OF PARKS AND RECREATIM HRI ti
PRIMARY RECORD Trinomial
NRii� Status Code
Ottwr Listlirlgs
Review Coda Reviewer Date
Page 1 of
or number (assigned by recorder) Conklin House
P1. Other Identifier:
*P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County
*b. USGS 7.5' Quad TCA1725 Date:
*c. Address 2134 North Ross Street City Santa Ana Zip 92706
*e. Other Locational Data: Assessor's Parcel Number 002 - 112 -13
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Clad in smooth finish stucco, and a crass gabled high pitched roof clad in asphalt shingles, this one and a half story Tudor
Revival structure has an arched main entry trimmed with terra cotta tiles and keystone. The front elevation is asymmetrical in
design. Narrow eaves with slim exposed faux rafter tails mark the ends of the rooftine. The structure has a single front facing
gable pierced with a an elongated rectangular attic vent. All window openings on the front facing elevation are trammed with
terracotta tiie and small keystone matching that of the front entry. The front facing picture window is tripartite in design with a
fixed center and three light casement windows flanking each side. Two other front facing windows ans paired three light
casements. The front porch is composed of concrete flooring and bu#nosed used brick tdm, which is not original but is
compatible with the design. A meandering used brick path complements the front yard landscape. The residence appears
highly intact, and in excellent condition.
*153b. 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
January 2010
*P6. Date ConstructedlAge and
Sources: shistoric
1931/City of Santa Ana Building
Permits
*P7. Owner and Address:
Tristan and Joanne Beamon
2134 North Ross Street
Santa Ana, CA 92706
*P8. Recorded by:
Halty Soboleske
20 Civic Center Plaza
Santa Ana, CA 92702
*P9. Date Recorded:
March 10, 2010
*P10. Survey Type:
Intensive Survey Update
*Attachments: ONone ❑Location Map OSketch 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 (I W)
Page 2 of 5
*Required information
State of California —The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 4 *CHR Status Code 5S1
*Resource Name or #: Conklin House
B1. Historic Name Conklin House
B2. Common Name: Same
B3. Original Use: Single- family Residence
*135. Architectural Style: Tudor Revival
B4. Present Use: Single- family Residence
*B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1931
January 14, 1931. Residence and garage for Roy Russell, valuation $5, 000.
February 7, 1944. One fixture by Pacific Plumbing.
March 22, 1971. Electrical –two motors and meter by Able Electrical.
March 22, 1971. Gas pipe and air handler by City Heating.
*B7. Moved? ■No OYes OUnknown Date; Original Location:
*B8. Related Features:
None.
B9a. Architect: Unknown
b. Builder: Roy Russell
*121110. 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 Conklin House is architecturally significant as a TudorRevival style. /t was built by Roy Russell, a prolific and notable local
contractor, as a speculative venture. The first occupants were Irwin and Gertrude Clyde, but they only remained in the home
until 1934 when William and Lottie Mae White took up residence in 1934. William was the Orange County Court Reporter.
They lived in the house until 1937 when they moved to a home on Bonnie Brae.. That year, William and Lucy Conker
purchased the home. They were ranchers by trade, but retired to this home. in 1947, Mr. Conklin died, and Lucy continued to
live in the house until at least 1956. After that time, the house was sold several times until the current owners, the Beamons,
purchased the home in 2003.
(See Continuation Sheet 3 of 4.)
B11. Additional Resource Attributes: (List attributes and codes)
*121112. 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:
*B14. Evaluator: Hally Soboleske
*Date of Evaluation: March 10, 2010
(This space reserved for official comments.)
DPR 5238 (1195)
Page 3 of 5
S0210,
4 North Ross St.
- 112 -13
_
s
• O
O
• O
O
*Required information
State of California —The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page 3 of 4 Resource Name or # (Assigned by recorder) Conklin House
- Kecordea Dy rrany ,�i000iesue *Date March 10, 2010 IM 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 cone 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 Conklin 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
Registerr, 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 1,960 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 budder, Roy Roscoe Russell (1881 - 1965), continued developing the groves of Floral
Park. An earty 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 Russells 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 Conklin House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its
exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized
as "Contributive" because it contributes to the overall character and history" of Santa Ana, and, as an intact example of the
Tudor Revival style in the Floral Park neighborhood, "is a good example of period architecture", as well as its association
with the Orange County Court Reporter, William White. Character-defining exterior features of the Conklin House that should
be preserved include, but may not be limited to, exterior materials and; roof configuration and detailing; original window
configuration where extant,' and architectural details such as wood tripartite and casement windows, steep pitched front
facing gable, and front porch entry configuration.
Page 4 of 5
DPR 523L
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) Conklin House
1%0:vrvea oy many O000iesxe -Date March 10, 2010 M 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 Paris 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 Jouma/ September 21, 1981.
Builder of Honer Plaza Dies," Orange County Registerr, September 15, 1981.
History of Floral Park." htto. /Avww .floral- park.com/oage2.html.
Noted Nursery Operator Dies," Santa Ana Register, August 28, 1957.
Santa Ana and Orange County Directories, 1937 -1978.
Page 5 of 5
DPR 523L
MILLS ACT AGREEMENT
2134 North Ross Street
Santa Ana, CA 92706
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M -30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE §6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ( "Agreement ") is made and entered into this May 3, 2010 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 Tristen and Joanne Beamon, (hereinafter referred to as "Owner "), owner of real
property located at 2134 North Ross Street, Santa Ana, California, 92706 in the County of
Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into
contracts with 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 2134 North Ross
Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A,"
attached hereto and incorporated herein by reference, and hereinafter referred to
as the "Historic Property ".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. The City and the property Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultural and
historical resource for the Owner and for the community; to prevent inappropriate
alterations to the Historic Property and to ensure that repairs, additions, new
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
EXHIBIT 3
-1-
MILLS ACT AGREEMENT
2134 North Ross Street
Santa Ana, CA 92706
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and continence on May 3, 2010, 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 -12
MILLS ACT AGREEMENT
2134 North Ross Street
Santa Ana, CA 92706
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character -
defining features, notably the general architectural form, style, materials, design, scale,
proportions, organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects. These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
C. A view corridor enabling the general public to see the Historic Property from the
public right -of -way shall be maintained, and Owner shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: Demolition of the Historic Property or destruction
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 -13
MILLS ACT AGREEMENT
2134 North Ross Street
Santa Ana, CA 92706
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner 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 %s) 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 -14
MILLS ACT AGREEMENT
2134 North Ross Street
Santa Ana, CA 92706
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owner hereby subject the Historic Property, located at 2134 North Ross
Street, Assessor Parcel Number, 002 - 112 -13, 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: Tristen and Joanne Beamon
2134 North Ross Street
Santa Ana, CA 92706
-5-
MILLS ACT AGREEMENT
2134 North Ross Street
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner' 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.
IVE
MILLS ACT AGREEMENT
2134 North Ross Street
Santa Ana, CA 92706
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. Notice of the Contract to Office of Historic Preservation.
No later than six (6) months of entering into the contract, the owner or agent of an owner
shall provide written notice of this Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded
instrument executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
Owner
Date:
Date:
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Joseph W. Fletcher
City Attorney
DAVID N. REAM
City Manager
Los
-7-
25E -17
Tristen Beamon
Joanne Beamon
MILLS ACT AGREEMENT
2134 North Ross Street
Santa Ana, CA 92706
Exhibit A
N TR 946 LOT 8
Assessor's Parcel Number: 002 - 112 -13
WE
25E -18
MILLS ACT AGREEMENT
2134 North Ross Street
Santa Ana, CA 92706
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its environment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should be avoided when
possible.
3. All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from the other buildings or
structures.
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.
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-
MILLS ACT AGREEMENT
2134 North Ross Street
Santa Ana, CA 92706
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
-10-
25E -20
MILLS ACT AGREEMENT
2134 North Ross Street
Santa Ana, CA 92706
Exhibit C (photographs attached)
ue
MILLS ACT AGREEMENT
2134 North Ross Street
Santa Ana, CA 92706
-12-
MILLS ACT AGREEMENT
2134 North Ross Street
Santa Ana, CA 92706
-13-
2134 NORTH ROSS STREET
PHOTO LOCATION MAP
ROSS
50.00
HOUSE
o
184.74 •
�o
o
o
NORTH
-14-
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010 -07 FOR THE
PROPERTY LOCATED AT 2454 NORTH
HELIOTROPE DRIVE
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1St Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement with Sayo
Yokoi and Hector R. Alvarez, property owners, for the structure located at 2454 North Heliotrope
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 Sayo Yokoi and Hector R. Alvarez, property owners, for the structure
located at 2454 North Heliotrope Drive, subject to non - substantive changes approved by the City
Manager and City Attorney at its April 1, 2010 meeting by a vote of 5:0 (Villasenor absent).
DISCUSSION
After the public hearing on April 1, 2010, 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. 2010 -07
May 3, 2010
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an
estimated $64.12 to $320.53 annually, for a period of not less than ten years.
Jay �. Trrevino
Executive Director
Planning & Building Agency
HS:rb
hs \historic infolmilis act agreements \2454_N_Heliotrope \hppal0 -7.cc
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit: A. Historic Resources Commission Staff Report
25F -2
� 1
REQUEST •
111SMWRESOURCESCOMMKOMMEETM DATE
'dIIIrIUl�lil,
APRIL 1, 2010
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010 -07 FOR THE PROPERTY
LOCATED AT 2454 NORTH HELIOTROPE DRIVE
Prepared by Hally Soboleske
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 Sayo Yokoi and Hector R. Alvarez, property owners, for the structure
located at 2454 North Heliotrope Drive subject to non - substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
Reauest of Applicant
The applicants, Sayo Yokoi and Hector R. Alvarez, request the approval of Historic Property
Preservation Agreement No. 2010 -07 (Mills Act) between the property owner and the City of Santa
Ana.
Property Description
The subject property includes a Tudor Revival styled residence and garage located at 2454 North
Heliotrope 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
HPPA No. 2010 -07
April 1, 2010
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. Smith House and categorized as Contributive in October 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:
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.
Hally Sobo ske
Associate Planner
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PLANNING AND BUILDING AGENCY
EXHIBIT I
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25F -6
EXECUTIVE SUMMARY
J.C. SMITH HOUSE
2454 North Heliotrope Drive
Santa Ana, CA 92706
NAME
J.C. Smith House
REF. N0.
ADDRESS
2454 North Heliotrope Drive
CITY
Santa Ana
ZIP
1 92706
ORANGE COUNTY
YEAR BUILT
1934
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: 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. Horn in the late 19"' century, the Tudor Revival was
associated with some Craftsman era building but was most popular during the 1920s and 1930s.
The J. C. 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 Tudor 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 English Revival variant of the Tudor style in the Floral Park neighborhood, "is a good
example of period architecture" (Municipal Code, Section 30 -2.2).
EXPLANATION OF CODES:
• California Resister 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
State of Csifrraia — The Resources Agency
Primary #
DEPARTMENT OF PARKS AND RECREATION
HRI #
PRIMARY RECORD
Trinomial
NRHP Status Code
Other Listlngs
Review Code
Reviewer Dabs
4
or ntunber (assigned by recorder)
P1. Other Identifier:
*P2. Location: []Not for Publication ■Unrestricted *a. County Orange County
*b. USGS 7.5' Quad TCA1725 Date:
C. Address 2454 North Heliotrope Drive City Santa Ana Zip 92706
*e. Other Locational Data: Assessor's Parcel Number 002- 063-05
*133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Sheathed in smooth stucco, this one and a haff-simy residence is a Tudor Revival style. The residence is capped by a
steeply pitched roof with asphalt tabbed shingles. The front steep gable is pierced by an attic vent and the lower front gable
has exposed vertical beams. Beneath that, the front porch steps are composed of concrete with brick veneer flanking each
side of the heavy wood front door. A chimney with brick matching that of the front entry rises above the roof on the west side
of the house. Two tripartite wood windows are present on either side of the front entrance, each with a fixed middle window
with a four light transom and eight light casements on each side of the fixed window. A nonoriginal metal lantem graces the
front entry, and the property is enhanced with mature and lush landscape. Alterations include a fence utilizing brick pilasters
and wrought iron fencing surrounding the front yard.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single- family Property
*P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other
P5b. Photo: (view and date)
North elevation
August 2009
*P6. Date Constructed/Age and
Sources: ■historic
1934/CNy of Santa Ana Building
Permits
*P7. Owner and Address:
Hector R. and Sayo Yokoi Alvarez
2454 N. Heliotrope Drive
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
*P11. Report Citation: (Cite survey
report and other sources, or enter "none ")
None.
*Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record
❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Melling Station Record ❑Rock Art Record
❑Artifact Record ❑Photograph Record ❑ Other (list)
DPR 523A (1/95)
Page 2of5
*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
nvowurr.e name or rr. ,!. l,. aman riouse
B1. Historic Name: J. C. Smith House
B2. Common Name: Same
B3. Original Use: Single- family Residence B4. Present Use: Single - family Residence
*135. Architectural Style: Tudor Revival
*66. Construction History: (Construction date, alterations, and date of alterations): Constructed 1934
August 14, 1934. Residence and garage constructed, $4, 500.
July 6, 1939. Termite treatment by Temtinix $195.
September 25, 1984. Water piping, meter relocation.
*B7. Moved? ■No [Wes ❑Unknown Date: Original Location:
*B8. Related Features:
None.
139a. Architect: Unknown
b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1895-1965 Property Type: Single - family Residence Applicable Criteria: NR: 3, CR: 5S1
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity)
The J. C. Smith House is architecturally significant as it exemplifies the Tudor Revival style. It was built for John and Annette
Smith. John Smith was an oil worker for the Holly Development Company which was a subsidiary of the Holly Sugar
Company who had a factory in Santa Ana during that time. The sugar company diversified into oil production and land
development and was the parent company to: Holly Oil Company, Holly Development Company, Southern California Sugar
Company, and the Santa Ana Sugar Company. Mr. Smith was an oil pumper for the company, an occupation which entails
controlling the flow of oil from a steam, gas, electric, or diesel oil pump. Annette Smith passed away in 1948. On or about that
time, Mr. Smith retired. He continued to live in the residence until 1956, having lived in the home for over 22 years, and after
which time, the occupancy changed many times.
(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
Sanbom Maps
(See Continuation Sheet 4 of 4.)
B13. Remarks:
*B14. Evaluator: Holly Soboieske
*Date of Evaluation: August 22, 2oo9+
(This space reserved for official comments.)
DPR 523B (1195) Page 3 of 5 *Required information
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page 3 of 4 Resource Name or # (Assigned by recorder) J. C Smith House
Recorded by marry s000resKe 'Date August 22, 2009 IM Continuation 13 Update
'810. 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 cone 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 J. C. Smith 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. Developerand builder Allison Honer (1897- 1981),
credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls,
New York in 1922 (Talbert, pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land.
And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel
chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "Men 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 Il, 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 Il years, Floral Park continued its development as
numerous smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style.
In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains
its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The J. C. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its
exemplification of the distinguishing characteristics of both the Tudor Revival style. Typical features of the Tudor Revival
style illustrated by the house include its asymmetrical but balanced composition; exposed beams, steeply pitched roof and
smooth stucco finish. 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 Tudor Revival style in the Floral
Park neighborhood, is a good example of period architecture." Character - defining exterior features of the J. C. Smith House
that should be preserved include, but may not be limited to, materials and finishes (stucco and beams); roof configuration and
detailing; original windows where extant; chimney, • and architectural details such as wood tripartite windows, bay projections,
and brick details.
DPR 523L Page 4 of 5
State of California —The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page 4 of 4 Resource Name or # (Assigned by recorder) J. C Smith House
Recorded by nany 0000resxe 'Date August 22, 2009 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 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.
Peasants, Mrs. J. E. History of Orange County, Californ ia. 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." http. *IAvww .floral- park.com1page2.html.
Noted Nursery Operator Dies," Santa Ana Register, August 28, 1957.
Santa Ana and Orange County Directories, 1937 -1978.
Page 5 of 5
DPR 523L
25F -12
MILLS ACT AGREEMENT
2454 North Heliotrope Drive
Santa Ana, CA 92706
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M -30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE §6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ( "Agreement ") is made and entered into this May 3, 2010 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 Sayo Yokoi and Hector R. Alvarez, (hereinafter referred to as "Owner "), owner
of real property located at 2454 North Heliotrope Drive, Santa Ana, California, 92706 in the
County of Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into
contracts with 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 2454 North
Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in
Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter
referred to as the "Historic Property ".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. The City and the property Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultural and
historical resource for the Owner and for the community; to prevent inappropriate
alterations to the Historic Property and to ensure that repairs, additions, new
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
EXHIBIT 3
-I-
MILLS ACT AGREEMENT
2454 North Heliotrope Drive
Santa Ana, CA 92706
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on May 3, 2010, 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:
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MILLS ACT AGREEMENT
2454 North Heliotrope Drive
Santa Ana, CA 92706
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character -
defining features, notably the general architectural form, style, materials, design, scale,
proportions, organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects. These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
C. A view corridor enabling the general public to see the Historic Property from the
public right -of -way shall be maintained, and Owner shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: Demolition of the Historic Property or destruction
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.
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MILLS ACT AGREEMENT
2454 North Heliotrope Drive
Santa Ana, CA 92706
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner 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 %) 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
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25F -16
MILLS ACT AGREEMENT
2454 North Heliotrope Drive
Santa Ana, CA 92706
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owner hereby subject the Historic Property, located at 2454 North
Heliotrope Drive, Assessor Parcel Number, 002- 063 -05, 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.
S. 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: Sayo Yokoi and Hector R. Alvarez
2454 North Heliotrope Drive
Santa Ana, CA 92706
-5-
25F -17
MILLSACTAGREEMENT
2454 North Heliotrope Drive
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner' 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-
MILLS ACT AGREEMENT
2454 North Heliotrope Drive
Santa Ana, CA 92706
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. Notice of the Contract to Office of Historic Preservation.
No later than six (6) months of entering into the contract, the owner or agent of an owner
shall provide written notice of this Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded
instrument executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
Owner
Date:
Date:
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Joseph W. Fletcher
City Attorney
-7-
CITY OF SANTA ANA
DAVID N. REAM
City Manager
By:
Hector R. Alvarez
By:
Sayo Yokoi
MILLS ACT AGREEMENT
2454 North Heliotrope Drive
Santa Ana, CA 92706
Exhibit A
N TR 946 LOT 8
Assessor's Parcel Number: 002 - 063 -05
-8-
MILLS ACT AGREEMENT
2454 North Heliotrope Drive
Santa Ana, CA 92706
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
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.
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-
MILLS ACT AGREEMENT
2454 North Heliotrope Drive
Santa Ana, CA 92706
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
-10-
MILLS ACT AGREEMENT
2454 North Heliotrope Drive
Santa Ana, CA 92706
Exhibit C (photographs attached)
MILLS ACTAGREEMENT
2454 North Heliotrope Drive
Santa Ana, CA 92706
-12-
2454 NORTH HELIOTROPE DRIVE
PHOTO LOCATION MAP
HELIOTROPE
5$.04
I ,
I ,
1 ,
130.00 •
I ,
o�
I ,
1 �
NORTH
-13-
25F -26
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
AGREEMENT FOR DOMESTIC
WATER QUALITY TESTING
SERVICES
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 15f Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached two -year agreement
with the option to extend for a second two -year term at the same contract amount for domestic
water quality testing with Clinical Laboratory of San Bernardino, Inc. in the biennial not -to- exceed
amount of $104,918 subject to non - substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
The California Department of Health Services, in accordance with Title 22 of the California Code of
Regulations, enforces the primary and secondary drinking water standards for public water systems.
Compliance with these standards requires laboratory testing of the City's water system by a State -
approved laboratory.
The current City contract for water quality testing will expire in June 2010. Therefore, Request for
Proposals to provide the required testing were sent to five laboratories.
Four proposals were received and evaluated by a three - member selection committee. Following
the rating of the laboratories, the fee proposals of the top three rated laboratories were opened. The
composite ratings and requested fees are as follows:
TestAmerica
Clinical Laboratory of San Bernardino, Inc.
E. S. Babcock and Sons, Inc.
25G -1
RATING FEE
92.7 $100,372
91.0 $ 95,380
84.7 $181,472
Agreement for Domestic Water
Quality Testing Services
May 3, 2010
Page 2
Staff recommends that the number - two -rated firm of Clinical Laboratory of San Bernardino, Inc.
be retained for this service. This recommendation is based on the following:
1. They were highly rated on the basis of experience, qualifications, and excellent past
service record by all three members of the selection committee.
2. They have been providing water quality testing as a state - approved laboratory since 1968
and are the City's current contract laboratory.
3. Their fee is the most competitive.
Staff further recommends that a 10 percent contingency be included in the agreement for a not -
to- exceed biennial amount of $104,918.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Water Quality and Measurement program (accounting unit 06017644-
62300).
APPROVED AS TO FUNDS AND ACCOUNTS:
r--
Raul Godinez If H Francisco Gutierrez
Executive Directo Executive Director
Public Works Agency Finance & Management Services Agency
RG/TD /mz
Exhibit 1: Agreement
25G -2
AGREEMENT FOR PROVISION OF
WATER QUALITY TESTING SERVICES
THIS AGREEMENT, made and entered into this 3rd day of May, 2010 by and between
Clinical Laboratory of San Bernardino, Inc., a California corporation (hereinafter "Consultant "),
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 (hereinafter "City ").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
domestic water quality testing.
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant 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
Consultant shall provide domestic water quality testing in accordance with "Standard
Methods ", Title 22 of the California Code of Regulations, entitled "California Domestic Water
Quality and Monitoring Regulations ", and the Code of Federal Regulations. Such testing shall
include bacteriological quality, general physical quality, general mineral, nitrate /nitrite,
inorganics, fluoride, haloacetic acids and total triahalomethanes. All work shall be performed in
accordance with City's Request for Proposals dated February 2010, attached hereto as Exhibit A,
and incorporated by reference.
2. DELIVERY OF WORK PRODUCT - OWNERSHIP
Any and all records, papers, drawings, specifications, programs, systems and other
materials prepared by CONSULTANT, pursuant to this Agreement shall be the property of
CITY. CONSULTANT agrees to provide CITY with any such materials whenever requested to
do so.
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Consultant's Fee Proposal, attached hereto as Exhibit B, and
incorporated by reference. The total sum to be expended under this Agreement shall not exceed
$104,918.00 during the term of this Agreement.
EXHIBIT 1
25G -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.
4. TERM
This Agreement shall commence on July 1, 2010 and terminate on June 30, 2012, unless
terminated earlier in accordance with Section 13, below. The City may extend the term for an
additional two year period upon the exercise of an option executed by the Executive Director of
Public Works and the City Attorney.
5. INDEPENDENT CONTRACTOR
Consultant 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
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant 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.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant 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. 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 combined single limit. Such insurance shall include coverage
for owned, hired and non -owned automobiles.
c. 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. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
25G -4
d. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim, and $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant 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 canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. 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 effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
7. INDEMNIFICATION
Consultant 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 for
personal injury, including death, and claims for property damage, which may arise from the
negligence, recklessness or willful misconduct of the Consultant 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. The Consultant 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.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and /or agent of the other party is covered
by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the
25G -5
Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. 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 facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
facsimile (714) 647 -6956
With courtesy copies to:
Public Works — Water Quality Coordinator
City of Santa Ana
220 S. Daisy Avenue (M -85)
Santa Ana, California 92703
facsimile (714) 647 -3345
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647 -6515
To Consultant: Clinical Laboratory of San Bernadino
21881 Barton Road
Grand Terrace, California 92313
Facsimile (909) 825 -7693
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 facsimile, 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.
25G -6
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject of this
Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. 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
25G -7
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.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
17. 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 City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA R. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
MA
Laura Sheedy
Assistant City Attorney
25G -8
CITY OF SANTA ANA
DAVID N. REAM
City Manager
CLINICAL LABORATORY OF
SAN BERNADINO
BOB GLAUBIG
Laboratory Director
Tax ID #
EXHIBIT A
SCOPE OF WORK
A. SAMPLING
BACTERIOLOGICAL QUALITY
a. Routine: Samples shall be collected by the Consultant, in appropriate
sterilized bottles to which a chlorine reducing agent has been properly added, on
a weekly basis at 50 designated sample points (Table 1).
Total coliform analyses will be conducted using either the multiple tube
fermentation method analyzing a minimum of 100 -m1 of water either with using
5 -tube 20 -m1 portions or 10 -tube 10 -m1 portions, the membrane filter technique,
the presence /absence (P -A) coliform test, or the minimal medium (Coliform) test.
Reporting of positive samples shall be based on the presence or absence of
coliforms in each sample rather than an estimation of coliform density.
Upon detecting that either a routine or repeat sample is either total coliform or
fecal coliform positive, or a sample is invalidated due to interference problems,
the Consultant shall notify the City within twenty -four hours. To complete the
notification, consultant must contact a live individual. Voice mail and faxed
notifications will only be a secondary means of notification. The appropriate
contact person for the City is the Water Services Quality Inspector at (714) 647-
3341 or the Water Services Quality Coordinator at (714) 647 -3316. When voice
mail is used to leave a message, the Consultant shall contact the City's Dispatch
Office at (714) 647 -3380 between the hours of 7:00 a.m. and 3:30 p.m. If
notification is required during a weekend or holiday, the Water Services Quality
Inspector should be contacted at (714) 371 -6779. In addition, a copy of the
City's Emergency Notification Plan (Attachment A) is attached.
In the event that the Consultant is unable to contact the City within 24 hours, the
Consultant shall notify the Department of Public Health, Drinking Water Field
Operations Branch, Santa Ana District, at (714) 558 -4410.
Upon detecting that a routine or repeat sample is total coliform positive, the
Consultant shall perform a fecal coliform test.
The Consultant shall, within twenty -four hours after notifying the City that a
single routine sample is total coliform positive, collect three repeat samples. One
shall be from the same total coliform positive sample point. The other two
locations shall be determined by the City, one to be located within five service
connections upstream and the other within five service connections downstream
of the total coliform positive sample point (Table 3).
If total coliforms are detected in any repeat sample, the Consultant must within
twenty -four hours, after notifying the City that a repeat sample is total coliform
positive sample, collect another set of repeat samples from the same locations.
25G -9
b. Water Mains or System Repairs: Samples shall be collected by the City
in appropriate sterilized bottles provided by the Consultant to which a chlorine
reducing agent had been properly added. Sampling may consist of two samples
per month and shall be picked up by the Consultant at the City Corporate Yard
Meter Shop within twelve hours of notification. The Consultant shall notify the
City of the results by fax within four hours of the completion of the test.
C. Wells: Samples shall be collected by the City in appropriate sterilized
bottles provided by the Consultant to which a chlorine reducing agent has been
properly added. Sampling shall consist of twenty samples per month and shall be
picked up by the Consultant at the City Corporate Yard Meter Shop within
twelve hours of notification.
d. Customer Complaint: Samples shall be collected by the City in
appropriate sterilized bottles provided by the Consultant to which a chlorine
reducing agent has been properly added. Sampling may consist of four samples
per month and shall be picked up by the Consultant at the City Corporate Yard
Meter Shop within twelve hours of notification.
2. HETEROTROPHIC PLATE COUNT
Samples shall be collected by the Consultant in appropriate sterilized bottles to which a
chlorine reducing agent has been added on a weekly basis at the same time and at the
same 50 designated sample points (Table 1). Consultant shall use the necessary dilutions
to report the results at concentrations up to 500 colony forming units per milliliter.
3. TOTAL CHLORINE RESIDUAL
Samples shall be field analyzed by the Consultant on a weekly basis at the same time and
at the same 50 designated sample points (Table 1). DPD method of analysis and the
reading shall be made by the means of a colorimeter. Color disc is not acceptable.
Results must be reported to 0.1 mg/l. Colorimeter must be calibrated per the
manufacturers requirements.
4. GENERAL PHYSICAL QUALITY
a. Routine: the Consultant shall collect Samples in appropriate sample
bottles on a monthly basis at the 50 designated sample points (Table 1). The
analysis shall consist of turbidity, odor, color, field pH, and temperature.
b. Customer Complaint: Samples shall be collected by the City in specially
prepared sample bottles provided by the Consultant and may consist of four
samples per month and shall be picked up by the Consultant at the City Corporate
Yard Meter Shop within twelve hours of notification. The analysis shall consist
of turbidity, odor, and color.
5. GENERAL MINERAL
Samples shall be collected by the City in specially prepared sample bottles provided by
the Consultant and may consist of twenty samples on a yearly basis and shall be picked
25G -10
up the Consultant at the City Corporate Yard Meter Shop within twenty -four hours of
notification.
6. INORGANICS
Samples shall be collected by the City in specially prepared sample bottles provided by
the Consultant and may consist of twenty samples on a yearly basis and shall be picked
up by the Consultant at the City Corporate Yard Meter Shop within twenty -four hours of
notification.
7. TRIHALOMETHANES
The City shall collect samples in specially designed sample vials containing a chlorine
reducing agent and sealed with TFE -faced septa and screw caps. It shall consist of
twelve samples on a quarterly basis beginning in February and shall be picked up by the
Consultant at the City Corporate Yard Meter Shop within twelve hours of notification.
8. 1 ALOACETIC ACIDS
The City shall collect samples in specially designed sample vials containing crystalline
NH4C1, which converts free chlorine to a combined chlorine residual and sealed with
TFE -faced septa and screw caps. It shall consist of twelve samples on a quarterly basis
beginning in February and shall be picked up by the Consultant at the City Corporate
Yard Meter Shop within twelve hours of notification.
9. NITRATE/NITRITE
Samples shall be collected by the City in specially prepared sample bottles and shall
consist of six nitrate samples on a monthly basis and an additional six samples on a
quarterly basis. Nitrite samples shall consist of nine samples on a semi - annual basis.
The Consultant shall pick up samples at the City Corporate Yard Meter Shop within
twelve hours of notification.
Upon detecting nitrate level above the MCL of 40 mg/1 as NO3 is exceeded, the
Consultant shall notify the City within twenty -four hours. To complete the notification
consultant must contact a live individual. Voice mail and faxed notifications will only be
a secondary means of notification. The appropriate contact person for the City is the
Water Services Quality Inspector at (714) 647 -3341 or the Water Services Quality
Coordinator at (714) 647 -3316. When voice mail is used to leave a message, the
Consultant shall contact the City's Dispatch Office at (714) 647 -3380 between the hours
of 7:00 a.m. and 3:30 p.m. If notification is required during a weekend of holiday, the
Water Services Quality Inspector may be contacted at (714) 371 -6779. In addition, a
copy of the City's Emergency Notification Plan (Attachment A) is attached.
In the event that the Consultant is unable to contact the City within 24 hours, the
Consultant shall notify the Department of Public Health, Drinking Water Field
Operations Branch, Santa Ana District, at (714) 558 -4410.
25G -11
10. FLUORIDE
Samples shall be collected by the Consultant, in appropriate sterilized bottles on
a monthly basis at the 10 designated sample points (Table 1).
B. REPORTING REQUIREMENTS
1. Reports:
The Consultant shall provide the following information within seven days of the
completion of each analysis:
a. Name of the laboratory and either the person responsible for performing the
analysis or the laboratory director.
b. Date of report.
C. The analytical method used.
d. The name, date, and time of sampling and identification of the person who
collected the sample.
e. Identification of the sample as a routine, repeat, replacement, or "other" sample
when appropriate.
2. Chain of Custodv:
The Consultant shall provide to the City chain of custody forms for each sample collected
by the City when the Consultant provides the necessary sample container.
25G -12
FEE PROPOSAL
(Number of samples are an estimated annual amount)
1. BACTERIOLOGICAL QUALITY
a. Routine Total Coliform 5,200 samples @
7.00
ea = $
36,400.00
b. Water Mains 48 samples @
5.00
ea = $
240.00
C. Reservoirs 24 samples @
5.00
ea = $
120.00
d. Customer Complaint 100 samples @
5.00
ea = $
500.00
96 samples @
2. HETEROTROPHIC PLATE COUNT
$
5,760.00
NITRATE/NITRITE
5,200 samples @
4.00
ea = $
20,800.00
FLUORIDE
200 samples @
3. TOTAL CHLORINE RESIDUAL
$
1,600.00
5,200 samples @
1.50 ea = $
7,800.00
4. GENERAL PHYSICAL QUALITY
a. Routine 1,200 samples @
6.00
ea = $
7,200.00
b. Customer Complaint 100 samples @
4.00
ea = $
400.00
5.
6.
7.
8.
9.
10
GENERAL MINERAL
60 samples @
80.00 ea
= $
4,800.00
INORGANICS
40 samples @
120.00 ea =
$
4,800.00
TRIHALOMETHANES
96 samples @
30.00 ea =
$
2,880.00
HALOACETIC ACIDS
96 samples @
60.00 ea =
$
5,760.00
NITRATE/NITRITE
260 samples @
8.00 ea =
$
2,080.00
FLUORIDE
200 samples @
8.00 ea =
$
1,600.00
25G -13
TOTAL $ 95,380.00
25G -14
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
AGREEMENT WITH ENVIRONMENTAL
ENGINEERING & CONTRACTING, INC.
FOR FATS, OILS, & GREASE PROGRAM
MANAGEMENT SERVICES
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement with
Environmental Engineering and Contracting, Inc., subject to nonsubstantive changes approved by the
City Manager and City Attorney to provide fats, oils, and grease control program management
services in an amount not to exceed $180,000.
DISCUSSION
In October 2004, the City adopted an ordinance amending Chapter 39 of the Santa Ana Municipal
Code to control the discharge of fats, oils, and grease (FOG) from food service establishments to the
City's sewer collection system. In January 2005, the Public Works Agency began implementation of
a comprehensive FOG control program that includes regular inspections of all food service
establishments to insure compliance with the ordinance. The FOG ordinance and program are
required by the California State Water Quality Control Board.
Requests for Proposals were sent to six firms. The services that the consultants were asked to
provide on an as- needed basis included inspection of new food service establishments (FSEs),
training and support of City Sanitation Inspectors, support and maintenance of the FSE database,
coordination with other agencies to insure compliance with regulatory requirements, and technical
support to City staff for all FOG - related issues.
One response was received and evaluated by a three - member selection committee. The sealed fee
envelope was then opened and the fee proposal was analyzed. Listed below is the rating of the
responsive firm.
Environmental Engineering and Contracting, Inc.
25H -1
RATING FEE
96 See Exhibit 2
Agreement with Environmental Engineering & Contracting, Inc. for
Fats, Oils, & Grease Program Management Services
May 3, 2010
Page 2
The proposal from Environmental Engineering and Contracting, Inc. (EEC Inc.) was highly rated
based on the detailed scope of services, understanding of the project, qualifications, and experience
with similar projects. Staff recommends that EEC Inc. be retained for this project. They have
extensive experience both as a firm and at the staff level in developing and operating similar
programs with the City and throughout Southern California. The fees are reasonable and all of the
services are provided on an as- needed basis.
ENVIRONMENTAL IMPACTS
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Sanitary Sewer Service program (accounting unit 05617640- 62300).
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul Godinez II Francisco Gutierrez
Executive Direct Executive Director
Public Works Agency Finance & Management Services Agency
RG /CB /mz
Exhibits: 1. Agreement
2. Fee Schedule
25H -2
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 3rd day of May, 2010 by and between
Environmental Engineering and Contracting, Inc., a California corporation (hereinafter
"Consultant "), 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 (hereinafter "City ").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
NPDES requirements, to inspect food service establishments for compliance with the
City's Fats, Oil and Grease regulations.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant 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
Consultant shall perform those services as set forth in Consultant's Proposal, attached
hereto as Exhibit A and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B and
incorporated by reference. The total sum to be expended under this Agreement, shall not exceed
$180,000, annually, 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. 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 July 1, 2010 and terminate on June 30, 2011, unless
terminated earlier in accordance with Section 12, below. The term of this Agreement may be
extended for up to three additional one -year periods, upon the exercise of the option by the City.
t
EXHIBIT 1
25H -3
4. INDEPENDENT CONTRACTOR
Consultant 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
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant 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, Consultant 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. 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.
c. 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. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
2
25H -4
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant 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 canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. 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 effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant 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
Consultant 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 for
personal injury, including death, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant 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. 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 Consultant 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 challenging the validity
of this Agreement, or 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.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
3
25H -5
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and /or agent of the other
party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
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: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax (714) 647 -6956
With courtesy copies to:
Executive Director of Public Works
and
City of Santa Ana
20 Civic Center Plaza (M -85)
P.O. Box 1988
Santa Ana, California 92702
Fax (714) 647 -3345
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax (714) 647 -6515
To Consultant: Environmental Engineering and Contracting
501 Parkcenter Drive
4
25H -6
Santa Ana, CA 92705
Fax (714) 667 -2310
A party may change its address by giving notice in writing to the other party. 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. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
5
25H -7
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
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.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
16. 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 City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City 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
25H -8
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:
Laura Sheedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
ENVIRONMENTAL ENGINEERING
AND CONTRACTING, INC.
JOHN SHAFFER
President
Tax ID#
7
25H -9
ENV>eRONMENTAL
ENGINEERING i CONTRAMNG, INC.
501 Pwkcenter Drive. Santa Ana. CA 92705
- W Phone (714) 667 -2300 Fax (714) 667 -2910
2010 Fee Schedule
Prior to the commencement of services provided by EEC a Professional Service Agreement, Contract, Purchase
Order, or Commitment Letter must be executed by both parties engaged.
PERSONNEL CHARGES Travlsl
The charge for all time required for the performance of Vehicles used on project assignments will be
the Scope of Work, including office, field and travel charged at $50 per day. Mileage is billed at the
time, will be billed at the hourly rate according to the current rate established by the Internal Revenue
labor classifications set forth below. Service plus mark up. Per Diem is billed at a unit
cost of $50 per day. Airfare, lodging, rental cars and
associated expenses are billed at cost plus mark up.
Labor Classification Hourly Rate
Staff EngineedGeologist/Scientist $95
Sr Staff Engineer/GeologisUScientist $105
Field Equipment
Project Engineer /GeologisUScientist 1 $125
Field Equipment is billed at standard unit costs. Rate
Project EngineedGeologistIScientist - II $135
schedules are available upon request.
Sr Project EngineedGeologist/Scientist -1 $160
Sr Project Engineer/Geologist/Scientist -11 $180
Principal Geologist $205
Subcontractors and Reimbursables
Principal $205
The costs of subcontractors, materials,
Project Assistant $75
rental and costs incurred will be charged at cost plust
Technician $85
15 %.
Drafter $95
Sr Technician $95
Compliance Inspector $95
Olther P
GIS Analyst $95
GIS, IT Supervisor $125
The cost of additional report reproduction and
Construction Technician $65
special project accounting will be billed as
appropriate. Plotting plans are charged by size,
Construction Field Supervisor $85
black and white or color, and by the number of
Construction Manager $90
copies supplied.
Sr Construction Manager $115
Shiooina and Postaae
Emergency response and client requested work during
Shipping charges include couriers and the postage
non -standard business hours will be charged at a rate
necessary will be charged at cost plus markup.
of 1.25 times the standard hourly rate.
When EEC Staff appear as expert witnesses at court
Interest Chases
trials, mediation, arbitration hearings and depositions,
their time will be charged at 2.0 times the standard
Interest on late payments will be charged at the rate
rate.
All time spent preparing for such trials, hearings, and
of 1.5% per month.
depositions, will be charged at the standard hourly rate.
TOTS Fee Schedule is adjusted each subsequent year to retied the economic changes for Me new year. The new , dine wdi &p* to exiarh►g
and now assignments
Exhibit 2
25H -10
ENV /R'C�NMENTA�..
*19 ENGINEERING i CONTRACTING, INC.
501 Parkcenter Drive. Santa Ana, CA 92705
Phone (714) 667 -2300 Fax (714) 667 -2310
2010 FSE Inspection Fee Schedule
Inspection Typ&Task
Fee Basis
Cost
BMP/GRE Inspections
Unit
$90
GRE Inspections
Unit
$80
BMP Inspections
Unit
$74
Permitting Inspections
Unit
$120
Com liance Inspections
Unit
$120
Program Management
T &M
Reference
2010 Fee Schedule
BMP /GRE Inspections
BMP and GRE inspections of hot spot related FSEs with interceptors
BMP and GRE inspections of hot spot related FSEs with traps
BMP and GRE inspection of non -hot spot related FSEs with traps
GRE Only Inspections
Grease interceptor inspection of hot spot related, property management company interceptors (no BMPs)
Grease interceptor inspections of non -hot spot related, FSE interceptors (no BMPs)
BMP Inspections
BMP inspection of hot spot related FSEs without an interceptor or trap
Permitting Inspections
First Time inspection of new FSE or change in ownership to provide FOG Program education to new owners
Compliance Inspections
Follow -up inspections where non - compliance with key BMP issues identified (by EEC or HCA)
Employee Training Logs missing or not current
Waste grease disposal logs missing or not current
Food Grinder identified
Follow -up inspections where non - compliance with key GRE issues identified (by EEC or HCA)
Grease/Solids > 25%
InterceptorArap components or structure damaged or inoperable
Interceptor or trap maintenance log missing or not current
FOG Program Management:
FSE Inspection Coordination
FSE Inspection Data Entry
FSE Identification Research
Health Dept. Follow -up Coordination
FSE Database and GIS management
FOG Program Status Updates /Meetings
FOG control program assessment and recommendations
Field /Respond to Customer Calls
25H -11
• City of Santa Ana, PWA
RFP — Fats, Oils and Grease (FOG) Program Management
CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS
As suppliers of goods or services to the City of Santa Ana, the Firm listed below
certifies that it does not discriminate in. its employment with regard to race, color,
religion, sex, or national origin; that it is in compliance with all federal, state and
local directives and executive orders regarding non- discrimination in
employment; and that it agrees to demonstrate positively and aggressively the
principle of equal opportunity in employment.
WE AGREE SPECIFICALLY:
1. To take affirmative steps to hire minority employees with the company.
2. To establish or observe employment policies within affirmative promotion
opportunities for minority persons at all job levels.
3. To communicate this policy to all persons concerned, including all company
employees, outside recruiting services, especially those servicing minority
communities, and to the minority communities at large.
FIRM Environmental Engineering & Contracting, Inc.
TITLE OF PERSON
SIGNING President
SiGNA
DATE
Please include any additional information available regarding equal opportunity employment programs now in
eliiset within your company.
13
25H -12
r
Proposal
FATS OILS AND GREASE
PROGRAM MANAGEMENT SERVICES
Prepared for:
City of Santa Ana
Public Works Agency
220 S. Daisy Ave.
Santa Ana, California 92703
March 31 't, 2010
Prepared by:
Environmental Engineering & Contracting, Inc.
501 Parkcenter Drive
Santa Ana, California 92705
John Shaffer
Principal -in- Charge
Exhibit 1
25H -13
J Kolk
Projec anger
COY of Santa Ma - FOG Program Management Proposal
25H -14
EEC
Table of Contents
'
1.0 ORGANIZATION OVERVIEW ......................
1.1 INTRODUCTION ................................................................................. 1
...............................
1.2 COMPANY BACKGROUND ........................... ...................................... ............................... 1
2.0 QUALIFICATIONS AND EXPEREINCE ...................................... ............................... 1
3.0 WORICPLAN ..............................................................4
'
3.1 TASK 1 —FOG CONTROL PROGRAM MANAGEMENT......................................................... 4
3.2 TASK 2 — FSE INSPECTIONS AND ENFORCEMENT .............................. ............................... 4
3.3 TASK 3 -- MAPPING SERVICES .......................................... 5
1.4 TASK 4 — TRAINING CITY STAFF 6
................. ...............................
4.0 EVALUATION OF FOG ELIMINATING PRODUCTS ............... ............................... 6
'
5.0 SATFFING .......................................................................................... ..............................7
5.1 KEY PERSONNEL . ............... ............................... 7
5.2 PROJECT MANAGER .......................................................................... ............................... 8
6.0 SUBCONSULTANTS ....................................................................... ............................... 9
7.0 ADDITIONAL INFORMATION .................................................... ............................... 9
8.0 REFERENCES ....................................................................................
'
.............................10
List of Appendices
Appendix A - Resumes
Appendix B - EEC's Certificate of Liability Insurance
COY of Santa Ma - FOG Program Management Proposal
25H -14
EEC
' 1.0 ORGANIZATION OVERVIEW
1.1 INTRODUCTION
Environmental Engineering & Contracting, Inc. (EEC) is pleased to submit this proposal to
provide continued Fats, Oils, and Grease (FOG) Program Management services to the City of
t Santa Ana. Based on our extensive experience and successes in the development,
implementation, and management of FOG Programs throughout the country, including the City
of Santa Ana (City), EEC is poised and prepared to assist the City with the multifaceted tasks
' and services associated with the existing FOG control program. These services include
providing oversight and administration of a comprehensive Food Service Establishment (FSE)
inspection program, assisting with enforcement of the City's FOG Control Ordinance (NS -26-
' 70), providing FSE inspection services and training the City staff on an as- needed basis as well
as public FOG outreach and education. This proposal was prepared in accordance with the
requirements outlined in the Request for Proposal (RFP).
' 1.2 COMPANY BACKGROUND
Founded in 1995, ECC is headquartered in Santa Ana, California. EEC is a full service
environmental engineering and consulting company with extensive experience performing FOG
Control Program management services. In addition, EEC specializes in the fields of wastewater,
' engineering, environmental construction, soil and groundwater investigations, and GIS /data
management services. A privately held company, EEC is managed by the company's principals.
' EEC has a staff of 26 professionals, including FOG Program Managers, FOG Data Managers,
FOG Inspection Supervisors, and FOG inspectors. EEC's President and founder, John Shaffer,
is recognized throughout the United States as an expert on FOG Control and FOG Inspections.
' EEC is committed to providing the highest caliber of service to the City while maintaining
superior Quality Assurance /Quality Control and Health and Safety standards. At an approximate
' four miles distance from the City Yard, EEC's project manager and project team assigned to this
project will be available to the City at a moment's notice.
J
2.0 QUALIFICATIONS AND EXPEREINCE —"
EEC has provided extensive FOG control program support/management services throughout the
United States for over 25 cities and sewer districts including the Cities of Santa Ana, Stanton,
Orange, La Habra, and Fullerton and the Orange County Sanitation District (OCSD), Costa Mesa
Sanitary District (CMSD), Irvine Ranch Water District (IRWD), Garden Grove Sanitary District,
and Midway City Sanitary District. To date, EEC has performed over 10,000 FOG inspections.
Furthermore, EEC has developed an in -depth understanding of the City's FOG control program
database and comprehensive FSE inspection program through a nearly decade -long working
relationship with the City. In fact, until 2008, EEC conducted the majority of the City's FSE
FOG inspections. EEC currently performs inspections for the City on an as- needed basis.
Through experience gained from our projects and our unique knowledge of the City's FOG
control program, EEC continues to provide a flexible and cost - effective approach to meeting the
City's project goals.
City of Santa Ana - FOG Program Management Proposal
25H -15
EEC
Exhibit l highlights some of our recently completed and on -going FOG related projects in t
Orange County. Our featured projects highlight the excellent past performance of our project
team and the wide range of solutions that have been provided in response to each client's needs.
i
EXIHIBIT 1 =1 ~J
' Related Project Experiences and References (
Project Name: The City of Santa Ana FOG Program Development & Management
Client Contact: Cesar Barrera, P.E., Project Manager, Tel (714) 647-3387
EEC completed a comprehensive FOG Characterization Study involving:
• Evaluation of 70 FOG - related sewer system enhanced maintenance locations
• CCTV inspection data review support
• Over 700 FSE characterization inspections
• Outreach /education to FSEs to provide an understanding of the City's FOG Control Program
• Development of a FOG Characterization Report including a summary of key enhanced maintenance
locations and FSE data, as well as recommendations for further development of the Civs FOG
Control Program
EEC assisted with FOG Control Program development, including:
• Development of a FOG Control Program Manual including policies and procedures, FSE inspection
checklists, Notices of Non - Compliance (NNC) forms, and an enforcement response plan
• FOG Control Ordinance development
• Recommendations for education and /or enforcement for FSEs identified as causing or contributing to
FOG blockages
EEC conducted routine FSE FOG inspections
• Performed more than 1,400 FSE inspections involving Best Management Practices (BMP) and Grease
Removal Equipment (GRE) compliance inspections
• Provided education for each FSE inspected, explaining the FOG Control Program and the benefits of
controlling FOG discharge
• Conducted follow -up activities to ensure that identified compliance issues were adequately addressed
EEC currently manages the City's FOG Inspection Program including:
• Prioritizing FSEs based on enhanced maintenance location status, GRE status, and compliance history
• Management of waiver and variance review/ approval
• FOG inspection training for City inspectors
• Management and coordination of the FSE inspection data utilizing database and GIS tools
• Providing City inspectors with necessary equipment and forms
Costa Nilesa Sanitary District
Project Name: The Costa Mesa Sanitary District FOG Program Management
Client Contact: Rob Hamers, District Engineer, Tel (944) 631 -1731
EEC completed a comprehensive FOG Characterization Study involving:
• Prioritization of FOG - related sewer system Hot Spots
• CCTV Inspection and analysis of 45 FOG - related sewer system Hot Spots
• Management of FOG inspection program for the District's 500 FSEs
• Education of each FSE inspected explaining the FOG Control Program and the benefits of controlling
FOG discharge
• Development of a FOG Characterization Report which included a summary of all Hot Spot and FSE
data and recommendations for development of the FOG Control Program and FSE enforcement
follow -up inspections
City of Santa Ma - FOG Program Management Proposal 2
25H -16
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7
EEC assisted with FOG Control Program development, including:
• Development of a FOG Control Program Manual including recommended policies and procedures,
FSE inspection checklists, Notices of Violence (NOV) forms, and an enforcement response plan
• FOG Control Ordinance development
• Recommendations for education /enforcement for FSEs identified as causing /contributing to a FOG
blockage
EEC is currently conducting on -going FSE inspections and enforcement on a contract basis including:
• Performing more than 3,000 FSE inspections to this point involving Kitchen BMP and grease
interceptor /grease trap compliance inspections
• Education of each FSE inspected explaining the FOG Control Program and the benefits of the FSE
controlling their FOG discharge
• Conducting all of the FSE enforcement activities with the exception of the highest level enforcement
activities (e.g., requirement for a grease interceptor retrofit) which are conducted by the FOG Control
Program Manager based on EECs recommendations
• Prioritizing those FSEs that are upstream of sewer system Hot Spots
• Management of waivers and variances
• Management of the FOG data through database development and maintenance
EEC Currently manages the CMSD's FOG Program and inspectors, including.
• Prioritizing FSEs based on Hot Spots status, GRE status, and compliance history
• Management of waivers and variances
• Management of the FOG data through database development and maintenance
• Management of the FOG Program GIS
Project Name: The Orange County FOG Control Study & Program Development
Client Contact: Mahin Talebi/ Mark Kawanwto, Tel (714) 962 -2411
EEC conducted the Orange County FOG Control Studies (Phase 1 and Phase 2) involving:
• Research of numerous FOG Control Programs around the country
• Development of the FOG Characterization approach, the conditional waiver concept, and FSE
education, inspection and enforcement strategies
• Development of a Model FOG Control Ordinance
• Multiple regional stakeholder meetings involving topics such as ordinances, FSE inspection and
enforcement, Kitchen BMPs, grease interceptor design and sizing, FOG waste hauling and disposal
• Extensive field testing of FOG control technologies
EEC completed a comprehensive FOG Characterization Study involving:
• Prioritization of 36 FOG - related sewer system Hot Spots
• CCTV Inspection of 18 FOG - related sewer system Hot Spots
• Inspection of 215 FSEs
• Conducting education for each FSE inspected explaining the FOG Control Program and the benefits of
the FSE controlling their FOG discharge
• Development of a FOG Characterization Report which included a summary of all the Hot Spots and
FSE data and recommendations for development of the FOG Control Program and FSE enforcement
follow -up
EEC assisted in development of the FOG Control Program including:
• Development of a FOG Control Program Manual including recommended policies and procedures,
FSE inspection checklists, NOV forms, and an enforcement response plan
• Assisting in the development of the FOG Control Ordinance
• Recommendations for education and /or enforcement of the FSEs that were identified as causing or
contributing to a FOG blockage
City of Santa Ana - FOG Program Management Proposal
25H -17
EEC
3.0 WORKPLAN
The scope of work for the City's FOG Program Management RFP includes four tasks. The
specific details of each task as outlined in the RFP are discussed below. Also discussed below
are EEC's approach and management methods to successfully and effectively complete these
tasks.
3.1 TASK 1 — FOG CONTROL PROGRAM MANAGEMENT
The details of Task 1 include:
Program guidance document development
FOG Control Program management, including database and GIS management
FOG Control Program assessment and recommendations
1 As part of FOG Program Management, ECC will:
u
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PAW 14 AGNC`S A1rJ
MANAGM n+ITATt7NQF
■ Manage the FSE Database and GIS
■ Organize and manage the City's existing FOG Control Program data
• Review and update FSE inspections results into the associated databases and GIS, and
develop database forms and reports, to summarize the findings of these inspections.
■ Provide inspection forms, establish inspection schedules and coordinate and assign
inspection tasks to the City's Code Enforcement inspectors and EEC's compliance
inspectors.
• Conduct regular meetings with the City staff to evaluate the FOG Control Program, provide
recommendations, and to prioritize required activities.
• Provide monthly reports summarizing activities conducted and recommendations to the
City's FOG Control Program Manager.
• Develop Residential FOG educational/guidance materials and plan to address residential
grease discharge and disposal practices.
• On an as- needed basis, and using EEC's established knowledge and experience with similar
projects, develop and coordinate evaluation of the new and emerging grease control
technologies including grease removal devices and chemical/biological additives.
3.2 TASK 2 — FSE INSPECTIONS AND ENFORCEMENT ---
The City's FSEs are mapped in a GIS and linked to a comprehensive FOG Program database.
Integration of the GIS and FOG Program database will continue to be used for inspection and
enforcement management. The details of Task 2 are as follows:
• Coordinate /conduct permitting and select enforcement
inspections
• Coordinate /conduct grease removal equipment (GRE)
inspections
• Coordinate /conduct kitchen best management practices
(BMP) inspections
• Provide enforcement management (correspondence development and follow -up activities)
• Procure and provide FOG program educational materials
City of Santa Ana - FOG Program Management Proposal 4 EEC
EEC will conduct FSE inspections while providing bilingual educational materials which
emphasize the importance of improving kitchen practices to minimize FOG discharge to the City
' sewer system. Inspection types include:
A. Permitting Inspections
' EEC will conduct initial permitting inspections for new, change of ownership, and
remodeled FSEs. Through initial inspections, also referred to as FOG characterization,
EEC will identify the type of food, cooking equipment, and kitchen practices that may
' contribute FOG to the sewer system. Each FSE will be provided with bilingual FOG
cducational materials that will help the FSE reduce the amount of FOG released into the
' City's sewer system.
B. Grease Removal Equipment Inspections
EEC will conduct GRE inspections for FSEs with a grease interceptor or grease trap to
ensure each device is in good operating condition and appropriate maintenance practices
are implemented.
C. Best Management Practices Inspections
EEC will conduct BMP inspections to ensure compliance with all required kitchen
BMPs, including employee education and training practices
' D. Compliance Inspections
ECC will conduct follow up inspections for non - compliance issues when required by the
City's FOG Control Manager. This may include the issuance of notices of violation
' (NOVs) to FSEs that are found to be in non - compliance of the FOG control ordinance or
permit.
E. Enforcement Action Assistance
EEC will meet with FSE managers/owners or property owners to discuss violations,
enforcement, and help develop an appropriate corrective action plan to achieve and
maintain compliance. Based on the results of follow -up Source Inspections and
continued Notices on Non - Compliance (NNC)s, EEC will review, provide
recommendations, and assist the City with any enforcement actions required as a result of
' violations of ordinances NS 26-70 included in the Attachment D of the RFP.
EEC will provide the City's FOG Control Manager with monthly reports summarizing inspection
status and key findings.
3.3 TASK 3 — MAPPING SERVICES
1
Since 2004, EEC has provided GIS support services to the City, including determining the most
effective way to manage the City's FOG Control program. EEC has supported the City's
implementation of ESRI's ArcGIS software and Microsoft Access to manage inspections of the
more than 700 FSEs and 150 GREs. The integrated GIS and database system is also used to
manage issuance of NNCs and subsequent compliance inspections to ensure that FSEs are
adhering to the FOG control requirements. Utilizing these in -house developed GIS and database
resources, EEC will continue to provide effective and efficient inspection management services
for the City. EEC will also provide on -site GIS support, including geodatabase editing, feature
class development, and map document development.
City of Santa Ana - FOG Program Management Proposal
25H -19
EEC
' The GIS and database integration also provides customized tools that enable queries of the
copious amount of FSE data for data analysis and reporting. For example, an inspector or
' manager can find a sanitary sewer overflow or enhanced maintenance locations in the GIS and
readily identify the associated FSEs. Hyperlink tools in the GIS are provided to quickly query
the FSE database to return pertinent information related to FSE inspection histories, site pictures
' and inspection reports.
While the focus of this scope of work will be on FOG Program Management, EEC understands
that FOG is not the only reason for sanitary sewer overflows (SSO) and that a thorough
understanding of the sewer system is critical when reducing SSOs. EEC's experience in sewer
line characterization activities has provided a keen understanding of how hydraulic defects in the
' sewer, such as offset joints, roots, and sags can impact the ability of a sewer to transport grease
within the sewer system. Through utilization of GIS and FSE databases, EEC will provide
simple and efficient management solutions for organizing, managing and coordinating all sewer
' line enhanced maintenance locations related with FSE enforcement activities.
1.4 TASK 4 —TRAINING CITY STAFF ./
' EEC will continue to provide the City with FSE inspection process training. EEC developed and
currently conducts California's only Grease Interceptor Inspector Training Workshop for the
California Water Environment Association (formerly conducted for CalFOG). To date, seven
workshops have been conducted and over 400 inspectors have been trained by EEC. EEC
recently provided specialized training for 40 City of San Jose inspectors and has provided
training for several of the City of Santa Ana staff.
4.0 EVALUATION OF FOG ELIMINATING PRODUCTS
EEC conducted a two -phase study, the largest FOG
Control study in the country, on behalf of Orange
' County Sanitation District and 26 other cities and
wastewater agencies in Orange County, including the
City of Santa Ana. During the second phase (Phase Il)
of this study, EEC field - tested new FOG Control
Technologies such as Additives (both chemical and
' biological), Grease Removal Devices, and Interceptor
Monitoring Devices. The study provided detailed
results of the field- testing and provided testing,
' monitoring, and agency approval procedures for these
technologies.
EEC shares the City's openness for consideration of emerging technologies and alternatives for
' FOG control provided their effectiveness can be demonstrated without negative impacts to the
collection system or treatment facilities. While many products offer claims, the available data is
often insufficient to support the claims. EEC has provided product evaluation services and
' developed testing protocols for multiple products for multiple clients, including the City of Santa
Ana (McDonalds/Wa1Mart).
ICity of Santa Ana - FOG Program Management Proposal 6 WE
25H -20
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5.0 SATFFING
EEC has developed an exceptional reputation among our client base by providing rapid response
and unparalleled ability to successfully complete projects under difficult and sometimes
seemingly unreasonable project deadlines. These achievements are possible due to a core group
of dedicated managers and staff personnel who are self- driven, project -goal oriented, and always
keep in mind that the client's satisfaction and meeting community expectations are primary
goals.
5.1 KEY PERSONNEL
Exhibit 2 illustrates the EEC team's organization overseen by the City's FOG Control Manager.
The proposed team brings a wealth of FOG management and development experience. This
experience revolves around similar FOG control programs that were designed and implemented
for OCSD, IRWD, CMSD, the Cities of Orange, Fullerton, Buena Park, Stanton, and La Habra
which will be leveraged for this project. A brief description of key staff qualifications,
experience, and their commitment to this project are shown in Exhibit 3. Staff resumes are
included in Appendix A.
EXIHIBIT 2
Team Organization
City of Santa Ana - FOG Program Management Proposal 7
25H -21
EEC
5.2 PROJECT MANAGER —' -
Jim Kolk has served as the primary project manager for the City's FOG Program projects for the
' past four years and will continue to serve in this role (for a minimum of 1 year). Mr. Kolk will
provide overall management and leadership that will include maintaining an effective team,
ensuring availability of technical staff, maintaining quality, and resolving project issues. Jim has
' 17 years of experience involving project management, collection system assessments, and FSE
inspections. He has managed a variety of FOG projects involving program development,
ordinance development, CCTV assessment, inspections, permitting, enforcement, BMPs, GIS
development, and plumbing code compliance. Jim has managed many of EEC's FOG
characterization projects including over 350 Hot Spot characterizations, FOG source
identification and structural issues, and the assessment of cleaning effectiveness. He works with
' the latest CCTV equipment and data acquisition/assessment software and has managed Grease
Interceptor Conditional Waiver (or Variance) programs for several cities/agencies involving
granting, extending, or revoking waivers based on FSE inspection data and CCTV evidence of
' FOG accumulation in the sewer system.
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EXHIBIT 3
Summary of Key Staff Qualifications
City of Santa Ana - FOG Program Management Proposal
25H -22
EEC
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6.0 SUBCONSULTANTS ✓' r
Based on our staffing capabilities, EEC does not anticipate the need to hire sub - consultants, sub-
contractors, suppliers, and manufacturers for this project.
7.0 ADDITIONAL INFORMATION
EEC, in conjunction with the City's Public Works Department and iWater, is developing a
mobile application for the City's FOG inspectors. The advantages associated with development
and implementation of such technology include but not limited to reduced inspection prep -time,
direct data entry to the City's GIS database, easy access to FSEs locations and background data
associated to every FSEs being inspected.
EEC is integral in this development for having created Santa Ana's FOG program GIS and FSE
database. EEC has taken steps to deliver a geodatabase to the City that contains all locational
information, and inspection history, including compliance history for every FSE and GRE in the
City. Also included in this geodatabase is the characterization information for each FSE,
including: cooking equipment, floor sinks and drains, fixtures, and FOG producing cooking
practices.
1 Currently, as an addition to FOG Program Management, EEC manages FSE National Pollutant
Discharge Elimination System NPDES inspections for the City. EEC records Orange County
Health Care Agency ( OCHCA) NPDES inspection results in the FOG database. When an FSE is
due to be inspected for FOG Program purposes, and if it has recent OCHCA NPDES violations,
it is flagged and the necessary NPDES follow ups are conducted at the same time as the FOG
Program inspections.
EEC's unique characterization approach to sewer line assessment will help the City in
proactively identifying new or potential enhanced maintenance locations to prevent SSOs before
they occur (predict where FOG blockage issues may be developing). This characterization
approach will also help the City in identifying and prioritizing locations in need of residential
FOG education and outreach, allowing the City to utilize limited resources where they are
needed most.
City of Santa Ana - FOG Program Management Proposal 9
25H -23
EEC
8.0 REFERENCES
We have included several project references in Exhibit 4. We strongly encourage you to contact
the listed references to learn about our capabilities, project performance, and quality of work.
EXHIBIT 4
EEC Client ReferP_nr,P_Q
City of Santa Ana - FOG Program Management Proposal 10 we
25H -24
Project Scopes
Contact Name
Co n tact N Ll III bel'
City o!BrISt1$
sy
City of La Habra
FOG Control, Stormwater,
Carlo Nafarrete,
GIS
Water/Sewer Manager
(562} 905 -8792
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R+IY +RfRV���j�
�ViiL`.D� S• jY• t
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.•: va4�[A.c. -
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Irvine Ranch Wafter
FOG Control and Sewer
Wayne Posey, Director of
District
Collection System
Wastewater Operations
(949) 453 -MM
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Ai
FOG Control Program
Betsy Betros,
Johnson County,
Modifications, Plumbing
Pollution Control Division
Kansas
Code Modifications and
Director
(913} 715 -6900
FOG Inspections
Environmental Dept.
City of Santa Ana - FOG Program Management Proposal 10 we
25H -24
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
AMENDMENT TO AGREEMENT WITH
REDLANDS SOFTWARE FOR GIS
PROGRAMMING AND CONSULTING
SERVICES
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached amendment to
the agreement with Redlands Software Inc. to provide Geographic Information System
programming and technical services to the Public Works Agency in an amount not to exceed
$50,000 subject to nonsubstantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency continues to expand the Geographic Information System (GIS) and is
working on projects for agencies throughout the City. Programming and technical services are
needed to assist with the implementation of these projects. The work to be done includes assisting
staff with project design and set -up, programming, and technical database support.
The consultant is currently working on redesigning the City's GIS viewer and on translating the
recent base map data received from the County. This work is expected to be completed in fall
2010; however the existing agreement will be expended before the assigned work is complete.
It is recommended that an amendment to the existing agreement be approved so that the work
can be completed without interruption.
Redlands Software performs specialized programming and consulting services and was
previously selected based on qualifications, past experience and capacity to perform the
required work. Redlands Software has performed well and at this time it is recommended that
an amendment to the agreement with Redlands Software Inc. be approved for a not -to- exceed
cost of $ 50,000 for a total agreement amount of $144,000.
251 -1
Amendment to Agreement with Redlands Software
May 3, 2010
Page 2
FISCAL IMPACT
The amendment will be limited to a cost of $ 50,000. Funds to pay for these services are available
and budgeted in the Public Works Administration program (accounting unit 10117601 - 62300).
-"koz
Raul Godinez I
Executive Direc r
Public Works Agency
RG/TLC
Exhibit 1. Amendment
APPROVED AS TO FUNDS AND ACCOUNTS:
i✓r3
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
251 -2
FIRST AMENDMENT TO AGREEMENT
T
HIS FIRST AMENDMENT TO AGREEMENT, is entered into on May 3, 2010, by and between
REDLANDS SOFTWARE, INC. (hereinafter "Consultant "), and the City of Santa Ana
(hereinafter "City ").
RECITALS:
A. The parties entered into Agreement # A- 2009 -116, dated August 3, 2009, (hereinafter "said
Agreement ") by which Consultant has provided Geographic Information System programming
and technical services.
B. The parties wish to increase available compensation to allow Consultant to provide additional
programming and technical services to expand the City's Geographic Information System for
use by various City agencies.
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 First Amendment to
Agreement, the parties agree as follows:
1. Exhibit A, SCOPE OF SERVICES, shall be amended to provide that Consultant shall
complete the redesign of the City's GIS viewer and also translate the base map data received from
the County of Orange for inclusion in the City's GIS database.
1. Section 2. a., "COMPENSATION ", shall be amended to increase total compensation available
by $50,000, for a total not to exceed amount of $144,000.00. Said services shall be provided on
an hourly rate basis as set forth in Exhibit A of said Agreement.
2. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement
on the date and year first written above.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Laura Sheedy
Assistant City Attorney
DAVID N. REAM
City Manager
REDLANDS SOFTWARE
RICHARD McFARLAND
President
EXHIBIT 1
251 -3
251 -4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
ACQUISITION OF RIGHT OF WAY FOR
THE OCTA AT- GRADE RAIL SAFETY
ENHANCEMENT PROJECT
(PROJECT 091745)
mr�vwz"offfl �
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 Clerk of the Council to execute the attached acquisition agreement,
subject to non - substantive changes approved by the City Manager and City Attorney, with John M.
Mitchell and Darla R. Mitchell, Trustees of the Mitchell Family Trust U.D.T. Dated July 1, 1987, for
the purchase of a portion of the property located at 1701 E. McFadden Avenue the amount of
$28,500.
DISCUSSION
On October 20, 2008, City Council approved a cooperative agreement with Orange County
Transportation Authority (OCTA) for the At -Grade Crossing Enhancement Program at ten crossings
in the city. Improvements include medians, roadway signing and striping, pedestrian gates and other
vehicular gate enhancements. OCTA is the lead agency for this project and the City matches 12
percent of the costs and is responsible for acquiring the right -of -way on OCTA's behalf.
The purpose of this program is to enhance railroad safety and make the streets and roads safer for
the community. One of the railroad crossings to be enhanced as a result of this program is at
Seventeenth Street. To install the improvements at this crossing, OCTA determined that acquisition
of 416 square feet will be required from the property at 1701 E. McFadden Avenue. The
compensation amount is the appraised value prepared by an appraiser licensed in the State of
California.
ENVIRONMENTAL IMPACT
A Notice of Exemption and Categorical Exemption — Class 1 (f): Safety Protection Devices (ER #
2008 -159) has been prepared for the project and is consistent with both of these agreements.
25J -1
Acquisition of Right -of -Way
OCTA At -Grade Rail Safety Program
May 3, 2010
Page 2
FISCAL IMPACT
Funds for the City's share of the costs are available in Select Street Construction, Measure M Street
Construction program (accounting unit 03217660- 66220).
— Q96.1�414__
Raul Godinez II
Executive Direct
Public Works Agency
RG /SA
Exhibit 1: Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
I ntl m't�s 11., -,
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25J -2
PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter "PSA "), entered into on
_________________, 2010, between the CITY OF SANTA ANA, a charter city and
municipal corporation duly organized under the Constitution and laws of the State of California
(hereinafter "City" or "Buyer"), and the Mitchell Family Trust and the Lyle B. Mitchell Trust (hereinafter
"Seller "), regardless of number or gender;
THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and
subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City
agrees to purchase from Seller, a portion of that certain real property (hereinafter "Said Real
Property ") legally described and depicted as follows:
SEE EXHIBIT "A" — Legal Description
and EXHIBIT "B" — Graphical Depiction
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion of 1701 E. McFadden Avenue, Santa Ana, Ca)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the
following terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Conveyance b Seller. Seller agrees to convey Said Real Property to City, by Grant Deed,
within thirty (30) days from and after the date on which the City has approved this PSA.
2. Title to be Conveyed. (a) The Seller's interest to the Real Property will be conveyed to City
by Seller by Grant Deed as set forth in Exhibit "C" to this PSA.
(b) Seiler agrees to convey to City a Temporary Construction Easement (hereinafter "TCE ") as
described in the attached Exhibit "A -1" and depicted on the attached Exhibit "B." The TCE is also
described in greater detail in Exhibit "D," the TCE Deed, attached hereto and by this reference
made a part hereof
3. Pronerty Taxes. Real property taxes, if any, on Said Real Property for the fiscal year within
which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be
cleared and paid in accordance with the provisions of Section 4986 and 5081 of the Revenue and
Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years
prior to the fiscal year within which said conveyance is made shall be paid by Seller before
conveyance of Said Real Property to City.
4 Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from
City, as and for the full purchase price for Said Real Property, fixtures & equipment, improvements
pertaining to the realty, goodwill (if any), severance damages (if any), and a TCE, the total sum of
Twenty -Seven Thousand Four Hundred Seventy and No /100 Dollars ($28,500.00).
5. Deadline for Payment of Purchase Price. City agrees to pay the settlement amount of
Twenty -Six Thousand and Noll 00 Dollars ($26,000.00) to Seller, and Two Thousand Five Hundred
and No /100 Dollars ($2,500.00) to Said Real Property's Lessee, Rosendo Villa, Sr., compensation
for the improvement impact, payable to Lessee per Seiler, within THIRTY (30) days from receipt of a
fully executed Grant Deed and confirmation that Seiler has marketable title to Said Real Property.
6. Recordation of Grant Deed. Buyer shall not record the Grant Deed until City has paid Seller
the full Purchase Price for Said Real Property.
25J -3
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real
Property to City is recorded, quiet and peaceful possession of Said Real Property.
8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained
on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other
breach of said covenant or agreement nor a waiver of any breach of any other covenants or
agreements contained herein.
9. Heirs, Asslans, Successors -in- Interest. This PSA, and all the terms, covenants and
conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and
assigns of the respective Parties hereto.
10. Time is of the Essence. In all matters and things hereunder to be done and in all payments
hereunder to be made, time is and shall be of the essence.
11. Permission to Enter on Premises. It is understood and agreed that for project planning and
funding purposes the Seller hereby grants to Buyer and authorized agents or contractors, the right of
possession to the area described In Exhibit "A -1 "$ "B" and "D" to perform the work described in
Paragraph 25. However, said right of possession and use shall not be exercised prior to the Buyer,
or Buyer's agent, providing Seller with a 48 -hour prior written notice to perform the construction items
listed in Paragraph 25 below.
The right to use the property shall continue in effect for a period of six (6) months. All efforts shall be
made to complete the described work within the proscribed period of time; however, extraordinary
circumstances may occur which may require additional time to complete the work (i.e. rain, labor
dispute, shortage of materials). It is agreed that should the actual use extend beyond the time period
delineated above, and the occurrence is verified through the contractor or City /State project
inspection logs, the Buyer agrees to pay at the rate of $133.33 per month, prorated to the actual date
of Buyer's termination of use.
It Is further understood that in no event shall the Buyer's use of the property exceed the early of either
the term of the TCE described above or the project completion date.
12. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O.
Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing
address of the Seller is:
Mitchell Family Trust
Lyle B. Mitchell Trust
8961 Ernest Fulsom Drive
Garden Grove, CA 92841 -4606
13. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the
whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all
issue(s) that were raised or could have been raised in connection with the acquisition of Said Real
Property by City.
14. Expiration of Agreement. This PSA shall terminate and become unenforceable by any Party
if City has not completed the acquisition of Said Real Property and paid the Purchase Price therefore
to Seller before March 15, 2010.
15. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and
against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising
out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any
Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the
25J -4
Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation,
permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or
transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity
shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense
arising from or out of any claim, action, suit or proceeding for personal injury (including sickness,
disease, or death, tangible or intangible property damage, compensation for lost wages, business
income, profits or other economic loss, damage to the natural resource or the environment,
nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment).
This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller
shall not be responsible for acts or omissions to act post close of this escrow.
16. Modification and Amendment. This PSA may not be modified or amended except in writing
signed by the Seller and City.
17. Partial invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion
of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect,
but all the remaining provisions of this PSA shall remain in full force.
18. Captions. Captions and headings in this PSA, including the title of this PSA, are for
convenience only and are not to be considered in construing this PSA.
19, Governing Law. This PSA shall be governed by and construed in accordance with the laws
of the State of California.
20. No Reliance By One Party On The Other. Each party has received independent legal advice
from its attorneys with respect to the advisability of executing this PSA and the meaning of the
provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or
against any party based upon any attribution to such party as the source of the language in question.
21. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no
other person or entity has or shall acquire any rights hereunder.
22. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other,
execute and deliver such further documents (in form and substance reasonably acceptable to the party
to be charged) and do such other acts and things as are reasonably necessary and appropriate to
effectuate the terms and conditions of this PSA, without cost.
23. Applicability of Agreement To Asslanees. This PSA shall be binding upon and shall inure to
the benefit of the successors and assigns of the Parties to this PSA.
24. Authority to Execute Agreement. 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 PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, In fact, held by the signatory
or is withdrawn.
25. Construction Contract and Curative Work.
(a) It is understood and agreed by and between the parties hereto in addition to the
compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or assigns, shall
perform the following construction contract items at the time of the Installation of the proposed
project: NONE.
25J -5
(b) It is understood and agreed by and between the parties hereto that the compensation paid to
Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct
and /or refurbish the following improvements located on the Property:
i. Landscaping
26. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this PSA.
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first
written above.
SELLER:
City /Buyer
City of Santa Ana
David N. Ream
City Manager
Attest:
Maria D. Huizar
City Clerk
Approved as to Form:
Joseph W. Fletcher
City Attorney
J'
J oA 6 -a nZI oval
aging Senior Assistant City Attorney
Date: 2 -119— , 2010
Date: ,— , 2010
Date: , 2010
Date: 12010
Date: 4-fWkAL , 2010
25J -6
Coast Surveying, Inc.
July 9, 2003
EXHIBIT "A"
LEGAL DESCRIPTION
MCF -PCL -1
THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED
JANUARY 25, 1988 AS DOCUMENT NO. 88- 034693 OF OFFICIAL RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE LAND
DESCRIBED IN SAID DEED TO JOHN M. MITCHELL, SAID LINE ALSO BEING THE
SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY AND THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE
AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA,
RECORDED JANUARY 15, 1974 IN BOOK 11057, PAGE 905, OFFICIAL RECORDS IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHERLY RIGHT OF
WAY LINE OF MCFADDEN AVENUE NORTH 90 000'00" WEST 30.00 FEET; THENCE NORTH
44 °48'36" EAST 19.35 FEET TO SAID SOUTHWESTERLY RIGHT OF WAY LINE OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY; THENCE ALONG SAID
SOUTHWESTERLY LINE SOUTH 50 000'00" EAST 21.36 FEET TO THE POINT OF
BEGINNING.
CONTAINING 206 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 91h DAY OF JULY, 2008. • ANO S,
DEL
"'Ivev�—jj 61
GWEN -VERA DEL CASTILLO, PLS 5108 L. S. 5108 O T
REGISTRATION EXPIRES 6130109 EXP. 6/30/09
Jn 107069 -04 Santa Ana MCF -PCL -I
25J -7
CA�\o`
Pon. LOT d
STAFFORD AND TUSTON 5 \
TRACT M.R.L.A. 2 / 616 s•
DOCK. No. 8"34693 O.R. 1 �
I
N' LY LINE
- 11057/905 O.R. 3 6 2 P.O.C.
w T.C.E.
w
T.P.0.8.
T.C.E.
z
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(C-P
McFADDEN AVENUE
BEARING DISTANCE
1 S50 ° 00' 00" E 21. 36'
2 N90° 00' 00" W 30. 00'
® 3 N90"00'00'1-1 7, 05'
4 N440 48' 36" E 23. 90'
TEMPORARY CONSTRUCTION 5 S50 ° 00' 00" E 5. 02'
EASEMENT 6 S44° 48' 36" W t9.35'
JOB #:107-069
DATE: 7407/08 COAST SURVEYING, INC.
SCALE: 1"=20' RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT �soat PARKWAY LOOP, 4) 9 B
HEET 1 OF 1 7USTIN, CA 92780 -6527 (714) 918 -8266
.AMCF- PCL -1.dgn 7/9/2008 1:37:44 PM
"Bel
Coast Surveying, lnc.
July 9, 2008
EXHIBIT "A"
LEGAL DESCRIPTION
LYN -PCL -2
THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED
JANUARY 25, 1988 AS DOCUMENT NO, 68- 034693 OF OFFICIAL RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID
DEED TO JOHN M. MITCHELL, SAID CORNER BEING ON THE EASTERLY RIGHT OF WAY
LINE OF LYON STREET (30 FOOT HALF WIDTH); THENCE ALONG SAID EASTERLY LINE
SOUTH 00 °00'00" WEST 27.67 FEET; THENCE NORTH 45 °25'36" EAST 20.68 FEET; THENCE
NORTH 00 025'39" EAST 0.79 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE ALONG SAID
SOUTHWESTERLY LINE NORTH 50 000'00" WEST 19.24 FEET TO THE POINT OF
BEGINNING.
CONTAINING 210 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 9h DAY OF JULY, 2008. AND S
&jyj -,Ve ra- Ax_�_aa&
DEL
GWEN -VERA DEL CASTILLO, PLS 5108 L.S. 5108 «
REGISTRATION EXPIRES 6/30/09 n EXP. 6/30/09
Jn 107069 -04 Santa Ana LYN -PCLr2
25J -9
C A'
NOF?MANOY P'-P'CE _ ----�'
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I �
7 \30' 30'
I T. P. 0. B. S'
T. C. E. 6
5 4
® TEMPORARY CONSTRUCTION
EASEMENT
PO H. LOT i
BEARING DISTANCE 87AFFOo RD AIND TUSTPH
1 NO0° 00' 00" E 27. 67' TRACT H.H.L .A° 2/6118
2 S50 ° 0 0' 0 0 " E 19. 24' Doc. H(D. 8"W93 G.R.
S50° 00' 00" E 5. 58'
4 S45° 25' 36" W 26. 69'
5 NOO° 00' 00" E 7. 02'
6 N45° 25' 36" E 20.68'
7 NO 0 ° 25' 39" L 0. 79'
JOB
DATE: 7 07 08 C�� S / SURVEYING, INC.
SCALE: 1"=26'- 15031 PARKWAY LOOP, SUITE 6
SHEET 1 OF 1 RIGHT OF WAY &TEMPORARY CONSTRUCTION EASEMENT TUSTIN, CA 92780 -6527 (714) 918 -6268
...1LYN- PCL -2.dgn 7/9/2008 1:41:21 PM
25J -10
When recorded, please mail this
Instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M -30
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exhibit "C"
CANCEL
TAXES
X
APPROVED AS TO
FOWDYATTY.
APPROVED BY
DIRECTOR
DESCRIPTION
IIRITTENBY
DESCRIPTION
CIIECKED•O.K.
Ax.
NUMBER 402-042-01
RAY MAP
NI1AffiER
PROJECT
Ni1dtBER
PoAion of 1701 E. McFadden Avenue, Santa Ana, CA
DEED NUMBER
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
John M. Mitchell and Daria R. Mitchell, Trustees of the Mitchell Family Trust U.D.T. dated July 1, 1987, as to
an undivided % interest, and Lyle B. Mitchell, Trustee of the Lyle B. Mitchell Trust initially created August 25,
1988, as to an undivided'/ interest.
Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the
Constitution and laws of the State of California, easement for public right -of -way purposes in, on, over under, and
through the real property in the City of Santa Ana, County of Orange, State of California, located at 1701 E.
McFadden Avenue, described as follows:
SEE EXHIBITS "A" AND "B° ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
For: The Mitchell Family Trust & Lyle B. Mitchell Trust
Dated
By: John M. Mitchell, Trustee
Dated
By: Darla R. Mitchell, Trustee
State of California d
County of
On before me, a Notary Public, personally
appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) Is /are subscribed to the within Instrument and
acknowledged to me that he /she /they executed the same In his/her /their authorized capacily(les), and that by his/her /their
signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true
and correct.
WITNESS my hand and official seal.
Signature (This area for official notary seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
25J -11
Coast Surveying, Inc.
July 9, 2008
EXHIBIT "A"
LEGAL DESCRIPTION
MCF -PCL -1
THAT PORTION OF LOT J OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
,
RECORDED IN
BOOK 2 PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED
JANUARY 25, 1988 AS DOCUMENT NO. 88- 034693 OF OFFICIAL RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE LAND
DESCRIBED IN SAID DEED TO JOHN M. MITCHELL, SAID LINE ALSO BEING THE
SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY AND THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE
AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA,
RECORDED JANUARY 15, 1974 IN BOOK 11057, PAGE 905, OFFICIAL RECORDS IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHERLY RIGHT OF
WAY LINE OF MCFADDEN AVENUE NORTH 90 000'00" WEST 30.00 FEET; THENCE NORTH
44 048'36" EAST 19.35 FEET TO SAID SOUTHWESTERLY RIGHT OF WAY LINE OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY; THENCE ALONG SAID
SOUTHWESTERLY LINE SOUTH 50 °00'00" EAST 21.36 FEET TO THE POINT OF
BEGINNING.
CONTAINING 206 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 9" DAY OF JULY, 2008.
GWEN-VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6130109
in 107069 -04 Santa Ana MCF -PCL -i
25J -12
AND
DES!,
yr o
-e c L.S. 5108 0 T
�� EXP. 6/30/09
POGO. LOT d
STAFFORD AND TUSTUN
TRACT H.R.L.A. 2 / 618
DO C. No. @"34693 O.R.
I
�- N' LY LINE
11057/905 O.R.
w
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I
T.P.O.B.
T. C. E.
151. 5
McFADDEN AVENUE
TEMPORARY CONSTRUCTION
EASEMENT
6) \ P.O.C. \
T. C. E.
BEARING DISTANCE
I S50 °00' 00 °E 21.36'
2 N90 ° 00' 00" W 30. 00'
3 N90000' 00'W 7. 05'
4 N44° 48' 36'E 23, 90'
5 S50° 00' 00" E 5. 02'
6 S44° 48' 36" W 19,35'
wv
ATE: 7407/081 C1" Q4 57 SURVEYING, INC.
SCALE: 1"=2 g RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT 1503e PARKWAY LOOP, e
HEFT 1 OF 1 TUSTIH, CA 92780 -6527 (714) 4) 9118-6266
.AMCF- PCL -1.dgn 719/2008 1 :37:44 PM
25J -13
Coast Surveying, Inc.
July 9, 2008
EXHIBIT "A"
LEGAL DESCRIPTION
LYN -PCL -2
THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED
JANUARY 25, 1988 AS DOCUMENT NO. 88- 034693 OF OFFICIAL RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID
DEED TO JOHN M. MITCHELL, SAID CORNER BEING ON THE EASTERLY RIGHT OF WAY
LINE OF LYON STREET (30 FOOT HALF WIDTH); THENCE ALONG SAID EASTERLY LINE
SOUTH 00 °00'00" WEST 27.67 FEET; THENCE NORTH 45 025'36" EAST 20.68 FEET; THENCE
NORTH 00 °25'39" EAST 0.79 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE ALONG SAID
SOUTHWESTERLY LINE NORTH 50 000'00" WEST 19.24 FEET TO THE POINT OF
BEGINNING.
CONTAINING 210 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 9" DAY OF JULY, 2008. L AND S
DEt,
LO LS 510'
GWEN VERA DEL CASTIL , P 8 L. S. 5108
REGISTRATION EXPIRES 6130109 > EXP. 6/30/09 ��
Jn 107069 -04 Santa Ana LYN -PCL -2
25J -14
C
NOR ANDY P-AC- _ ----r
r
\ I
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T.C.E. 2
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7 \
30' 30' h
1 3
I T.P.O.B. s'
T.C.E. 6
5 4
® TEMPORARY CONSTRUCTION
EASEMENT
pOR. LOOT d
BEARING DISTANCE BT'AFFORDD Ai`t�1D5fMS11IN
1 NOO° 00' 00" E 27. 67' TRACT H.R.L.A. 2/618
2 S50° 00' 00" E 19. 24' DOC. II Q as-03W93 (D.H.
3 S50 °00' 00 °E 5. 58'
4 S45° 25' 36° W 26. 69'
5 N00° 00' 00° E 7. 02'
6 N45° 25' 36" E 20.68'
7 N00° 25' 39" E 0.79'
Joe .7-
DATE: 7/07/08 COA �j T SURVEYING, INC.
SCALE: 1"=20' 15031 PARKWAY LOOP, SUITE 8
SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTIN, CA 92780 -6527 (714) 918 -6266
..ALYN- PCL -2.dgn 7/9/2008 1:41:21 PM
25J -15
When recorded, please mall this
Instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M•36
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER GOVERNMENT CODE
SECTION 6103
CANCEL
AOENCY(JES)
APPROVED BY
DESCRIPTION
DESCRIPTION
A.P.
RfWMAP
PROJECT
TAXES
PUBLIC WORKS
DIRECTOR
WRITTEN BY
CHECKED•O.K
NUMBER
NUMBER
NUMBER
402- 042 -01
Portion of 1701 E. McFadden Avenue, Santa Ana, CA
Exhibit "D"
TEMPORARY CONSTRUCTION EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
John M. Mitchell and Darla R. Mitchell, Trustees of the Mitchell Family Trust U.D.T. dated July 1, 1987, as to an undivided
Interest, and Lyle B. Mitchell, Trustee of the Lyle B. Mitchell Trust Initially created August 25, 1988, as to an undivided % Interest.
Does Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws
of the State of California, , a temporary easement for purposes Incidental to construct the proposed improvements to 1701 E. McFadden
Avenue, in, on, over and across that certain real property In the City of Santa Ana, County of Orange, State of California, as described and
depicted on "Temporary Construction Exhibits 'Al' and W, which Is attached hereto by reference and made a part hereof.
This permission Is granted subject to the following conditions being fulfilled by City:
(A) Additional construction parameters within the Temporary Construction area will be as follows:
(B) During construction of driveway approaches, access to the business will be maintained at all times. In some cases, construction of one -
half of a driveway approach at a time may be required. At no time, the contractor shall block access to the business during construction.
(C) City shall Indemnify the undersigned against and hold the undersigned harmless of any loss of or damage to any property, or injury or
death of any person whomsoever, proximately caused in whole or in part by negligence of City of by any act or omission for which the
City is liable In the exercise of the rights herein granted.
it Is understood that the period of use of said easement shall exist for a period of no more than 6 months and shall commence with the first
entry of owner's property by City s contractor. In the event that actual use extends beyond 6- months, and said use is verified through the
City's /State contractor log, the City shall pay the owner at the rate of $133.33 per month prorated to the actual date said use terminates.
This easement shall terminate upon completion of said construction and In any event shall cease and terminate not later than August, 2011.
Date:
2010
By:
By: John M. Mitchell, Trustee
STATE OF CALIFORNIA }ss.
COUNTY OF t
By:
By: Darla R. Mitchell, Trustee
On 2010, before me,
personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) Is /are subscribed to the within Instrument and acknowledged to me that he /she /they executed the some in hls/her /their authorized capacity(ies), and
that by his/her /their signature(s) on the Instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 1s true and correct.
Signature
SIGNATURE OF NOTARY PUBLIC
25J -16
PLACE NOTARY SEAL ABOVE
Coast Surveying, Inc.
July 9, 2008
EXHIBIT "A -1"
LEGAL DESCRIPTION
MCF -PCL -1
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED
JANUARY 25, 1988 AS DOCUMENT NO. 88- 034693 OF OFFICIAL RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF THE LAND
DESCRIBED IN SAID DEED TO JOHN M. MITCHELL, SAID LINE ALSO BEING THE
SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY AND THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE
AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA,
RECORDED JANUARY 15, 1974 IN BOOK 11057, PAGE 905, OFFICIAL RECORDS IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHERLY RIGHT OF
WAY LINE OF MCFADDEN AVENUE NORTH 90 000'00" WEST 30.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 44 °48'36" EAST 19.35 FEET TO SAID
SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY RIGHT OF WAY; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH
50 °00'00" WEST 5.02 FEET; THENCE SOUTH 44 °48'36" WEST 23.90 FEET TO SAID
NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE; THENCE ALONG SAID
NORTHERLY LINE NORTH 90 000'00" EAST 7.05 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 108 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 91h DAY OF JULY, 2008. �O L AND S
DEl, c��LF
GWEN -VERA DEL CASTILLO,
PLS 5108 '' L. S. 5108 0
REGISTRATION EXPIRES 6/30/09 EXP. 6/30/09
Sn 107069 -04 Santa Ana MCF -PCL -1 TCE
25J -17
C
POR. LOT J
STAFFORD IaND TUSTIN
TFtIaCT VI.f�.L.A. 2 G1
�- N' LY LINE
11057/905 O.R.
Lil
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S• 5 \
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T.C.E.
MCFADDEN AVENUE
TEMPORARY CONSTRUCTION
EASEMENT
BEARING
DISTANCE
1 S50° 00' 00' E
21.36'
2 N90 ° 00' 00' W
30, 00'
3 N90° 00' 00' W
7.05'
4 N44° 48' 36' E
23.90'
5 S50° 00' 00' E
5. 02'
6 S44° 48' 36' W
19.35'
JVtl
SCALE: 71 07208 COAST SURVEYING, INC.
RIGHT OF WAY &TEMPORARY CONSTRUCTION EASEMENT 15031 PARKWAY LOOP, SUITE 8
SHEET 1 OF 1 TUSTIN, CA 92780 -6527 (714) 918 -6266
AWUL '- HUL.- 1.clgn flyllUU8 1:3%:44 PM
25J -18
Coast Surveying, Jnc.
July 9, 2008
EXHIBIT "A -1"
LEGAL DESCRIPTION
LYN -PCL -2
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT "J" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 2, PAGE 618, MISCELLANEOUS RECORDS OF LOS ANGELES
COUNTY, AS DESCRIBED IN THE DEED TO JOHN M. MITCHELL, ET AL RECORDED
JANUARY 25, 1988 AS DOCUMENT NO. 88- 034693 OF OFFICIAL RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN SAID
DEED TO JOHN M. MITCHELL, SAID CORNER BEING ON THE EASTERLY RIGHT OF WAY
LINE OF LYON STREET (30 FOOT HALF WIDTH); THENCE ALONG SAID EASTERLY LINE
SOUTH 00 000'00" WEST 27.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 45 025'36" EAST 20.68 FEET; THENCE NORTH 00 025'39" EAST 0.79 FEET TO THE
SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 50 000'00"
EAST 5.58 FEET; THENCE SOUTH 45 025'36" WEST 26.69 FEET TO SAID EASTERLY RIGHT
OF WAY LINE OF LYON STREET; THENCE ALONG SAID EASTERLY LINE NORTH 00 000'00"
EAST 7.02 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 120 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A
PART HEREOF.
DATED THIS 9" DAY OF JULY, 2008. 0 AND S
DEL
c
GWEN -VERA DEL CASTILLO, PLS 5108 L.S. 5108 a
REGISTRATION EXPIRES 6/30109 % EXP. 6/30/09
Jn 107069 -04 Santa Ana LYN -PCL -2 TCE
25J -19
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30' 30' �
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(D— 4
® TEMPORARY CONSTRUCTION
EASEMENT
pOR. LOT i
BEARING DISTANCE STAF OO RD ANN TMS40b
1 NOD° 00' 00° E 27, 67' TRAC • MLG°3vL.A. 2/618
2 S50 ° 00' 00" E 19. 24' DOC . NO. 88-0 O3 O.R.
3 S50° 00' 00° E 5.58'
4 S45° 25' 36" W 26. 69'
5 N00° 00' 00' E 7, 02'
6 N450 25' 36" E 20. 68'
7 N00° 25' 39° E 0,79'
.roe
DATE: 7407/08 COAST SURVEYING, INC.
SCALE: 1"=20' 15031 PARKWAY LOOP, SUITE 8
SHEET 1 OF 1 RIGHT OF WAY & TEMPORARY CONSTRUCTION EASEMENT TUSTIN. CA 92780 -6527 (714) 918 -6266
1LYN- PCL -2.dgn 7/9/2008 1:41:21 PM
25J -20
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
AMENDMENT TO AGREEMENT WITH
O'REILLY AND ASSOCIATES FOR
PLANNING AND IMPLEMENTATION OF
BUSINESS SERVICES AT THE
SANTA ANA WORK CENTER
�v=
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s` Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached amendment to
the agreement with O'Reilly & Associates in the amount of $60,000 for a total agreement amount
not to exceed $98,000, subject to non - substantive changes approved by the City Manager and
City Attorney for consulting services relating to workforce training.
DISCUSSION
Since July 2008, the Santa Ana WORK Center has been one of twelve One -Stop Centers across
the state that has operated as a learning lab to pilot a new Service Integration Model. While the
new model has resulted in a significant increase in program enrollments, the system needs to be
analyzed to identify areas of opportunity for improvement.
On November 2, 2009, City Council approved an agreement with O'Reilly and Associates to
assist WORK Center staff and its partners with applying Quality Management principles to its
Integrated Service Delivery Model. O'Reilly worked with staff and developed a plan of action,
which was presented to WORK Center management in April 2010.
The action plan focuses on modifying seven key areas of the service model that will result in
improved employment opportunities for Santa Ana's workforce. Areas of opportunity include, but
are not limited to: business services, job search resources, assessments and space planning to
facilitate services. Rapid Response funds will be used to enhance business services and
Dislocated Worker funds will be used to enhance services for workers that have been laid -off.
Staff recommends an amendment to the agreement with O'Reilly and Associates be approved for
consulting services to assist in the plan's implementation.
25K -1
Amendment to O'Reilly & Associates
May 3, 2010
Page 2
FISCAL IMPACT
Funds for this contract are available in the Rapid Response, Adult and Dislocated Worker
accounts (account no. 12318756- 62300, 12318753 -62300 and 12318754 - 62300).
Cynthia J. N- el
Deputy City Manager for
Development Services
Community Development Agency
CJN /LS /CR/sv
Exhibits 1. Amendment
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25K -2
AMENDMENT TO AGREEMENT UNDER
THE WORKFORCE INVESTMENT ACT
THIS AMENDMENT, made and entered into this _ day of May, 2010, by and between O'Reilly and
Associates ( "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 ").
RECITALS
A. The City and Consultant entered into that certain Agreement Under the Workforce Investment Act dated
November 2, 2009, hereinafter referred to as "said Agreement" for Consultant to assist with analysis, review and
implement plans and policies related to the Santa Ana WORK Center's Service Integration.
B. The parties hereto now desire to amend said Agreement to extend the term, add additional funds and update
the Scope of Work.
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 "Time Period of Agreement" shall be amended to extend the term to December 31, 2010.
2. Section 3 "Scope of Services" shall be updated to include the services as set forth in Exhibit A,
attached hereto and incorporated herein by reference.
3. Section 6 "Compensation" shall be amended to add additional funds of Sixty Thousand Dollars
($60,000), so that the total amount of Compensation to Consultant under said Agreement and this Amendment
shall not exceed Ninety Eight' €housand Dollars ($98,000).
4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and
year first above written.
ATTEST: CITY OF SANTA ANA, a municipal
corporation of the State of California
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By: Lisa E. Storck
Assistant City Attorney
David N. Ream
City Manager
"CONSULTANT"
O'Reilly and Associates
By: Paul O'Reilly
EXHIBIT 1
25K -3
25K -4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
AGREEMENT AMENDMENT WITH DR. ❑ As Recommended
SCOTT WELDY TO PROVIDE VETERINARY El Amended
El O Or rdinance on 1S' Reading
SERVICES FOR THE SANTA ANA ZOO AT ❑ Ordinance on 2nd Reading
PRENTICE PARK ❑ Implementing Resolution
❑ Set Public Hearing For_
�11 ilt�l
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement
amendment with Dr. Scott Weldy for the provision of veterinary services at the Santa Ana Zoo at
Prentice Park in the amount of $75,000, subject to non - substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
The Santa Ana Zoo at Prentice Park is required by the United States Department of Agriculture
and the Association of Zoos and Aquariums (AZA) to provide veterinary services for the collection
of animals maintained at the Zoo. Dr. Scott Weldy has provided veterinary services for the Santa
Ana Zoo at Prentice Park for the past two years.
Dr. Weldy has extensive knowledge of the Zoo's animal collection and has more than 20 years of
zoo experience with exotic animal veterinarian medicine. Further, prior to his selection, Dr. Weldy
had performed satisfactorily for ten years as backup vet for the Zoo's previous contract
veterinarian and often filled in during her absence.
Dr. Weldy will continue to provide a comprehensive program of preventative and curative medical
care for the entire Zoo collection. Dr. Weldy will visit Zoo facilities a minimum of 12 hours per
week to examine the animals' health and sanitation, and assist with maintaining complete medical
history records for each animal in the animal collection. The current agreement with Dr. Weldy is
due to expire on June 30, 2010. This agreement amendment will extend the term from July 1,
2010 through June 30, 2011.
25L -1
Agreement with Dr. Weldy
May 3, 2010
Page 2
FISCAL IMPACT
Funds for this agreement will be identified in the FY 2010 -11 Santa Ana Zoo at Prentice Park,
Other Contractual Services expenditure account (no. 01113220 62300).
Gerardo Mouet,
Executive Director
Parks, Recreation and
Community Services Agency
Approved as to Funds and Account:
A�m�z. �'-\ r -I:, � k 1 „� -
Francisco Gutierrez,
Executive Director
Finance and Management Services Agency_4-
25L -2
FIRST AMENDMENT TO CONSULTANT AGREEMENT
THIS AMENDMENT, made and entered into this 1St day of July, 2010 by and between
Scott Weldy DVM, dba Serrano Animal & Bird Hospital (hereinafter "Consultant "), 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 (hereinafter "City ").
RECITALS
A. The parties entered into Agreement # A- 2006 -277, ( the " Agreement ") by which
Consultant has provided veterinarian services to the City.
B. The parties wish to amend the Agreement to modify the Scope of Services,
Compensation and Term.
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 Amendment, the
parties agree as follows:
1. Section l., SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the
following:
661. SCOPE OF SERVICES
Consultant shall provide veterinary services to the Santa Ana Zoo at Prentice Park, as set
forth in Exhibit A to this Agreement."
Section 2., COMPENSATION, shall be deleted in its entirety and replaced with the following:
662. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. Maximum amount for reimbursable expenses shall
be $10,000.00. Provided however, the total sum to be expended under this Agreement, shall not
exceed $75,000 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. 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."
Section 3., TERM, shall be deleted in its entirety and replaced with the following:
"3. TERM
This Agreement shall commence on the date first written above and terminate on July 31,
2011, unless terminated earlier in accordance with Section 12, below."
4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain
in full force and effect.
1
25L -3
IN WITNESS WHEREOF, the parties hereto have executed this Amendment the date and year
first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
SERRANO ANIMAL AND
BIRD HOSPITAL
SCOTT WELDY, DVM
Owner
Tax ID #
2
25L -4
"EXHIBIT A"
CONSULTANT'S OBLIGATIONS
I. CONSULTANT OBLIGATIONS
CONSULTANT agrees to render veterinary services to the CITY at the Santa Ana Zoo
and in the home practice /place of business on a continuing basis for the duration of this
Agreement, including, but not limited to the following:
A. Serve as a medical officer for the Santa Ana Zoo's animal collection.
B. Serve as caretaker of drugs, narcotics, and pharmaceutical equipment. CONSULTANT also will
administer or supervise, including verbal and written communications on the administration of
narcotics, pharmaceuticals, and pharmaceutical equipment for the animals in the collection.
C. Provide a comprehensive program of preventative and curative medical care for the animal
collection; including annual and routine exams, annual review of the nutritional needs of all
species and recommendations for any dietary changes, and a comprehensive parasite treatment
plan for all species.
D. Consult with appropriate zoological and /or human experts and zoo staff to make
recommendations regarding the nutritional and medical needs of the collection.
E. Visit the Zoo facilities and examine the animal's health on average 12 hours per week. The
Zoo Curator and the CONSULTANT will decides on the hours on an as needs basis.
F. Assist the Zoo Curator in establishing and maintaining complete medical history records for
each animal in the collection.
G. Approve the detailed report of medical treatment administered and other services performed at
each visit as prepared by Zoo staff (or by the veterinarian) and sign the zoo vet visit log (time
sheet) for the Zoo files.
H. Exercise his/her best professional judgment and practice and make his/her best efforts to
maintain the animals. Advise Zoo staff on maintenance of same so as to insure the best medical,
husbandry, enrichment and living conditions possible for the animal collection.
I. Provide telephone consultation, advice and instructions of prescriptions on a reasonably
unlimited basis, either with staff or other consulting veterinarians. Provide a signature as our
consulting /attending veterinarian, for necessary and required certificates, documents, licenses or
permits.
J. Provide a signature as the City consulting/attending veterinarian for necessary and required certificates, licenses,
permits and other documents.
K. Advise on and ordering of medicine, supplies or instruments.
L. Obtain at his /her cost, medical malpractice insurance.
II. CITY OBLIGATIONS
In order to assist CONSULTANT in execution of his/her responsibilities under this agreement and
to enhance the care of the animals in the collection, the CITY agrees to do the following:
3
25L -5
A. Maintain a pharmaceutical safe for the storage of all controlled drugs and narcotics.
B. Maintain a facility for the use in the surgery and /or treatment of the collection with recovery
and holding cages and related equipment as necessary at the zoo.
C. Provide CONSULTANT with staff support from Zoo personnel.
D. Purchase equipment, biological, drugs, narcotics, pharmaceuticals and /or other medical
supplies upon request of CONSULTANT.
E. Provide staff assistance for the capture and treatment of animals.
F. Provide staff treatment of specimens on telephone or written instructions from CONSULTANT.
G. Provide additional veterinarians, where advisable for emergencies and for these services.
H. Maintain diagnostic or treatment notes filed in our records by backup veterinarians we may
employ, for the CONSULTANT'S review or use.
I. Pay for all outside laboratory expenses incurred as a result of CONSULTANT'S supervision of
animals in the collection.
J. Pay all other expenses necessary for the care of the collection when recommended by
CONSULTANT and approved by the Executive Director of the Parks, Recreation and Community
Services Agency or his designated representative.
III. COMPENSATION
CONSULTANT agrees to perform the professional services as set forth herein and CITY agrees to
pay CONSULTANT for all such services at the rate of $65,000 for twelve months for 12 hours per
week at the Zoo. There will be additional charges at the normal clinic rate for animals taken to
Dr. Weldy's place of business and for emergency calls to the zoo after Zoo hours. Contract
amount not to exceed $75,000.00. Said fees shall be paid not later than 30 days after receipt of
invoice from CONSULTANT. CITY agrees to pay cost of materials, supplies and laboratory fees
incurred for treatment of Zoo specimens taken to CONSULTANT'S home hospital for treatment.
4
25L -6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
CONSOLIDATED FIVE -YEAR PLAN AND ANNUAL
ACTION PLAN
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
Approve the Consolidated Five -Year Plan for 2010 -2014 and Annual Action Plan and authorize
its submittal to the United States Department of Housing and Urban Development.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION
At its regular meeting on April 20, 2010, by a vot e
Housing Commission recommended that the City
Plan for 2010 -2014 and Annual Action Plan and
Department of Housing and Urban Development.
DISCUSSION
of 4:0, the Community Redevelopment and
Council approve the Consolidated Five -Year
authorize its submittal to the United States
The Consolidated Five -Year Plan (Exhibit 1) is a comprehensive planning and application
document that covers the four entitlement grants that the City receives each year from the U. S.
Department of Housing and Urban Development (HUD). Those grants are the Community
Development Block Grant (CDBG), HOME Investment Partnerships Grant (HOME), Emergency
Shelter Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA). The
Consolidated Plan evaluates the community's need for affordable and supportive housing,
community development programs, social services, and economic opportunities. It outlines a
strategy to meet those needs and identifies programs and resources that can be used to address
them.
The Strategic Plan, which is one of the elements of the Consolidated Plan, describes the
objectives that the City of Santa Ana hopes to accomplish in the area of housing and community
development over the next five years, the strategies with which the City intends to achieve those
objectives and identifies the outcomes to be accomplished over the next five years. In order to
identify the priorities, a survey of community needs was prepared. Nearly 9,000 letters and flyers
announcing the survey's availability online were mailed to residents and stakeholders. Copies of
29A -1
Consolidated Five -Year Plan and Annual Action Plan
May 3, 2010
Page 2
the survey itself were also mailed to 2,400 residents, community /business leaders, CDBG /ESG
interest lists and Housing Authority participants. From October 15, 2009 to January 15, 2010, the
Consolidated Plan and the survey were presented at numerous neighborhood association
meetings, and laptops were available to enable residents to enter their survey responses online.
Over 1,500 responses were received and used to identify resident and stakeholder priorities
among needs that can be addressed with the City's federal grant funds. The proposed priorities
are organized into five different goals relating to owner - occupied and renter - occupied housing
needs, homeless needs, special needs populations, and community needs consistent with HUD
guidelines. The objectives and strategies identified respond to those needs.
The Consolidated Plan also includes the first of five Annual Action Plans that will be prepared
during the five -year period covered by the Plan. The Annual Action Plan describes the intended
use of the entitlement grants for fiscal year 2010 -11.
HUD regulations require that residents and other stakeholders have the opportunity to comment
on the proposed Consolidated Plan, and that their comments be given consideration in
preparation of the final document. On March 22 and April 5, 2010, notification was published in
the Orange County Register indicating that the draft Consolidated Plan was available for review
and that the public comment period ended on April 20, 2010. The notification was also published
in the Nguoi Viet and La Opinion. All comments received will be included in the final document
submitted to HUD.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Cynthia J. Nelson
Deputy City Manager for Development Services
Community Development Agency
CJN /SLB /mlr
Exhibit: 1. Consolidated Five -Year Plan Draft
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
EXTENSION OF VARIANCE NO. 2008 -03 TO
ALLOW THE CONSTRUCTION OF TWO
COMMERCIAL BUILDINGS AT 1501 WEST
MACARTHUR BOULEVARD
r
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1St Reading
❑ Ordinance on 2"d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Adopt a resolution approving the extension of Variance No. 2008 -03.
DISCUSSION
In May 2008, the City Council approved General Plan Amendment No. 2008 -02, Amendment
Application No. 2008 -02 and Variance No. 2008 -03 to allow the construction of two commercial
buildings at the northeast corner of MacArthur Boulevard and Plaza Drive. The general plan
amendment and amendment application (zone change) were to redesignate the properties to allow
commercial uses, while the variance allowed a reduction in the landscaped setbacks (Exhibit 1). Due to
a significant shift in the local, state and national economies over the past two years, Newport Real
Estate Services Inc. has been unable to secure the tenants necessary to begin construction.
Entitlements for development projects expire two years from the date of approval unless construction
has commenced. Since construction has yet to begin, the applicant would like to maintain the
entitlement for the variance and is requesting an extension. As the general plan amendment and
rezoning are permanent actions, no extension of these entitlements is needed. However, Section 41-
647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an
extension of a variance. The project is currently in building plan check and permits are ready to be
issued. The applicant is hopeful that the economic conditions will improve in the near future and allow
construction to commence. As a result, staff recommends that the entitlements for the commercial
buildings be extended by a period of one year.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, this project is exempt from CEQA per
Section 15061 (b)(3). This determination has been made as it has been determined that the proposed
action will not cause a significant effect on the environment.
55A -1
Extension of Variance No. 2008 -03
May 3, 2010
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
J . Trevino
Executive Director
Planning and Building Agency
VF: rb
vf\reportsXva08- 03.extension.cc
Exhibit: 1. Site Plan
55A -2
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55A -4
KO — 4/22/10
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA FOR THE EXTENSION OF VARIANCE NO.
2008 -03 AS CONDITIONED FOR ONE YEAR FOR THE
PROPERTY LOCATED AT 1501 WEST MACARTHUR
BOULEVARD
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 May 5, 2008, the City Council held a duly noticed public hearing on
General Plan Amendment No. 2008 -01, Amendment Application No. 2008-
02 and Variance No 2008 -03 to allow a reduction in the required building
setback along Macarthur Boulevard from fifteen feet to ten feet for the
property located at 1501 West MacArthur Boulevard.
B. The applicant has requested a one year extension Variance No. 2008 -03.
C. The extension request came before the City Council on May 3, 2010.
D. The project has been delayed according to the applicant due to the current
economic environment.
E. Pursuant to City of Santa Ana Municipal Code section 41 -647, where
construction does not commence these types of entitlements expire after
two years unless the applicant applies for, and the City Council approves,
an extension.
F. In accordance with the California Environmental Quality Act, this project is
exempt from CEQA per Section 15061 (b)(3). This determination has been
made as it has been determined that the proposed action will not cause a
significant effect on the environment.
Section 2. Variance No. 2008 -03 as conditioned is hereby extended for a
period of one (1) year from the date of this Resolution. This decision is based upon the
evidence submitted, which includes but is not limited to the Request for Council action
dated May 3, 2010 and exhibit attached thereto, and any public testimony, all of which
are incorporated hereby this reference.
Resolution No. 2010 -XXX
55A -5 Page 1 of 2
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 May, 2010.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES:
NOES:
Councilmembers
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. 2010- to be the original resolution adopted by the City Council of
the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2010 -XXX
Page 2 of 2 55A -6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
RESOLUTION TO PROVIDE WATER
SERVICE TO FORMER CUSTOMERS
OF THE DIAMOND PARK MUTUAL
WATER COMPANY .;
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s` Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution to accept State grant funding, construct public water system improvements
and provide service to former customers of the Diamond Park Mutual Water Company.
DISCUSSION
Diamond Park Mutual Water Company ( DPMWC) is a small private water system that serves
approximately 90 properties in the Valley Adams Neighborhood. The water company was
founded in 1930.
In recent years, the DPMWC system has suffered from many severe deficiencies, including the
following:
• The water is high in nitrates and is unsafe to drink.
• The private water company is nonfunctional in all areas, including financial, technical,
operational, and managerial.
• Frequent water system leaks and equipment failures cause the water service to be unreliable.
The State Department of Public Health (DPH) and the residents served by DPMWC are now
requesting that water service be provided by the City. For this to occur, public water system
improvements (water mains, fire hydrants, and meters) must be constructed. The cost to
construct these improvements is approximately $1,000,000.
The DPH has filed an application on behalf of DPMWC for a State Revolving Fund grant that will
cover 80 percent of the cost to construct the public water system improvements. A survey was
completed which showed the median household income to be below $28,000 for this area. Given
the results of this survey, the probability of receiving a grant is high.
55B -1
Resolution to Provide Water Service to
Former Customers of DPMWC
May 3, 2010
Page 2
In order to receive a grant, the City must agree to accept a low interest loan from the State
Revolving Fund that will cover the remaining 20 percent of the construction costs of the public
water system improvements. Costs to offset this loan will be recovered through connection fees
collected from DPMWC customers.
ENVIRONMENTAL IMPACT
A Notice of Exemption and Statutory Exemption (ER# 2010 -065) has been prepared for this project.
FISCAL IMPACT
Funds for construction of the water system improvements are available in the Water Capital
Construction program (accounting unit 06617647 - 66220). Construction costs will be reimbursed to
the City from the State grant and connection fees charged to property owners.
r—
Raul Godinez II
Executive Director
Public Works Agency
RG /RB /mz
Exhibit: 1. Resolution
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Jxs (04/05/10)
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA TO ACCEPT STATE GRANT
FUNDING, CONSTRUCT PUBLIC WATER SYSTEM
IMPROVEMENTS AND PROVIDE SERVICE TO
FORMER CUSTOMERS OF DIAMOND PARK MUTUAL
WATER COMPANY
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 finds, determines and
declares as follows:
A. The Diamond Park Mutual Water Company ( DPMWC) is a privately
owned mutual water company that provides domestic water service to
approximately 90 residences in the City of Santa Ana.
B. The well serving DPMWC is contaminated with nitrates and does not meet
Title 22 drinking water standards. The water system infrastructure
(pipelines, well, and tank) is obsolete and fails frequently, resulting in
water outages to DPMWC customers.
C. The Board of Directors of DPMWC has by resolution declared intent to
cease operations and direct their customers to connect to the City's water
system.
D. The cost to construct the public water system improvements required to
serve DPMWC is estimated at approximately $1,000,000.
E. The State of California Department of Public Health has filed an
application on behalf of DPMWC for a State Revolving Fund grant that will
cover 80% of the construction costs.
Section 2. Should DPMWC be awarded the State Funds, the City of Santa Ana
agrees to accept the State Revolving Fund grant and use the grant funds to cover 80%
of the construction costs of public water system improvements.
Section 3. Should DPMWC be awarded the State Funds, the City of Santa Ana
agrees to accept and repay a State Revolving Fund loan in an amount that will cover
the remaining 20% of the construction costs of public water system improvements.
Costs to offset this loan will be recovered through connection fees collected from
DPMWC customers.
Resolution No. 2010 -XXX
Page 1 of 3
l : J
Section 4. Upon completion of the public water system improvements, the City
of Santa Ana will make available water service to DPMWC customers, contingent upon
each customer paying all required fees and complying with city codes and regulations
for service.
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
Jose Sandoval
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2010 -XXX
Page 2 of 3
2010.
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 that the attached
Resolution No. 2010 -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
Resolution No. 2010 -XXX
Page 3 of 3
6,
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
RESOLUTION TO PROVIDE WATER ❑ As Recommended
SERVICE TO FORMER CUSTOMERS OF ❑ As Amended
THE CATALINA STREET PUMP OWNERS El El on 1St Reading
❑ Ordinance on 2nd Reading
ASSOCIATION ❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
/,X '% ,�_ FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Adopt a resolution to accept State grant funding, construct public water system improvements and
provide service to former customers of the Catalina Street Pump Owners Association.
DISCUSSION
The Catalina Street Pump Owners Association ( CSPOA) is a small private water system that serves
approximately 54 properties located on Roosevelt Street west of Euclid Avenue. In recent years, the
CSPOA system has failed to meet Title 22 drinking water standards. The well serving CSPOA is
contaminated with uranium and the Association does not have a regular certified operator and
cannot afford to purchase a water treatment system.
The State Department of Public Health (DPH) and the Treasurer for CSPOA are now requesting
water service to be provided by the City of Santa Ana. In order for service to be provided, public
water system services and meters must be constructed at each parcel. The cost to construct these
improvements is approximately $120,000.
The DPH has filed an application on behalf of CSPOA for a State Revolving Fund grant that will
cover 80 percent of the cost to construct public water system improvements. A survey was
completed which showed the median household income to be below the State's $48,000 threshold
to receive grant funding. Given the results of this survey, the probability of receiving a grant is high.
In order to receive a grant, the City of Santa Ana must agree to accept a low interest loan from the
State Revolving Fund that will cover the remaining 20 percent of the construction costs of the public
water system improvements. Costs to offset this loan will be recovered through connection fees
collected from CSPOA customers
55C -1
Resolution to Provide Water Service to
Former Customers of CSPOA
May 3, 2010
Page 2
ENVIRONMENTAL IMPACT
A Notice of Exemption and Categorical Exemption (ER# 2009 -190) has been prepared for this
project.
FISCAL IMPACT
Funds for construction of the water system improvements are available in the Water Capital
Construction program (accounting unit 06617647- 66301). Construction costs will be reimbursed to
the City from the State grant and connection fees charged to property owners.
"Y%O�F-
RauTGodinez II
Executive Directo
Public Works Agency
RG /RB /mz
Exhibit: 1. Resolution
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
55C -2
Jxs (04/05/10)
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA TO ACCEPT STATE GRANT
FUNDING, CONSTRUCT PUBLIC WATER SYSTEM
IMPROVEMENTS AND PROVIDE SERVICE TO
FORMER CUSTOMERS OF CATALINA STREET
PUMP OWNERS ASSOCIATION
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 finds, determines and
declares as follows:
A. The Catalina Street Pump Owners Association ( "CSPDX) is a privately
owned water system that provides domestic water service to
approximately 54 residences in the City of Santa Ana.
B. The well serving CSPOA is contaminated with uranium and does not meet
Title 22 drinking water standards. The CSPOA does not have a regular
certified operator and cannot afford to purchase a water treatment
system.
C. The Treasurer for CSPOA has declared his intent to cease operations and
direct CSPOA customers to connect to the City's water system.
D. The cost to construct the public water system improvements required to
serve the current CSPOA customers is estimated at approximately
$120,000.
E. The State of California Department of Public Health has filed an
application on behalf of CSPOA for the award of a State Revolving Fund
grant that will cover 80% of the construction costs.
Section 2. Should CSPOA be awarded the State Funds, the City of Santa Ana
agrees to accept the State Revolving Fund grant and use the grant funds to cover 80%
of the construction costs of public water system improvements.
Section 3. Should CSPOA be awarded the State Funds, the City of Santa Ana
agrees to accept and repay a State Revolving Fund loan in an amount that will cover
the remaining 20% of the construction costs of public water system improvements.
Costs to offset this loan will be recovered through connection fees collected from
CSPOA customers.
Resolution No. 2010 -XXX
Page 1 of 3
55C -3
Section 4. Upon completion of the public water system improvements, the City
of Santa Ana will make available water service to CSPOA customers, contingent upon
each customer paying all required fees and complying with city codes and regulations
for service.
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
Jose Sandoval
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2010 -XXX
Page 2 of 3
, 2010.
Miguel A. Pulido
Mayor
55C -4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached
Resolution No. 2010 -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
55C -5
Resolution No. 2010 -XXX
Page 3 of 3
55C -6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2010
TITLE:
POLICY FOR ISSUANCE OF REQUESTS
FOR PROPOSALS /REQUESTS FOR
QUALIFICATIONS
Cl-K MANAGER
RECOMMENDED ACTION
Receive and file.
DISCUSSION
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
In an effort to improve current practices and procedures, the City Manager's Office proposes that
a formal policy be implemented regarding the issuance of Requests for Proposals (RFPs) and
Requests for Qualifications (RFQs) as it relates to certain professional services contracts or
development solicitations that are associated with major city projects. Typically, the responsible
agency will draft the scope of services and distribute the RFP /RFQ to firms who have expressed
an interest in the project or who are determined by staff to be qualified to undertake the work.
Interviews are then conducted by a panel convened by staff, and a recommendation for selection
and award of the agreement is forwarded to the City Council for final approval.
To ensure that the City Council is aware of the overall scope of the project and associated time
frames, the policy shall provide for the following: All proposed RFPs /RFQs for large contracts
and consultant services shall be reviewed by the Executive Management Team (EMT) prior to
their circulation to prospective vendors, consultants, developers. The detailed scope of work
(including all exhibits and attachments) and the intended selection process will be placed on a
City Council public meeting agenda for review and approval a minimum of two weeks prior to the
issuance of the RFP /RFQ. This will allow the City Council an opportunity to provide input,
recommend changes and understand the scope and time frames of major project initiatives.
The proposed policy will become effective immediately following the City Council's action to
receive and file.
A ILS
Policy for Issuance of RFP /RFQ
May 3, 2010
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
Cynthia J. NelsoV
Deputy City Manager for Development Services
Community Development Agency
CJN /kg
�%LV
REQUEST FOR COUNCIL/ w.
AGENCY ACTION``''
MEETING DATE:
MAY 3, 2010
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
❑ As Recommended
APPROPRIATION ADJUSTMENT AND RESOLUTION - ❑ As Amended
PAYMENT TO SUPPLEMENTAL EDUCATIONAL ❑ Ordinance on 1st Reading
REVENUE AUGMENTATION FUND ❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
r 111 ✓�G
CITY MANAGER EXECUTIVE DIRECTOR
RECOMMENDED ACTION
CITY COUNCIL ACTION
CONTINUED TO
FILE NUMBER
Approve an appropriation adjustment transferring funds from the Low and Moderate - Income
Housing Fund, the South Main Commercial Corridor Fund and the Tax Increment Revenue Debt
Service- Merged Fund to the Merged Redevelopment Project Area Fund to make the necessary
payment to the County Supplemental Educational Revenue Augmentation Fund as required by
legislation implementing the California State Budget for FY 2009 -2010.
COMMUNITY REDEVELOPMENT AGENCY ACTION
Adopt a resolution finding that borrowing $3,679,545 in Housing Set -Aside Funds and $6,302,827
in South Main Commercial Corridor funds to make the FY 2009 -2010 payment to the Supplemental
Educational Revenue Augmentation Fund is necessary due to the insufficiency of other revenue
sources.
DISCUSSION
As a result of Assembly Bill X4 26 implementing the California State Budget for FY 2009 -2010, the
Community Redevelopment Agency is required to make a $17,889,256 payment to the County
Supplemental Educational Revenue Augmentation Fund (SERAF) by May 10, 2010. In order to
make this payment, the Agency will need to borrow funds from two of its accounts (Low and
Moderate Income Housing Fund and South Main Commercial Corridor Fund), as well as use prior
year funds and eliminate certain planned projects.
The legislation allows the Agency to borrow the amount required to be allocated from the Low and
Moderate - Income Housing Fund during FY 2009 -2010 to make this payment. The funds may be
AA & RESOLUTION - SERAF
May 3, 2010
Page 2
borrowed for up to five years. The Agency may also borrow other available tax increment funds to
meet the obligation. In both cases, the Agency must adopt a resolution making a finding that there
are insufficient other monies to make the required payment.
In the fall of 2009, the California Redevelopment Association filed a lawsuit challenging the
constitutionality of AB X4 26 and the requirement for Redevelopment Agencies to make the
SERAF payments to the County Auditor /Controller. A ruling on the merits of the case is anticipated
to be released by May 4, 2010. The proposed fund transfers are in anticipation of the payment
being due.
Until this matter is judicially resolved, the legislation implementing the State's FY 2009 -2010
budget still authorizes the County Auditor /Controller to withhold property tax revenue from the
City's General Fund to the extent that the $17,889,256 payment is found to be constitutional and
payment is not made by the Community Redevelopment Agency on or before May 10, 2010.
FISCAL IMPACT
City /Agency approval of the appropriation adjustment and resolution will make funds available in
the Merged Project Area Fund account (no. 57018843 - 69166) and will enable staff to make the
$17,889,256 payment to the County Auditor for deposit into the SERAF on or before May 10, 2010.
Nancy T. E ards
Assistant D ector
Community Development Agency
CJN /NTE /EB /kg
�:1111
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency